CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, October 3, 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.
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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 written comments to [email protected] no later than 3:00 p.m. on Monday, October 3, 2022. Written comments received no later than 3:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 3:00 p.m. will be distributed to the Council.
Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.
Rancho Cordova City Council –
Regular Meeting of Monday, October 3, 2022
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, October 3, 2022, before 3:00 p.m.
AGENDA
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.
3. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.
4. INVOCATION
Jennifer Laret with The Church of Jesus Christ of Latter-day Saints will give the invocation.
5. PRESENTATIONS
5.1. City Manager Announcement.
6. PUBLIC COMMENT
Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.
If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.
For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or 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.
Rancho Cordova City Council –
Regular Meeting of Monday, October 3, 2022
7. COUNCIL REPORTS
8. CITY MANAGER'S REPORT
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of September 19, 2022 and the Special Meeting of September 27, 2022.
Recommendation: Adopt the minutes.
9.2. 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 October 3, 2022 to November 2, 2022.
Recommendation: Adopt the Resolution.
9.3. Subject: Biennial Review of the Updated Conflict of Interest Code for the City of Rancho Cordova Designated Employees.
Recommendation: Receive and file the Updated Conflict of Interest Code for the City of Rancho Cordova Designated Employees.
9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-199 with Bear Construction Inc. in an Amount not to Exceed $673,058 for the Countryside Sidewalk Improvement Project.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-337-1 with R.E.Y. Engineers, Inc. to increase the contract Amount from $616,948, to an Amount not to Exceed $707,182 for the Countryside Neighborhood Street Rehabilitation Project.
Recommendation: Adopt the Resolution.
9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-38-2 with R.E.Y. Engineers, Inc. to Increase the Contract Amount from $483,920 to an Amount not to Exceed $512,920 and Extend the Contract to June 30, 2023 for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project.
Recommendation: Adopt the Resolution.
9.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-218 with The Rancho Cordova Area Chamber of Commerce in an Amount not to Exceed $665,000 for Business Retention Services.
Recommendation: Adopt the Resolution
9.8. Subject: A Resolution Approving the Final Map of Rio Del Oro East Large Lot Map, Subdivision No. FM-2020-003-01, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2022-205 with Aerojet Rocketdyne, Inc.
Recommendation: Adopt the Resolution.
9.9. Subject: A Resolution Declaring the Results of a Mail Ballot Election Relating to the
Rancho Cordova City Council –
Regular Meeting of Monday, October 3, 2022
Imposition of the Annual Stormwater Utility Fee for the Stone Creek Village Project in the City of Rancho Cordova.
Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the Stone Creek Village project.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
10.1. Subject: A Resolution of the City Council of the City of Rancho Cordova, Authorizing the Application and Adopting the PLHA plan for the Permanent Local Housing Allocation Program.
Recommendation: Adopt the Resolution.
10.2. Subject: An Ordinance Amending Title 2 Administration and Personnel, Chapter 2.34 Redevelopment Agency; Title 4 Business Regulation, Chapter 4.10 Special Business Licenses and Employee Permits; Title 6 Health and Sanitation, Chapter 6.28 Wells and Pumps & Chapter 6.90 Cannabis Cultivation; Title 10 Vehicles and Traffic, Chapter 10.64 Trip Reduction Programs; Tittle 14 Agricultural Activities, Chapter 14.05 Agricultural Activities; Title 16 Buildings and Construction, Chapter 16.95 Storm Drainage Impact Fee Program; Title 21 Plans, Chapter 21.12 Procedures for Adoption or Amendment of Plans; Title 22 Land Development, Chapter 22.160 Capital Improvement Program; and Title 23 Zoning Code, Chapter 23.104 Approval Authority, Chapter 23.119 Unified Sign Program, Chapter 23.158 Development Agreements, Chapter 23.501 Introduction to Form-Based Provisions, & Chapter
23.743 Signs.
Recommendation: Waive the first reading and introduce the Ordinance.
11. PUBLIC HEARING ITEMS
None.
12. REGULAR CALENDAR ITEMS
12.1. Subject: A Resolution of the City Council of the City of Rancho Cordova Approving a 5% Performance Incentive Payment for Cyrus Abhar for Service as City Manager Recommendation: Receive report and adopt the Resolution.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
14. ADJOURN TO CLOSED SESSION
Mayor Terry will adjourn the meeting to closed session.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
16. CLOSED SESSION
Council will meet in closed session to discuss the following item:
PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
Rancho Cordova City Council –
Regular Meeting of Monday, October 3, 2022
Pursuant to Government Code Section 54957.
17. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.
18. ADJOURNMENT
ADDITIONAL INFORMATION
Special meetings listed below are subject to change/cancellation without further notice.
Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting Agenda of the Council.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.
UPCOMING MEETINGS
October 17, 2022 5:30 PM Regular Meeting
October 25, 2022 5:30 PM Special Meeting/Work Session
November 7, 2022 4:00 PM Special Meeting/Regular Meeting November 21, 2022 5:30 PM Regular Meeting
November 29, 2022 5:30 PM Special Meeting/Work Session
December 5, 2022 4:00 PM Special Meeting/Regular Meeting December 13, 2022 5:30 PM Special Meeting/Work Session
December 19, 2022 5:30 PM 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.
Rancho Cordova City Council –
Regular Meeting of Monday, October 3, 2022
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 October 3, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on September 30, 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 September 30, 2022 at Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
ITEM 9.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, September 19, 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 5:35 p.m.
Council Members Present: Linda Budge, Garrett Gatewood (arrived at 5:38 p.m.), Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
3. PLEDGE OF ALLEGIANCE
Ben Avey led the pledge.
4. INVOCATION
There was a moment of silence in lieu of an invocation.
5. PRESENTATIONS
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 19, 2022
6. PUBLIC COMMENT
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Brenda Gustin
2. Jim Garcia
3. James Garcia
4. Marylin Metzger
5. James Garcia
6. Gregory Muilenburg
7. Deane Burke
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. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
Mayor Terry closed the public comment period.
ACTION: Motion to approve item 9.1 through 9.7 by Budge second by Pulipati; Motion passed with a 5:0 vote.
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of September 6, 2022.
Recommendation: Adopt the Minutes.
9.2. Subject: Second Reading of an Ordinance Establishing a Special Tax Zone 31 for Transit-Related Services for a portion of The Ranch Project.
Recommendation: Waive second reading and adopt the Ordinance.
9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-179 with Wellspace Health in an Amount not to Exceed $128,000 for Workforce Recovery Program Services.
Recommendation: Adopt the Resolution.
9.4. Subject: Rancho Cordova Youth Center Master Joint Use Agreements and Joint Use Agreements with Boys and Girls Club of America and Rancho Cordova Police Activities League.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution Approving the Final Large Lot Map of Grantline 220 Subdivision No. FM-2021-004-00, and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2022-194 with Lennar Homes of California LLC.
Recommendation: Adopt the Resolution.
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 19, 2022
9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-198 in an Amount not to Exceed $156,944 With Tetra Tech, Inc. for Environmental Investigation Services on the City's Property at 2738 Woodberry Way.
Recommendation: Adopt the Resolution.
9.7. Subject: A Resolution Declaring the Results of a Mail Ballot Election Relating to the Imposition of the Annual Stormwater Utility Fee for a portion of the Ranch Project in the City of Rancho Cordova.
Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for a portion of the Ranch project.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
None.
11. PUBLIC HEARING ITEMS
None.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Presentation of the 2024 Blueprint by the Sacramento Area Council of Governments (SACOG).
Recommendation: Receive presentation from James Corless, Sacramento Area Council of Governments
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
12.2. Subject: Measure R and Measure H/Community Enhancement & Investment Fund Citizen Oversight Board Appointments.
Recommendation: The City Council discuss, and select, by a majority vote of the full City Council, four, two-year term board members and two, one-year term at-large student appointees, to fill the combined Measure R and Measure H/Community Enhancement & Investment Fund Citizen Oversight Board.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Deane Burke
2. Kari Schoch
3. Nia Danelia
4. Valeria Aguilar
Mayor Terry closed the public comment period.
ACTION: Motion to appoint Nia Danelia and Valeria Aguilar to the Community Enhancement & Investment Citizen Oversight Board as at-large student members by Budge second by Gatewood;
Motion passed with a 5:0 vote.
ACTION: Motion to appoint Kari Schoch and Deane Burke to the Community Enhancement & Investment Fund Citizen Oversight Board by Budge second by Pulipati;
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 19, 2022
Motion passed with a 5:0 vote.
ACTION: Motion to appoint Enrique Cruz to the Community Enhancement & Investment Fund Citizen Oversight Board by Budge second by Gatewood; Motion passed with a 5:0 vote.
ACTION: Motion to appoint Lisa Burns to the Community Enhancement & Investment Fund Citizen Oversight Board by Pulipati second by Gatewood; Motion passed with a 5:0 vote.
12.3. Subject: Discussion on Naming of Streets and Facilities Recommendation: Receive information and provide direction as needed.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Helen Whelan Bashaw
Mayor Terry closed the public comment period.
ACTION: Input was received regarding the Naming of Streets and Facilities.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
1. Sister City Relationship with Korea
2. Little League Board Discussion
3. Infill Projects Next Steps
14. ADJOURN TO CLOSED SESSION
Mayor Terry adjourned the meeting to closed session at 7:46 p.m.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Terry called closed session to order at 7:46 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 met in closed session to discuss the following item:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) Cordova Recreation and Park District v. City of Rancho Cordova, Sacramento Superior Court Case No. 34-2021- 80003705.
17. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.
18. ADJOURNMENT
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, September 19, 2022
Mayor Terry adjourned the meeting in memory of Mark Stasyuk and Queen Elizabeth II at 8:18 p.m.
___________________
Stacy Leitner, CMC
City Clerk
ITEM 9.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Tuesday, September 27, 2022
5:30 PM – Special Meeting/Closed Session
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 5:35 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, and Mayor Donald Terry
Council Members Absent: David Sander
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 5:37 p.m.
4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Terry called closed session to order at 5:35 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, September 27, 2022
Council Members Absent: None
Staff Members Present: Cyrus Abhar and Adam Lindgren
5. CLOSED SESSION
Council met in closed session to discuss the following item:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager: Pursuant to Government Code Section 54957.
6. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that the Council concluded that the City Manager's performance in 2022 was exemplary.
7. ADJOURNMENT
Mayor Terry adjourned the meeting at 6:50 p.m.
____________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 9.2.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Adam Lindgren, City Attorney
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 OCTOBER 3,
2022 TO NOVEMBER 2, 2022
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the attached Resolution would allow the City Council and the City’s other legislative bodies to continue to meet via teleconference (“virtually”) in a manner substantially similar to the manner in which they have met during the COVID-19 pandemic, if a proclaimed State of Emergency remains in effect and other requirements are satisfied.
BACKGROUND
All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct virtual meetings to slow the spread of COVID-
19. As a result of Executive Order N-29-20, City Staff set up virtual meetings for the City Council and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which allows local legislative bodies to continue to conduct meetings via teleconferencing under specified
City Council Staff Report - Page 2 of 3
conditions. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. On September 20, 2021, the City Council held a meeting in compliance with AB 361’s requirements for remote meetings.
In order for AB 361 to remain effective for meetings of the City’s legislative bodies, the City Council is required to make specified findings every 30 days. AB 361 allows a legislative body to continue holding meetings utilizing teleconferencing without complying with the standard teleconferencing requirements if a State of Emergency is proclaimed under Government Code section 8625, the City has reconsidered the emergency conditions, and if the local Public Health Officer continues to recommend social distancing measures to protect the public’s health and safety during local government meetings. These conditions are present.
Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. The potential spread of COVID-19 continues to threaten public health and safety during indoor public gatherings, including indoor gatherings of the Rancho Cordova City Council and other Rancho Cordova legislative bodies. In addition, the Sacramento County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.
SUMMARY
The attached Resolution makes the required findings that the current conditions exist to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the legislative bodies commissions and committees created by the City Council pursuant to Government Code section 54952(b). This will allow members of the public to safely observe and participate in local government meetings during the pandemic.
If a meeting is held via teleconference under AB 361, the following requirements apply:
1.Notices and agenda requirements remain the same under the Brown Act;
2.No physical location is required for public attendance or public comment.However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;
3.Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;
4.If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;
5.Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;
6.If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and
7.When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.
City Council Staff Report - Page 3 of 3
FISCAL IMPACT AND FUNDING SOURCE
The cost of continued remote access to Council meetings and the meetings of other City committees.
ATTACHMENT(S)
1. Resolution
ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 3
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
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 OCTOBER 3, 2022 TO NOVEMBER 2, 2022
WHEREAS, the City is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.
Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 20, 2021 the City held a meeting during a state of emergency under Government Code section 8625 and during a period of recommended social distancing by state and local officials while complying with Government Code section 54953(e)(2); and WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City continues to experience emergency conditions due to COVID-19, specifically, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) continues to threaten public health and safety during indoor public gatherings; and WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3 WHEREAS, on July 30, 2021, the Sacramento County Health Officer issued an order requiring all individuals, regardless of vaccination status, to wear a mask while indoors in public spaces; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS, the Sacramento County Health Officer’s order incorporates the CDC’s guidance for vaccinated and unvaccinated people; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953 as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the conditions of the state of emergency pursuant to Government Code section 8625 and proclaims that a local emergency persists throughout the City, affirms the Sacramento Health Order’s required and recommended measures to promote social distancing, and finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow the Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
Section 3. Remote Teleconference Meetings. City Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) November 2, 2022 or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova, this 3rd day of October 2022, by the following vote:
ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3 AYES:
NOES:
ABSENT:
ABSTAIN:
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.3.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Stacy Leitner, City Clerk
SUBJECT: BIENNIAL REVIEW OF THE UPDATED CONFLICT OF INTEREST
CODE FOR THE CITY OF RANCHO CORDOVA DESIGNATED
EMPLOYEES
RECOMMENDATION
Receive and file the Updated Conflict of Interest Code for the City of Rancho Cordova Designated Employees.
RESULT OF RECOMMENDED ACTION
Filing of the Updated Conflict of Interest Code for the City of Rancho Cordova Designated Employees will result in the City's compliance with Fair Political Practices Commission requirements.
BACKGROUND
Local agencies must review their Conflict of Interest Code biennially to ensure the Code accurately designates the appropriate positions and requires disclosure by designated officials in the appropriate disclosure category. The Political Reform Act requires all positions that make or participate in making governmental decisions be designated.
The City Council, City Manager, City Attorney, Chief Financial Officer, and Planning Commissioners are not covered under this Code because they are mandated filers subject to the disclosure requirements set forth in Government Code Section 87200.
The attachments reference the proposed changes from the last biennial review.
FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact.
ATTACHMENT(S)
1. Local Agency Biennial Notice
2. California Code of Regulations
3. Conflict of Interest Code Proposed Changes
4. Conflict of Interest Code Final
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
ITEM 9.3.
ATTACHMENT 1
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
ITEM 9.3.
ATTACHMENT 2
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's ITEM 9.3.
ATTACHMENT 2
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
ITEM 9.3.
ATTACHMENT 2
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
ITEM 9.3.
ATTACHMENT 2
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest; ITEM 9.3.
ATTACHMENT 2
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
ITEM 9.3.
ATTACHMENT 2
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.
ITEM 9.3.
ATTACHMENT 2
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from ITEM 9.3.
ATTACHMENT 2
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
ITEM 9.3.
ATTACHMENT 2
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
ITEM 9.3.
ATTACHMENT 2
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
ITEM 9.3.
ATTACHMENT 2
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
ITEM 9.3.
ATTACHMENT 2
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
ITEM 9.3.
ATTACHMENT 2
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
ITEM 9.3.
ATTACHMENT 2
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
ITEM 9.3.
ATTACHMENT 2
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
ITEM 9.3.
ATTACHMENT 2
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, ITEM 9.3.
ATTACHMENT 2
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of ITEM 9.3.
ATTACHMENT 2
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, ITEM 9.3.
ATTACHMENT 2
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 ITEM 9.3.
ATTACHMENT 2
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
ITEM 9.3.
ATTACHMENT 2
ITEM 9.3. ATTACHMENT 3 Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 1 of 3
CONFLICT OF INTEREST CODE FOR THE CITY OF RANCHO CORDOVA
The Political Reform Act (Government Code Section 810 00, et. seq.) requires state and local government agencies to adopt and promulgate conflict -of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s code. After public notice and h earing, the standard code may be amended by the Fair Political Practices (FPPC) to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Polit ical Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure requirements shall constitute the conflict -of-interest code of the City of Rancho Cordova.
Individuals holding designated positions shall file their statements with the City Clerk, which will retain the statements and make the statements available for public inspection and reproduction. (Government Code Section 81088). Upon receipt of the statement f or Public Officials specified in Government Code Section 87200, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission.
DESIGNATED POSITIONS
The positions listed below constitute the list of designated positions required by the City of Rancho Cordova Conflict of Interest Code (2 Cal. Code of Regs. Section 18730). The individual occupying each position is deemed to make, or participate in the making of, decisions that may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Section II below.
POSITION CATEGORY
Accountant 2
Administrative Services Director 1
Animal Services Officer I/II 2
Assistant Building Official 1
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant Planner 2
Assistant Police Chief 1
Associate Planner 2
Building Inspector I/II 2
Business Systems Analyst 1
Chief Building Official 1
City Clerk 1
City Engineer/Public Works Director 1
Code Enforcement Officer I/II 2
Code Enforcement Supervisor 2
ITEM 9.3. ATTACHMENT 3 Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 2 of 3
POSITION CATEGORY
Communications, Legislative Affairs, & Community 1
Engagement Director
Community Development Director 1
Community Engagement Analyst I/II 3
Community Enhancement Analyst (Management Analyst) 2
Community Enhancement Technician 2 Deputy City Attorney 1
Deputy City Manager 1
Economic Development Director 1
Economic Development Analyst 2
Economic Development Manager 12
Engineering Manager 2
Facilities Services Manager 2
Facilities Services Supervisor 2
Finance Manager 1
Housing and Neighborhood Development Analyst II 2
Human Resources Manager 1
Information Technology Director 1
Information Technology Analyst II 2
Information Technology Manager 1
Maintenance & Operations Supervisor 2
Management Analyst I/II 2
Neighborhood Services Manager 1
Neighborhood Services Supervisor 1
Planning Manager 1
Principal Planner 12
Police Chief 1
Principal Building Inspector 2
Principal Civil Engineer 1
Public Works Division Manager-
Maintenance and Operations 1
Reinvestment Analyst 1
Senior Civil Engineer 21
Senior Code Enforcement Officer 1
Senior Community Enhancement Analyst 1
Senior Engineer 2
Senior Finance Analyst 2
Senior Human Resources Analyst 1
Senior Information Technology Analyst 1
Senior Management Analyst 1
ITEM 9.3. ATTACHMENT 3 Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 3 of 3
POSITION CATEGORY
Senior Planner 12
Senior Transportation Planner 2
Supervising Building Inspector 2
Consultants shall be designated on a case -by-case basis, depending upon the nature of their services.
BOARDS AND COMMISSIONS CATEGORY
Community Enhancement and Investment Oversight 1
PUBLIC OFFICIALS SPECIFIED IN GOVERNMENT CODE SECTION 87200 Members of the Rancho Cordova City Council
City Manager
City Attorney
Administrative Services Director
Members of the Rancho Cordova Planning Commission
DISCLOSURE CATEGORIES
Disclosure Category 1
Individuals in this category shall disclose all interests in real property located within the City and all investments in, business positions with, and sources of income from entities having an interest in real property within the City or entities which are of the type to do business with or within the City.
Disclosure Category 2
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the City.
Disclosure Category 3
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the designated employee's department, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the designated employee's department.
ITEM 9.3. ATTACHMENT 4 Conflict of Interest Code for the City of Rancho Cordova - Final Page 1 of 3
CONFLICT OF INTEREST CODE FOR THE CITY OF RANCHO CORDOVA
The Political Reform Act (Government Code Section 810 00, et. seq.) requires state and local government agencies to adopt and promulgate conflict -of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s code. After public notice and h earing, the standard code may be amended by the Fair Political Practices (FPPC) to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Polit ical Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure requirements shall constitute the conflict -of-interest code of the City of Rancho Cordova.
Individuals holding designated positions shall file their statements with the City Clerk, which will retain the statements and make the statements available for public inspection and reproduction. (Government Code Section 81088). Upon receipt of the statement f or Public Officials specified in Government Code Section 87200, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission.
DESIGNATED POSITIONS
The positions listed below constitute the list of designated positions required by the City of Rancho Cordova Conflict of Interest Code (2 Cal. Code of Regs. Section 18730). The individual occupying each position is deemed to make, or participate in the making of, decisions that may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Section II below.
POSITION CATEGORY
Accountant 2
Administrative Services Director 1
Animal Services Officer I/II 2
Assistant Building Official 1
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant Planner 2
Assistant Police Chief 1
Associate Planner 2
Building Inspector I/II 2
Business Systems Analyst 1
Chief Building Official 1
City Clerk 1
City Engineer/Public Works Director 1
Code Enforcement Officer I/II 2
Code Enforcement Supervisor 2
ITEM 9.3. ATTACHMENT 4 Conflict of Interest Code for the City of Rancho Cordova - Final Page 2 of 3
POSITION CATEGORY
Communications, Legislative Affairs, & Community 1
Engagement Director
Community Development Director 1
Community Engagement Analyst I/II 3
Community Enhancement Analyst (Management Analyst) 2
Community Enhancement Technician 2 Deputy City Attorney 1
Deputy City Manager 1
Economic Development Director 1
Economic Development Analyst 2
Economic Development Manager 1
Engineering Manager 2
Facilities Services Manager 2
Facilities Services Supervisor 2
Finance Manager 1
Housing and Neighborhood Development Analyst II 2
Human Resources Manager 1
Information Technology Director 1
Information Technology Analyst II 2
Information Technology Manager 1
Maintenance & Operations Supervisor 2
Management Analyst I/II 2
Neighborhood Services Manager 1
Neighborhood Services Supervisor 1
Planning Manager 1
Principal Planner 1
Police Chief 1
Principal Building Inspector 2
Principal Civil Engineer 1
Public Works Division Manager-
Maintenance and Operations 1
Reinvestment Analyst 1
Senior Civil Engineer 2
Senior Code Enforcement Officer 1
Senior Community Enhancement Analyst 1
Senior Engineer 2
Senior Finance Analyst 2
Senior Human Resources Analyst 1
Senior Information Technology Analyst 1
Senior Management Analyst 1
ITEM 9.3. ATTACHMENT 4 Conflict of Interest Code for the City of Rancho Cordova - Final Page 3 of 3
POSITION CATEGORY
Senior Planner 1
Senior Transportation Planner 2
Supervising Building Inspector 2
Consultants shall be designated on a case -by-case basis, depending upon the nature of their services.
BOARDS AND COMMISSIONS CATEGORY
Community Enhancement and Investment Oversight 1
PUBLIC OFFICIALS SPECIFIED IN GOVERNMENT CODE SECTION 87200 Members of the Rancho Cordova City Council
City Manager
City Attorney
Administrative Services Director
Members of the Rancho Cordova Planning Commission
DISCLOSURE CATEGORIES
Disclosure Category 1
Individuals in this category shall disclose all interests in real property located within the City and all investments in, business positions with, and sources of income from entities having an interest in real property within the City or entities which are of the type to do business with or within the City.
Disclosure Category 2
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the City.
Disclosure Category 3
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the designated employee's department, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the designated employee's department.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.4.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Jesse Yabes, Assistant Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-199 WITH BEAR CONSTRUCTION INC. IN AN AMOUNT NOT TO EXCEED $673,058 FOR THE COUNTRYSIDE
SIDEWALK IMPROVEMENT PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2022-199 in an amount not to exceed $673,058.00 with Bear Construction Inc. to construct the Countryside Sidewalk Improvement Project.
BACKGROUND
The Countryside Sidewalk Improvement Project (Project) is located in the Countryside Neighborhood of Rancho Cordova, which is bounded by Routier Road, Ellenwood Avenue, Nut Plains Drive and Countryside Way (Attachment 3). In anticipation of a future street rehabilitation project in the Countryside Neighborhood, city staff identified over 180 locations in need of repair.
The work to be done in this project will consist of repairing damaged sidewalks, curbs and gutters, upgrading 24 existing curb ramps to achieve compliance with the Americans with Disabilities Act, and performing other incidental work as required. The project will improve accessibility and safety in the neighborhood for pedestrians of all abilities.
This Project is necessary to encourage wellness in the community, and aligns with the City's goals to promote the positive image of Rancho Cordova; ensure a safe, inviting, and livable community; and ensure the availability of the best public services in the region while practicing sound financial management.
Funding for pedestrian improvements for the Countryside Neighborhood was proposed in the Fiscal Year 2022-2023 American Rescue Plan Act (ARPA) Budget, which was presented to Council at the meeting on June 6, 2022. On June 20, 2022, the Council adopted a resolution to
City Council Staff Report - Page 2 of 2
approve the budget for ARPA funds.
Bids for this work were solicited on the City’s Website, CIPList.com and the Stockton, Sacramento, Placer and El Dorado County Builders Exchanges on August 5, 2022. Bids for the project were publicly opened on Tuesday, August 30, 2022. A total of six bids were received (Attachment 4) and the lowest responsible base bid was $673,058.00. The contract award is based on the lowest base bid, and there are no project bid alternates.
The project is expected to be under construction starting Fall 2022 and completed by Spring 2023.
FISCAL IMPACT AND FUNDING SOURCE
Funding for this project will consist of ARPA Funds, Gas Tax and Street Cut Fees. There is no fiscal impact to the City's General Fund.
ATTACHMENT(S)
1. Resolution
2. Contract No. 2022-199
3. Project Map
4. Bid Summary
ITEM 9.4. 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. 2022-199 IN AN AMOUNT NOT TO EXCEED $673,058.00 WITH BEAR CONSTRUCTION INC. TO CONSTRUCT THE COUNTRYSIDE SIDEWALK IMPROVEMENT PROJECT
WHEREAS, the City solicited bids for the Countryside Sidewalk Improvement Project under the requirements of state and local law and publicly opened the bids on August 30, 2022; and
WHEREAS, the lowest responsible bidder was Bear Construction Inc.; and
WHEREAS, funding for this project will consist American Rescue Plan Act (ARPA) Funds, Gas Tax and Street Cut Fees. There is no impact to the City's General Fund; and
WHEREAS, this project was reviewed under the requirements of the California Environmental Quality Act (CEQA), and has been determined to be exempt from further review pursuant to CEQA Regulation 15301 regarding repairs, maintenance, or minor alterations to "existing facilities" so long as the project only involves negligible or no expansion of use beyond current facilities.
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. 2022-199 in an amount not to exceed $673,058 with Bear Construction Inc. and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2022-199
5039694.3
Construction Services Agreement between October 2022
City of Rancho Cordova and Bear Construction, Inc. Page 1 of 18
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND BEAR CONSTRUCTION, INC.
FOR THE COUNTRYSIDE ADA SIDEWALK IMPROVEMENT PROJECT
CITY PROJECT NO. CP23-2244
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Bear Construction, Inc. (“Contractor”) as of ___________, 2022.
W I T N E S S E T H:
WHEREAS , the City Council for the City heretofore caused plans and specifications for Countryside ADA Sidewalk Improvement Project (“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 August 5, 2022 on CIPList.com and the City of Rancho Cordova 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. 2022-199 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 ITEM 9.4.
ATTACHMENT 2
CONTRACT NO. 2022-199
5039694.3
Construction Services Agreement between October 2022
City of Rancho Cordova and Bear Construction, Inc. Page 2 of 18
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 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: Six Hundred Seventy-Three Thousand Fifty-Eight Dollars and Zero Cents ($673,058.00). 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. 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 ITEM 9.4.
ATTACHMENT 2
CONTRACT NO. 2022-199
5039694.3
Construction Services Agreement between October 2022
City of Rancho Cordova and Bear Construction, Inc. Page 3 of 18
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 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 7. 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 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 (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 10. INDEMNIFICATION.
10.1 Contractor’s Performance. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and ITEM 9.4.
ATTACHMENT 2
CONTRACT NO. 2022-199
5039694.3
Construction Services Agreement between October 2022
City of Rancho Cordova and Bear Construction, Inc. Page 4 of 18
agrees to the provisions of this Section and that it is a material element of consideration.
10.2 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.
10.3 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 11. 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, 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 12. AMENDMENTS. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.
Section 13. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.
Section 14. MISCELLANEOUS PROVISIONS .
14.1 Successors. 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.
14.2 Contract Administration. This Agreement shall be administered by Jesse Yabes ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
14.3 Notices. Any written notice to Consultant shall be sent to:
Jorge Lopez
Bear Construction, Inc.
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29225 Sims Ct.
Hayward, CA 94544
[email protected]
Any written notice to City shall be sent to:
Jesse Yabes
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
14.4 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.
14.5 Governing Law and Venue. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.
14.6 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
14.7 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.
14.8 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.
14.9 Survival. The obligations of this Agreement, which by their nature would continue beyond the term or expiration of this Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.
14.10 Entire Agreement. This Agreement, including the terms of payment attached hereto and incorporated herein as Exhibit A, and the Contract Documents as referenced above in Section 1, of this Agreement, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.
Section 15. REQUIRED CONTRACT PROVISIONS – FHWA 1273 – REVISED JULY 5, 2022,
FEDERAL-AID CONSTRUCTION CONTRACTS
ITEM 9.4.
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I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Material s Preference for Appalachian Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference fo r work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be res ponsible for compliance by any subcontractor, lower-tier subcontra ctor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontr acts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or req uest-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excl uding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to ma terial supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Oppor tunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provis ions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this c ontract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and ITEM 9.4.
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the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitm ent or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the ITEM 9.4.
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special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association ac ting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
ITEM 9.4.
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III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for empl oyees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The cont ractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing pr ovided for employees. The contractor shall provide separat e or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardle ss of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functiona lly classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires t hat projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechani cs, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics s hall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actua lly performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classificati on in which work is performed.
The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contractin g officer shall approve an additional classification and wa ge rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day ITEM 9.4.
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on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborer s or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, a nd helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause th e suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall s ubmit weekly for each week in which any contract work is perfo rmed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifyi ng number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desir ed. Optional Form WH–347 is available for this purpose fr om the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors s hall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his
or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including
each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(2) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.
(3) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, ITEM 9.4.
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after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recogni zed by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Offi ce of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the appr enticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administra tor determines that a different practice prevails for the app licable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journey men on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Admini stration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actua lly performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees work ing under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway c onstruction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
ITEM 9.4.
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8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the over time provisions of the Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990)
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all ITEM 9.4.
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other Federal regulatory requirements.
"Specialty Items" shall be constr ued to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engi neering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essentia l that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of F ederal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily ava ilable to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or co rporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the
submission of plans, maps, specif ications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or fa lse claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the c onstruction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.
ITEM 9.4.
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By submission of this bid/propos al or the execution of this contract or subcontract, as a ppropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING EBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or
general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and
suppliers).
f. The prospective first tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000
threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. 2 CFR 180.300; 180.320, and 180.325. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. 2 CFR 180.335. To
verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/).
2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
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2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
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a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
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ITEM 9.4.
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Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier
subcontracts, which
exceed $100,000 and that all such recipients shall certify and disclose accordingly.
USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in par agraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (mas ter) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARA D by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
ITEM 9.4.
ATTACHMENT 2
CONTRACT NO. 2022-199
5039694.3
Construction Services Agreement between October 2022
City of Rancho Cordova and Bear Construction, Inc. Page 17 of 18
ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR
APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
ITEM 9.4.
ATTACHMENT 2
CONTRACT NO. 2022-199
5039694.3
Construction Services Agreement between October 2022
City of Rancho Cordova and Bear Construction, Inc. Page 18 of 18
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 Jorge Lopez, President
______
D a t e D a t e
Attest:
Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:
Adam U. Lindgren, City Attorney
Date
Last revised June 23, 2022
ITEM 9.4.
ATTACHMENT 2
EXHIBIT A: BID SCHEDULE
The following quantities are approximate only and are given for the purpose of comparing proposals.
The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Director of Public Works.
Payment will be based upon the actual quantities
installed or constructed, unless otherwise specified.
Item
No.
1 2
3 4
5 6
7 8
9 10
11 12
COUNTRYSIDE ADA SIDEWALK IMPROVEMENT PROJECT
CITY OF RANCHO CORDOVA
BASE BID SCHEDULE
Item Description Quantity Unit Unit Price
Water Pollution and Erosion Control 1 LS $4,000.00 (WPCP) Traffic Control Plan 1 LS $8,000.00
Tree Root Trim and Root Barrier 160 LF $60.00 Placement Sawcutting 2650 LF $15.00
Aggregate Base Class 2 880 TON $35.00
Type "A" Asphalt Concrete (HMA) 101 TON $300.00
Remove and Replace PCC Curb & 2222 LF $60.00 Gutter
Remove and Replace PCC Sidewalk or 11,896 SF $28.00 PCC Sidewalk Ramp 3' x 4' Detectable Warning Surface 24 EA $1,500.00
Patch 9 EA $200.00
Sidewalk Grind 48 EA $500.00
Driveway Conform (Contingency Only) 800 SF $28.00
TOTAL BASE BID (Items 1-10, in figures) $673,058.00
TOTAL BASE BID PRICE (IN WORDS) Six hundred seventy three thousand fifty eight Amount
$4,000.00
$8,000.00
$9,600.00
$39,750.00
$30,800.00
$30,300.00
$133,320.00
$333,088.00
$36,000.00
$1,800.00
$24,000.00
$22,400.00
In the event that the product of a unit price and an estimated quantity does not equal the extended amount stated, the unit price will govern and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid.
Construction Services Agreement Between
City of Rancho Cordova and Bear Construction Services, Inc.
Bid Form
CONTRACT NO. 2022-199
ITEM 9.4.
ATTACHMENT 2
ITEM 9.4.
ATTACHMENT 3
ITEM 9.4.
ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.5.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Jesse Yabes, Assistant Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-337-1 WITH R.E.Y. ENGINEERS, INC. TO INCREASE THE CONTRACT AMOUNT FROM $616,948, TO
AN AMOUNT NOT TO EXCEED $707,182 FOR THE COUNTRYSIDE
NEIGHBORHOOD STREET REHABILITATION PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2021-337-1 to increase the contract amount from $616,948 to an amount not to exceed $707,182 for continued on-call engineering and design services with R.E.Y. Engineers, Inc. for the Countryside Neighborhood Street Rehabilitation Project.
BACKGROUND
The Countryside Neighborhood Street Rehabilitation Project (Project) is located in the neighborhood bordered by Routier Road, Folsom Boulevard, Mather Field Road, Rockingham Drive, and Old Placerville Road (Attachment 3). The Project will include an overlay of existing pavement to improve the road surfaces, sidewalk repairs and curb ramp upgrades to achieve compliance with the Americans with Disabilities Act, storm drain upgrades to improve flood protection and conveyance, and other incidental work as required.
This Project is necessary and aligns with the City's goals to promote the positive image of Rancho Cordova; ensure a safe, inviting and livable community; and ensure the availability of the best public services in the region while practicing sound financial management.
On January 3, 2022, City Council approved Contract No. 2021-337 for R.E.Y. Engineers, Inc. to provide on-call engineering and design services for the Countryside Neighborhood Street Rehabilitation Project in an amount not to exceed $616,948.
Upon completing a geotechnical report, R.E.Y. Engineers, Inc. determined 11 additional streets within the project area require full removal and replacement of asphalt. To mitigate potential
City Council Staff Report - Page 2 of 2
utility conflicts during construction, city staff requested R.E.Y. to measure the depths of utilities in these streets and coordinate with utility purveyors regarding relocation.
Additionally, city staff elected to expand the surveying efforts on this project to include survey monument preservation, which was not included in the original contract. Contract Amendment 2021-337-1 will allow the consultant to conduct research and field verification to determine the number of protected and non-protected monuments within the project area.
Performing additional utility locating and survey monument preservation during the design phase, and indicating these facilities in the construction plans, reduces the risk of change orders during construction. Therefore, staff is recommending the contract amendment to include scope of work to perform additional utility locating and coordination, engineering surveying, and monument preservation.
It is anticipated that the project design will be complete in Summer 2023 and construction will begin in Fall 2023.
FISCAL IMPACT AND FUNDING SOURCE
Funding for this project would consist of Community Enhancement Funds, Measure R, Gas Tax, Road Maintenance and Rehabilitation Fund, Measure A Maintenance, Supplemental Transportation, Stormwater Enterprise Fund, and Capital Infrastructure Fund. This project is included in the City's current approved Capital Improvement Plan and in the adopted 2021- 2023 budget. There is no impact to the City's General Fund.
ATTACHMENT(S)
1. Resolution
2. Contract Amendment No. 2021-337-1
3. Project Map
ITEM 9.5. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-337-1 WITH R.E.Y ENGINEERS, INC. TO INCREASE THE CONTRACT AMOUNT FROM $616,948 TO AN AMOUNT NOT TO EXCEED $707,182 FOR
THE COUNTRYSIDE NEIGHBORHOOD STREET REHABILITATION PROJECT
WHEREAS, the City entered into Contract No. 2021-337 with R.E.Y. Engineers, Inc. on January 4, 2022 in the amount of $616,948 to provide on-call engineering and design services for the Countryside Neighborhood Street Rehabilitation Project; and
WHEREAS, the City wishes to update the scope of work to include services and compensation to perform additional utility location, engineering services, survey monument preservation, and utility coordination for the Countryside Neighborhood Street Rehabilitation Project; and
WHEREAS, this Amendment No. 2021-337-1 will increase the Contract Amount from $616,948, to an Amount not to Exceed $707,182 for the Countryside Neighborhood Street Rehabilitation project; and
WHEREAS, the project is included in the City's current approved Capital Improvement Plan and has no impact to the General Fund.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager or his designee to execute Contract Amendment No. 2021-337-1 with R.E.Y. Engineers, Inc. in a form approved by the City Attorney to increase the contract amount from $616,948 to an amount not to exceed $707,182 for on-call engineering and design services for the Countryside Neighborhood Street Rehabilitation Project
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
First Amendment to Professional Services Agreement between Page 1 of 4 City of Rancho Cordova and R.E.Y. Engineers, Inc.
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND
R.E.Y. ENGINEERS, INC. FOR THE COUNTRYSIDE NEIGHBORHOOD STREET
REHABILITATION PROJECT
This First Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and R.E.Y. Engineers, Inc. (“Professional”) as of October 4, 2022. City and Professional are hereinafter collectively referred to as the "Parties."
RECITAL
S
WHEREAS, the Parties entered into a P
rofessional Services Agreement (“PSA”) No. 2021-
337, dated January 4, 2022, in the amount of $616,948 to the provide on-call engineering and design services for the Countryside Neighborhood Street Rehabilitation Project; and WHEREAS, the City wishes to update the scope of work to include services and compensation to perform additional utility location, engineering se rvices, survey monument preservation, and utility coordination for the Countryside Neighborhood Street Rehabi litation Project to increase safety and promote livability; and
WHEREAS, this Amendment No. 2021-337-1 includes additional tasks outlined in Exhibit “C” for the Professional to perform additional utility location, engineer ing services, survey monument preservation, and utility coordination for the Countryside Neighborhood Street Rehabilitation Project, and will increase the contract compensation amount from $616,948 to $707,182; and WHEREAS, the Parties agree that changes to the term and services provided for in the PSA are necessary in order for the City to continue receiving services by Professional.
NOW, THEREFORE , the Parties hereto agree as follows:
AGREEMENT
1. Section 2 of t
he PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed Six Hundred Sixteen Thousand, Nine Hu ndred Forty-Eight Dollars and No Cents ($616,948). The Parties agree to amend Section 2 of the PSA in order to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA is amended to read as follows:
"City hereby agrees to pay Professional a sum not to exceed Seven Hundred Seven Thousand, One Hundred Eighty-Two Dollars and No Cents ($707,182), notwithstanding any contrary indication t hat may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”
ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
First Amendment to Professional Services Agreement between Page 2 of 4 City of Rancho Cordova and R.E.Y. Engineers, Inc.
2. The attached Exhibit “C” is hereby added to the PSA which provides for additional services and compensation as specified therein
3. All other terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
4. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
5. Contract Administration. This Agreement shall be administered by Jesse Yabes ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
Notices. Any written notice to Professional shall be sent to:
James Fisher, PE, Principal
R.E.Y. Engineers, Inc.
905 Sutter Street, Suite 200
Folsom, CA 95630
Email Address (for Insurance Update Requests):
[email protected]
Any written notice to City shall be sent to:
Jesse Yabes
Public Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
jyabes
@cityofranchocordova.org
ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
First Amendment to Professional Services Agreement between Page 3 of 4 City of Rancho Cordova and R.E.Y. Engineers, Inc.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA
PROFESSIONAL
____________________________ ______________________________ Cyrus Abhar, City Manager James Fisher, Principal
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
First Amendment to Professional Services Agreement between Page 4 of 4 City of Rancho Cordova and R.E.Y. Engineers, Inc.
EXHIBIT C
ADDITIONAL SCOPE OF WORK AND COMPENSATION
ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
September 7th, 2022
Jesse Yabes
City of Rancho Cordova
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670 sent via email: [email protected]
Subject: Countryside Neighborhood Street Rehabilitation Project – Contract Amendment No. 1 Scope and Fee for Additional Utility Locating, Survey Monument Preservation and Additional Utility Coordination Services
Dear Mr. Yabes,
Thank you for the opportunity to work with the City of Rancho Cordova (City) on the Countryside Neighborhood Street Rehabilitation Project (Project). Below is an overview of the proposed scope of work for Contract Amendment No. 1:
Task I.14 – Utility Location (existing task)
The City has elected to expand the utility location efforts on this project to include eleven additional streets. During construction, over 0.10’ will be milled off of the surface of these streets causing a reduction in cover over the subsurface utilities. This additional utility location will include the electronic depths of the existing utilities and be used to determine if the remaining cover over the utility is sufficient to protect the utility in place during construction.
Task I.14 deliverables shall include paint marks delineating the horizontal alignment and electronic depths of all underground utilities within the selected roadways. A Google Earth (.KMZ) file will be provided with all of the located utilities and depths. R.E.Y. Engineers (R.E.Y.) will evaluate the utilities and integrate those deemed to be in conflict with the project into the Utility B and C Letters sent to the utility purveyors for relocation.
This work does not include survey data collection of the paint marks or integration of all marked utilities into the topographic survey.
Task I.15 – Topographic Survey and Base Map (existing task)
The actual effort spent on this task has exceeded our budgeted amount. During contract negotiations, R.E.Y.’s initial budget for this task was reduced from $127,119 to the currently budgeted amount of $105,427 without an accompanying scope reduction. While we do our best to estimate the extent of our delivery efforts and work within the desired budget, we could not produce a quality deliverable within the contract budget for this task. R.E.Y. is requesting that the City consider increasing the budget for this task back up to the originally estimated amount of $127,119.
Task I.16 – Survey Monument Preservation (new task)
The City has elected to expand the surveying efforts on this project to include survey monument preservation. On past projects, the City has placed this task with the contractor as a part of the construction contract, but during the detailed project site walks performed by R.E.Y. and the City, a large quantity of existing survey monumentation were observed.
Given the increased complexity and to ensure this task gets performed to the standards set by the California Business and Professions Code, the R.E.Y. Surveying Department will perform the subtasks as follows: Task Management, Office Research, and Field Verification.
Task management will include coordination and up to one meeting with the City to discuss the results of the monument research. Office Research will include research of the filed record parcel maps, final maps, record of surveys, corner records, and City of Rancho Cordova and/or Sacramento County vertical benchmarks in the City of Rancho Cordova to ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
determine the number of protected and non-protected monuments within the project area. Field Verification will include visually verifying in the field the number of protected and non-protected monuments within the project area. R.E.Y. will attempt to locate the monuments with a metal detector if said monuments are not visible from the surface. A report will be provided to the City reporting the actual number of protected and non-protected monuments and a Google Earth (.kmz) file will show the approximate location of the protected and non-protected monuments.
The tasks included with this amendment will not complete the survey monument preservation process, and subsequent tasks will be required to fully comply with the California Business and Professions Code. A GPS/GNSS field survey location (X, Y, and Z) and traffic safety plan are not included in this task. R.E.Y. will meet with the City to discuss the field verification results and discuss GNSS location options and required corner records or record of survey to be in compliance with California State Law. A separate scope and fee for the field GPS/GNSS location and corner records/record of survey will be provided after an accurate number of monuments is obtained and a work plan approach is agreed upon with the City.
Task II.9 – Utility Coordination (new task)
R.E.Y. is currently scoped to provide Utility A Letters to inform utility purveyors of the upcoming project and request system maps, Utility B Letters to inform utility purveyors of potential conflicts, and Utility C Letters summarizing the agreed upon conflict resolution plan. On other recent projects, R.E.Y. has performed coordination services with utility purveyors during construction, prepared and updated consolidated utility conflict maps for the construction team, and attended utility pre-construction and coordination meetings. For this task, R.E.Y. will perform similar coordination services beyond the original scope of work up to the time and materials fee shown on the attached fee document.
Thank you for your consideration of these additional project services. If you have any questions or comments, please don’t hesitate to contact me.
Sincerely,
Jim Fisher, PE, QSD/P
Attachments: Countryside Neighborhood Street Pavement Rehabilitation Project Contract Amendment 1 Fee Estimate ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
TASK DESCRIPTION
Assistant
Engineer - I
Associate
Engineer - III
Associate
Engineer - IV
Senior
Engineer - I
Principal
Manager - II
2-Person
Survey Crew
Senior
Technician - II
LiDAR
Technician - I
Principal
Surveyor - I
Principal
Surveyor - II
Billing Rate $112.00 $132.00 $142.00 $198.00 $283.00 $315.00 $155.00 $150.00 $268.00 $283.00 Task I.14 - Utility Location
1 42 0 8 32 $4,872 $18,194 $23,066
1.01 Utilit y Mark and Locate 44 8 $1,240 $18,194 $19,434
1.02 Analyze Results 12 4 16 $2,496 $2,496
1.03 Inte grate Information into Utility Letters 8 8 $1,136 $1,136 42 0 8 32 $4,872 $18,194 $23,066
1 8 16 40 40 12 116 $21,692 $21,692
1.01 Su pplemental Surveys 16 8 24 $7,304 $7,304
1.02 Extract LAS Data and Pre pare Base Map 8 40 40 4 92 $14,388 $14,388 8 16 40 40 12 116 $21,692 $21,692
1 8 18 26 $6,408 $6,408
1.01 Coordination 4 16 20 $5,080 $5,080
1.02 Monument Research Results Meetin g 4 2 6 $1,328 $1,328 2 8 36 44 $11,232 $11,232
2.01 Office Research 8 36 44 $11,232 $11,232
3 2 40 8 50 $15,140 $15,140
3.01 Field Verification 40 40 $12,600 $12,600
3.02 Field Verification Results Re port 2 8 10 $2,540 $2,540 18 40 62 120 $32,780 $32,780
1 40 24 8 72 $12,696 $12,696
1.01 Utilit y Coordination 40 24 8 72 $12,696 $12,696
40 24 8 72 $12,696 $12,696
TOTAL HOURS 4 8 60 50 8 56 40 40 62 12 340
TOTAL DOLLARS $448 $1,056 $8,520 $9,900 $2,264 $17,640 $6,200 $6,000 $16,616 $3,396 $72,040 $18,194 $90,234
SUBTOTAL
Task I.15 - Topographic Survey and Base Map
Topographic Survey and Base Map
Utility Location
Utility Coordination
Countryside Neighborhood
Street Pavement Rehabilitation Project
City of Rancho Cordova
Contract Amendment 1 Fee Estimate
September 7, 2022
Hours
Total
ODC's
Labor Cost
SUBTOTAL
Task I.16 - Survey Monument Preservation
SUBTOTAL
Task Management
Office Research
Field Verification
SUBTOTAL
Task II.9 - Utility Coordination
R.E.Y. Engineers, Inc.
ITEM 9.5.
ATTACHMENT 2
Contract No. 2021-337-1
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WASHINGTON
CARVER
A.M. WINN
ELEMENTARY
ABRAHAM
LINCOLN
ELEMENTARY
MATHER SPORTS
CENTER
COUNTRYSIDE PARK
LINCOLN
VILLAGE
COMMUNITY PARK
ATT ACHMENT: RC10 STREET REHABILIT ATIONATT ACHMENT: RC10 STREET REHABILIT ATION
PROJECT SITE MAPPROJECT SITE MAP
Legend
Curb Ramps
Parks & Rec (Large Scale)
Schools (Large Scale)
Pavement Condition
Very Good
Good
Poor
Very Poor/Failed ¯
01 ,000500 Feet
Document Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\MISCELLANEOUS\JESSE_YABES\RC10 Street Rehab\Pavement_Project_Exhibit.mxd ITEM 9.5.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.6.
DATE: October 3, 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 AMENDMENT NO. 2021-38-2 WITH R.E.Y. ENGINEERS, INC. TO INCREASE THE CONTRACT AMOUNT FROM $483,920 TO
AN AMOUNT NOT TO EXCEED $512,920 AND EXTEND THE
CONTRACT TO JUNE 30, 2023 FOR THE MILLS
RANCH/ROSSMOOR NEIGHBORHOOD STREET REHABILITATION
PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2021-38-2 to increase the contract amount from $483,920 to an amount not to exceed $512,920 and extend the contract term to June 30, 2023 for continued on-call engineering and design services with R.E.Y. Engineers, Inc. for Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project.
BACKGROUND
The Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project (Project) includes the Mills Ranch and Rossmoor neighborhoods. The Project area is located in the Rancho Cordova neighborhood bordered by Coloma Road, Chase Drive, Ambassador Drive, and McGregor Drive (see Attachment three for project area map). The Project includes an overlay of existing pavement to improve the road surfaces, sidewalk repairs and curb ramp upgrades to achieve compliance with the Americans with Disabilities Act, storm drain upgrades to improve flood protection and conveyance, and other incidental work as required.
On April 5, 2021, City Council approved Contract No. 2021-38 for R.E.Y. Engineers, Inc. to provide on-call engineering and design services for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project in an amount not to exceed $436,459. On November 1, 2021 the City Council approved Contract No. 2021-38-1 for R.E.Y. Engineers, to provide additional survey, field investigation and engineering services for the Project increasing the contract amount from $436,459 to $483,920.
City Council Staff Report - Page 2 of 2
The Project began construction in June 2022. During construction there have been additional field investigations, utility coordination and unforeseen conditions requiring additional services from the design engineer, R.E.Y. Engineers, Inc. Therefore, it is recommended to proceed with this contract amendment that will include scope of work to provide engineering services required during the Project construction. The proposed contract amendment number 2021-38- 2 proposes a $29,000 increase for a revised contract total of $512,920. In addition, it is recommended to update the term of the agreement to June 30, 2023 so the consultant can provide all the deliverables required under the agreement.
Construction began in June 2022 with anticipated completion in Spring 2023.
FISCAL IMPACT AND FUNDING SOURCE
Funding for this project will consist of Community Enhancement Funds, Measure R, Gas Tax, Road Maintenance and Rehabilitation Fund, Supplemental Transportation, Stormwater Enterprise Fund and Street Cut Fee. There is sufficient budget available to cover the costs of this contract amendment.
The project is included in the City's current approved Capital Improvement Plan and in the adopted 2021-2023 budget.
ATTACHMENT(S)
1. Resolution
2. Contract Amendment 2021-38-2
3. Project Area Map
ITEM 9.6. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-38-2 WITH R.E.Y. ENGINEERS, INC. TO INCREASE THE CONTRACT AMOUNT FROM $483,920 TO $512,920 AND EXTEND THE CONTRACT TERM TO JUNE 30, 2023 FOR THE MILLS RANCH/ROSSMOOR NEIGHBORHOOD STREET
REHABILITATION PROJECT
WHEREAS, the City entered into Contract No. 2021-38 with R.E.Y. Engineers, Inc. on April 5, 2021 in the amount of $436,459 to provide on-call engineering and design services for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project (Project); and
WHEREAS, the City entered into Contract Amendment No. 2021-38 with R.E.Y.
Engineers, Inc. on November 1, 2021 to perform additional survey, field investigation and engineering services for the Project and increased the contract compensation from $436,459 to $483,920; and
WHEREAS, during the Project construction the contractor has encountered unforeseen conditions that required R.E.Y. Engineers, Inc., the engineer of record, to perform additional field investigation, utility coordination, and engineering services to accurately respond to the field conditions; and
WHEREAS, the City wishes to increase the maximum compensation from $483,920 to an amount not to exceed $512,920 and extend the contract term to June 30, 2023 required to perform this additional work; and
WHEREAS, the services exceed the maximum amount the City Manager has authorization to approve; and
WHEREAS, there are sufficient funds budgeted to cover the cost of the contract.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorized the City Manager or his designee to execute Contract Amendment No. 2021-38-2 with R.E.Y. Engineers, Inc. in a form approved by the City Attorney to increase the contract amount from $483,920 to and amount not to exceed $512,920 and extend the contract term to June 30, 2023 for the on-call engineering and design services for the Mills Ranch/Rossmoor Street Rehabilitation Project.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ITEM 9.6. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
C ONTRACT NO. 2021-38-2
Second Amendment to Professional Services Agreement between Ci
ty of Rancho Cordova and R.E.Y. Engineers, Inc.
- 1 -
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF R
ANCHO CORDOVA AND R.E.Y ENGINNERS, INC. FOR
THE MILLS RANCH/ROSSMOOR NEIGHBORHOOD STREET REHABILITATION PROJECT This Second Amendment to the Agreement for Professional Services ("Second Amendment") is made by and between the City of Rancho Cordova (“City”) and R.E.Y. Engineers, Inc. (“Professional”) as of Oc
tober 3, 2022. City and Professional are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, the Parties entered into the First (“PSA”) No. 2021-38 dated April 5, 2021 in the amount of $436,549 to provide on-call civil engineering and design services for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project; and
WHEREAS, the Parties entered into the First Amendment to the PSA (“First Amendment”) No. 2021- 38-01 dated November 1, 2021 to perform the additional survey, field investigation and engineering services for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project and increased the contract compensation amount from $436,459 to $483,920; and WHEREAS, during the Project construction the contractor has encountered unforeseen conditions that required R.E.Y Engineers, Inc., the engineer of record, to perform additional field investigation, utility coordination, and engineering services to accurately respond to field conditions; and WHEREAS, the City wishes to update the scope of work to add the additional services and compensation for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project; and WHEREAS, this Amendment No. 2021-38-2 (“Second Amendment”) includes additional tasks outlined in Exhibit “D” for the Professional to perform additional field investigation and engineering services to accurately respond to field conditions for the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project and will increase the contract compensation amount from $483,920 to $512,920; and WHEREAS, this Second Amendment updates the Contract Term from December 31, 2022 to June 30, 2023 to allow for the Professional to complete all the deliverables in the Project scope of work; and WHEREAS, the Parties agree that changes to the term and services provided for in the PSA are necessary in order for the City to continue receiving services by Professional.
NOW, THEREFORE, the Parties hereby agree as follows:
AGREEMENT
1. The Parties agree to modify the scope of services to include the additional tasks outlined in Exhibit D. Section 1 of the PSA, “Services,” is amended to read as follows:
“Subject to the terms and conditions set forth in this agreement, Professional shall provide to City the services described in the Scope of Services attached as Exhibit A, Exhibit C and Exhibit D at the time and place and in the manner specified therein. In the event of ITEM 9.6.
ATTACHMENT 2
CONTRACT NO. 2021-38-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and R.E.Y. Engineers, Inc.
- 2 -
inconsistency between the terms of this Agreement and Exhibit A, Exhibit C, or Exhibit D, the Agreement shall prevail.”
2. Section 2 of the PSA and Amendment 1, "Compensation," provides for the City to pay Professional a sum not to exceed Four Hundred Eighty-Three Thousand Nine Hundred Twenty Dollars and No Cents ($483,920.00). The Parties agree to amend Section 2 of the PSA Amendment 1 in order to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA and Amendment 1 is amended to read as follows:
"City hereby agrees to pay Professional a sum not to exceed Five Hundred Twelve Thousand Nine Hundred Twenty Dollars and No Cents ($512,920), notwithstanding any contrary indication that may be contained in Professional's proposal, for services to be performed and reimbursable costs incurred under this Agreement."
3. The attached Exhibit “D” is hereby added to the PSA
which provides for additional services and
compensation as specified therein.
4. Section 1.1 of the PSA, “Terms of Services” provides for the Consultant to complete the services by December 31, 2022. The first sentence of Section 1.1 of the PSA is amended to read as follows:
“The term of this agreement shall begin on the date first noted above and shall end on June 30, 2023, the date of completion specified in Exhibit D.”
5. A ll other terms and conditions in the PSA shall remai n in full force and effect to the extent they are
not in conflict with this Amendment.
6 . The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
ITEM 9.6.
ATTACHMENT 2
CONTRACT NO. 2021-38-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and R.E.Y. Engineers, Inc.
- 3 -
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA
PROFESSIONAL
_______________________________
Cyrus Abhar, City Manager
Date: _______________
Attest:
_______________________________
Stacy Leitner, City Clerk
Date: _______________
Approved as to Form:
_______________________________
Adam Lindgren, City Attorney
Date: _______________
_______________________________
James Fisher, Principal
Date: ________________
Attachments:
Exhibit C
ITEM 9.6.
ATTACHMENT 2
CONTRACT NO. 2021-38-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and R.E.Y. Engineers, Inc.
- 4 -
EXHIBIT D
ADDITIONAL SCOPE OF WORK SERVICES AND COMPENSATION
Refer to the attached Proposal
5193100.1
ITEM 9.6.
ATTACHMENT 2
September 9th, 2022
Kristine Courdy
City of Rancho Cordova
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670 sent via email: [email protected]
Subject: Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project – Contract Amendment No. 2
Dear Ms. Courdy,
Thank you for the opportunity to work with the City of Rancho Cordova (City) on the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation (Project). During the proposal stage of a project, we do our best to estimate the extent of our delivery efforts. As projects get underway and evolve, our estimated effort transitions to actual effort spent. R.E.Y.
Engineers (R.E.Y.) has exceeded the budget assigned in the RC04 Neighborhood Street Rehabilitation Project professional services contract with the City of Rancho Cordova and Contract Amendment #1. Below is an overview of the additional work accounted for in Contract Amendment No. 2:
Phase II – Final Design
For multiple reasons, R.E.Y. exceeded the contract budget for the Final Design phase by $45,789.15. Several of the large contributions to this overrun are detailed below.
Increased Project Scope
As a result of lessons learned from the 2020 Neighborhood Street Rehabilitation – RC02 Project, for this project a detailed job walk was performed by the R.E.Y., the City project team, and the City storm drain team at the beginning of the project. During this detailed job walk, new areas of project scope were identified and later integrated into the construction documents. In conjunction with the improvements identified on the detailed job walk , throughout the life of the project the City did their due diligence in evaluating and adding improvements that would enhance the project for the community and maximize the City’s project funding. While we agree with this approach, R.E.Y. had not accounted for the additional work during the proposal phase. Examples of improvements that were added after the proposal phase include the replacement of damaged sidewalk, replacement of undersized drop inlets, replacement of undersized storm drain laterals and mains, vegetation clearing, sidewalk grinds, pavement edge and sidewalk remediation, improved striping and replacement of select roadside signs. The anticipated construction budget for this project during the proposal phase was $3.4M, while the awarded construction contract was over $8.2M.
Increased Detail
When estimating the effort to prepare the project plans, R.E.Y. used the previous 2020 Neighborhood Street Rehabilitation – RC02 Project plan set as a guide. Throughout the progression of the Mills Ranch/Rossmoor Neighborhood Street Rehabilitation Project, a significant amount of detail was added to the plan set. Examples of this additional detail include new/proposed utilities, additional curb ramp grades and crossing utility grades.
Utility Coordination
R.E.Y. was scoped to provide Utility A Letters to inform utility purveyors of the upcoming project and request system maps, Utility B Letters to inform utility purveyors of potential conflicts, and Utility C Letters summarizing the agreed upon conflict resolution plan. However, R.E.Y. has performed coordination services outside of the scope including coordination of construction schedules, preparing and updating consolidated utility conflict maps for the construction team, and organizing and attending utility coordination meetings.
ITEM 9.6.
ATTACHMENT 2
Phase III – Construction
Construction Engineering Support
Per the contract, R.E.Y. is scoped to provide construction engineering support services up to the contract amount of $15,000.00. We have since exceeded that budget by $3,610.00 and are continuing to provide support for the construction team.
While R.E.Y. has exceeded the contract budget in the tasks listed above, we have also found efficiencies in other areas throughout the project which has lessened the impact of the overruns. To date, R.E.Y. has exceeded the total contract budget by $41,564.44. In an effort to partner with the City, we are only requesting that $29,000.00 be added to our current total contract amount of $483,920.00; amending it to a new total of $512,920.00. We anticipate that R.E.Y. will continue to provide construction engineering support services to the total amount of $35,045.56; making the requested $29,000.00 a 50/50 split shared cost between R.E.Y. and the City.
In addition to the requests above, R.E.Y. requests that the terms of our contract be extended to June 30 th, 2023 to allow
adequate time to complete all of the required deliverables.
Thank you for your consideration of these additional project services. If you have any questions or comments, please don’t hesitate to contact me.
Sincerely,
Jim Fisher, PE, QSD/P
ITEM 9.6.
ATTACHMENT 2
CHASE DR.
AMBASSADOR DR.
AMBASSADOR DR.
TRAILS CT.
RIVER TRAILS CIR.
GEORGETOWN DR.
WOODCLIFF WAY
PECAN GROVE
WAY
MILLS RANCH
WAY
HOMERANCH CT.
APPLERANCHWAY
WOOD
BRIDGE
WAY
WARRENTON DR.
APPLE
GROVE
WAY
PALMWOOD CT.
GREENBLOSSOM CT.
APPLEORCHARD CT.
RIVER EDGE WAY
RIVER WOOD WAY
STARRLYN
WAY
DANBURY WAY
RUGBY CT.
ROSE HILL
CT.
GEORGETOWN
DR.
RED BROOK
WAY
ELLISON DR.
BRONWOOD WAY
FARNSWORTH WAY
ROSSMOOR DR.
MARYVALE WAY
VALLEY VIEW DR.
ROSSMOOR DR.
AVERELL CT.
PANTAGES CIR.
MCGREGOR DR.
COLOMA ROAD
COLOMA ROAD
COLOMA ROAD
(N. FRONTAGE)
125'
SCALE IN FEET
0250'500'
MILLS RANCH/ ROSSMOOR NEIGHBORHOOD STREET REHABILITATION PROJECTMILLS RANCH/ ROSSMOOR NEIGHBORHOOD STREET REHABILITATION PROJECT (916) 366-3040 Fax (916) 366-3303
905 Sutter Street Suite 200 Folsom CA 95630
Civil Engineers | Land Surveyors | LiDAR
R. E. Y. ENGINEERS, Inc.
COMPTON
CT.
HOLLYDALE
WAY
BLACKSTONE
WAY
GLENEYRE
CT.
RIVER VISTA
WAY
STUDARUS DR.
SPORTSMAN
CT.
GAYWOOD DR.
W. WOOD
CT.WALNUT
GROVE
WAY
COLOMA ROAD
(S. FRONTAGE)
ROADWAY TREATMENT EXHIBIT
OCTOBER 7th, 2021
CITY OF RANCHO CORDOVA
LEGEND
PRESERVATION ROAD
REHABILITATION ROAD
RECONSTRUCTION ROAD
ITEM 9.6.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.7.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Amanda Norton, Economic Development Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-218 WITH THE RANCHO CORDOVA AREA
CHAMBER OF COMMERCE IN AN AMOUNT NOT TO EXCEED
$665,000 FOR BUSINESS RETENTION SERVICES
RECOMMENDATION
Adopt the Resolution
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to Execute Contract No. 2022- 218 with the Rancho Cordova Area Chamber of Commerce, in an amount not to exceed $665,000 for business retention services.
BACKGROUND
In the fall of 2016, City staff presented Council with a five-year strategic plan. The strategy is designed to be broad enough to capture a changing business market. The strategy is laid out by the primary functions of the Department. There are four main functions: business attraction, business retention and expansion, network-building, marketing and visibility, and areas of collaboration.
Continuing the work of the strategy, the Economic Development Department received City Council approval for the 2019/2020 Action Plan in the Fall of 2019. As part of the Action Plan, a contract was executed with the Rancho Cordova Chamber of Commerce. The main focus of Agreement No. 2022 - 218 is assistance with business retention efforts, the RCity Shop Local app, providing micro grants to small businesses, and providing assistance to businesses as they navigate the impacts of the COVID-19 pandemic.
As the community continues to recover from the impact of the pandemic on the City’s business community, especially those businesses in the service and hospitality industries, the Economic Development Department and Rancho Cordova Chamber of Commerce have expanded the Scope of Services to continue to support existing businesses and to help them succeed. The proposed Agreement No. 2022-218 will continue and expand the work proposed in the original contract. The Rancho Cordova Chamber of Commerce is partnering with the Asian Chamber and bringing the Minority Business Assistance & Recovery Kickstart (MBARK)
City Council Staff Report - Page 2 of 2
program to Rancho Cordova. The focus of the program is to work one-on-one with small businesses and provide technical assistance in a variety of languages. The Rancho Cordova Chamber will also continue the work to on-board businesses into the RCity app, assist with fraud and scam prevention, and post-COVID protocols and legislative mandates. Other work to be completed by the Chamber includes:
Economic Gardening
o Recruit five candidates for the first and second Economic Gardening cohort o Coordinate with the Economic Gardening program
o Manage & facilitate + additional hours of 1:1 service o Specialized instruction in two key subject matter areas o Economic Gardening 2.0 (includes grants upon completion) for the first and second cohorts
MBARK Cohort Project
o Identify and recruit the first and second cohorts
o Intensive technical assistance series focused on business growth o Marketing/Outreach/Communications
o Business stipends
o Data collection, analysis, and tracking
o Program administration
Workforce – Business Needs Identification Task Force
o It is essential to ensure and confirm that the classes, skills, and curriculum of our community workforce development programs and established educational institutions directly reflect the needs of our business community. The Chamber will bring representatives from a range of industries to identify the skills and abilities required to meet current and future employee needs at a core level. The results of this assessment will be presented to our educational and training partners with the expectation that these programs are in place or can be established to meet the identified needs.
RCity App
o Grow and continue aggressive marketing campaigns focusing on the three audiences engaged with the program. Each audience should be approached independently and utilize tools most appropriate to each. A specific target will be the development of in-language elements.
FISCAL IMPACT AND FUNDING SOURCE
Funding for Contract 2022-218 with the Rancho Cordova Chamber of Commerce will come from the American Rescue Plan Act ( ARPA) Funding.
ATTACHMENT(S)
1. Resolution
ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT NO.2022- 218 WITH THE RANCHO CORDOVA AREA CHAMBER OF COMMERCE IN AN AMOUNT NOT TO EXCEED $665,000 FOR BUSINESS RENTENTION SERVICES FOR FISCAL YEAR 2022-2023
WHEREAS, the City of Rancho Cordova ( the "City") wishes to contract with the rancho Cordova Area chamber of Commerce (the "Chamber") for business retention services for fiscal year 2022-2023; and
WHEREAS, the City would like to enter into a new Professional Services Agreement 2022-218 ( the "Agreement") with the Chamber, in an amount not to exceed $665,000 to assist the business community to continue its recovery from the COVIC-19 pandemic; and
WHEREAS, the City and the Chamber have negotiated the Agreement substantially in the form on file with the City Clerk that sets forth the requirements for the Chambers' services; and
WHEREAS, there are sufficient funds budgeted to cover the costs of the Agreement; and
WHEREAS, the Agreement is in the best interest of City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-218 with the Rancho Cordova Area Chamber of Commerce, in a form approved by the City Attorney, and to execute all other documents and to take such actions as necessary to carry out the intent of this resolution.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.8.
DATE: October 3, 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 RIO DEL ORO EAST LARGE LOT MAP, SUBDIVISION NO. FM-2020-003-01, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-
205 WITH AEROJET ROCKETDYNE, INC.
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City to enter into Subdivision Improvement Agreement Contract No. 2022-205 (Attachment 2) guaranteeing the construction of public roads and utilities with Aerojet Rocketdyne, Inc, and the recording of the final subdivision map creating 67 private future development lots, 10 park lots, 5 school lots, and 15 miscellaneous lots located south of White Rock Road, north of Douglas Road, east and west of the extension 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 Large Lot Tentative Map on August 29, 2016. A Development Agreement was entered on September 20, 2010. A copy of the final map (Attachment 3) and copy of the vicinity map (Attachment 4) are included with this letter.
Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision.
There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Subdivision Improvement Agreement Contract No. 2022-205
3. Final Map Rio Del Oro East
4. Vicinity Map Rio Del Oro East
ITEM 9.8. 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 RIO DEL ORO EAST LARGE LOT MAP, SUBDIVISION NO. FM-2020-003-01, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-205 WITH AEROJET ROCKETDYNE, INC.
WHEREAS, the City Council approved the Large Lot Tentative Map on August 29, 2016 per Resolution No. 107-2016; and
WHEREAS, the map is in substantial compliance with the approved tentative map; 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 the final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15269(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 THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Rio Del Oro East Large Lot Map, Subdivision No. FM-2020-003-01 and does authorize the City Manager to execute Subdivision Improvement Agreement 2022-205 with Aerojet Rocketdyne, Inc. in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 9.8.
ATTACHMENT 2
ITEM 9.8.
ATTACHMENT 2
ITEM 9.8.
ATTACHMENT 2
ITEM 9.8.
ATTACHMENT 2
ITEM 9.8.
ATTACHMENT 2
ITEM 9.8.
ATTACHMENT 2
OWNER'S STATEMENT
THE UNDERSIGNED HEREBY CONSENTS TO THE PREPARATION AND RECORDING OF THIS FINAL MAP.
SUBJECT TO THE RESERVATIONS SET FORTH BELOW, THE UNDERSIGNED PURSUANT TO THE PROVISIONS OF SECTION 7050 OF THE GOVERNMENT
CODE IRREVOCABLY OFFERS FOR DEDICATION TO THE CITY OF RANCHO
CORDOVA FOR ANY PUBLIC PURPOSE THE RIGHT OF WAY ON, OVER, ACROSS
AND UNDER THE STRIPS OF LAND SHOWN HEREON AND DESIGNATED AS "IRREVOCABLE OFFER OF DEDICATION" (IOD), AND ALSO IRREVOCABLY OFFERS FOR DEDICATION 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 SHOWN HEREON AND DESIGNATED "PUBLIC UTILITY EASEMENT" (PUE).
2. EASEMENT FOR PLANTING AND MAINTAINING TREES, ELECTROLIERS,
TRAFFIC CONTROL DEVICES, WATER AND GAS PIPES, OVERHEAD 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 SHOWN HEREON ADJACENT TO INTERNATIONAL DRIVE AND
AMERICANOS BOULEVARD AND DESIGNATED "PUBLIC UTILITY EASEMENT" (PUE)
3. EASEMENTS FOR LANDSCAPING AND ALL APPURTENANCES PERTAINING
THERETO LYING ON, OVER AND ACROSS THOSE STRIPS OF LAND SHOWN HEREON AND DESIGNATED "LANDSCAPING EASEMENT" (LE) SAID STRIPS TO BE KEPT OPEN AND FREE FROM BUILDINGS. THE MAINTENANCE AND
REPLANTING OF THE LANDSCAPE STRIP SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER.
4. RIGHT OF WAYS AND EASEMENTS FOR THE INSTALLATION AND
MAINTENANCE OF A PEDESTRIAN WALKWAY, TOGETHER WITH ANY AND ALL
APPURTENANCES PERTAINING THERETO ON, OVER, UNDER AND ACROSS THOSE STRIPS OF LAND SHOWN HEREON AND DESIGNATED "PEDESTRIAN EASEMENT" (PE). THE MAINTENANCE AND REPAIR OF THE WALKWAY SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER.
THE UNDERSIGNED RESERVES AND RETAINS FROM THE IOD, THE PUE, THE
LE AND THE PE, THE RIGHT TO INSTALL, OPERATE, AND MAINTAIN
INFRASTRUCTURE, UTILITIES AND APPURTENANCES WITHIN THE IOD, THE PUE,
THE LE AND THE PE FOR MANAGEMENT AND REMEDIATION OF CONTAMINATED
MEDIA (SOIL, SOIL VAPOR, SURFACE WATER, GROUNDWATER, SEDIMENT)
INCLUDING THE RIGHT TO EXTRACT, TREAT AND MANAGE SUCH MEDIA AND
RIGHTS OF ACCESS TO INSPECT AND MONITOR SUCH REMEDIATION (INCLUDING RIGHT TO GRANT SUCH ACCESS RIGHTS TO THIRD PARTIES ENGAGED IN REMEDIATION ACTIVITIES AND/OR OVERSIGHT).
AEROJET-GENERAL CORPORATION
AN OHIO CORPORATION
BY:
NAME:
TITLE:
rrHE LOTS DEPICTED ON THIS MAP ARE NOT DEVELOPABLE BUILDING SITES. rrHESE LOTS MAY ONLY BE DEVELOPED UPON APPROVAL OF FURTHER
SUBDIVISION MAPS OR OTHER DISCRETIONARY ENTITLEMENTS THEREFORE BY rrHE CITY OF RANCHO CORDOVA.
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 AT THE REQUEST OF AEROJET-GENERAL CORPORATION, IN JANUARY, 2020. 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 SEPTEMBER 30, 2024 AND THAT THE MONUMENTS ARE, OR WILL
BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS
FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.
WOOD RODGERS, INC.
.�-·
P.L.S. 9554
NOTARY'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CAUfORNIA
�COUNTY OF � ... _=::l'::4,..,0"""°'�==3��-) ss )
____ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMEts) IS/� SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SI IE/Tll!.:Y EXECUTED THE SAME IN HIS/14:R/TI IE-IR AUTHORIZED CAPACITY(tES), AND THAT BY HIS/1 IER/TI IEIR SIGNATURE(-S.) ON THE INSTRUMENT THE PERSON�). 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 CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORR -----"'--- PRINTED NAME: �...i:l'.:U..�.U:UJLL..��g�f,,,J!:�L_----=--- MY PRINCIPAL PL.A.� O F BUSINESS _ruN THE
COUNTY OF: �
QD,�QN1\)
MY COMMISSION EXPIRES: �t"\,.\� �\".)'ci\o
MY COMMISSION No.: c,__,�"""--..,_:)..........,&:_:\---L>ou""-------------
CIIT ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF RIO DEL ORO EAST
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: _________ _
CIIT SURVEYOR'S STATEMENT
I HEREBY STATE THAT I AM SATISFIED THAT SAID FINAL MAP IS TECHNICALLY CORRECT.
LAND SURVEYOR, CYRUS E. ABHAR, P.L.S. 7723
DATED: _________ _
CIIT CLERK'S STATEMENT
I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HAS
APPROVED THIS FINAL MAP OF RIO DEL ORO EAST AND CONSENTS TO THE
IRREVOCABLE OFFERS OF DEDICATION OFFERED HERON AND RESERVES THE RIGHT
TO ACCEPT AT A LATER DATE ON BEHALF OF THE PUBLIC ALL EASEMENTS AND RIGHTS-OF -WAY.
BY:
CITY CLERK
CITY OF RANCHO CORDOVA
DATED:
RECORDER'S STATEMENT
FILED THIS ___ __,DAY 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
BY: __________ _
DEPUTY RECORDER
DOCUMENT NO.: ______ _
FEE: $ _____ _
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
BEING A PORTION OF RANCHO RIO DE LOS AMERICAN OS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA � SEPTEMBER 2022
WOOO ROOGE::RS
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 CS T, BLDG. 10□-B TEL 916.341.776□
SACRAMENT□, CA 95B l 6 FAX g l 6.341 .7767
Sheet 1 of 22
1032.069
ITEM 9.8.
ATTACHMENT 3
LEGEND
NOTES (CONTINUED)
BASIS OF BEARINGS
CURVE TABLE: BOUNDARY SHEETLINE TABLE: BOUNDARY SHEET 2 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
MONUMENT NOTES:
6 NOTES
ITEM 9.8.
ATTACHMENT 3
SECURITY PARK
55 PM 29
55 PM 30
PARCEL 21
55 PM 30
NAPOTS
SEE SHEET 18
SMUD
940623 OR 1413
NAPOTS
SEE SHEET 7
3 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
REFERENCES:
DETAIL 'A'
NTS
DETAIL 'B'
NTS
SEE DETAIL 'A' THIS SHEET SEE DETAIL 'B'
THIS SHEET
4 5 6
7 89
10 11
12 15
13 14
16 17
18 19
ITEM 9.8.
ATTACHMENT 3
SEE SHEET 5
4 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 5
SEE SHEET 9
SEE SHEET 9
SEE SHEET 10
DETAIL NTS
DETAIL NTS
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
5 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 6
SEE SHEET 7
SEE SHEET 8
SEE SHEET 9
SEE SHEET 4 SEE SHEET 4
SEE SHEET 8
DETAIL NTS
DETAIL NTS
DETAIL NTS
DETAIL NTS
DETAIL 'A': NTS
SEE DETAIL 'A'
(THIS SHEET)
ITEM 9.8.
ATTACHMENT 3
6 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 5
SEE SHEET 5
SEE SHEET 7
SEE SHEET 7
SEE SHEET 7
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
7 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 13SEE SHEET 13
SEE SHEET 8
SEE SHEET 8 SEE SHEET 5
SEE SHEET 6 SEE SHEET 6
SMUD
940623 OR 1413
NAPOTS
DETAIL NTS
DETAIL NTS
DETAIL NTS
SEE SHEET 13
ITEM 9.8.
ATTACHMENT 3
8 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 13
SEE SHEET 12
SEE SHEET 12
SEE SHEET 9
SEE SHEET 5
SEE SHEET 5
SEE SHEET 7
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
10 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 4
SEE SHEET 9
SEE SHEET 9
SEE SHEET 11
SEE SHEET 11
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
9 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 12
SEE SHEET 8
SEE SHEET 5
SEE SHEET 5
SEE SHEET 4
SEE SHEET 11
SEE SHEET 10
SEE SHEET 10
ITEM 9.8.
ATTACHMENT 3
11 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 15
SEE SHEET 12
SEE SHEET 9
SEE SHEET 10
DETAIL NTS
SEE DETAIL ON
SHEET 15
ITEM 9.8.
ATTACHMENT 3
12 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 9
SEE SHEET 11
SEE SHEET 15
SEE SHEET 15
SEE SHEET 15
SEE SHEET 8
SEE SHEET 13
ITEM 9.8.
ATTACHMENT 3
13 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 14
SEE SHEET 14
SEE SHEET 12
SEE SHEET 8
SEE SHEET 7SEE SHEET 7
SEE SHEET 15
DETAIL NTS
DETAIL NTS
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
14 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 13
SEE SHEET 13
SEE SHEET 17
SEE SHEET 15
SEE SHEET 16
SEE SHEET 17
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
15 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 16
SEE SHEET 16
SEE SHEET 11
SEE SHEET 12 SEE SHEET 12
SEE SHEET 14
DETAIL NTS
DETAIL NTS
ITEM 9.8.
ATTACHMENT 3
16 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 15 SEE SHEET 15
SEE SHEET 14
SEE SHEET 19
DETAIL NTS
SEE SHEET 17
ITEM 9.8.
ATTACHMENT 3
17 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 14
SEE SHEET 14
SEE SHEET 18
ITEM 9.8.
ATTACHMENT 3
18Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 17SEE SHEET 17
SEE SHEET 19
SEE DETAIL 'B'
THIS SHEET
SHEET 18 OF 22
DETAIL 'A'
NTS
SEE DETAIL 'A'
THIS SHEET
DETAIL 'B'
NTS
ITEM 9.8.
ATTACHMENT 3
19Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
SEE SHEET 18
SEE SHEET 16
DETAIL NTS
DETAIL NTS
SHEET 19 OF 22
ITEM 9.8.
ATTACHMENT 3
AB
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940623 OR 1413
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Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
20 DD
EE
FF
GG
HH
II
ITEM 9.8.
ATTACHMENT 3
NOTES:
ADDITIONAL INFORMATION SHEET
Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
21 ITEM 9.8.
ATTACHMENT 3
NOTES:
ADDITIONAL INFORMATION SHEET
22 Sheet of 22
BEING A PORTION OF RANCHO RIO DE LOS AMERICANOS
LYING WITHIN A PORTION OF PROJECTED SECTIONS 32, 33 & 34, T. 9 N., R. 7 E., AND A PORTION OF PROJECTED SECTIONS 3, 4, 5, 8, 9 & 10, T. 8 N., R. 7 E., M.D.B.&M.
CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
LARGE LOT FINAL MAP OF
RIO DEL ORO EAST
SUBDIVISION NO. FM-2020-003-01
SEPTEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
ITEM 9.8.
ATTACHMENT 3
DOUGLAS RD
WHITE ROCK RD
GRANT LINE RD
SUNRISE BLVD
AMERIC
AN
OS
BLVD
£¤50
JACKSON RD
GR
ANT
LINE RD
DOUGLAS RD
¯
Aerial Photo Date: March 2018
LOCATION MAP
Path: X:\GIS_Staf
f\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\Subdivision_Vicinity_Maps\Pro_Project\Subdivision_Vicinity_Maps.aprx | Date: 2/10/2022 DETAIL
AREA
VICINITY MAP OF
RIO DEL ORO EAST
0 ¼ ½
Miles
ITEM 9.8.
ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.9.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION DECLARING THE RESULTS OF A MAIL BALLOT
ELECTION RELATING TO THE IMPOSITION OF THE ANNUAL
STORMWATER UTILITY FEE FOR THE STONE CREEK VILLAGE
PROJECT IN THE CITY OF RANCHO CORDOVA
RECOMMENDATION
Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the Stone Creek Village project.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would declare the results of the ballot tabulation in connection with the imposition of the annual Stormwater Utility Fee for the Stone Creek Village project. Since majority approval exists, the City Council may impose the annual Stormwater Utility Fee on the Stone Creek Village project pursuant to the Fee Ordinance.
BACKGROUND
The City Council previously adopted a Resolution on July 18, 2022 declaring its intention to impose the annual Stormwater Utility Fee (“Fee”) pursuant to Ordinance No. 7-2014 on the Stone Creek Village project. A protest hearing was conducted on August 1, 2022, at which time no written protest was received from the property owners representing a majority of the parcels subject to the Fee. Council then adopted a Resolution authorizing the mailing of property owner ballots for the purpose of submitting the Fee to a vote of the owners, subject to the Fee.
The Clerk has tabulated the ballots returned by the property owner for the Stone Creek Village project. The majority vote of the owners of the parcels approved imposing the annual Fee on the Stone Creek Village project pursuant to the Ordinance. The Council action tonight is to adopt the Resolution declaring the results of the mail ballot election.
FISCAL IMPACT AND FUNDING SOURCE
There is no impact to the City’s General Fund.
ATTACHMENT(S)
1. Resolution
City Council Staff Report - Page 2 of 2
2. Exhibit A to the Resolution
3. Exhibit B to the Resolution
ITEM 9.9. 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, DECLARING THE RESULTS OF A MAIL BALLOT ELECTION RELATING
TO THE IMPOSITION OF THE ANNUAL STORMWATER UTILITY FEE FOR THE STONE
CREEK VILLAGE PROJECT IN THE CITY OF RANCHO CORDOVA
WHEREAS, on July 18, 2022, the City Council adopted a Resolution declaring its intention to impose the Annual Stormwater Utility Fee (“Fee”) for a portion of the Ranch project; and
WHEREAS, Article XIII D of the California Constitution (Proposition 218) requires the City to follow certain procedural and substantive requirements relating to the imposition of property- related fees and charges (as defined in Proposition 218); and
WHEREAS, the City has determined that the Fee is a property related fee, subject to the provisions of Proposition 218; and
WHEREAS, before imposing the Fee, the City Council is required to hold a noticed public hearing on a written report (the "Written Report") containing a description of each parcel of real property within the City to which the Fee is applicable and the amount of the Fee for each such parcel for Fiscal Year 2022-2023 and to consider protests to the Fee and, if a majority protest is not received at the public hearing, the Council must submit the question of the imposition of the Fee to a vote of the owners of the property subject to the proposed Fee for approval before the proposed Fee may be levied; and
WHEREAS, in accordance with Proposition 218 the City Council held a duly noticed public hearing on the matter of the Written Report and the proposed Fee on August 1, 2022 and took testimony, both written and oral; and
WHEREAS, having determined a written protest was not received from property owners representing a majority of the parcels subject to the Fee, the City Council adopted a Resolution authorizing the mailing of the property owner ballots (the “Ballot Measure”) for the purpose of submitting the Fee to a vote of the owners of parcels subject to the Fee, and subject to approval by a majority vote of the owners of parcel subject to the Fee; and
WHEREAS, pursuant to the terms of Ordinance No. 7-2014 and the unanimous consent of the property owner, the Property Owner Balloting was conducted and completed, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Ballot Return in Connection with the Proposed Stormwater Utility Fee (the "Certificate"), a copy of which is attached hereto as Exhibit B and by this reference incorporated herein.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:
1. The above recitals are true and correct.
2. The Certificate is hereby accepted into the records of the City.
3. The Ballot Measure is authorized as set forth in Exhibit A attached hereto and by this
ITEM 9.9. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 reference incorporated herein.
4. The results of the Ballot Measure are as set forth in the Certificate on file with the City Clerk and attached to this Resolution as Exhibit B ("Certificate").
5. The City Clerk is authorized to declare the results of the mail ballot election relating to the imposition of the Stormwater Utility fee on the Stone Creek Village project.
6. Pursuant to said Certificate, the Ballot Measure submitted was approved by a majority vote of the owner of parcels subject to the Fee, the Fee is hereby imposed pursuant to Ordinance No. 7-2014 on the project.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 9.9.
ATTACHMENT 2
Exhibit A to the Resolution
EXHIBIT B
CERTIFICATE OF THE CITY CLERK AS TO
THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
IN CONNECTION WITH THE PROPOSED STORMWATER UTILITY FEE
IN THE CITY OF RANCHO CORDOVA
I, Stacy Leitner, City Clerk of the City of Rancho Cordova, hereby certify that I canvassed the returns of the election in connection with the imposition of an annual stormwater utility fee that the day for the return of mailed ballot, September 6, 2022. The election was concluded on that date and that the total number of ballots cast in said election and the total number of votes cast for and against the ballot measure, as specified below, are full, true and correct.
Total of Ballots Received:
Total "Yes" Ballots:
Total "No" Ballots: .,6'
lerk
Project: Stone Creek Village
ITEM 9.9.
ATTACHMENT 3
Exhibit B to the Resolution
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 10.1.
DATE: October 3, 2022
TO: Honorable Mayor and Council Members
FROM: Stefan Heisler, Housing Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA, AUTHORIZING THE APPLICATION AND ADOPTING THE
PLHA PLAN FOR THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would adopt the 2019-2023 Permanent Local Housing Allocation (PLHA) Plan and authorize the City Manager to submit an application to the noncompetitive PLHA entitlement program for $1,712,196 over the 2019-2023 five-year period for affordable housing development projects.
BACKGROUND
In 2017, Governor Brown signed a housing package of 15 bills including the Building Homes and Jobs Act (SB 2, 2017), which establishes a $75 recording fee on real estate documents, to increase the supply of affordable homes in California. Fifty percent of the year 1 funds were dedicated to a State-Administered Planning Grant Program, which the City applied for and received in 2019. Beginning in calendar year 2019, 70 percent of moneys collected are allocated to local governments through the PLHA program for eligible housing and homelessness activities as an on-going source of funding.
SB-2 requires the Department of Housing and Community Development to allocate 90 percent of PLHA funds available to local governments based on the federal Community Development Block Grant formula. The City of Rancho Cordova is projected to receive approximately $1,712,196 over the 2019-2023 five-year period.
The PLHA program requires local jurisdictions to adopt, by resolution, a five-year funding plan specifying which eligible uses the funding will be used for at a public hearing and also requires a Council resolution authorizing application for entitlement funding. A Council resolution is required for any changes to the Plan greater than 10% of the five-year funding amount.
Eligible actions are limited to 10 options that variously provide funding for rental or for-sale
City Council Staff Report - Page 2 of 2
affordable housing for households earning up to 120% of the area median income. For simplicity sake, the proposed PLHA plan selects only one (1) of these activities. The recommended activity, 301(a)(1), broadly encompasses a wide range of activities that are all consistent with the City’s Housing Element and Council direction on current projects. Due to the relatively small amount of funding available it is reasonable to expect that a single local development project will easily utilize the full amount of PLHA funding over this five-year period.
Action 1 - §301(a)(1) Allows the City to provide funding for predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies.
FISCAL IMPACT AND FUNDING SOURCE
There is minimal fiscal impact, limited to a small amount of Staff time to prepare the application and manage the grant.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution - DRAFT PLHA Plan
3. 2022 PLHA Formula Application
ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 3
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
WHEREAS, a necessary quorum and a majority of the Council members of the City of Rancho Cordova hereby consents to, adopts, and ratifies this resolution; and WHEREAS, the Department is authorized to provide up to $335 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the City of Rancho Cordova (the “Applicant”) is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY
OF RANCHO CORDOVA
SECTION 1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
SECTION 2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA dated 8/17/2022 in accordance with all applicable rules and laws.
SECTION 3. The City shall be subject to the terms and conditions as specified in the NOFA and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement.
Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, The City Council hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.
ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 3
SECTION 4. The City shall be subject to the terms and conditions as specified in the NOFA and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement.
Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, The City Council hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.
SECTION 5. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan (Exhibit A) for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan (Exhibit A) and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
SECTION 6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local government may delegate its PLHA allocation.
SECTION 7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
SECTION 8. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
SECTION 9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).
SECTION 10. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.
SECTION 11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
SECTION 12. The City Manager, or his or her designee, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of October 2022 by following vote:
ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2022 Page 3 of 3 AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
PLHA Draft Application
Draft 302(c)(4) Plan
7/18/2022
Eligible Applicant Type Entitlement
Local Government Recipient of PLHA Formula
Allocation
City of Rancho Cordova
5-year Allocation Period FY 2019/2020 – FY 2023/2024
Approximate 5-year Allocation $1,712,196
Year One Allocation $285,366
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
Over the next 5 years, the City of Rancho Cordova will use the PLHA funds to expand and enhance the access to and number of affordable housing units within the City of Rancho Cordova through the following eligible activities. The funding will be used as gap financing for the development of new affordable housing projects and permanent supportive Housing Units within the City limits of Rancho Cordova.
A
pplication Request for five-year period:
• $1,712,196 - 301(a)(1) - The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households. o Over the course of the 5 years, it is projected that the City will create a minimum of 50 units with 40 units dedicated to households earning 60% Area Median Income (AMI) or less.
T
he First Annual Allocation is $285,366. Annual Allocations over the 5-year period will average approximately $342,439
• $285,366 - 301(a)(1) - The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households. o This first-year allocation will result in a minimum of 5 units under 120% AMI with a minimum of 3 units being available to individuals at or below 60% AMI §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income.
The City will partner with local affordable housing developers by competitively awarding PLHA funds through the issuance of Request for Proposals (RFP). The City will prioritize investments that increase the supply of housing for households with incomes from 60% to 120% of the AMI. When issuing RFPs for affordable housing projects under this category, the City may award bonus points for project proposals intended to serve households below 60% AMI.
Action 1 - §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for each proposed Affordable Rental Housing Activity.
PLHA funds in this category will be allocated for the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low, or moderate-income households. This allocation will be made ITEM 10.1.
ATTACHMENT 2
Exhibit A to the Resolution