The various other robots are used depending on the task and environment. Some are faster and capable of climbing over debris. Some are smaller or have different types of cameras that may be more suitable to a particular environment. The Dragonrunner is a small and fast robot compared to the Andros. It can go places the larger robot cannot, such as under cars to search for or examine explosive devices.
Frequency of Use:
Remotec Andros F6A Robot: 30-40 times per year
PackBot 510: 5 times per year
Qinetic Dragonrunner Robot: 10-20 times per year
Robotex Avatar Tactical Robot: 10-15 times per year
Justification:
Robots are used in place of a person when practical to safely accomplish a task without putting a person in harm’s way. They can open doors, look at things, manipulate or move items. They can deliver equipment, provide communication, and aid in de-escalation. Often the only alternative to using a robot is to put an officer or bomb technician, or tactical personnel, in great jeopardy to accomplish a task that could be safely performed with a robot.
• Detonating Cord
• Blasting Cap
A blasting cap is a small, sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as PETN.
Detonating cord is a thin flexible tube containing a secondary explosive like PETN. In energetic breaching, detonating cord is used to craft categorized charges to defeat specific targets like doors, windows, or walls.
Detonating cord and blasting caps are commercial explosive products that can be used to craft energetic breaching charges. These charges may only be used by specially trained Explosive Ordnance Disposal (EOD) and Special Enforcement Detail (SED) team members to safely gain entry into a structure.
Energetic breaching is only used in extreme circumstances such as a hostage rescue or active shooter scenario.
Frequency of Use:
Specially trained EOD and SED team members train in energetic breaching at least twice a year.
Operationally, energetic breaching is used in extreme circumstances like the 2010 Arden Way hostage crisis.
-Used twice operationally in the last 12 years.
ITEM 16.4.
ATTACHMENT 5
Justification:
Energetic breaching is used in extreme circumstances when there is either no alternative or no desirable alternative to safely gain entry into a structure. It may also be used as a distraction or a means of gaining an alternate entry point when it is reasonably safe to do so. Energetic breaching requires specially trained EOD Bomb Technicians or SED Breachers. Energetic breaching may only occur with the authorization of an Incident Commander, Tactical Commander, primarily in exigent, life-threatening circumstances when deadly force would be authorized.
An example of a situation that could require an energetic breach would be an active shooter who must be engaged immediately, but is inside a reinforced structure that cannot be quickly, effectively, or safely breached in any other manner, as was the case for the use of energetic breaching in the Las Vegas Route 91 shooting incident in which it was the only means tactical personnel were able to force entry into the suspects hotel room. Energetic breaching is frequently utilized by tactical teams on exigent events, such as active shooter incidents and hostage taking events, where it is unsafe or would be ineffective to utilize law enforcement personnel to conduct the necessary breach. Locally, energetic breaching was utilized during the 2010, three (3) day hostage situation on Arden Way, which led to the successful rescue of the 18 month old hostage.
• 1992 AM General Hummer H1
• 2001 AM General Hummer Humvee
The Sacramento Sheriff’s Office possesses two “Hummer” vehicles for community interaction and engagement. One is currently utilized by the Sheriff’s Youth Services Unit, the other by the Sheriff’s K9 detail. Both units are brightly painted, with show lights, stereo systems and gaming consoles. They are displayed at the Unity in the Community events, as well as various other events that allow the public, primarily the youth, to interact with them.
Frequency of Use:
Four (4) to six (6) times per year.
Justification:
The outfitted Hummer vehicles are always popular with the public. They provide an opportunity for the Sacramento Sheriff’s Office to interact with the youth in a manner that has proven favorable to a majority of kids. They are also a great way to answer general questions about law enforcement, and potentially recruit future generations to the profession.
Due to the very unique composition of these vehicles, in addition to the positive image that they portray, a substitute vehicle would likely not have the same effect.
ITEM 16.4.
ATTACHMENT 5
• Mobile Booking/Mobile Command Vehicle
The Sacramento Sheriff’s Office possesses a 52 foot tractor trailer that is currently being utilized as a mobile booking vehicle. This trailer provides an opportunity to process arrestees in the field during instances of large scale operations. Persons that have been arrested are allowed to sit in the climate controlled trailer as their arrest paperwork is being completed, rather than being transported to the Main Jail for the same process, which drastically reduces the wait time for intake processing at the Main Jail. Most of the persons arrested can then be released at the scene with a promise to appear in court.
Frequency of Use:
Once every 5 years.
Justification:
This mobile booking trailer provides a comfortable and climate controlled environment for those being arrested during a large scale incident. The alternative would be to have them out in the elements during the process, or transported to the Main Jail, where they would eventually be released in a potentially unfamiliar environment. Additionally, the ability to process arrested persons outside of the Main Jail allows patrol personnel to return to handling calls for service in a much more expeditious manner.
• NOMAD Tactical Communications Vehicle (TCV)
The Sacramento Sheriff’s Office possesses a “NOMAD” Tactical Communications vehicle, utilized by specially trained “Tactical Dispatchers” during large scale operations. This vehicle is configured with interoperable voice, video and data capabilities that allow consistency of service for dispatch and intelligence in the field, in a climate controlled and quiet environment. This vehicle is delivered to protracted critical incidents such as hostage situations, active shootings and large natural disasters. The NOMAD provides the opportunity for the Incident and Tactical Commanders to be face to face with the dispatchers for immediate information exchange and greater situational awareness.
Frequency of Use:
Ten (10) to (20) times per year.
Justification:
The NOMAD provides the Incident Commander and Tactical Commander the opportunity to have immediate access to intelligence and dispatchers, which play a monumental role in the successful and safe resolution of large scale incidents. These incidents often require numerous items of equipment and multiple personnel. The NOMAD is the central command of these various resources, in a self-contained vehicle. Without the NOMAD, command personnel, intelligence gatherers, and dispatchers would be required to work out of the back of various vehicles, folding tables, and/or pop-up tents with minimal amounts of privacy and many more distractions being present.
ITEM 16.4.
ATTACHMENT 5
• Precision .50 Caliber Rifle
The Sacramento Sheriff’s Office utilizes a variety of firearms dependent on the situation, environment, and capabilities of the firearm. The Sheriff’s Office utilizes the Barret M821A1 .50 caliber rifle as a mission dependent precision rifle. This rifle is semi-automatic and equipped with a magnified optic. The Barret M821A1 was designed to be an extremely accurate rifle capable of precise short and extremely long range firing solutions. This rifle was built similar to an AR-10 platform to detailed specifications allowing for consistency and accuracy. This platform is similar to an AR-15/ M4 platform which allows for operator familiarity. The Barret M821A1 semi-automatic capability allows for faster acquisition and follow up observation or follow up firing solutions which enables officers to ensure the safety of citizens and victims.
The Barret M821A1 is deployed by specifically trained snipers/ observers among the Special Enforcement Detail for high risk incidents, to include, but not limited to; high risk search warrant service, open area or rural operations, and hostage rescue. Specified officers train with these firearms quarterly.
There are other similar firearms available, however, after rigorous testing by SED officers, it was determined the Barret M821A1 best fit the needs of the officers and maintains a reliable and familiar platform. The .50 caliber ammunition is a high powered ammunition. This rifle may be deployed when the capabilities of the Daniel Defense M4 and the Seekins SP-10M do not meet the specifications needed to provide adequate protection. It may also be utilized to provide a firing solution that the other rifles are not capable of. (see .50 caliber ammunition) Frequency of Use:
Barret M821A1 / Training: Once per quarter (approximately 14 rounds per quarter).
Barret M821A1 / Deployment: One (1) to five (5) times per year.
Justification:
The Barret M821A1 is a high powered rifle deployed by specifically trained SED sniper/ observers. This rifle may be utilized to provide observation or to provide firing solutions during critical incidents when no other means/ resources are available or as necessary. This rifle can provide highly accurate firing solutions capable of debilitating engine blocks in vehicles (big rigs attempting to crash into the Capitol building or mass casualty vehicle vs. pedestrian incidents). This rifle may also be used to break through hardened barriers where other rifles and/ or ammunition are not powerful enough to penetrate, such as; bank teller glass during hostage incidents, engine blocks, or other thick metal.
There have been several successful deployments of .50 caliber rifles in tactical events across the nation.
Most notably in Dallas, Texas, in which the .50 caliber rifle was used to engage a suspect in an armored vehicle filled with explosives, and in another incident in which a stolen big rig was disabled after being used on a “runaway” highway crime spree in which numerous innocent civilians were injured. Neither of these incidents would have been resolved through the use of a lower caliber rifle and ammunition.
ITEM 16.4.
ATTACHMENT 5
• Hornady A-Max Match 750 Grain 50 BMG Ammunition
The Sacramento Sheriff’s Office utilizes a variety of firearm ammunition dependent on the situation, environment, and capabilities of the ammunition. The Sheriff’s Office utilizes the Hornady A-Max Match 750 grain 50 BMG rifle ammunition as the primary ammunition for the Barret M82A1 .50 caliber precision rifle. This ammunition is designed specifically for .50 caliber precision rifle. Hornady A-Max is made of carefully selected components to ensure uniformity, then loaded to exacting specifications to provide pinpoint accuracy. Each cartridge is loaded with either Hornady A-MAX bullets, our high- performance boattail hollow points, or the new, radically superior ELD Match bullets. Stringent quality control ensures proper bullet seating, consistent charges and pressures, optimal velocity, consistent overall length and repeatable accuracy, ensuring the safety of citizens and victims.
Hornady A-Max Match 750 grain 50 BMG rifle ammunition is deployed by SED sniper/ observers in conjunction with Barret M82A1 .50 caliber precision rifle. This round is a match grade ammunition capable of extreme accuracy over short and extremely long range distances. This ammunition may be utilized to penetrate heavy barriers, such as; multi- laminated glass, concrete, heavy duty windshields, large engine blocks, and other ballistic barriers.
Frequency of Use:
Hornady A-Max Match 750 grain 50 BMG rifle ammunition / Training: Once per quarter (approximately 14 rounds per quarter).
Hornady A-Max Match 750 grain 50 BMG rifle ammunition / Deployment: One (1) to five (5) times per year.
Justification:
The Hornady A-Max Match 750 grain 50 BMG rifle ammunition is a high powered rifle ammunition deployed in conjunction with the Barret M82A1 by specifically trained SED sniper/ observers. This rifle and ammunition may be utilized to provide observation or to provide firing solutions during critical incidents when no other means/ resources are available or as necessary. This ammunition can provide highly accurate firing solutions capable of debilitating large engine blocks in vehicles as well defeat heavy ballistic barriers. This ammunition may also be used to break through hardened barriers where other rifles and/ or ammunition are not powerful enough to penetrate, such as; bank teller glass during hostage incidents, engine blocks, or other thick metal.
• Colt LE6946CQB
• Daniel Defense DDM4
The Sacramento Sheriff’s Office Special Enforcement Detail (SWAT team) utilizes two (2) rifles. The first was a Colt LE6946CQB that was approx. twelve (12) years old and at the end of its serviceable life. While it still remains on the inventory roster, it has been replaced by a Daniel Defense DDM4. The Daniel ITEM 16.4.
ATTACHMENT 5
Defense M4 is a select fire, magazine fed rifle that is chambered in .223cal/5.56mm; which is the national industry standard for law enforcement rifle ammunition.
The DDM4 was selected after an exhaustive testing process pertaining to function, capabilities and longevity over other manufactures whose rifles did not meet the stringent standards that the Special Enforcement Detail requires for weapons selection. Additionally, this style/type of rifle with a shorter barrel is the current industry standard for law enforcement tactical teams at a federal and local level.
There are other manufactures that produce various types of shoulder fired weapons in a similar caliber but they do not have the features/capabilities needed by a tactical team nor have they been deemed reliable over an extended period of time or under harsh use and conditions.
Frequency of Use:
Carried daily by all SED personnel
Deployed/carried on tactical events - approx. 200 times per year Justification:
The Daniel Defense M4 provides SED/SWAT team members the ability to provide citizens, victims and officers a higher level of protection/defense against a violent subject who is currently armed with a firearm. There are multiple examples of this, here are a few:
• June 19, 2019 SPD Officer Tara O’Sullivan was responding to a domestic violence call for service when she was shot by male subject inside the dispatched address. Members of SED arrived on scene and deployed with their issued Colt M4 rifles. The use of the M4 rifles allowed SED personnel to maintain a greater distance away from the residence that the suspect was shooting from and avoid great bodily injury or death. Had the team members only been armed with handguns then they would have been positioned much closer to the residence therefore increasing the chances of being injured in the line of duty.
• A wanted suspect had barricaded himself inside of a mobile home and refused to exit. The suspect then began brandishing a firearm and crossbow at SED personnel. SED personnel set-up around the residence with their Daniel Defense M4’s and were able to maintain a safe distance due to the capabilities of the M4 weapons. Ultimately, when all other means of gaining the suspects compliance had been exhausted, the members of SED conducted an entry into the residence where the suspect was barricaded (small, cluttered mobile home) and maneuvered into a position to safely take the suspect into custody. The features of the M4 (short barrel) allowed the SED team to safely and quietly move into a position to take the suspect into custody without comprising the teams mission and personal safety.
Training/Compliance:
All members of the Special Enforcement Detail attend a P.O.S.T. mandatory forty (40) hour basic rifle school prior to being issued a Daniel Defense M4 rifle. Additionally, members of SED will attend an eighty (80) hour P.O.S.T. SWAT School prior to deploying into a tactical event with the rifle.
ITEM 16.4.
ATTACHMENT 5
SED conducts weapons specific training on a weekly basis, has team weapons qualifications every calendar quarter and department qualifications bi-annually.
• SEEKINS SP-10M
The Sacramento Sheriff’s Office utilizes a variety of firearms dependent on the situation, environment, and capabilities of the firearm. The Sheriff’s Office utilizes the Seekins SP-10M .308 caliber rifle as a primary precision rifle. This rifle is semi-automatic and equipped with a magnified optic. The Seekins SP-10M was designed to be an extremely accurate rifle capable of precise short and long range firing solutions. These rifles are hand built on an AR-10 platform to detailed specifications allowing for consistency and accuracy. This platform is similar to an AR-15/ M4 platform which allows for operator familiarity. The SP-10M’s semi-automatic capability allows for faster acquisition and follow up observation or follow up firing solutions which enables officers to ensure the safety of citizens and victims.
The Seekins SP-10M is deployed by specifically trained snipers/ observers among the Special Enforcement Detail for high risk incidents, to include, but not limited to; high risk search warrant service, open area or rural operations, and hostage rescue. Specified officers train with these firearms constantly. There are other similar firearms available, however, after rigorous testing by SED officers, it was determined the Seekins SP-10M best fit the needs of the officers and maintained a reliable and familiar platform. The .308 caliber is a higher caliber ammunition than “normal” duty use ammunition with greater accuracy and precision. (see .308 caliber ammunition) Frequency of Use:
Seekins SP-10M/ Training: Once per month (approximately 60-100 rounds per month).
Seekins Sp-10M/ Deployment: Fifteen (15) to twenty (20) times per year.
Justification:
The Seekins Sp-10M is a new rifle to SED. The rifle has been deployed by SED sniper/ observers approximately eight (8) times since its adoption in 2021. Previous iterations of sniper rifles have been deployed by SED sniper/ observers numerous times to assist in observation or to provide firing solutions during critical incidents when no other means/ resources were available or as necessary. Additionally, the long range capabilities of the rifle allow for law enforcement personnel to retain a large standoff distance from a dangerous suspect, thereby increasing officer safety. There are multiple examples of the effective utilization of the Seekins Sp-10M rifle within our agency -- here are a few:
• Officers responded to an altercation at a residence. Upon arrival, the subject fired a gun and barricaded inside. The subject later exited with a gun to a second subject’s (hostage) head. SED responded and deployed sniper/ observers with the Seekins SP-10M to nearby rooftops to gain positions of observation.
• During a high speed pursuit of a wanted subject, the subject “high-centered” his vehicle on a center divide of a residential/ business roadway. The subject was considered dangerous.
ITEM 16.4.
ATTACHMENT 5
Sniper/ observers were deployed with the Seekins SP-10M to elevated positions to observe the subject. Sniper/ observers also covered team movements and provided scene security.
• SED officers responded to a shooting that had just occurred where with the suspect had shot his mother and at responding officers. SED sniper/ observers deployed to positions of observation, providing security for officers on scene.
• SED officers deployed the Seekins SP-10M during dignitary protection assignments to assist federal agencies with scene/ site security.
• Sig Sauer 716G2
The Sheriff’s Office utilizes the Sig Sauer 716G2 rifle at the Folsom Dam facility. This facility is under a service contract with the federal Bureau of Reclamation. This contract stipulates officers shall have the capability to deploy .308 caliber precision rifles. Additionally, this facility is considered a potential target for a terror attack and is located on a large plot of land, creating the possibility of the need for long- range engagement.
The Sig Sauer 716G2 rifles are used in conjunction with Hornady TAP ELD- Match 168 Grain AR Sniper .308 Duty Ammunition (47).
Frequency of Use:
Sig Sauer 716G2: 0-10 times per year
Justification:
The Sig Sauer 716G2 was chosen for its ability to serve as a precision rifle in a similar role as the SEEKINS SP-10M (45), and at the same time fill a similar role to a standard-issue patrol rifle should such a need arise. In this way, it would eliminate the need for staff issued a Sig Sauer 716G2 to carry two rifles, one for precision use and one for all other appropriate applications. The need for officers issued a Sig Sauer 716G2 to have access to a precision rifle stems from their assignment to a facility tasked with maintaining such a capability per federal contract, and to aid in their response to a potential terror attack. Additionally, the long range capabilities of the rifle allow for law enforcement personnel to retain a large standoff distance from a dangerous suspect, thereby increasing officer safety.
• Speer Gold Dot Soft Point .223 Caliber 55 Grain Rifle Round
ITEM 16.4.
ATTACHMENT 5
The Sacramento Sheriff’s Office utilizes the above round for all standard-issue rifles, as well as the Daniel Defense DDM4 (44) and Colt LE6946CQB (43).
Frequency of Use:
Daily – Assigned to all personnel in Field Services as departmentally approved duty ammunition.
Justification:
Law enforcement is tasked with responding to dangerous events which may require an armed response.
In certain circumstances, it may become necessary for an officer to discharge their firearm in the course of duty. In these situations, officers equipped with rifles are able to place rounds accurately. This results in an increase in safety for the public and officers.
Speer Gold Dot Soft Point .223 Caliber 55 Grain Rifle Rounds were selected to be used in conjunction with the rifle utilized by the Sheriff's Office. This is due to several features:
• Consistent ballistic performance: This is necessary to ensure rounds are as unlikely as possible to travel all the way through a target and exit out the other side. This can be extremely important to public safety when conducting a high-risk operation in a crowded area, such as an active shooter response or hostage rescue. It should be noted, that many other common rifle rounds, such as the "full metal jacket" ammunition used by the military, are prone to traveling all the way through targets, making them generally unsuitable for use by the Sheriff's Office.
• Wide compatibility: This ammunition is compatible with all rifles issued by the Sheriff's Office, with the exception of special issue .308 and .50 caliber rifles intended for specialized precision utilization.
• Availability: This ammunition is common throughout the industry, and as such is available at competitive prices and potentially less subject to supply chain disruptions than some less common products.
Although it is always unfortunate when it becomes necessary for an officer to discharge their firearm in the course of duty, it is important that in such circumstances, officers are able to resolve the situation with minimal risk to the community and to themselves. Being equipped with rifles used in conjunction with Speer Gold Dot Soft Point .223 Caliber 55 Grain Rifle Rounds allows officers to respond to these situations as safely as possible.
• Hornady TAP ELD- Match 168 Grain AR Sniper .308 Duty Ammunition
The Sacramento Sheriff’s Office utilizes a variety of firearm ammunition dependent on the situation, environment, and capabilities of the ammunition. The Sheriff’s Office utilizes the Hornady TAP ELD- Match 168 grain AR .308 caliber rifle ammunition as the primary ammunition for the Seekins SP-10M precision rifle. This ammunition is designed specifically for the AR-10 platform. The resilient tip of the ITEM 16.4.
ATTACHMENT 5
ELD Match bullet aids in reliable feed and function, and the propellant is specifically tailored to efficiently operate in the AR-10. The 168 gr. ELD- Match bullet with Heat Shield tip delivers excellent terminal performance, limiting over penetration. Hornady TAP Precision features a resilient, heat resistant polymer tip that improves the ballistic coefficient, resulting in higher impact velocities, less drop, less wind drift, and more energy on target, making it extremely accurate and reliable. This specific ammunition has a pinned primer that prevents the primer from “blowing back” into the chamber and causing failures in the firearm. SED sniper/ observers rigorously tested several brands of ammunition and determined the Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition to the best ammunitions to fit their needs and performance with the Seekins SP-10M.
The Hornady TAP ELD-Match 168 grain AR ammunitions is deployed by SED sniper/ observers in conjunction with Seekins SP-10M. This round is a match grade ammunition cable of extreme accuracy over short and long range distances ensuring the safety of citizens and victims.
Frequency of Use:
Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition / Training: Once per month (approximately 60-100 rounds per month per operator).
Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition / Deployment: With every Seekins SP10-M deployment- Fifteen (15) to twenty (20) times per year.
Justification:
The Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition is utilized in conjunction with the Seekins SP-10M precision rifle. Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition has been deployed by SED sniper/ observers times to assist in observation or to provide firing solutions during critical incidents when no other means/ resources were available or as necessary. There are multiple examples of this, here are a few:
• Officers responded to an altercation at a residence. Upon arrival, the subject fired a gun and barricaded inside. The subject later exited with a gun to a second subject’s (hostage) head. SED responded and deployed sniper/ observers with the Seekins SP-10M to nearby rooftops to gain positions of observation. The Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition may have been utilized in a firing solution to save the hostage from the armed subject if it was determined necessary.
• During a high speed pursuit of a wanted subject, the subject “high-centered” his vehicle on a center divide of a residential/ business roadway. The subject was considered dangerous.
Sniper/ observers were deployed with the Seekins SP-10M to elevated positions to observe the subject. Sniper/ observers also covered team movements and provided scene security. The Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition may have been utilized in a firing solution to save, protect, or prevent injury to officers by the subject if it was determined necessary.
ITEM 16.4.
ATTACHMENT 5
• SED officers responded to a shooting that had just occurred where with the suspect had shot his mother and at responding officers. SED sniper/ observers deployed to positions of observation, providing security for officers on scene. The Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition may have been utilized in a firing solution to save, protect, or prevent injury to officers by the subject if it was determined necessary.
• SED officers deployed the Seekins SP-10M during dignitary protection assignments to assist federal agencies with scene/ site security. The Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ammunition may have been utilized in a firing solution to save, protect, or prevent injury to the dignitary if it was determined necessary.
• Hornady TAP ELD- Match 168 Grain Heavy Barrier Sniper .308 Duty Ammunition
The Sacramento Sheriff’s Office utilizes a variety of firearm ammunition dependent on the situation, environment, and capabilities of the ammunition. The Sheriff’s Office utilizes the Hornady TAP ELD- Match 168 grain Heavy Barrier .308 caliber rifle ammunition as ammunition for the Seekins SP-10M precision rifle. This ammunition is designed specifically for the AR-10 platform. TAP Heavy Barrier is loaded with a GMX TAP Heavy Barrier monolithic copper alloy bullet, it shoots cleaner than pure copper, fouls less and delivers excellent terminal performance. The GMX bullet penetrates heavy barriers such as 1-inch laminated glass with exceptional weight retention while still delivering superior terminal performance. This specific ammunition has a pinned primer that prevents the primer from “blowing back” into the chamber and causing failures in the firearm. SED sniper/ observers rigorously tested several brands of ammunition and determined the Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition to the best ammunitions to fit their needs and performance with the Seekins SP-10M.
Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition is deployed by SED sniper/ observers in conjunction with Seekins SP-10M. This round is a match grade ammunition cable of extreme accuracy over short and long range distances ensuring the safety of citizens and victims. This ammunition may be utilized to penetrate lighter barriers, such as; laminated glass, siding, heavy duty windshields, smaller vehicle engine blocks, and natural barriers.
Frequency of Use:
Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition / Training: Once per quarter (approximately 60-100 rounds per month per operator).
Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition / Deployment: SED sniper/ observers carry a specific magazine of ten (10) rounds in a pack or other means on every deployment.
Justification:
Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition is utilized in conjunction with the Seekins SP-10M precision rifle. Hornady TAP ELD-Match 168 grain AR .308 caliber rifle ITEM 16.4.
ATTACHMENT 5
ammunition has been deployed by SED sniper/ observers times to assist in observation or to provide firing solutions during critical incidents when no other means/ resources were available or as necessary.
There are multiple examples of this, here are a few:
• Officers responded to an altercation at a residence. Upon arrival, the subject fired a gun and barricaded inside. The subject later exited with a gun to a second subject’s (hostage) head. SED responded and deployed sniper/ observers with the Seekins SP-10M to nearby rooftops to gain positions of observation. The Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition may have been utilized in a firing solution to save the hostage from the armed subject if it was determined necessary.
• During a high speed pursuit of a wanted subject, the subject “high-centered” his vehicle on a center divide of a residential/ business roadway. The subject was considered dangerous.
Sniper/ observers were deployed with the Seekins SP-10M to elevated positions to observe the subject. Sniper/ observers also covered team movements and provided scene security. The Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition may have been utilized in a firing solution to save, protect, or prevent injury to officers by the subject if it was determined necessary.
• SED officers responded to a shooting that had just occurred where with the suspect had shot his mother and at responding officers. SED sniper/ observers deployed to positions of observation, providing security for officers on scene. The Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition may have been utilized in a firing solution to save, protect, or prevent injury to officers by the subject if it was determined necessary. • SED officers deployed the Seekins SP-10M during dignitary protection assignments to assist federal agencies with scene/ site security. The Hornady TAP ELD-Match 168 grain Heavy Barrier .308 caliber rifle ammunition may have been utilized in a firing solution to save, protect, or prevent injury to the dignitary if it was determined necessary.
• Combined Systems LC5 Launching Cups
• CTS 7290M Mini Flash-Bang (Diversionary Device)
• CTS Pyro CS Grenade - Baffled (Model 5230B)
• CTS Pyro CS Grenade (Model 5230)
• CTS Pyro CS Grenade (Model 8230)
• CTS OC Vapor Aerosol Grenade (Model 6340)
• CTS CS Vapor Aerosol Grenade (Model 6330)
• CTS OC/CS Vapor Aerosol Grenade (Model 6343)
• CTS CS Expulsion Grenade (Model 5430)
• CTS OC Expulsion Grenade (Model 5440)
• CTS CS Jet-Lite Rubber Handball Grenade (Model 9230)
• Defense Technology CS Han-ball Grenade (Model 1092)
ITEM 16.4.
ATTACHMENT 5
• Defense Technology CS Barricade Penetrator (Model 2262) • Defense Technology First Defense 1.3% MK-9 Fogger OC Aerosol (Model 43953) • Defense Technology First Defense 1.3% MK-9 Stream OC Aerosol (Model 56895) • CTS Sting-Ball Grenade (Model 9590)
• CTS Sting-Ball Grenade with CS Agent (Model 9593)
• CTS CS Tear-Ball Grenade (Model 9430)
• CTS Triple Phaser CS Smoke Grenade (Model 5231)
• CTS White Smoke Grenade (Model 6210)
• Pepper Ball VKS Launcher
• Pepper Ball VXR Live-X Projectile
Chemical agents, their delivery systems and light sound diversionary devices (commonly referred to as flash-bangs) are utilized to de-escalate volatile situations by Sacramento Sheriff Office Deputies.
Chemical agents as defined by California Penal Code 13652(d)(2): means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2-chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum. Under this definition the Sacramento Sheriff’s Office has the capacity to deliver all aforementioned chemical agents with the exception of chloroacetophenone (CN). CN is only used for training by the Sacramento Sheriff’s Office and in accordance with the California Peace Officers Standards and Training (CA POST) requirements.
The various chemical agents can be delivered in multiple forms which provide a varying degree of effect.
These range - from most effective in generating a desired effect to least effective - are solid’s which are burned, liquids and then powders. The various munitions or delivery systems provide trained Deputies the ability to use the chemical agents in the safest manner possible applied to a multitude of situations for favorable resolution through the lowest form of force and intrusion as dictated by a suspect(s).
The Combined Systems LC5 Launching cups are designed to be affixed to the barrel of a shotgun and utilize a “blank” round to propel various models of CTS CS and OC grenades. The launching cup allows the Deputy using it to have a physical standoff (distance) from the intended target to reduce their exposure to potential injury from the suspect(s).
All CTS and Defense Technology “grenades” fall under that definition because they carry a payload which is released or delivered into the environment after primary ignition. The “payload” or chemical agent contained within the grenade are either ignited or burned, releasing a smoke which carries the chemical or they are expelled rapidly from the grenade using CO2 or aerosol as a liquid or powder form.
The exceptions to this in our inventory are the CTS sting-ball and CTS sting-ball with CS agent. These two items detonate and throw out .60 caliber rubber balls from a rubber grenade housing. The sting-ball with CS also carries with it a CS powder along with the rubber balls. These two devices are considered less lethal, have the same requirements for deployment as flash-bangs with the addition of needing to know the suspect(s) is in the location of deployment.
ITEM 16.4.
ATTACHMENT 5
The CTS Ferret 40mm and Defense Technology CS barricade penetrator are both rounds which contain liquid CS agent and are designed to break glass and thin house siding after being fired from a 40mm launcher. This is to provide Deputies the ability to introduce chemical agents into a building through hard materials, at a distance and into areas which may not be otherwise accessible such as an attic space.
Smoke grenades are hand thrown grenades which burn a zinc chloride mixture that produces visually obscuring smoke. The smoke can be used to determine wind directions for outdoor chemical agent introduction, as a carrying mechanism for CS to allow it to stay aloft in the air for a longer period of time, as an obscurant to conceal movement, or as a ruse to disperse a crowd without having to use a chemical agent.
The Pepper ball VKS launcher is a compressed air gun which functions the same as a paint ball gun. The Sheriff’s office uses Pepper ball’s proprietary VXR live-X round because it provides a higher degree of accuracy than a standard ball shaped round while also delivering a small amount of powdered OC type agent at a much lower velocity than other less lethal munition options.
Light sound diversionary devices (flash-bangs) utilize flash powder to deflagrate, which emits heat, light and sound from the device. This is designed to very temporarily overwhelm a human being’s sensory system. The fractions of a second which are potentially gained through the use of flash-bangs can provide deputies a window of opportunity to achieve resolution in high risk situations. 40mm munitions launchers provide us the capability to deliver less lethal munitions and various forms of chemical agents from greater distances and behind ballistically fortified positions to help increase safety. The single 40mm launcher is accurate and effective, however it is slow in its ability to deliver multiple rounds onto the intended target. The 40mm multiple launcher has the ability to be loaded with six (6) rounds and launch those rounds in quick succession if needed.
Frequency of Use:
1 OC fogger deployment within the last year.
12 live cup launcher deployments, 6-10 cup launcher deployments annual for training.
SED members currently instruct the following CA POST certified classes:
o SWAT school
o Chemical agent instructor
o Less Lethal munitions instructor
o Less Lethal user course
o Diversionary Devices
o Mobile Field Force Grenadier
Flash bang deployments average 60-100 annually to include incident and training deployments.
Chemical Agent deployments average 8-10 annually for incident deployment, and 20-30 times annually for training and CA POST classes.
ITEM 16.4.
ATTACHMENT 5
Smoke – 4 deployments in last year, all during training Sting-ball – 4 deployments in last year, all during training.
VKS pepper ball launcher with VXR-live X – 1 deployment in last year during training and instruction of Mobile Field Force Grenadier class.
40mm single launcher deployments average 20-30 times annually for incidents and training. 40mm multi launchers averages 1 deployment annually.
Justification:
The mission of the Sacramento Sheriff’s Office first and foremost is the protection of life. The Sheriff’s office also has a duty to the public to resolve critical incidents in a timely manner. Protracted operations may require the use of specialized equipment and a collaborative response from various units in the office.
Time:
Any critical incident will effectively put a strain on the daily functions of patrol and responding to citizens’ calls for service. When officers are dealing with a critical incident, all other emergencies that citizens may have are often prioritized below the critical incident. During a critical incident, neighbors are evacuated from their homes for their safety for several hours, roads are closed and businesses may be shut until the incident is resolved. As the incident is prolonged, the county faces a financial burden as well. A barricaded subject allowed to stay at residence or business for multiple hours to days, will impact the county balance sheet. With the number of critical incidents the Sacramento County Sheriff’s Office faces, that will put the county in a financial deficit. Chemical agents may be used to ensure that the incident is resolved in a timely manner, limiting the financial burden to tax payers as well as the deprivation of property to citizens within the vicinity of the incident.
Safety:
Chemical agents are used to help alleviate the need for officers to use potentially lethal options. In a situation where a suspect is shooting at officers and chemical agents are deployed, it may induce a cease fire and peaceful resolution to the situation. Cases around the nation have repeatedly proven this to be true, as chemical agents are utilized on an almost daily basis nationwide. Without the ability to use chemical agents, officers may be forced to enter barricaded residences, thus increasing the likelihood of a deadly encounter for either the officer or suspect.
Studies related to the safety of chemical agents have shown them to be very safe to those who are exposed to the agent, with only short-term discomfort being the byproduct of their use. Nationwide, only one documented fatality has occurred due to the use of chemical agents, due in part to a residence not properly being decontaminated prior to being re-inhabited by a solo female occupant in Mississippi in 2012. In order to prevent similar incidents from occurring, specific training practices and post- exposure policies have been established in much of the nation, across the State of California, and within our own agency. In addition to enhanced training, personnel deploying chemical agents must utilize a ITEM 16.4.
ATTACHMENT 5
calculation formula (LCT 50) to provide a safe, yet effective, dose of agent into a structure based upon its dimensions.
Past Use:
• In 2021 Deputies used chemical agent with a combination of other specialized equipment to remove a barricaded suspect armed with a crossbow and firearm, threatening to shoot officers.
The suspect had a gas mask to defeat the chemical agents which were introduced into his residence. The suspect was barricaded for over 20 hours and required other agencies to assist due to the length of the incident. Ultimately, multiple flashbangs in rapid succession were utilized to create a distraction so deputies could make entry into the room the suspect was barricaded in and effect an arrest without the use of lethal force. The suspect at the time of arrest had a handgun (which turned out to be a pellet gun) and a crossbow in close proximity.
• In 2020 Deputies responded to a call for service where a suspect was threatening his neighbors and destroying property. The suspect barricaded in the house and armed himself with a deadly weapon. After hours of negotiation, the suspect became increasingly agitated. A chemical agent plan of action was implemented and quickly rendered the suspect incapacitated for deputies to effect a safe arrest of the suspect. The suspect rapidly recovered to full health once safely escorted by deputies to fresh air.
• In 2019 Deputies responded to a call for service where the suspect had beaten his mother to the point where he had broken numerous bones. The suspect stole a firearm and barricaded in a shed. During the encounter, the suspect pointed a firearm in a general direction where deputies were located. Deputies from another area verbally ordered him to drop the clearly visible gun.
The suspect immediately stopped pointing the gun at anyone and retreated back into a shed where he barricaded himself. After hours of failed communication with the suspect, chemical agents were introduced into the shed. The suspect rapidly fled the chemical environment to deputies and was taken into custody without injury.
Training:
The Sacramento County Sheriff’s Office has identified deputies responsible for being subject matter experts in the deployment of chemical agents. The subject matter experts teach a chemical agent instructor course as well as “SWAT School” bi-annually. Officers responsible for being subject matter experts themselves are exposed to the chemical agent quarterly at the minimum, to demonstrate the safety of the agent as well as proper decontamination. Every member responsible for deploying chemical agents has been instructed on the proper use and handling in a CA POST certified capacity.
Conclusion:
The loss of chemical agents will lead to a greater risk to officer safety and greater risk to the public.
While the use of chemical agents poses a very low risk to suspects engaging in criminal activity, the benefit is colossal to a peaceful resolution of tactical events. Frankly speaking, law enforcement does not have an incapacitating tool with a wide margin of safety, to use over a varying distances other than ITEM 16.4.
ATTACHMENT 5
chemical agents. In a world where officers are required to respond to everything from armed hostage situations and domestic terrorism to felony assaults, chemical agents are invaluable.
• LRAD Long Range Acoustical Device D100X
The Sacramento Sheriff’s Office utilizes two (2) types of LRAD. The Special Enforcement Detail utilizes the LRAD 100X BLK-Mag. The LRAD is a Long Range Acoustical Device capable of broadcasting up to 600 meters away. It has a high intensity directional acoustical array for long range, hailing, notification, and a distinctive warning tone. The LRAD is primarily used as a communication device during a critical incident, high risk search warrant service, or to broadcast public announcements. The LRAD may also be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of emergencies, natural disasters, evacuations and police incidents (missing persons, perimeters for wanted suspects/ K9 deployments, etc.)
Frequency of Use:
The LRAD 100X BLK-Mag/ Training: quarterly
The LRAD 100X BLK-Mag/ Deployment: Weekly
Justification:
The LRAD 100X BLK-Mag is used weekly by the Special Enforcement Detail and trained negotiators during high risk search warrant services and other critical incidents. The LRAD is utilized as a communication device to give directions, announce law enforcement intent, and safely resolve incidents at the lowest level possible. The LRAD provides law enforcement with a loud, clear, audio warning device that may be used under numerous instances related to public safety.
The LRAD is utilized as a communications device only, and it is used in situations in which a normal PA system would be ineffective to provide warnings, instructions, or requests to suspect(s) and/or civilians within an emergency area.
• American Tech LRAD 1000X
These large LRAD devices are mounted atop Folsom Dam. They are used by Folsom Dam Bureau law enforcement personnel to communicate with boaters on the lake and visitors on the shore, per the contract between the Sacramento Sheriff’s Office and the Bureau of Reclamation.
Frequency of Use:
One (1) to two (2) times per week.
Justification:
ITEM 16.4.
ATTACHMENT 5
The LRAD is utilized as a communication device to give directions, announce law enforcement intent, and safely resolve incidents at the lowest level possible. The LRAD provides law enforcement with a loud, clear, audio warning device that may be used under numerous instances related to public safety.
Instances that may warrant the use of the LRAD at Folsom Dam may be to warn boaters that they are approaching an exclusionary area, such as near the Folsom Dam water gates.
• CTS Ferret 40 MM Liquid Barricade Penetrator Round, CS (Model 4330) • Remington 870 Less Lethal Shotgun
• Less Lethal Shotgun Ammunition (Beanbag)
• 40 MM Single Launchers
• 40 MM Multi-Launchers
• Less Lethal 40MM Ammunition (Multi-Launcher)
The Sacramento Sheriff’s Office utilizes certain equipment to, when justified and reasonable, apply less than lethal force.
Less lethal launchers are intended for a wide variety of situations. Commonly for patrol officers, they may be used when attempting to contain or apprehend a dangerous person who would pose a greater risk to officers from a closer distance.
One possible example of a common situation appropriate for the use of a less lethal launcher might be in dealing with a person who is armed with a blade or impact weapon, and causing a threat to public safety necessitating their apprehension. Officers in this situation, without access to a less lethal launcher, might be faced with the necessity to use a higher level of force when the use of a less lethal launcher might have prevented the situation from escalating further.
The 40MM Single Launcher was originally put into service because, at the time, it was considered the industry standard for Less Lethal devices. When used in conjunction with Less Lethal 40MM Ammunition (Multi-Launcher), it provides a reliable means to apply less-lethal force at distance. Additionally, when used in conjunction with CTS Ferret 40 MM Liquid Barricade Penetrator Round, CS (Model 4330), it provides specially trained officers the means to precisely administer chemical irritants from a safe distance.
The 40MM Multi-Launcher provides the same capabilities as the 40MM Single Launcher. However, the 40MM Multi-Launcher allows for additional projectiles to be launched before the officer must stop to reload. In dangerous and dynamic situations, this can be of great importance.
The Remington 870 Less Lethal Shotgun is the most common equipment intended to provide less lethal force at distance employed by the Sheriff’s Office. The Sheriff’s Office was able to convert its preexisting inventory of standard “lethal” shotguns into less lethal configurations. They provide a cost-effective method to widely field reliable less-lethal devices. When used in conjunction with Less Lethal Shotgun Ammunition (Beanbag), they deliver similar results to 40MM Single Launchers and 40MM Multi- Launchers.
ITEM 16.4.
ATTACHMENT 5
Frequency of Use:
Remington 870 Less Lethal Shotgun: Daily
Less Lethal Shotgun Ammunition (Beanbag): Daily
40MM Single Launchers: 100-200 times per year
40MM Multi Launchers: 50-100 times per year
Less Lethal 40MM Ammunition: 150-300 times per year
CTS Ferret 40 MM Liquid Barricade Penetrator Round, CS (Model 4330) 50-100 times per year
Justification:
The Remington 870 Less Lethal Shotgun is the Sheriff’s Office’s primary less lethal launcher. In many situations, officers rely on less lethal launchers to avoid the necessity to use lethal force. Less lethal launchers provide officers the means to deal with dangerous situations without having to close the distance with potentially armed or combative people. They can be used from greater, and thus safer, distances than other less lethal devices, such as Tasers or other conducted energy devices. Because they can be used from a distance, it creates less likelihood for the person causing the potential danger to get close enough to harm officers. In turn, this decreases the likelihood that officers will come under such threat and it becomes less likely it will be necessary for officers to use greater levels of force. In this way, these less lethal launchers, and their associated ammunition, fill a critical role in the tactical de- escalation process that other equipment would not be able to fulfill.
In the case of the CTS Ferret 40 MM Liquid Barricade Penetrator Round, CS (Model 4330) used in conjunction with the 40MM Single Launcher and/or 40MM Multi-Launcher, provide a different, but related, aspect of tactical de-escalation. When dealing with certain situations, such as when a potentially dangerous person barricades themselves inside of a structure and refuses to exit, officers should make every effort to avoid having to enter that structure and forcibly remove the person. Should allowing time and communicating with that person prove ineffective, this specialized equipment provides an alternative that is safer than sending officers into the structure, thereby endangering the community, barricaded person, and officers. A specially trained officer can use this equipment from a safe distance to precisely administer chemical irritants into that structure to further attempt to convince the subject to exit.
ITEM 16.4.
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ATTACHMENT 6
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.5.
DATE: October 17, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2020-220-1 WITH DOKKEN
ENGINEERING TO INCREASE THE CONTRACT AMOUNT FROM
$450,000 TO AN AMOUNT NOT TO EXCEED $800,000 AND EXTEND THE CONTRACT TERM FROM DECEMBER 31, 2023, TO DECEMBER
31, 2024, FOR ON-CALL STORMWATER SUPPORT SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2020-220-1 to increase the contract amount from $450,000 to an amount not to exceed $800,000 and extend the contract term from December 31, 2023, to December 31, 2024, for the provision of on-call stormwater support services by Dokken Engineering.
BACKGROUND
The work conducted under this contract includes development support, stormwater regulatory compliance, construction site inspections, public outreach, employee training, biological surveys, environmental permitting (401, 402, 404 permits), habitat conservation plan implementation, wetland delineation, CEQA implementation, and other on-call stormwater support services as needed.
On January 4, 2021, City Council approved Contract No. 2020-220 in an amount not to exceed $450,000 with Dokken Engineering for the provision of stormwater support services over a three-year contract term.
Dokken Engineering has provided an excellent performance record and an effective understanding of the city’s desired level of services. The City is seeking to execute a contract amendment with Dokken Engineering to increase the contract amount from $450,000 to an amount not to exceed $800,000 and to extend the contract term from December 31, 2023, to December 31, 2024. The amendment is needed to support the City with increased demand for regulatory compliance and environmental permitting services.
City Council Staff Report - Page 2 of 2
FISCAL IMPACT AND FUNDING SOURCE
Funding for the contract will be from the City’s Stormwater Utility Fund. There is no impact to the City’s general fund.
ATTACHMENT(S)
1. Resolution
2. Contract Amendment
ITEM 16.5. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2020-220-1 WITH DOKKEN ENGINEERING TO INCREASE THE CONTRACT AMOUNT FROM $450,000 TO AN AMOUNT NOT TO EXCEED $800,000 AND EXTEND THE CONTRACT TERM FROM DECEMBER 31, 2023, TO DECEMBER 31, 2024,
FOR ON-CALL STORMWATER SUPPORT SERVICES
WHEREAS, the City entered into Contract No. 2020-220 with Dokken Engineering on January 4, 2021, in the amount of $450,000 for the provision of stormwater support services; and
WHEREAS, Dokken Engineering has provided an excellent performance record and an effective understanding of the city’s desired level of service; and
WHEREAS, the City wishes to increase the maximum compensation amount from $450,000 to an amount not to exceed $800,000; and
WHEREAS, the City wishes to extend the contract term from December 31, 2023, to December 31, 2024; and
WHEREAS, the amount exceeds the maximum amount that the City Manager has authorization to approve; and
WHEREAS, the contract will be funded through the City’s Stormwater Utility Fund; and WHEREAS, there are sufficient funds budgeted to cover the cost of the contract amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 2020-220-1 with Dokken Engineering in a form approved by the City Attorney to increase the contract amount from $450,000 to an amount not to exceed $800,000 and extend the contract term from December 31, 2023, to December 31, 2024, for on-call stormwater support services.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of October 2022 by following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 16.5. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CO NTRACT NO. 2020-220-1
First Amendment to Professional Services Agreement between Page 1 of 3 City of Rancho Cordova and Dokken Engineering for
Stormwater Support Services
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND DOKKEN ENGINEERING
FOR STORMWATER SUPPORT SERVICES
Thi
s First Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Dokken Engineering, a (“Professional”) as of October 17, 2022. City and Professional are hereinafter collectively referred to as the "Parties." RECI
TALS
W
HEREAS, the Parties entered into a Professional Services Agreement (“PSA”) dated January 4, 2021, for the provision of stormwater support services; and W
HEREAS, Dokken Engineering has provided an excellent performance record and an effective understanding of the city’s desired level of services; and W
HEREAS, this First Amendment will increase the total compensation amount from $450,000 to an amount not to exceed $800,000, and extend the end date of the PSA from December 31, 2023 to December 31, 2024, for the provision of on-call stormwater engineering services; and W
HEREAS, the Parties agree that changes to the term and services provided for in the P SA are necessary in order for the City to continue receiving services by the Professional.
N
OW, THEREFORE, the Parties hereto agree as follows:
AG
REEMENT
1. The P
arties agree to modify the end date of the P SA from December 31, 2023 to December 31, 2024. The first sentence of Section 1.1 of the PSA, “Term of Service,” is amended to read as follows:
"The t
erm of this Agreement shall begin on the date first noted above and shall end on December 31, 2024. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8."
2. S
ection 2 of the PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed $450,000. The Parties agree to amend Section 2 of the PS A 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:
"C
ity hereby agrees to pay Professional a sum not to exceed Eight Hundred Thousand Dollars ($800,000), notwithstanding any contrary indication that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”
ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2020-220-1
First Amendment to Professional Services Agreement between Page 2 of 3 City of Rancho Cordova and Dokken Engineering for
Stormwater Support Services
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 Dalia Fadl ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
Notices. Any written notice to Professional shall be sent to:
Dokken Engineering
Attn: Pamela Dalcin-Walling
110 Blue Ravine Road, Suite 200
Folsom, CA 95630
Email Address (for Insurance Update Requests):
[email protected]
Any written notice to City shall be sent to:
Dalia Fadl
Public Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
SIGNATURE PAGE FOLLOWING
ITEM 16.5.
ATTACHMENT 2
CONTRACT NO. 2020-220-1
First Amendment to Professional Services Agreement between Page 3 of 3 City of Rancho Cordova and Dokken Engineering for
Stormwater Support Services
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 John Klemunes, President
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 16.5.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.6.
DATE: October 17, 2022
TO: Honorable Mayor and Council Members
FROM: Stefan Heisler, Housing Manager
Micah Runner, Deputy City Manager
SUBJECT: A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH
PLACEWORKS FOR ENVIRONMENTAL SERVICES FOR THE
ENVIRONMENTAL IMPACT REVIEW OF THE MILLS CROSSING
PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute contract 2021-342-2 with Placeworks increasing the contract amount by an amount not to exceed $168,344 to complete a Subsequent Environmental Impact Report (SEIR) for the Mills Crossing project.
BACKGROUND
The Mills Crossing project has entered into the predevelopment phase under a 2-phase Predevelopment Agreement. Phase 1 predevelopment activities will complete the project’s environmental review, create the detailed building architectural designs, and perform other steps necessary to ready the project for construction. These include development of a needs assessment and program, pre-design services, basis of design, schematic design services, entitlement package, design development services, financing, and estimated cost of operation, and culminating in preparation of a Guaranteed Maximum Price (GMP) to deliver the project complete and operational.
As anticipated, the environmental review of the project must be completed in order to move the project forward into the 2nd phase Development Agreement and construction of the Mills Crossing project.
The SEIR is proposed to be a focused environmental impact report since development has already been assumed and reviewed in the City’s General Plan. Topics proposed to be focused out include aesthetics, agricultural resources, geology and soils, hazards, and hydrology and water quality, because the conditions related to these topics haven’t changed and the type of development proposed would not substantially change the level of impact relative to these topics. These topics will be addressed in a section of the SEIR titled “Effects Adequately
City Council Staff Report - Page 2 of 2
Addressed in the General Plan EIR.” The proposed scope includes technical studies for certain footprint-related topics because site-specific information would be needed to disclose potential effects that were not addressed with adequate detail in the General Plan EIR for a project- specific analysis. Those include biological resources, cultural resources, air quality and greenhouse gas emissions, and noise analysis.
The environmental review will proceed concurrently with the detailed design activities, and the preparation and completion of the SEIR will not infringe or limit the anticipated public outreach for the design process. The SEIR is anticipated to take 9-12 months for completion and will have multiple opportunities for public feedback. This process will include public Notice of Preparation, a public scoping meeting, Notice of Availability when the Draft EIR is prepared, 45- day public review period, and at least one public hearing. Comments are welcomed at any time during the process. The project design activities will follow a separate public outreach process with the City’s development team and architects over the next year while the SEIR process is ongoing.
FISCAL IMPACT AND FUNDING SOURCE
The SEIR contract will be for a not to exceed amount of $168,344 to the General Fund.
ATTACHMENT(S)
1. Resolution
2. Contract No. 2021-342-2
ITEM 16.6. 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 A CONTRACT AMENDMENT WITH
PLACEWORKS FOR THE ENVIRONMENTAL IMPACT REVIEW OF THE MILLS CROSSING
PROJECT
WHEREAS, the City of Rancho Cordova (the “City”) owns fee simple title in that certain property consisting of approximately 9.85 acres located in the City at 10153-10179 Folsom Blvd (the “Property”); and
WHEREAS, the City is in the process of developing a mixed-use community- and transit- oriented project on the Property (the “Mills Crossing Project” or the “Project”); and
WHEREAS, the City has been working with Griffin | Swinerton, LLC (the “Developer”) to develop the Mills Crossing Project and executed a 2-phase Predevelopment Agreement with the Developer as of July 18, 2022; and
WHEREAS, the environmental review of the Project is an essential task in phase 1 of the Predevelopment phases to meet California Environmental Quality Act (“CEQA”) requirements and allow the project to proceed to a Development Agreement and ultimate construction of the Project; and
WHEREAS, the City desires to enter into a Professional Services Agreement Amendment with Placeworks, a California Corporation, to complete the necessary environmental review in an amount not to exceed $168,344.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager, or his or her designee, to execute Contract No. 2021-342-2 with Placeworks. in the amount of $168,344 for environmental impact report preparation for the City’s property at 10153-10179 Folsom Blvd and in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 16.6. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2021-342-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and Placeworks 1 of 13
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND
PLACEWORKS
Th
is Second Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Placeworks, a California Corporation (“Professional”) as of October 17, 2022. City and Professional are hereinafter collectively referred to as the "Parties."
RECITALS
WHE
REAS, the Parties entered into a Professional Services Agreement (“P SA”) dated January 1, 2022 for the purpose of providing environmental planning services; and WHE
REAS, the Parties entered into a Professional Services Agreement Amendment (“PSA 1st Amendment”) dated May 18, 2022 to expand the scope of work to include Phase 1 Environmental Site Assessments for City property acquisitions; and
WHE
REAS, this Amendment will expand the scope to have Professional provide additional environmental planning support in the preparation of the Subsequent Environmental Impact Report (“SEIR”) for the City’s Mills Crossing Project , extend the term one additional year to June 30, 2023, and increase the contract budget amount by an additional $168,344; and WHE
REAS, the Parties agree that changes to the term and services provided for in the P SA are necessary in order for the City to continue receiving services by Professional.
NOW
, THEREFORE, the Parties hereto agree as follows:
AGREEMENT
1. The P
arties agree to modify the end date of the PSA from June 30, 2023 to June 30, 2024. The first sentence of Section 1.1 of the PSA, “Term of Service,” is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2024, and Professional shall complete the work described in Exhibit A prior to that date; unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8."
2. Sec
tion 2 of the PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed One Hundred Thousand Dollars ($100,000.00). 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:
"C
ity hereby agrees to pay Professional a sum not to exceed Two Hundred Sixty-Eight Three Hundred Forty -Four Dollars ($268,344.00), notwithstanding any contrary ITEM 16.6.
ATTACHMENT 2
CONTRACT NO. 2021-342-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and Placeworks 2 of 13
indication that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”
3. The document entitled “Scope of Work,” attached hereto as Exhibit A , shall replace and supersede the PSA's Exhibit A.
4. Al
l 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.
5. The s
ignatures 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.
6. Contract Administration. This Agreement shall be administered by Darcy Goulart ("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:
Patrick Hindmarsh
Placeworks
101 Parkshore Drive, Suite 112
Folsom, CA 95630
Email Address (for Insurance Update Requests):
[email protected]
An
y written notice to City shall be sent to:
Darcy Goulart, Planning Manager
2729 Prospect Park Drive
Rancho Cordova, CA 95670
IN
WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CIT
Y OF RANCHO CORDOVA PROFESSIONAL
______
______________________ ______________________________
Cyrus Abhar, City Manager Keith McCann, CEO
Dat
e:__________________ Date:__________________
Atte
st:
______
______________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
ITEM 16.6.
ATTACHMENT 2
CONTRACT NO. 2021-342-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and Placeworks 3 of 13
______
______________________
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 16.6.
ATTACHMENT 2
CONTRACT NO. 2021-342-2
Second Amendment to Professional Services Agreement between City of Rancho Cordova and Placeworks 3 of 13
EXHIBIT A
SCO
PE OF SERVICES
ITEM 16.6.
ATTACHMENT 2
September 22, 2021
Darcy Goulart, Planning Manager
CITY OF RANCHO CORDOVA
2729 Prospect Park Drive
Rancho Cordova, CA 95670
RE: ENVIRONMENTAL SERVICES TO BE PROVIDED BY PLACEWORKS FOR THE
PLANNING DEPARTMENT
Dear Ms. Goulart:
Per your request, we offer this proposal to provide Environmental Coordinator services to the Planning Department. Patrick Hindmarsh will be the main point of contact for this task, which will be a subtask under our current contract with the City. Based on Patrick's previous experience at the City of Rancho Cordova, we assume the following services will be provided:
• PlaceWorks staff will be routed application materials for new assignments and we will work with assigned planners to determine the appropriate level of CEQA compliance that would be required. • For projects that qualify for an exemption, we can assist the planner with CEQA language for staff reports and prepare the Notices of Exemption, if requested. • If a Negative Declaration or Mitigated Negative Declaration is required, PlaceWorks staff can prepare that for the City.
• For projects that require an EIR, PlaceWorks can assist the City in preparing a Request for Proposals and assist the City in selecting the consultant team for the project. • PlaceWorks will review environmental documents prepared by other consultants for CEQA adequacy.
• If requested, PlaceWorks can also provide peer review of technical studies for air quality, greenhouse gases, and noise submitted by other consultants. • Patrick will be available to attend weekly/biweekly staff meetings and other meetings or hearings upon request.
• Services will be billed on a time and materials basis. • PlaceWorks will conduct Phase 1 Environmental Site Assessments for City site acquisition projects in accordance with ASTM and
USEPA Standards and Practices for All Appropriate Inquiries.
If you have any questions or want to discuss the scope of work, please contact Patrick at (916) 822-1822 or phindm
,11sh@Plc1cework,.com. Thank you for the opportunity to assist the City. We look forward to working with you again.
Sincerely,
PLACEWORKS
,. �, '
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7 • ,.. ,,:.-c.. v, .,. /
Mark Teague, AICP
Managing Principal
Patrick Hindmarsh
Project Manager
ITEM 16.6.
ATTACHMENT 2
1 October 7, 2022
Stephan Heisler, Housing Manager
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Re: Proposal to Provide Consultant Services for Environmental Review for the Mills Crossing Project
Dear Mr. Heisler:
Please accept the attached submittal as PlaceWorks’ proposal to provide Consultant Services for Environmental Review Mills Crossing Project.
PlaceWorks is one of the West’s preeminent planning and design firms, with approximately 130 employees in seven offices throughout California. Formerly known as The Planning Center|DC&E, PlaceWorks’ history dates back over 45 years. Serving both public- and private-sector clients throughout the state, PlaceWorks provides comprehensive planning, environmental review, urban design, landscape architecture, community outreach, and Geographic Information Systems (GIS) services. Our talented, multidisciplinary team thrives on working with communities to tackle complex problems and develop workable solutions.
To complement our in-house services, we are partnering with ECORP for biological resources, cultural resources, air quality and greenhouse gas emissions, and noise analysis. We believe this team of professionals is well suited to assist City staff with this project.
PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients. PlaceWorks brings together people from diverse practice areas, offering best-of-all-worlds capability and connectivity.
Just as each place we work is distinctly different, so is our thinking.
Please do not hesitate to contact me if you need more information. The PlaceWorks team looks forward to working with you on this interesting and challenging project.
Sincerely,
PLACEWORKS
Mark Teague
ITEM 16.6.
ATTACHMENT 2
2 PLACEWORKS
EIR SCOPE OF WORK
Project Understanding and Assumptions
It is our understanding that the proposed would include the following components on an approximately 10-acre site:
1. COMMUNITY-COMMERCIAL BUILDINGS:
• 20,000 to 30,000 sq feet Community Health Clinic
• 30,000 to 40,000 sq feet Community Arts Center, with planned uses:
o flexible “black box” theater,
o artist studio workspaces
o classrooms
o rehearsal space
o gallery/exhibit spaces
• 30,000 to 50,000 sq feet Flex Community-Commercial Center, with planned uses:
o meeting hall
o commercial-community office and co-working hub, flexible meeting space o commercial teaching kitchen, maker space, and workforce training space o flexible small tenant uses such as AV Production/Podcast studio, day care/childcare, dance/movement, exercise center
o ancillary retail, e.g. café, fresh food market, food hall, professional services, etc.
2. HOUSING:
• 55-60 multi-family affordable apartments
• 50-60 zero lot line, townhouse-style for sale homes
3. PUBLIC OPEN SPACE:
• 1.3-1.5-acre neighborhood & community greens
• 0.8-1.0-acre plaza
4. PARKING STRUCTURE:
275-325 stall parking structure
The site was assumed for development in the General Plan. We proposed preparation of a Subsequent Environmental Impact Report (SEIR) based on the City’s General Plan EIR. Because the project site was assumed for development in the City’s General Plan, it is our opinion that certain footprint-related topics can be focused out in the EIR as adequately addressed in the General Plan EIR. The topics that we propose to focus out include aesthetics, agricultural resources, geology and soils, hazards, and hydrology and water quality, because the conditions related to these topics haven’t changed and the type of development proposed would not substantially change the level of impact relative to these topics. These topics will be addressed in a section of the SEIR titled “Effects Adequately Addressed in the General Plan ITEM 16.6.
ATTACHMENT 2
3 EIR.” This scope of works includes technical studies for certain footprint-related topics because site- specific information would be needed to disclose potential effects that were not addressed with adequate detail in the General Plan EIR for a project-specific analysis. Those include biological resources, cultural resources, air quality and greenhouse gas emissions, and noise analysis.
PROJECT TASKS
Task 1.1: Project Management, Administration, & Hearings. Mark Teague, AICP , will be the Principal in Charge and Patrick Hindmarsh will be responsible for managing the EIR. PlaceWorks will coordinate closely with the City to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers considering the project. To the maximum extent possible, we will coordinate throughout the process to streamline process and avoid or anticipate any changes that could result in delay. The scope assumes regular meetings with City to keep apprised of the update process.
PlaceWorks will attend up to two public hearings for certification of the EIR —two City Council hearings — to present the findings of the environmental review and respond to any CEQA-related questions from commissioners and City Council members. Four hours are assumed for each public hearing, which includes preparation of a PowerPoint, meeting preparation, and attendance time.
Task 1.2: NOP & Scoping Meeting. PlaceWorks will prepare a Notice of Preparation (NOP) of a Draft EIR.
The NOP will clearly identify the public review period, contact person, scoping meeting date, and address established for submitting comments on the project. As this EIR will be comprehensive, we recommend using the abbreviated Notice of Preparation method discussed in Section 15060(d) of the CEQA Guidelines that allows the City to dispense with an initial study. Our budget assumes that PlaceWorks will distribute the NOP to the State Clearinghouse, responsible and trustee agencies, and other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. It is assumed that the City will be responsible for all newspaper notices, site postings, internal distribution and any direct mailings, submittal to the County Clerk, and will post the NOP on the City’s website. The schedule for the NOP is based largely on when a project description can be developed. While the finer details of the project description can wait until the plan is drafted, the NOP needs to have sufficient detail to allow the public and agencies to understand the project. This will be particularly important for the areas where we want to refine the vision of the City.
PlaceWorks will organize and conduct one public scoping meeting to explain the CEQA process and the extent of the project. The scoping meeting is required by CEQA for a project of this type and is intended to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR.
We recommend that the formal scoping meeting be held one to two weeks after the release of the NOP so that the public has time to read through the NOP , and public concerns about environmental issues can be identified. As CEQA does not require a response to NOP comments, we will include a summary of them in the EIR, with reference to where each comment is addressed or an explanation for why it is not addressed (e.g., not an environmental issue).
Task 1.3: Technical Studies. PlaceWorks will team with ECORP for air quality (AQ), greenhouse gas emissions (GHG), noise, and biological and cultural resources. The following is a summary of the scopes used to prepare the budget estimates:
ITEM 16.6.
ATTACHMENT 2
4 Task 1.3.1: Cultural Resources Inventory. ECORP will conduct a cultural resources inventory of the Mills Crossing Project Area, which consists of approximately 9.7 acres of land at the corner of Folsom Boulevard and La Loma Drive in Rancho Cordova, Sacramento County.
The cultural resources inventory will be conducted by or under the direct supervision of a Registered Professional Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historical archaeology. This study will be conducted pursuant to compliance with the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations in 36 CFR 800.
ECORP will conduct a records search and literature review with the California Historical Resources Information System’s (CHRIS) North Central Information Center (NCIC). The CHRIS records search will identify the locations and extent of previous surveys conducted within 0.5-mile of the Project area and will determine if there are any known cultural resources (i.e., pre-contact [prehistoric] or historic archaeological sites or historic-period features) located within or near the Project area. ECORP will request a search of the Sacred Lands File from the California Native American Heritage Commission (NAHC). The Sacred Lands Files search will identify any known sensitive or sacred Native American resources located within or near the Project area that have been previously reported to the NAHC.
Where ground conditions can accommodate, ECORP will complete an intensive field survey using pedestrian transect intervals spaced 15 meters apart. The Project area will be examined for evidence of cultural resources, including pre-contact and historic-period (i.e., over 50 years of age) archaeological deposits and built environment features.
A summary of all findings will be provided in an inventory report, following OHP’s recommended content and format. The report will provide the historic context, regulatory context, as well as the methods, field results, and recommendations.
Task 1.3.2: Biological Resources Assessment/Preliminary Wetland Assessment. ECORP will conduct a biological resources assessment for the approximately 9.7-acre Mills Crossing project located in the City of Rancho Cordova, Sacramento County, California. ECORP will conduct a review of existing biological information in the region and documentation specific to the project, including a literature review. The literature review will include available information such as aerial photography and database queries of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), California Native Plant Society (CNPS), U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS) for potentially occurring special-status species in the vicinity of the project. This assessment will also include aerial photograph interpretation and a reconnaissance-level site investigation to identify and characterize vegetation communities present onsite and the approximate extent of potential aquatic resources (preliminary aquatic resources assessment). Vegetation communities, including riparian vegetation, will be assessed and mapped using the Manual of California Vegetation (Sawyer et al., 2009). The assessment will also include an evaluation of special-status species with potential to occur onsite based on the literature review and reconnaissance-level site visit.
A summary of the findings will be incorporated into the biological resources assessment report. The report will provide the regulatory context, as well as the methods, results, and recommendations for appropriate mitigation measures to address potential impacts to biological resources for incorporation ITEM 16.6.
ATTACHMENT 2
5 into the California Environmental Quality Act (CEQA) review document. Potential impacts to biological resources will be assessed using the CEQA Appendix G Checklist. As part of the biological resource assessment, ECORP will also identify the likely required permits and approvals to implement the project design and construct the project. This scope assumes that the project boundary will be provided in AutoCAD format to ECORP at the start of preparation, and that no changes to the original project boundary or land use components occur .
Task 1.3.3: Air Quality and Greenhouse Gas Emissions Assessment . ECORP proposes to evaluate potential air
quality and GHG emission-related impacts in a technical report. The analysis will be supported by modeling documentation, which would be included as an appendix to the technical report. The assessment of air quality and greenhouse gas (GHG) emissions will quantify emissions generated by the Proposed Project using the most recent version of the California Emissions Estimator Model (CalEEMod) modeling software.
CalEEMod is a statewide land use emissions computer model designed to quantify pollutant emissions associated with operations from a variety of land use projects. Project criteria air pollutant and GHG emissions will be compared to the thresholds of significance promulgated by the Sacramento Metropolitan Air Quality Management District (SMAQMD). The analysis will also describe and address the requirements set forth by the SMAQMD Guide to Air Quality Assessment in Sacramento County. Project consistency with the latest SMAQMD Air Quality Attainment Plans will also be evaluated. These include the Sacramento Regional 8-Hour Ozone Attainment and Reasonable Further Progress Plan (2015), the PM2.5 State Implementation Plan (2013), and the PM10 Implementation/Maintenance Plan and Re- Designation Request for Sacramento County (2010).
Tsk 1.3.4: Noise.
The evaluation of noise impacts associated with the Project will be completed by staff members who are noise experts. The applicable noise criteria for the Project area (i.e., the City of Rancho Cordova General Plan Noise Element and Municipal Code) will be reviewed and discussed for land uses adjacent to, and nearby, the Project Site as they will be the basis for the Project impact determination and whether mitigation is necessary. In order to establish the existing ambient noise levels currently experienced at the Project Site, and thus noise/land use compatibility for the proposed residential land uses, ECORP will conduct a noise survey involving a series of short-term (15-minute) baseline noise measurements at up to five separate locations in the Project vicinity. Additionally, one long-term (24-hour) ambient noise level measurement will be conducted on the Project Site.
Construction would occur during implementation of the Proposed Project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the anticipated equipment to be used. In order to evaluate the potential health-related effects (physical damage to the ear) from construction noise, construction noise will be evaluated in terms of hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at the nearby residences. In addition to construction noise, an analysis of vibration impacts will be prepared based on the California Department of Transportation’s vibration analysis guidance.
The evaluation of the Project’s contribution to noise increases over existing conditions will be addressed.
The analysis of onsite noise will rely on the SoundPLAN 3D noise model, which will be used to calculate the propagation/spread of onsite Project noise levels from onsite Project operations. The SoundPLAN 3D noise model predicts noise levels based on the location, noise level, and frequency spectra of the noise sources as well as the geometry and reflective properties of the local terrain, buildings and barriers. A ITEM 16.6.
ATTACHMENT 2
6 noise contour graphic will be prepared to depict the noise levels at the surrounding receptors. The modeling results and noise contour graphics will be discussed and summarized in the analysis.
Another major source of noise associated with the Project would be offsite automobile traffic. Potential noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format.
ECORP proposes to evaluate noise impacts in a technical report. Where appropriate, the analysis would be supported by modeling documentation, which would be included as an appendix to the report.
Task 1.4: Administrative Draft EIR. PlaceWorks will prepare an EIR in accordance with Section 15168 of the CEQA Guidelines. The EIR will rely on General Plan policies, existing regulations, ordinances, and adopted standards before recommending mitigation. Any mitigation measures will be discussed with the City to ensure that the measure is feasible. The completed Administrative Draft EIR (ADEIR) will be submitted to City staff for review and comment. As appropriate, PlaceWorks’ project manager will meet with City staff to discuss the comments and make changes to the EIR. PlaceWorks will prepare a Screencheck DEIR that incorporates modifications made to the ADEIR for the City to ensure that all agreed to revisions are incorporated prior to publication. It is assumed that review of the Screencheck DEIR will not result in any new technical analysis or substantial text revisions. For the purposes of this proposal, we assume that one round of review of the Screencheck Draft EIR by City staff will be necessary. Modification to the scope of work, budget, and time frame may be necessary if additional reviews are requested.
Task 1.5: Public Draft EIR. PlaceWorks will prepare the public Draft EIR for distribution and provide a draft Notice of Availability (NOA) for publication. Unless requested otherwise by the City, our budget assumes that PlaceWorks will reproduce and distribute the public draft EIR and NOA to the State Clearinghouse, responsible and trustee agencies, and other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. It is assumed that the City will be responsible for all newspaper notices and site postings, the County Clerk, and if necessary, will post the EIR on the City’s website.
Task 1.6: Final EIR/Response to Comments/Mitigation Monitoring and Reporting Program. PlaceWorks will prepare responses to comments received on the EIR during the 45-day public review period. The Response to Comments will contain an introduction describing the EIR public review process, copies of all comment letters received, written responses to comments, and revisions to the Draft EIR, if required.
PlaceWorks will also provide a draft of the Mitigation Monitoring and Reporting Program (MMRP).
Responses will be prepared by PlaceWorks, with input from the City, as needed. Responses will focus on comments that address the adequacy of the environmental document. Comments that do not address the adequacy of the EIR will be noted as such and no further response will be provided. As required by CEQA, responses to public agency comments will be provided to those agencies a minimum of 10 days prior to consideration of the project by the City Council.
Task 1.7: Findings of Fact and Notice of Determination. PlaceWorks will prepare draft findings of fact (FoF) for each of the significant impacts identified in the EIR and the determination as to whether those impacts would be reduced to below a level of significance by proposed mitigation measures. Coordinating with the City, PlaceWorks will also draft statement of overriding considerations for unavoidable significant impacts ITEM 16.6.
ATTACHMENT 2
7 that may be identified in the EIR. The FoF will be incorporated into the resolution(s) for approval of the project. PlaceWorks will draft the Notice of Determination (NOD) for the City to review before the City files the forms with the County Clerk.
ITEM 16.6.
ATTACHMENT 2
8 Budget Summary Totals
1.1 Project Management, Administration, & Hearings $8,374
1.2 NOP & Scoping Meeting $6,755
1.3 Technical Studies
1.3.1 Cultural Resources $11,275
1.3.2 Biological Resources $9,570
1.3.3 AQ/GHG $5,835
1.3.4 Noise $7,320
1.4 Admin Draft EIR $81,742
1.5 Public Draft EIR $6,814
1.6 Final EIR/ MMRP $19,268
1.7 Findings of Fact $9,741
Expenses $1,650
Totals $168,344
ITEM 16.6.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.7.
DATE: October 17, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Drew Hart, Senior Transportation Planner
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-219 WITH 50 CORRIDOR TRANSPORTATION
MANAGEMENT ASSOCIATION IN AN AMOUNT NOT TO EXCEED
$158,000 FOR TRANSPORTATION DEMAND MANAGEMENT
SERVICES FOR ENCOURAGEMENT AND EDUCATION OF
SUSTAINABLE TRANSPORTATION WITHIN THE CITY
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute a contract with 50 Corridor Transportation Management Association in a not to exceed amount of $158,000 for transportation demand management services.
BACKGROUND
The City of Rancho Cordova has created a partnership with the 50 Corridor Transportation Management Association (50 TMA) to provide programs and innovative solutions that encourage the use of sustainable modes of transportation such as active modes, carpooling, and transit. The 50 TMA provides services for communities in Rancho Cordova, Folsom, and unincorporated Sacramento County, along with private employers along the US-50 corridor.
The funding for this agreement comes from a levy on the communities contained within Transit Zones 1, 2, and 3.These funds are returned to source, therefore the services outlined in the attached agreement are limited to these communities.
The scope of services contained in the agreement include:
1- Demand Analysis and Performance Metrics. This task will collect available, anonymous data from Rancho Cordova residents to establish a baseline of information describing where people want and need to go. This data will help tell the story of current travel patterns and can inform decision making for future transportation investments.
City Council Staff Report - Page 2 of 2
2- Sustainable Trips. Ridershare matching, discount transit fare, encouragement and incentives, and guaranteed ride home services have proved to reduce private vehicle trips. This task will allocate resources to provide and market these proven strategies.
3- Active Transportation Events. Bicycle repair tune ups, family-friendly bike rides, and safety workshops have been well received in the communities. This task will continue these traditions along with additional events supporting May is Bike Month.
4- Smart Routes to School. This task takes the education and encouragement into the elementary schools of McGarvey Elementary School and Sunrise Elementary school which are located in the identified zones.
FISCAL IMPACT AND FUNDING SOURCE
The contract is not to exceed $158,000 funded by the annual levy and collection of charges for the Rancho Cordova transit related services benefit districts, Zone 1, 2, and 3. There is no impact to the City's General Fund.
ATTACHMENT(S)
1. Resolution
2. Contract No. 2022-219
ITEM 16.7. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-219 WITH 50 CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION IN AN AMOUNT NOT TO EXCEED $158,000 FOR TRANSPORTATION DEMAND MANAGEMENT
SERVICES FOR ENCOURAGEMENT AND EDUCATION OF SUSTAINABLE
TRANSPORTATION WITHIN THE CITY
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2022-219 with 50 Corridor Transportation Management Association for an amount not to exceed $158,000 for transportation demand management services that encourages and promotes sustainable transportation within the City for fiscal year 2022-23; and WHEREAS, the services provided will encourage walking and bicycling to school for the building of healthy habits and reducing traffic congestion; and WHEREAS, the services will encourage carpooling, taking transit, and bicycling to work through education and incentive programs; and
WHEREAS, the services will promote a positive image of the City and encourage thoughtful, sustainable travel behaviors; and
WHEREAS, the services will exceed the maximum amount the City manager has authorization to approve; and
WHEREAS, there are sufficient funds budgeted to cover the costs of the contract; and WHEREAS, this contract will be funded by the annual levy and collection of charges for the Rancho Cordova transit related services within benefit districts Zone 1 & 2.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute contract No. 2022-219 with 50 Corridor Transportation Management Association in an amount of $158,000 in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 16.7. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND
50 CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and 50 Corridor Transportation Management Association (“Professional”) as of July 1, 2022.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2023, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $158,000, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Professional’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed ONE HUNDRED FIFTY-EIGHT THOUSAND DOLLARS ($158,000).
Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.
Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or
▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
(“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Section 6. STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Drew Hart ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Professional shall be sent to:
Executive Director
50 Corridor TMA
Mail Only: 11230 Gold Express Drive, 310-263, Gold River, CA 95670 Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:
Drew Hart
Senior Transportation Planner, Public Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Last Revised January 2022
Professional Services Agreement between October 17, 2022 City of Rancho Cordova and 50 Corridor Transportation Management Association
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA PROFESSIONAL
______________________________ ______________________________ Cyrus Abhar, City Manager [NAME, TITLE]
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Professional Services Agreement between [DATE]
City of Rancho Cordova and ______________--Exhibit A Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
.
ITEM 16.7.
ATTACHMENT 2
Exhibit A - Scope of Services
Background
The purpose of this exhibit is to outline the Transportation Demand Management (TDM) services that the 50 Corridor Transportation Management Association (TMA) proposes to provide to the City of Rancho Cordova in Transit Zones 1, 2, and 3.
Rancho Cordova Transit Zones
Transit Zone 1
The boundaries of Transit Zone 1 and the former County Service Area 10 Benefit Zone 1 are congruent.
Transit Zone 1 covers the Zinfandel Special Planning Area, which is generally located south of International Boulevard, north of Mather Boulevard, east of Femoyer Street, and West of the Folsom South Canal.
Transportation service fees are levied annually from property owners within the Transit Zone, and this funding is earmarked for transit shuttle and other transportation demand management services described in the CSA Formation Report and in conditions of development included in County Ordinance No SCZ 2000-018 and related planning documents, including a Transportation System Management Plan and AQ-15 Plan.
Transit Zone 2
The boundaries of Transit Zone 2 and the former County Service Agreement 10 Benefit Zone 2 are congruent. Transit Zone 2 covers the Sunrise Douglas Community Plan and SunRidge Specific Plan Areas, which are generally located south of Douglas Boulevard (plus a small triangular section adjoining to the north), north of Kiefer Boulevard, east of Sunrise Boulevard, and west of Grant Line Road. Transportation service fees are levied annually from property owners within the Transit Zone, and this funding is earmarked for transit shuttle and other transportation demand management services described in the CSA Formation Report and in conditions of development included in County Ordinance SCZ 2002-014 and related planning documents, including a Transportation System Management Plan and AQ-15 Plan.
In particular, Transit Zone 2 has a targeted goal of 30% reduction in daily vehicle trips.
Transit Zone 3
Transit Zone 3 covers the Capital Village Area, which is generally located south of Disk Drive, north of International Drive, east of Zinfandel Drive, and west of Prospect Park Drive. Transportation service fees ITEM 16.7.
ATTACHMENT 2
are levied annually from property owners within the Transit Zone, and this funding is earmarked for transit shuttle and other transportation demand management services. 50 TMA History
The 50 Corridor TMA was founded in 1994 as the Folsom-Rancho Cordova-El Dorado Transportation Management Association. In its 28-year history, it has served as a public private partnership delivering programs and innovative solutions that empower people to choose modes of transportation that enhance economic, environmental and public health. This includes serving as the exclusive TMA to six different residential communities:
1. Capital Village (City of Rancho Cordova)
2. Folsom Plan Area (City of Folsom)
3. North Vineyard Station Specific Plan Area (Unincorporated Sacramento County)
4. Rosemont (Pilot) Community (Unincorporated Sacramento County)
5. Sunrise Douglas Community Plan/SunRidge Specific Plan Areas (City of Rancho Cordova)
6. Zinfandel Special Planning Area (City of Rancho Cordova) We also have member employers representing over 20,000 employees along the US-50 corridor and manage the Sacramento TMA, which represents over 90,000 employees within the City of Sacramento.
To all of these constituents, we serve as a point of reference for new innovations and options in sustainable transportation, providing information, education, and direct services to help residents and workers choose sustainable modes of transportation.
50 TMA Approach
The COVID-19 pandemic has forced us to rethink Transportation Demand Management; while the mass movement towards work-from-home means many people are no longer commuting regularly to an office or work site, it does not necessarily mean they are driving less. In fact, many studies show that work-from-home results in higher Vehicle Miles Traveled (VMT) because people make more trips, are less likely to trip-chain, and have more flexibility to carry out household-serving trips throughout the day. For these and other reasons, the 50 TMA does not limit our TDM approach to commute trips. Rather, we provide information and strategies to help individuals assess all of their travel habits and to identify those trips they can most conveniently shift to sustainable modes. We make these strategies broadly appealing so that everyone has an opportunity to shift their behavior and so that small changes by many people can create change at scale.
Our approach to TDM is backed by the latest research, including best practices, case studies, and academic literature. The gold standard reference for measuring trip reduction and VMT reduction effectiveness in our region is the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, published in August 2021 by the Sacramento Air Quality Management District, among other government agencies. Estimates of VMT reduction effectiveness included in the Scope of Services below are taken from this resource, unless otherwise footnoted.
2 ITEM 16.7.
ATTACHMENT 2
Scope of Services
The 50 Corridor Transportation Management Association will provide the City of Rancho Cordova the following scope of services for Transit Zones 1, 2, and 3 for July 2022 through June 2023. Costs include staff time per the billing rate summary, hard program costs, marketing, data purchase, and reporting.
Marketing costs include: printing, postage, and ad-buys. Hard program costs include but are not limited to: subsidies, event expenses (food, rentals, vendor services), and incentives. These costs are estimates; funds may be reallocated between tasks and zones with approval from the City.
Task 1 - Demand Analysis and Performance Metrics
Increasing transit service frequency has the potential to reduce VMT by more than 11%, while extending transit network coverage or hours can reduce VMT by nearly 5%. A best practice for transit planning or transportation demand management programming begins with a baseline understanding of where people want and need to go; in other words, where there is demand for travel. This task proposes to establish such a baseline of demand analysis, while also reviewing planning documents in order to align future TDM tasks with up-to-date information about travel behavior in each Transit Zone.
Work associated with this task would include the following:
● Review original Transportation Impact Analyses and associated planning documents and conditions of approval for each Transit Zone to understand vehicle trip estimates and trip reduction mandates.
● Analyze current travel behavior to and from each Transit Zone using (anonymized) big data from cell phones and other devices equipped with Location Based Services, which can be purchased from StreetLight Data, Inc. This data product includes trip origins and destinations by time of day for weekdays and weekend days, averaged over the course of a year or viewed seasonally and will allow us to see where there is the most demand for travel from residents of each Transit Zone and how those and other trips might best be served by transit and other TDM strategies.
Two years of data will be analyzed: 2019 to represent pre-pandemic travel behavior and 2022 to represent post-pandemic travel behavior.
● Deliver memo and slidedeck presentation to City staff detailing results of origin-destination analysis, including performance to date vis-a-vis trip reduction mandates, recommendations for TDM strategies to meet those mandates, and metrics for monitoring effectiveness moving forward.
● Memo and presentation will also highlight opportunities to improve transit service to each Transit Zone. Final memo will incorporate one round of consolidated comments from City staff.
Task 2 - Sustainable Trips
Trip reduction programs have been shown to reduce VMT by between 4% and 26% depending on the level of reporting and penalties for missing trip reduction targets. Such programs include a standard suite of TDM strategies, including:
● Rideshare matching
3 ITEM 16.7.
ATTACHMENT 2
● Discounted transit fare
● Encouragement and incentives for bicycling
● Vanpool coordination
● Guaranteed ride home
Marketing alone to support such strategies has been shown to reduce VMT by up to 4%. In fact, a pilot carried out in Rancho Cordova in 2003-2004 achieved a 4% reduction in VMT, or about 160,000 miles per year, through individualized marketing to promote light rail as an alternative to driving.1 Work completed towards this task will take this pilot as inspiration and draw on best practices from other TMAs around the country.
Community-based travel planning is a related trip-reduction strategy that can be integrated with our marketing efforts. This might include sending maps to residents’ homes that show transit routes and bikeways from their neighborhood to popular nearby destinations identified in Task 1. Such community-based travel planning has been shown to reduce VMT by over 2%.
Work associated with this task would include the following:
● Provide incentives to residents and employees within the Transit Zones when they carpool, walk, bike, and take transit. May also include subsidies for vanpools, carsharing, or electric mobility, such as in-home electric vehicle chargers and electric-assist bicycles when those subsidies are determined to be the most effective emissions reduction strategy for a household. ● Provide guaranteed ride home to support mode shift, including subsidized rides by Yellow Cab and Enterprise rental car to support residents when they choose sustainable modes and need a ride home. We will also expand this service to include Lyft and/or Uber rides for added convenience.
● Marketing for sustainable trips incentive programs and guaranteed ride home, as well as education around sustainable transportation options and community-based travel planning via direct mail, social media ads, email, and other marketing channels. New resident welcome packs and coordination with local real estate agents and developer staff. This task also includes staff time to administer incentives, guaranteed ride home, and develop and carry out related marketing campaigns.
Task 3 - Active Transportation Events
Reducing barriers to bicycling has been shown to reduce VMT by over 4%. Work associated with this task would include the following:
● Bicycle tune-ups, family-friendly bike rides, bike safety and education workshops, ebike demonstrations and test-rides, and/or ebike conversion workshops to encourage bicycling for public health, convert recreational riders into active transportation cyclists, and empower riders to make more trips by bicycling.
1 Federal Transit Administration Individualized Marketing Demonstration Program,2006. Available at:
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/IMDP_Final_Report.pdf 4 ITEM 16.7.
ATTACHMENT 2
● Support and promote May is Bike Month through Love to Ride online platform and in-person events.
● Marketing for active transportation events and education around active transportation options via direct mail, social media ads, email, and other marketing channels. ● Staff time to plan and carry out active transportation events and to develop and carry out related marketing campaigns.
Task 4 - Smart Routes to School
School pools and smart routes to school programs do not have quantified VMT benefits, according to the Handbook for Analyzing Greenhouse Gas Emission Reductions, but the Handbook does include the strategies as options that may have co-benefits when combined with other VMT reduction strategies. It also means there simply may not be enough research to support a quantified VMT reduction.
Work associated with this task would include the following:
● Continue trip tracking program at Robert J. McGarvey Elementary School, using Active4.me barcode scanning technology, 6th grade student leader volunteers, and parent volunteers.
Support the program with prizes, such as books and ice cream parties. Continue outreach to parents and faculty at Sunrise Elementary School about restarting their Smart Routes to School program, which was discontinued during the pandemic. (The fee estimate below does not include budget for Sunrise Elementary because they have not expressed interest in restarting the program at this time.)
● Continue bicycling education and safety programs at McGarvey Elementary School, including events to support Clean Air Day and May is Bike Month.
Task 5 - Project Management
Work associated with this task would include staff time to complete monthly invoices and periodic reports to City staff and/or City Council.
5 ITEM 16.7.
ATTACHMENT 2
CONTRACT NO.: 2022-219
Professional Services Agreement between [DATE]
City of Rancho Cordova and ______________--Exhibit B Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
ITEM 16.7.
ATTACHMENT 2
Exhibit B - Cost Estimate
Cost Estimate
Zone 1
Zinfandel/Stone
Creek
Zone 2
Anatolia
Zone 3
Capital
Village Total
Task 1 - Demand and
Performance $9,000 $13,000 $8,000 $30,000
Task 2 - Sustainable Trips $12,000 $47,000 $7,000 $66,000 Task 3 - Active Transportation
Events $10,000 $20,000 $7,000 $37,000
Task 4 - Smart Routes to
School $0 $10,000 $0 $10,000
Task 5 - Project Management $5,000 $6,000 $4,000 $15,000 Total $36,000 $96,000 $26,000 $158,000
Number of Households 1,705 6,733 1,064 9,502
Cost per Household $21 $14 $24 $17
Billing Rate Summary
Staff Position Hourly Rate Hourly Pay Range
Executive Director $150 $50 - $60
Part Time Staff (without benefits) Actual hourly wage x 2 $20 - $50 Full Time Staff (with benefits)
Actual hourly wage x
2.5 $25 - $50
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5039343.1
ITEM 16.7.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.8.
DATE: October 17, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-120 WITH CENTRAL VALLEY ENGINEERING
& ASPHALT, INC. IN AN AMOUNT NOT TO EXCEED $799,469 FOR
ON-CALL CONCRETE MAINTENANCE SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-120 with Central Valley Engineering & Asphalt, Inc. in an amount not to exceed $799,469 for on-call concrete maintenance services.
BACKGROUND
City staff released a Request for Bids document for on-call concrete maintenance services on September 2, 2022. The work scope includes repair, replacement and installation of sidewalks, gutters, curbs and medians in the public right of way. On-call contracts for concrete maintenance services improve safety and aesthetics by allowing repairs to be completed quickly and efficiently.
Bids for this contract were solicited on the City’s website, CIPList.com, the Rancho Cordova Chamber of Commerce, and the Sacramento, Placer and El Dorado County Builders Exchanges on September 2, 2022. Bids for the project were publicly opened on September 21, 2022. A total of three (3) bids were received. The lowest responsive bid was in the amount of $799,469 from Central Valley Engineering & Asphalt, Inc. The bid summary sheet is provided as Attachment 2.
FISCAL IMPACT AND FUNDING SOURCE
The contract will be funded by Measure A maintenance funds and has no impact to the general fund.
ATTACHMENT(S)
1. Resolution
2. Bid Summary
City Council Staff Report - Page 2 of 2
3. Contract No. 2022-120
ITEM 16.8. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-120 WITH CENTRAL VALLEY ENGINEERING & ASPHALT, INC. IN AN AMOUNT NOT TO EXCEED $799,469 FOR ON-CALL CONCRETE MAINTENANCE SERVICES
WHEREAS, the City solicited bids for on-call concrete maintenance services under the requirements of state law on September 2, 2022; and
WHEREAS, the City publicly opened bids on September 21, 2022; and
WHEREAS, the lowest responsive bidder was Central Valley Engineering & Asphalt, Inc; and
WHEREAS, the work scope includes repair, replacement and installation of sidewalks, gutters, curbs and medians in the public right of way; and
WHEREAS, adoption of this resolution will allow the City Manager to execute a three-year contract with Central Valley Engineering & Asphalt, Inc. in an amount not to exceed $799,469; and
WHEREAS, the services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, the contract will be funded by Measure A maintenance funds, 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 to execute Contract No. 2022-120 with Central Valley Engineering & Asphalt, Inc. in an amount not to exceed $799,469 in a form approved by the City Attorney for on-call concrete maintenance services.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on 17th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 16.8. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
On-Call Concrete Maintenance Services
Rancho Cordova City Hall
2729 Prospect Park Drive, Rancho Cordova, CA 95670
September 21, 2022 - 11:00 A.M.
Letter
Designation Contractor Bid Grand Total
Cost
Form
Bid
Schedule
Contractor's
License
DIR
Form
Experience
Qualification
Employee
Qualifications
Designation
of Subs
Operations
Plan
Exceptions to
Agreement
Bid
Bond
Non-Collusion
Affidavit
Signature
Page
A
Central Valley Engineering &
Asphalt, Inc. $799,469.00 X X X X X X NA X X X X X
B B & M Builders, Inc. $1,065,266.00 X X X X X X X X X X X X C Biondi Paving, Inc. $912,278.00 X X X X X X X X X X X X D
E
F
G
H
I
J
K
L
M
N
Attendees:
Kelly Thompson, Deputy City Clerk
Victor Ramos, Operations and Maintenance Technician
ITEM 16.8.
ATTACHMENT 2
CONTRACT NO. 2022-120
1898853.2
Construction Services Agreement between October 17,2022 City of Rancho Cordova and Central Valley Engineering & Asphalt, Inc Page 1 of 5
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND CENTRAL VALLEY ENGINEERING & ASPHALT, INC.
FOR ON-CALL CONCRETE MAINTENANCE SERVICES
TH
IS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Central Valley Engineering & Asphalt, Inc. (“Contractor”) as of October 17, 2022.
W I
T N E S S E T H:
WHE
REAS, the City Council for the City heretofore caused plans and specifications for On-Call Conrete Maintenance Services (“Project”) to be prepared, and therefore did approve and adopt said plans and specifications; and
WHE
REAS, the City Coun cil 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 WHE
REAS, the notice was published on September 2, 2022 on the City of Rancho Cordova website and on CIPList.com (“Notice”); and
WHE
REAS, 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 specificati ons, 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
WHE
REAS, 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 th e promises herein, it is mutually agreed between the parties hereto as follows:
Section 1. CONTRACT DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the “Plans and Specifications”.
Section 2. SCOPE OF WORK . The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2022-120 as provided for and set forth in said Plans and Specifications, which are hereby incorporated and made a part of this Agreement. All of the work done under this Agreement shall be under the supervision of and be performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
1898853.2
Construction Services Agreement between October 17, 2022 City of Rancho Cordova and Central Valley Engineering & Asphalt, Inc. Page 2 of 5 the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.
Section 3. C OMPLETION. Agreement shall be effective from the time at which the contract is fully executed through June 30, 2025, as described in Section 2.3 of the attached.
Section 4. PA YMENT. Attached hereto as Exhibit A and by reference incorpated, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement. Said sum shall be paid in accordance with Section 8 of the Standard Specifications. Actual payment will be based upon the quantities as measured in the field. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials. The total contract amount is set at a not to exceed amount of $799,469 for he term of this Agreement.
Section 5. P
REVAILING WAGES. T o 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 constructi on of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to California Labor Code Section 1770 et seq. and the Prevailing Wage Laws, or any act or omission of the City or the Contractor related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
1898853.2
Construction Services Agreement between October 17, 2022 City of Rancho Cordova and Central Valley Engineering & Asphalt, Inc. Page 3 of 5 that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.
Section 6. I
NSURANCE. The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker's compensation, and builders' risk insurance as required by the specifications.
Section 7. W
ORKERS’ COMPENSATION CERTIFICATION. By e xecution of this Agreement , the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Section 8. P
ERFORMANCE AND PAYMENT BO NDS. The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq., and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.
Section 9. I
NDEMNIFICATION.
9.1 C ontractor’s Performance . To the fullest extent permi tted by law, Contractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, including cost of defense, settlement, arbitration, and reasonable attorneys' fees arising out of, pertaining to, or resulting from the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the Contractor is legally liable under law, regardless of whether caused in part by a party indemnified hereunder.
9.2 PERS Indemnification. In t he event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
1898853.2
Construction Services Agreement between October 17, 2022 City of Rancho Cordova and Central Valley Engineering & Asphalt, Inc. Page 4 of 5
9.3 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.
Section 1 0. NONDISCRIMINATION AND EQUAL OPPORTUNITY . The Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee or applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including, but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.
Section 11
. MISCELLANEOUS PROVISIONS.
11.1 This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.
11.2 C
ontract Admini stration. This Agreement shall be administered by Operations & Maintenance Division Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
11.3 N otices. Any written notice to Contractor shall be sent to:
Warren Holt
Central Valley Engineering & Asphalt, Inc.
216 Kenroy Lane
Roseville, CA 95678
[email protected]
Any written notice to City shall be sent to:
Victor Ramos
City of Rancho Cordova
O&M Division
3303 Luyung Drive
Rancho Cordova, CA 95742
10.4 I
RS F orm W-9. Contractor shall complete and submit Internal Revenue Service Form W -9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
1898853.2
Construction Services Agreement between October 17, 2022 City of Rancho Cordova and Central Valley Engineering & Asphalt, Inc. Page 5 of 5 IN WITNESS WHEREOF , the City Cou ncil 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 Warren Holt, President
Date Date
Attest:
Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:
Adam U. Lindgren, City Attorney
Date
ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 5 of 41
Request for Bids City of Rancho Cordova
Sectio
n 2
SECTION 2
SCOPE OF SERVICES
2.1 WORK GUIDANCE
All work to be done by any Bidder selected to perform the work outlined in this RFB shall be guided by the:
• Count
y of Sacramento, Municipal Services, Standard Construction Specifications https://saccountyspecs.saccounty.gov/Pages/default.aspx • Standard
Specifications, State of California, California State Transportation Agency, Department of Transportation
http://ppmoe.dot.ca.gov/hq/esc/oe/construction_contract_standards/std_specs/2018_StdSpec s/2018_StdSpecs.pdf
and this
RFB, herein referred to as Special Provisions.
2.2 DESC
RIPTION OF WORK STANDARDS
All Bidders accept and confirm by submission of a signed bid in response to this RFB , that work to be performed by the selected Contractor is comprised of general concrete maintenance , including curb/gutter and sidewalk replacement, sidewalk saw-cutting, tree root removal, root barrier installation, and ADA ramp installation within the City, as further designated in this RFB.
City req
uires the selected Bidder to meet the following minimum standards:
Workma
nship: All materials and workmanship shall be of a quality that is equal or superior to any similar work considered by concrete maintenance contractors to be best practice. All work completed by selected Contractor shall be subject to inspection prior to payment being authorized. All work shall be conducted in a manner that least interferes with operation and public usage of the streets and sidewalks.
Safet
y: All services, supplies, and eq uipment must comply with the California Safety Division of Industrial Safety Orders and O.S.H.A. The Contractor shall p lan and conduct the work in a manner that will safeguard all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Regulations. The Contractor 's employees shall wear O.S.H.A. approved safety vests at all times during contract work , and noncompliance may result in work stoppage by the Contract Manager.
Hazar
ds and Vandalism: Any haz ards or acts of vandalism shall be reported immediately to the Contract Manager and followed up in writing. Hazards shall be remedied by the Contractor after approval is obtained from the Contract Manager. Hazards that create life-threatening situations or potential bodily harm shall be remedied immediately by the Contractor.
City P
olicy: Select ed Contractor shall be aware of, and shall comply with, City ordinances governing concrete maintenance work and traffic control regulations during work, as applicable to individual locations being
EXHIBIT A
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 6 of 41
Request for Bids City of Rancho Cordova
Section 2
Equipment: Select ed Contractor must furnish all tools and equipment needed to provide a high level of workmanship, ensure continuous and safe operation, and complete work per the current City and standard specifications. The City may require equipment demonstration during the selection process of this RFB , as outlined in Section 5, Bidder Experience and Operations Plan.
2.3 COMME
NCEMENT OF WORK
Bidders acknowledge that the submittal of a bid does not constitute any acceptance of work by the City.
Additionally, the receipt of an award of contract to any Bidder shall not constitute any authority to enter upon sites for work. Work shall commence only upon formal execution of a contract and work orders from the City.
The City plans to award a contract for On-Call Concrete Maintenance Services by October 17, 20 22.
Bidders acknowledge that they are prepared to execute a contract and begin prosecuting work within this time. Any Bidder unable to meet this timeframe shall not be considered for award.
2.4 TERM OF AGREEMENT
Any contract resulting from a submitted Bid is expected to be a three (3) year contract starting from the time at which the contract is fully executed. If mutually agreeable to both parties, any resultant contract may be extended for an additional one (1) year term. However, in no case shall the contract be extended more than two (2) additional years.
Failure of the Contractor to diligently prosecute the work as defined herein will be considered as grounds for termination of the contract.
Failure to provide an adequate working force shall be c onsidered as grounds for the termination of the contract.
This agreement may be terminated by the City upon sixty (60) calendar days prior to written notice addressed to the last known address of the Contractor. In the event of such termination, the Contractor shall be paid for all work that has been completed up to the effective date of such termination.
2.5 SUBCONTRACTORS
Bidders requiring additional services from subcontractors acknowledge that all proposed subcontractors shall adhere to the same work sta ndards as described in this RFB . Bidders further acknowledge that the selected Contractor shall be required to perform, with the Contractor 's own organization and employees, not less than fifty percent (50%) of the value of all work conducted under executed contract.
Any Bidder submitting bids for work that includes the use of subcontractors shall additionally submit a filled-out Section 5.4, Designation of Subcontractors.
2.6 ADDITIONAL CONTRACT PROVISION
Further Special Provisions guiding the execution of a contract for On-Call Concrete Maintenance Services are fully described in Appendix C, Additional Contract Provisions. The additional provisions as described in Appendix C include items such as Prevailing Wage, Payroll Records, Traffic Management, Regulations of Work, Payment, and other additional special provisions. Bidders ' attention is directed to review of these Additional Contract Provisions as they will be made part of the contract to be executed by the selected Contractor.
CONTRACT NO. 2022-120
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CONTRACT NO. 2022-120
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ATTACHMENT 3
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 25 of 41
Request for Bids City of Rancho Cordova
Appendix B
APPENDIX B
INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification, Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the agreement by the Contractor, his agents, representatives or employees. City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the City 's Risk Manager the insurance provisions in these requirements do not provide adequate protection for City and for members of the public, City may require Contractor to obtain insurance sufficient in coverage, form and amount to provide adequate protection. City 's requirements shall be reasonable but shall be imposed to assu re protection from and against the kind and extent of risks that exist at the time a change in insurance is required.
VERIFICATION OF COVERAGE
Contractor shall furnish the City with certificates evidencing coverage required below. Copies of required endorsements must be attached to provided certificates. The City 's Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk manager, the interests of the City and the general public are adequately protected. All certificates or evidences of self -insurance are to be received and approved by the City before performance commences. The City reserves the right to require that the Contractor provide complete, certified copies of any policy of insurance offered in compliance with these specifications. As an alternative to insurance certificates, the Contractor 's insurer may voluntarily provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by these specifications.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. GENERAL LIABILITY: Insurance Services Office 's Commercial General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operati ons, Products/Completed Operations, and Personal & Advertising Injury, without exclusions or limitations unless approved by City Risk Manager.
2. AUTOMOBILE LIABILITY: Insurance Services Office's Commercial Automobile Liability coverage form CA 0001, auto coverage symbol "1" (any auto). If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply.
3. WORKER'S COMPENSATION: Statutory requirements of the State of California and Employer' s Liability Insurance.
4. PROFESSIONAL LIABILITY or Errors and Omissions Liability insurance appropriate to the Contractor's profession.
5. UMBRELLA or Excess Liability policies are acceptable where the need for higher liability limits is noted in the Minimum Limits of Insurance and shall provide liability coverages that at least follow form over the underlying insurance requirements where necessary for Commercial General CONTRACT NO. 2022-120
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Appendix B
Liability, Automobile Liability, Employer's Liability, and any other liability coverage designated under the Minimum Scope of Insurance.
MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liab ility shall be on an Occurrence basis (as opposed to Claims Made basis). Minimum limits and structure shall be:
General Aggregate: $2,000,000
Products Comp/Op Aggregate: $2,000,000
Personal & Adv. Injury: $1,000,000
Each Occurrence: $1,000,000
Fire Damage: $ 100,000
Building Trades Contractors and Contractors engaged in other projects of construction shall have their general liability Aggregate Limit of Insurance endorsed to apply separately to each job site or project, as provided for by Insurance Services Office form CG-2503 Amendment-Aggregate Limits of Insurance (Per Project).
2. Automobile Liability: $1,000,000 Combined Single Limit per accident for bodily injury and property damage.
3. Worker's Compensation: Statutory.
4. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
5. Professional Liability or Errors and Omissions Liability: $1,000,000 per occurrence.
DEDUCTIBLES AND SELF-INSURED RETENTION
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respect the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
CLAIMS MADE ON PROFESSIONAL LIABILITY INSURANCE
If professional liability coverage is written on a Claims Made form:
1. The "Retro Date" must be shown, and must be on or before the date of the Agreement or the beginning of the Agreement performance by Contractor.
2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of the Agreement.
3. If coverage is cancelled or non -renewed, and not replaced with another claims made policy form with a " Retro Date" prior to the contract effective date, the Contractor must purchase " extended reporting" coverage for a minimum of one (1) year after completion of the Agreement.
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Appendix B
OTHER INSURANCE PROVISIONS
The insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provisions:
1. ADDITIONAL INSURED STATUS: The City, its officers, directors, officials, employees, and volunteers are to be endorsed as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. The coverage shall contain no endorsed limitations on the scope of protection afforded to the City, its officers, directors, officials, employees, or volunteers. Applicable to General Liability, use ISO form CG 2010 11-85 only, and Auto Liability Policies.
2. PRIMARY INSURANCE : For an y
claims related to this agreement, the Contractor' s insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, directors, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it. Applicable to General Liability and Auto Liability policies.
3. FAILURE TO COMPLY : An y failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, directors, officials, employees, agents or volunteers. Applies to policies in which the City is named as an additional insured.
4. SEVERABILITY OF INTEREST : The Co n
tractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer 's liability. Applicable to General Liability and Auto Liability policies.
5. MAINTENANCE OF INSURANCE COVERAGE: The Contractor shall maintain all insurance coverages in place at all times and provide the City with evidence of each policy 's renewal ten (10) days in advance of its anniversary date. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, reduced in coverage, or reduced in limits, except after thirty (30) days ' written notice for cancellation or sixty (60) days ' written notice for non-renewal has been given to the City. For non-payment of premium 10 days' prior written notice of cancellation, certified mail, return receipt requested is required. Applicable to all policies.
6. WORKER'S COMPENSATION WAIVER OF SUBROGATION : The worker 's compensation policy required hereunder shall be endorsed to state that the worker 's compensation carrier waives its right of subrogation against the City, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this Agreement by the Contractor.
7. PROPERTY WAIVER OF SUBROGATION : Cou rs
e of construction policies shall contain the following
provisions:
a. The City shall be named as loss payee.
b. The in
surer shall waive all rights of subrogation against the City.
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8. CIVIL CODE PROVISION : Co v erage shall not extend to any indemnity coverage fo r the active negligence of the additional insured in any case where an agreement to indemnity the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
9. ACCEPTABILITY OF INSURERS : Ins u rance is to be placed with insur ers with a current A.M. Best' s rating of no less than A- VII. The City Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the City and the general public are adequately protected.
10. SUBCONTRACTORS: CON TRACTOR shall require all subcontractors to maintain adequate insurance.
Subcontractors shall name the CONTRACTOR as additional insured on their General Liability policies. CONTRACTOR shall maintain copies of certificates of insurance and additional insured endorsements as provided by its subcontractors. All subcontractors shall be subject to all terms and conditions stated herein.
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Request for Bids City of Rancho Cordova
Appendix C
APPENDIX C
ADDITIONAL SPECIAL PROVISIONS
C.1) PAYROLL RECORDS
Attention is directed to Section 1776 of the Labor Code of the State of California. Regulations complementing said Section 1776 are located in Section 16000 and Sections 16400 through 16403 of Title 8, California Administrative Code. The Contractor is required to comply with the provisions of Section 1776 of said Labor Code. The Contractor shall also be responsible for compliance by their subcontractors.
C.2) PREVAILING WAGE
See Section 5 in Appendix A.
C.3) PRESERVATION OF PROPERTY
Attention is directed to Section 13-1.01, " Preservation of Property " of the Standard Construction Specifications and these Special Provisions.
The Contractor shall take every precaution to protect all public and private property during the performance of this contract. Any damages caused by the Contractor 's personnel or equipment will promptly be repaired to the condition existing before the damage. If, in the opinion of the Contract Manager, repair is not possible, the damaged facilities will be replaced in kind and size. All costs for such repairs or replacements shall be the sole responsibility of the Contractor. Damages to City facilities due to the Contractor 's lack of performance in accordance with these specifications are th e Contractor 's responsibility.
C.4) TRAFFIC MAINTENANCE
The Contractor's attention is directed to Section 7 -1.04, "Public Safety," and Section 12, " Temporary Traffic Control," of the Standard Specifications, the Uniform Manual of Traffic Control Devices (the latest edition of the California Supplement), and these Special Provisions.
Typically, a minimum of one (1) traffic lane (not less than 3.66 m (12 feet wide), per directio n, shall be allowed for closure during construction activity, or as defined within the approved traffic control plan.
All other traffic lanes shall be open for public vehicular traffic at all times during non -construction activity. No work that interferes with public traffic shall be performed between 3:30 p.m. and 8:30 a.m. except work required under Section 7-1.03, "Public Convenience," and Section 7-1.04, "Public Safety" or by special approval of the Contract Manager.
Prior to performing any work, under this contract the Contractor shall prepare and submit a Traffic Control Plan (TCP) to the Contract Manager for review. Note: To avoid delays, the Contractor is encouraged to submit in advance, several standard TCP 's covering the most common maintenance situations anticipated, prior to the start of the contract period. ALL night work (if any) requires a MANDATORY Traffic Control Plan (TCP), for each occurrence.
If traffic controls are required for any operation under this contract to ensure the safety of w orkers and the public, a TCP must be submitted to the Contract Manager four (4) working days in advance of performing said operation. The Contractor must receive written approval from the Contract Manager, or their designee, prior to implementing any traffic controls and notify Police, and Fire at least twenty -four (24) hours in advance of implementing the traffic controls. Review and approval of a TCP by the Contract Manager, or their designee, is based upon general conformance with Federal, State , and loc al CONTRACT NO. 2022-120
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regulations and standards and does not relieve the Contractor of responsibility for the safety of its workers and the public.
If any component in the Contractor's traffic control system is displaced, damaged, or ceases to operate correctly, from any cause, during the life of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location, noncompliance may result in work stoppage by the Contract Manager.
The Contract Manager, or their designee, shall review and approve all TCPs on the basis of general conformance with applicable regulations and standards. Such review and approval of a TCP does not relieve the Contractor of responsibility for public and worker safety.
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work, and no separate payment will be made, therefore.
C.5) REGULATIONS AND CONDUCT OF WORK
The Contractor shall plan and conduct the work to comply with local, State, and Federal government agencies' applicable rules, regulations, codes, and ordinances to adequately safeguard pe rsons and property from injury. The Contractor shall direct the performance of the work in compliance with reasonable safety regulations and work practices, and with applicable federal, state, and local laws, rules and regulations including but not limited to "Occupational Safety and Health Standards" promulgated by the U.S. Secretary of Labor, and Safety Orders of the California Division of Industrial Safety.
C.6) PERSONNEL
All work shall be performed by qualified and trained personnel with a minimum of two (2 ) years of experience in concrete maintenance. Experience must include use of typical tools and operation of commonly used equipment. All workers shall be neat and orderly in appearance.
C.7) SUPERVISION
The Contractor shall provide a competent superintendent during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. The Contractor shall furnish the names of all such superintendents to the Contract Manager prior to the commencement of this contract and further advise of any changes.
C.8) DISMISSAL OF UNSATISFACTORY EMPLOYEES
The Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Contract Manager, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, does not meet safety requirements or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Contractor shall remove an unsatisfactory employee from contract sites immediately following notification.
C.9) PAYMENT
Attention is directed to Section 8, " Measurement and Payment ," of the Standard Construction Specifications. The following shall be substituted with regard to invoicing procedure.
At the end of each month, the Contractor shall submit invoice(s) to the City for routine and emergency maintenance work approved by the City.
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The Contractor's invoice shall include:
• Invoice Number
• Invoice Date
• City's Contract Number
• Period Service Provided (Date from – Date to)
• A breakdown of each work order completed with a description of the work performed, the quantity of the work performed, unit cost, and total cost for the work performed.
Billing shall be submitted to the following address:
City of Rancho Cordova
Public Works Department
3303 Luyung Drive
Rancho Cordova, CA 95742
ATTN: Victor Ramos
C.10) WITHHOLDING OF PAYMENT
For work deemed by the Contract Manager, or their designee, as not meeting the requirements of the specifications, the City shall withhold payments or percentages thereof for work not completed, or until work is completed as per contract specifications. The City shall withhold payments or percentages thereof for work that is not completed on schedule.
C.11) FAILURE TO PERFORM
If the Contractor, or his representative, fails to perform in accordance with the terms and conditions of this contract, the Contract Manager will specify the reasons and locations as applicable by written correspondence. Failure by the Contractor to correct any deficiencies within one (1) calendar week of notification may result in withholding of payment. Failure by the Contractor to correct any deficiencies within two (2) calendar weeks or more may result in formal written warning ( 60-day notice) to the contractor specifying that such deficiencies must be corrected. Failure by the contractor to correct such deficiencies within the 60-day specified time period may result in termination of this contract.
In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination. Any damages to property caused by the contractor's inability to meet specification shall be recovered by withholding payments. The Contractor and his surety shall be liable and assessed for any and all costs for the re -procurement of the contract services and damages to City facilities or plant materials.
C.12) INSPECTION
The Contractor m ight receive an inspection report from the Contract Manager. This form will indicate any deficiencies in the work performance of the C ontractor. The Contract Manager may inform the Contractor by telephone of urgent deficiencies for immediate attention or repairs. Inspection by City staff might occur the following day the Contractor has serviced the areas.
The l ack of inspections by the City staff does not relieve the Contractor of his obligations to provide services as required by these specifications. Lack of receipt of inspection reports does not relieve the Contractor of his duties to provide services as required by these specifications.
C.13) COMPLIANCE WITH STANDARD TERMS & CONDITIONS
You agree to be bound by our standard contract conditions, a sample of which is attached to this RFB (Appendix A), and to all other terms and conditions in this RFB.
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C.14) INSURANCE
The Contractor, upon being notified of being awarded the contract, shall have their Certificate of Insurance delivered to the City of Rancho Cordova Public Works Department, 3303 Luyung Drive, Rancho Cordova, CA 9 5742, Attn: Victor Ramos . The Contractor's insurance shall comply with all insurance requirements as shown in Appendix B. No goods or services shall be rendered by the contractor until a valid Certificate of Insurance is on file with the City of Rancho Cordova.
C.15) INDEMNITY
The Contractor indemnifies the City as stated in Section 9 of Appendix A.
C.16) CODES AND LEGAL REQUIREMENTS
(a) All reference to codes, specifications, and standards in the contract documents shall mean, and are intended to be, the latest editions, amendments, and/or revisions of such reference documents in effect, as of the date of this contract.
(b) Authorities shall apply the minimum work requirements available to any work done for this project. Nothing described in these contract documents shall be construed to permit work not conforming to the most stringent of applicable codes and regulations.
(c) When contract documents call for materials or construction of better quality or larger size than required by applicable codes, laws, rules or regulations, the contract documents shall take precedence.
C.17) TERMINATION
Any contract resulting from this RFB may be canceled by either party upon sixty (60) calendar days advance notice in writing.
C.18) SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 12-1.09 B, "Noise" of the Standard Construction Specifications.
The noise level from the Contractor's operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 15 m (50 feet). Said noise level requirement shall apply to all equipment on the work or related to the work, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the pro tection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.
C.19) COOPERATION
Attention is directed to Section 5 -5, "Cooperation with Other Entities," of the Standard Construction Specifications.
The Contractor shall notify United Service Alert (USA) prior to commencing any excavation:
Underground Service Alert (USA) – 811.
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C.20) PUBLIC CONVENIENCE
Public convenience shall conform to the provisions in Section 7 -1.03, "Public Convenience," of the Standard Specifications. The Contractor shall limit his operations to weekdays between the hours of 7:00 a.m. to 6:00 p.m. unless otherwise approved by the Contract Manager.
No work will commence before 8:30 a.m. on the City 's main arterial and collector street without prior written approval by the Contract Manager.
Temporary closure of driveways may be allowed subject to the advance written approval of the affected property owners and the Contract Manager. Prior to the closure of a driveway, the Contractor shall coordinate and notify the property owner at least twice of such closure. The Contractor shall deliver closure notices to residents and operators of commercial properties seventy -two (72) hours prior to each closure, (twenty-four (24) hour notice for emergency repairs).
It is the Contractor's responsibility to provide and accommodate all residents, operators of commercial properties, and property owners' specific needs for driveway and pedestrian access at all times.
Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.
C.21) OBSTRUCTIONS
Attention is directed to the presence of overhead and underground utilities in the construction sites.
The Contractor shall exercise due caution in performing work so as not to damage the utilities. The work specified shall be so conducted by the Contractor as to permit the utility companies to maintain their services without interruption. Utilities which are to remain in place shall be worked around and protected from damage or interruption of service. The Contractor shall coordinate his work with the utility companies where utilities are to be relocated or set to grade.
The toll-free number for Underground Service Alert (U.S.A.) is 811 . The Contractor shall take adequate measures to ensure that their operations do not harm any existing underground facilities not specifically mentioned or shown on the plans.
Construction area signs shall be furnished, installed, maintained, and removed when no longer required by the Contractor following the provisions in Section 12, "Safety, Public Convenience, and Tra ffic Control," of the Standard Construction Specifications.
Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.
C.22) WATER POLLUTION CONTROL
Water pollution control work shall conform to the requirements in Section 13, "Water Pollution Control," of the Standard Specifications, and these Special Provisions.
As part of the water pollution control work, a Water Pollution Control Program, hereafter referred to as the "WPCP," is required for this contract. The WPCP shall be prepared in accordance with the State' s Storm Water Quality Handbooks, SWPPP and WPCP Preparation Manual, current addition.
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Implementation, inspection, maintenance, and modification of the WPCP shall be in accordance with the States's Storm Water Quality Handbooks, Construction Site Best Management Practice Field Manual and Trouble Shooting Guide, current addition.
Copies of the above State handbooks may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520.
The Contractor s hall become fully informed of and comply with the applicable provisions of the Handbook and Federal, State , and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction.
Unless arrangements for disturbance of areas outside the project limits are made by the City and made part of the contract, it is expressly agreed that the City assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits.
The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control, " including, but not limited to, compliance with the applicable provisions of the Handbook and Federal, State, and local regulations. For the p urposes of this paragraph, costs and liabilities include but are not limited to fines, penalties , and damages whether assessed against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved , and no additional compensation will be allowed, therefore.
C.23) QUANTITIES
The quantities shown in the Bid S chedule are given to provide Bidders with an indication of potential work and the order of magnitude and scope of work. The actual amount of work done under this contract may differ from the quantities shown. The City does not expressly or by implication agree th at the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as directed by the Contract Manager.
C.24) MOBILIZATION
Mobilization shall be in accordance with Section 8 -1.03, "Payment for Mobilization ," of the Standard Construction Specifications.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract ite ms of work involved , and no additional compensation will be allowed, therefore.
C.25) WORK ORDER
Requests for maintenance are made via a Work Order (WO). WOs are originated by City staff during normal City business hours in response to observed or reported maintenance deficiencies. While initial contact with the Contractor may be directly by phone, this will always be followed up with a written WO. Delivery of the written WO 's shall be via email and will be made directly to Contractor or CONTRACT NO. 2022-120
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designated Supervisor. Requests for services after working hours, on weekends, and on holidays will be forwarded from the City 's Emergency On-Call representative to the contractor by phone. A written WO will be generated on the next regular business day and sent via email.
C.26) EMERGENCY WORK
Definition: Emergency Work includes unforeseen/unscheduled maintenance -related tasks that must be performed on short notice due to potential impacts on public safety and convenience. This item is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in two (2) hour or less from the time of notification. The Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day, seven days a week, including Holidays.
Tasks: Generally, Emergency Work procedures shall include, but is not limited to, the following steps:
• Receipt and confirmation of the requested task; and
• Initial response to maintenance site and evaluation of problem & site conditions; and • Implementation of appropriate traffic controls; and
• Perform the requested task; and
• Field check for proper operation and restore the site to a safe condition.
Response: An e mergency response may be initiate d by the City or the Contractor (if an emergency condition is observed in the field and upon notification provided to the City). The Contractor shall provide emergency response 24 hours per day, seven days per week, including holidays. The response time sequence is as follows:
• The Contractor must have a supervisor available at all times; and • The Contractor shall make the site safe immediately or as soon as possible; and • The Contractor shall immediately advise the City of any emergency by phone and follow u p with a written report (email) by the end of the next business day; and • Corrective action shall be taken immediately.
The Contractor shall be able to provide all necessary materials, equipment, and labor in the time frames referenced above.
C.27) DUST CONTROL
Attention is directed to Section 17, " Dust Control, " of the Standard Construction Specifications. The Contractor shall be responsible for dust control. The Contractor shall diligently control dust resulting from operations and from public traffic passing through the work area by the application of water and/or dust palliative. Dust palliative shall conform to Section 17 -2, "Dust Palliative," of the Standard Construction Specifications.
The Contractor shall provide dust control at all times , including Saturdays, Sundays, and holidays.
Whenever the Contractor shall appear negligent in controlling dust, the Contract Manager may direct attention to the existence of a dust hazard and instruct the Contractor to alleviate the dust hazard immediately.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved , and no additional compensation will be allowed, therefore.
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C.28) CLASS 2 AGGREGATE BASE
Aggregate base shall be Class 2 and shall conform to Section 22 -2, "Aggregate Base," of the Standard Construction Specifications, Section 26, "Aggregate Bases," of the Standard Specifications.
Aggregate base shall be produced from commercial quality aggregate consisting of broken stone, crushed gravel, clean, rough- surfaced gravel and sand, or a combination thereof. The grading of the material shall be three -fourth inch (3/4 ") maximum. Spreading and compacting shall be performed by methods that will produce a uniform base when firmly and properly compacted free from pockets of coarse or fine material.
The Contractor shall insure the subbase is compacted to the requirements set forth in Section 25, "Aggregate Subbases," of the Standard Specifications before placing the aggregate base.
The aggregate base and aggregate subbase shall be placed in layers not to exceed 5" thick and shall have relative compaction of 95% Class 2 aggregate. An a ggregate base that is used to provide temporary access to work areas, driveways and all necessary work shall be paid for by the Contractor.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work in volved, and no additional compensation will be allowed, therefore.
C.29) CONCRETE STRUCTURES
Concrete structures shall consist of PCC Curb Ramps, PCC Curb, Gutter and Sidewalk , and Type 4A Curb.
All concrete structures shall be constructed in accordance with the details in Appendix D and Section 27, "Curbs, Gutters, Sidewalks, and Drainage Structures" of the Standard Construction Specifications.
New concrete shall be sprayed uniformly with a clear curing compound. The material, method, and rate of application shall conform t o Section 90 -1.03B(3), "Curing Compound Method, " of the Standard Specifications, except that only non -pigmented curing compounds conforming to the requiremen ts of ASTM Designation: C 309, Type 1, Class B, or of AASHTO Designation: M 148, Type 1-D, shall be used.
Should lawn sod removed during excavation operations not be suitable for replacement in its original location due to Contractor negligence, new sod shall be furnished and placed by the Contractor at his expense to the satisfaction of the Contract Manager. The Contract Manager shall determine if new sod shall be required. Yard drain pipes and sprinkler heads and lines shall be protected from damage. Sewer shall also be protected from damage and remain free of debris. Any damage shall be repaired at the Contractor's expense to the satisfaction of the Contract Manager.
The Contractor shall diligently prosecute the work without delays until comp letion once an existing facility has been disturbed. A facility is defined as one distinct location proposed for improvements. The Contractor shall finish improvements within ten (10) working days per location. The commencement of days will begin when demolition takes place and will end when the facility is complete in place, open for pedestrian traffic, barricades are removed , and the location is inspected and accepted by the Contract Manager.
PCC Sidewalk
The new back of sidewalk shall match existing concrete driveways and walkways within a one-half inch (1/2") without adjusting the cross -section. Expansion joints shall be constructed at twenty -foot (20 ') intervals. Control joints and scoring shall match th e adjacent sidewalk. Boundaries of sidewalk removed shall be saw cut unless directed otherwise by the Contract Manager.
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ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 37 of 41
Request for Bids City of Rancho Cordova
Appendix C
In locations where the existing sidewalk has a cross slope greater than two percent (2%), the C ontractor shall construct a four-foot transition from the existing cross slope to the standard one and a half percent (1.5%) cross slope. The Contractor can match the existing cross slope if the PCC sidewalk removal and replacement area is twelve (12) feet or less.
PCC Curb Ramp
No utility pull box, utility pole, traffic signal pull box, traffic signal pole foundation, or any other facility that is visible on or above the surface of a curb ramp may be located within the area of a curb ramp. For the purpose of these specifications, the area of the curb ramp shall be the area including and bounded by the one -foot (1') wide tactile strip on either side of the inclined portion of the ramp, the curb and gutter section and the curb along the back of sidewalk.
All PCC curb ramps shall be constructed in accordance with this section, the details in Appendix D and all applicable Federal, State , and local codes and regulations. Any variations from the details or code requirements must be approved in writing by the Contract Manager prior to starting demolition.
Sidewalk ramps shall have three feet by four feet (3 'x4') cast in place prefabricated detectable warning surface composed of vitrified polymer including aluminum oxide and shall be " Armor-Tile" or approved equal conforming to the applica ble Detail, in the " 4 Series Drawings: Streets " of the Standard Construction Specifications or approved equal. The detectable warning surface's color shall be yellow.
PCC Curb and Gutter
Expansion joints shall be constructed at twenty -foot (20 ') intervals. Control joints and scoring shall match adjacent curb and gutter. The new back of curb shall match the existing concrete driveways and walkways. Minor adjustments of the height of curb may be required within one -half inch (1/2") without adjusting the cross-section.
Remove & Replace PCC Sidewalk (4" thick)
The price paid per square foot for Remove & Replace PCC Sidewalk (4 " thick) includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in constructing sidewalk, curb and gutter complete in place, including saw cutting, excavation, aggregate base, formwork, finishing and curing the concrete, furnishing and placing expansion joint material, and repairing any damage, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
Remove & Replace PCC Sidewalk (6" thick)
The price paid per square foot for Remove & Replace PCC Sidewalk (6 " thick) includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in constructing sidewalk, curb and gutter complete in place, including saw cutting, excavation, aggregate base, formwork, finishing and curing the concrete, furnishin g and placing expansion joint material, and repairing any damage, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
Remove and Replace Curb Access Ramp
The Contract unit price paid per square foot for re move and replace Curb Access Ramp shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing the sidewalk ramp complete in place, including excavation, placing aggregate base, preparing the subgrade, all formwork, finishing and curing the concrete, scoring, dowels, placing the detectable warning surface, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 38 of 41
Request for Bids City of Rancho Cordova
Appendix C
Remove & Replace Type 1A PCC Curb and Gutter
The Contract unit price paid per lineal foot for Remove & Replace Type 1A PCC Curb and Gutter shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing curb and gutter, complete in place, excavation, aggregate base, including preparing grade, all formwork, finishing and curing the concrete, scoring, furnishing and placing dowels and epoxy, curb and gutter testing, and repairing an y damage, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
Remove & Replace Type 2 PCC Curb and Gutter
The Contract unit price paid per lineal foot for Remove & Replace Type 2 PCC Curb and Gutter shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing curb and gut ter, complete in place, excavation, aggregate base, including preparing grade, formwork, finishing and curing the concrete, scoring, furnishing and placing dowels and epoxy, curb and gutter testing, and repairing any damage, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
Remove & Replace Type 3 PCC Curb
The Contract unit price paid per lineal foot for Remove & Replace Type 3 PCC Curb and Gutter shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing curb and gutter, complete in place, excavation, aggregate base, including preparing grade, all formwork, finishing and curing the concrete, scoring, furnishing and placing dowels and epoxy, curb and gutter testing, and repairing any damage, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
Remove & Replace Type 4A PCC Curb
The Contract unit price paid per lineal foot for Remove & Replace Type 4A PCC Curb and Gutter shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing curb and gutter, complete in place, excavation, aggr egate base, including preparing grade, all formwork, finishing and curing the concrete, scoring, furnishing and placing dowels and epoxy, curb and gutter testing, and repairing any damage, as specified in these Specifications and Special Provisions, and as directed by the Contract Manager.
C.30) AC REPAIR ADJACENT TO CURB/RAMP
Asphalt Concrete shall conform to Section 23, " Asphalt Concrete, " of the Standard Construction Specifications and these Special Provisions.
Type "A" asphalt concrete shall be used. The paving aggregate shall be a one-half inch (1/2") maximum, medium gradation. The paving asphalt shall be viscosity grade PG 64 -10 as spe cified in Section 92, "Asphalts Binders," of the Standard Specifications.
The minimum pavement replacement section shall consist of a twenty -four-inch (24") wide pavement section of three inches (3") Type "A" asphalt concrete over six inches (6") of Class 2 aggregate base.
The contract unit price paid per square foot of AC Repair Adjacent to Curb/Ramp shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in producing, providing, and placing asphalt concrete and aggregate base as specified in the Standard Construction Specifications, these Special Provisions, and as directed by the Contract Manager.
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 39 of 41
Request for Bids City of Rancho Cordova
Appendix C
C.31) TREE ROOT TRIM AND BARRIER PLACEMENT
Removal of tree roots shall conform to Section 15, " Clearing and Grubbing, " of the Standard Construction Specifications, these Special Provisions, and as directed by the Contract Manager. The Contractor shall remove tree roots where noted in the " Tree Root Trim" section of the "Locations List" found in these Special Provisions.
The Contractor shall retain, at his sole expense, a certified Arborist (issued from the International Society of Arboriculture or approved equal) to provide tree and tree root inspection services. The Arborist shall inspect trees and tree roots when required by the Contractor or the Contract Manager.
The Arborist shall provide written tree care and tree root -cutting recommendations for each tree specified.
Tree roots shall be n eatly trimmed when recommended by the Arborist and approved by the Contract Manager. Roots shall be neatly trimmed by means of a root cutter , and roots greater than two inches in diameter shall be coated with a heavy coat of an approved tree seal compound or shall be as recommended by the Arborist.
Roots shall be removed in such a manner as not to injure adjacent standing trees, plants, and other landscaping which are to be preserved. Hand digging within the root zone is required in order to expose roots with minimal damage. The root zone is defined as the area of ground within the dripline of the tree and extending to a depth of 24 inches. Tree roots over 12 inches below grade may be left in place. If severing of roots cannot be avoided, a sharp tool such as pruning shears, loppers, or a handsaw shall be used to produce a clean cut in order to reduce wound size and encourage healing. The Inspector shall observe all root trimming activities. A maximum of 25% of the root mass may be trimmed and treated with root barrier.
Aggregate base shall be compacted around remaining roots to required density.
Install root barrier in accordance with the manufacturer's instruction.
All material shall be removed from the right -of-way and shall become the property of the Contractor.
Lawn sod removed during excavation operations which is not suitable for replacement in its original location due to Contractor negligence shall be replaced with new sod by the Contractor at his expense to the satisfaction of the Contract Manager. The Contract Manager shall determine if new sod shall be required. Yard drain pipes and sprinkler heads, and lines located near the existing tree shall be protected from damage. Sewer cleanouts near existing trees shall also be protected from damage and remain debris-free. Any damage shall be repaired at the Contractor's expense to the satisfaction of the Contract Manager.
The contract unit price paid per linear foot of Tree Root Trim and Barrier Placement shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Tree Root Trim and Barrier Placement including but not limited to tree root removal, excavation, and barrier placement and sod replacement as specified in th e Standard Construction Specifications, these Special Provisions, or as directed by the Contract Manager.
C.32) SIDEWALK HORIZONTAL CUTTING
Sidewalk cutting shall provide for the temporary or permanent elimination of a lifted sidewalk, up to two (2) inches in height, on a public sidewalk caused by the vertical displacement of the surface. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
On-Call Concrete Maintenance Services Page 40 of 41
Request for Bids City of Rancho Cordova
Appendix C
Cutting shall be done by means of a hand -held electric powered equipment, capable of cutting at any angle and able to remove the concrete completely to all edges of the trip hazard and around objects that may be encountered. A vacuum and other applicable measure shall be implemented to minimize dust from the cutting operation. The finished surface shall be to the satisfaction of the Contract Manager.
C.33) METHACRYLATE RESIN BRIDGE DECK TREATMENT (POC)
Methacrylate treatment shall conform to Sectio n 60 -3.03B, "Methacrylate Resin Bridge Deck Treatment," of the Standard Specifications and these Special Provisions.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved , and no additional compensation will be allowed, therefore.
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
Concrete Maintenance Services Page 41 of 41
Request for Bids City of Rancho Cordova
Appendix D
APPENDIX D
STANDARD DETAILS
CONTRACT NO. 2022-120
ITEM 16.8.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.9.
DATE: October 17, 2022
TO: Honorable Mayor and Council Members
FROM: Lorianne Ulm, Community Engagement Analyst II
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT NO. 2022-212 WITH
REBUILDING TOGETHER SACRAMENTO IN AN AMOUNT NOT TO
EXCEED $300,000 FOR FUNDING THE REBUILDING TOGETHER
SACRAMENTO CRITICAL REPAIR PROGRAM
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-212 with Rebuilding Together Sacramento to provide critical repair services to residences owned by low and moderate-income persons, the elderly, or disabled, in the City of Rancho Cordova, which will benefit the City of Rancho Cordova and its residents by increasing the health and safety of residents of Rancho Corodva.
BACKGROUND
On June 20, 2022, the City Council approved Resolution No. 118-2022, for projects and programs to be funded from the approved Measure R 1/2 cent sales tax measure. Exhibit A to Resolution No.118-2022 allocated $500,000 for community development, community building, community service activities, and beautification projects, programs, and incentives.
In an effort to provide additional support to our community, city staff is working closely with Rebuilding Together Sacramento to provide critical repair and maintenance work on residences owned by low and moderate-income persons, the elderly, or disabled, in the City of Rancho Cordova, which will benefit the City of Rancho Cordova and its residents by increasing the health and safety of residents of Rancho Corodva.
FISCAL IMPACT AND FUNDING SOURCE
The contract will be funded through Measure R, Community Enhancement and Investment Funds.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Rebuilding Together Sacramento CEIF Funding Agreement
ITEM 16.9. 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 ENTER INTO AN
AGREEMENT WITH REBUILDING TOGETHER SACRAMENTO IN AN AMOUNT NOT TO EXCEED $300,000 FOR FUNDING THE REBUILDING TOGETHER SACRAMENTO
CRITICAL REPAIR PROGRAM
WHEREAS, the City of Rancho Cordova will enter into an Agreement with Rebuilding Together Sacramento in an amount not to exceed $300,000 for the Rebuilding Together Sacramento Critical Repair Program; and
WHEREAS, these services will exceed the maximum amount the City manager has authorization to approve; and
WHEREAS, funding for the Contract Agreement will be from Measure R, Community Enhancement and Investment Funds.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-212 in and amount not to exceed $300,000 for funding of the Rebuilding Together Sacramento Critical Repair Program. In the form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
2022/23 Funding Agreement Between September 20, 2022
the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Repair Program Page 1 of 5
AGREEMENT BETWEEN CITY OF RANCHO CORDOVA
AND REBUILDING TOGETHER SACRAMENTO
FOR USE OF CITY FUNDS
This Agreement is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Rebuilding Together Sacramento, a California Nonprofit Corporation (“Provider”) (each may herein be referred to as a “Party” or collectively as “Parties”) as of November 1, 2022.
Whereas, City has allocated City funds to Provider for the purpose of supporting critical repair and maintenance work to be performed on residences owned by low- and moderate- income persons, the elderly, or disabled, in the City of Rancho Cordova, which will benefit the City of Rancho Cordova and its residents by increasing the health and safety of residents of Rancho Cordova and increasing property values; and
Whereas, there are many uncertainties with the COVID-19 pandemic, and while California has moved past its “Blueprint for a Safer Economy,” there may be future state and/or Sacramento County actions and/or orders which may restrict or prohibit certain activities.
City and Provider agree as follows:
1. Programs and Services. Provider will provide the services described in Exhibit A, entitled “Scope of Services.”
2. Term. The term (the “Term”) of this Agreement shall be as set forth in Exhibit A.
3. Funding and Use of Funds. City has allocated funds to Provider in the amount of Three Hundred Thousand Dollars $300,000. The funds shall be disbursed to Provider as set forth in Exhibit A and shall be used by Provider solely for the purposes, and subject to the terms, set forth in Exhibit A.
a. Failure to use the funds for the purposes described in Exhibit A and pursuant to the terms of this Agreement shall be considered a material breach of this Agreement.
Provider shall reimburse City for such funds and may be required to reimburse City for all funds allocated.
b. Minor changes in the use of funds may be approved in writing by the City Manager or his or her designee. “Minor” means a change of use for no more than thirty percent (30%) of the funds allocated to Provider, or a change which does not alter the core objectives of the service provided with the funds.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
2022/23 Funding Agreement Between September 20, 2022
the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Repair Program Page 2 of 5
4. Unexpended Funds. If any funds advanced to Provider remain unexpended upon the expiration of the term of this Agreement, Provider shall return the unexpended funds to City within thirty (30) days of the expiration date of the Agreement.
5. Timeliness. Due to the ongoing uncertainty caused by the COVID-19 pandemic, grantees will have sixty (60) days following the receipt of their grant funding Agreement to provide the required insurance documents and IRS Form W-9 to the City needed to execute the Agreement. This is being done to help mitigate delay of the project and/or the inability to complete the project during the proposed Term.
6. Maintenance and Use. [INTENTIONALLY OMITTED]
7. Documents, Reports and Records.
7.1 Record Retention. Provider shall always maintain a complete and current set of financial and statistical records of all its activities which shall clearly reflect the application and use of the funds received from City. All expenditures of the funds granted pursuant to this Agreement must be only for the items set forth in Exhibit A hereto and must be documented by receipts, cancelled checks, credit card statements, or other evidence acceptable to City, which clearly document the amount and purpose of the expenditure. Expenditures for which there is no documentation are not eligible for funding under this Agreement.
7.2 Inspection of Records. All records required to be retained pursuant to Section 7.1 shall be subject to inspection or audit by City at any reasonable time during the normal and usual business hours of Provider. Recognizing, however, that Provider may from time-to-time render services to recipients that are personal and confidential in nature, City will always maintain that confidentiality and will not require a public record to be made or provided that would serve to violate the confidentiality requirements of Provider. Any inspection or audit shall be made by City’s Finance Director, or a designee of the Finance Director.
7.3 Required Reports. Provider shall file Exhibit B, “Report Of Use of City Funds,” with the City on or before the dates set forth on Exhibit A. If payments of City funds are to be distributed in more than one installment, distribution of the second and any subsequent distributions will not be made until any required reports have been filed and approved by the City Manager or his or her designee. Provider shall file Exhibit C, “Outcomes Report,” with City on or before the date set forth on Exhibit A. Provider shall file the Reports with the City as set forth in Section 14, Notices, below.
8. Non-Discrimination. Provider agrees that in the performance of this Agreement and in the provision of any services funded in whole or in part by the grant made by City to provider pursuant to this Agreement, Provider shall not discriminate against any employee, recipient of Provider’s services, or any other person, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, gender, or sexual orientation. In the event that Provider is a religious organization, Provider shall also not condition receipt of any of the services funded by the grant made pursuant to this Agreement upon participation in any religious instruction or service.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
2022/23 Funding Agreement Between September 20, 2022
the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Repair Program Page 3 of 5
9. Indemnification. Provider shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Provider or its employees, subcontractors, volunteers, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Provider shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers; and (2) the actions of Provider 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 Provider 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 Provider 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 such insurance policies shall have been determined to apply. By execution of this Agreement, Provider acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
10. Insurance. Provider shall comply with the insurance requirements contained in Exhibit D, “Insurance Requirements,” and shall procure, at its own cost and expense all insurance coverages listed in Exhibit D before commencing services, projects, or programs with allocated City funds. Provider shall provide proof of such coverage, including certificates of insurance and endorsements, prior to receiving City funds.
11. Attribution. Provider shall include the following language in all printed materials or electronic communications promoting or describing the programs and services to be provided pursuant to this Agreement: “Supported in part by the Measure H Community Enhancement and Investment Fund from the City of Rancho Cordova.” That language shall be in proportional type size to the total area of the printed material. If the funds provided herein are used to build or install a structure or improvement to property or a building, including, but not limited to, building improvements, playground or sports facilities, or art installations, or is used to fund the purchase of a vehicle on which signage will be placed, Provider shall include the attribution noted above on a permanent sign located at the site of the project or the signage located on the vehicle.
12. Provider Not an Agent. Except as City may specify in writing, Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
2022/23 Funding Agreement Between September 20, 2022
the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Repair Program Page 4 of 5
13. 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. Notices. Any approval, document, or other notice which either party may desire to give to the other party under this Agreement must be made in writing and may be given by first class mail, postage prepaid, or reputable overnight delivery service or personal delivery addressed to the party to whom the notice is directed as set forth below, or at any other address as that party may later designate:
City of Rancho Cordova: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attn: City Manager
To Provider: Rebuilding Together Sacramento
P.O. box 255584
Sacramento, CA 95865
Any written notice, demand or communication shall be deemed received immediately if delivered by hand or upon the third day from the date it is postmarked if delivered by first class, registered or certified mail.
15. Interpretation. This Agreement will be performed entirely within California and shall be construed in accordance with the laws of the State of California and any action to enforce the terms of this Agreement must be brought in the court of competent jurisdiction for the County of Sacramento, State of California.
16. Attorneys’ Fees. In the event any proceeding or action is brought in connection with the enforcement of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs, including those on appeal.
17. Amendments. The Parties may amend this agreement only by a writing signed by all Parties.
18. Integration. This Agreement, including Exhibits A, B, C, and D, attached hereto, and incorporated herein, represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral.
19. IRS Form W-9. Provider shall complete and submit Internal Revenue Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have the ability to waive this requirement.
Signatures on following page.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
2022/23 Funding Agreement Between September 20, 2022
the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Repair Program Page 5 of 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY: PROVIDER:
______________________ ________________________
Cyrus Abhar Carrie Grip
City Manager Executive Director
Date: ___________ Date: _____________
Attest:
_____________________
Stacy Leitner, CMC
City Clerk
Date: ____________
Approved as to Form:
______________________
Adam U. Lindgren, City Attorney
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit A to 2022/23 Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 1 of 4
EXHIBIT A
SCOPE OF SERVICES
Address: P.O. Box 255584, Sacramento, CA 95865
Telephone: 916-455-1880 ext. 2
Email: [email protected]
Contact Person/Title: Carrie Grip/ Executive Director
Funding Allocation: $300,000
Term: November 1, 2022 – October 31, 2024
1. Services to be Provided: Provider shall use the funds to provide critical health and safety repairs to eight to twelve (8-12) homes per contract year throughout the City. Each year during the Term of this Agreement, Provider will primarily utilize volunteers, and may use some paid labor to perform extensive health, safety, and efficiency repairs for homes owned by residents with low or moderate income. Work performed will vary based upon the needs of each individual home, but may include, but not be limited to water heaters, plumbing, electrical, roofs, and heating and air conditioning, appliance replacement, and accessibility modifications.
Any major existing code violations shall be addressed so the home is code compliant with both the California Building Code and Rancho Cordova Municipal Code when the work performed by Provider is complete.
2. Units of Service to be Provided: See above.
3. Use of Funds: Provider shall use the funds as follows:
Year One (November 1, 2022 – October 31, 2023)
$44,000 Project Management (Personnel, Insurance, Mileage, Office Cost) $106,000 Home Related Expenses (supplies, contractors, equipment, permits, equipment rentals, house testing, abatement, and volunteer support) $150,000 Total
Year Two (November 1, 2023 – October 31, 2024)
$44,000 Project Management (Personnel, Insurance, Mileage, Office Cost) $106,000 Home Related Expenses (supplies, contractors, equipment, permits, equipment rentals, house testing, abatement, and volunteer support) $150,000 Total
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit A to 2022/23 Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 2 of 4 Funds can be used for improvements made to homes within Rancho Cordova throughout the term of this Agreement.
Provider shall meet with the City Manager, or designee, sixty (60) days prior to the end of year 1 of this Agreement to evaluate Provider’s performance and the success of the program offered. If the City, in its sole discretion, determines that the services have not been successful at providing enhanced programming, the City may terminate this Agreement. a. The amounts listed above are estimates of the expenditures and may vary.
However, the amount may not vary by more than thirty percent (30%) (with City Manager approval) unless the Agreement is amended. In no event shall the City’s total distribution of funds to Provider under the Agreement exceed the total allocation shown above.
b. Unexpended Funds. If any funds advanced to Provider remain unexpended upon the expiration of the term of this Agreement, Provider shall return the unexpended funds to City within thirty (30) days of the expiration date of the Agreement.
c. In the event that the costs to perform the items of work set forth herein exceed the amount of funds granted to Provider, Provider shall be responsible for the payment of all costs in excess of the funds granted.
d. Prevailing Wages. To the extent required by law, Provider and all of the Provider’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. The Provider 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 Provider related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit A to 2022/23 Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 3 of 4 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 Provider 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 Provider, of any of the insurance policies described in this Agreement.
4. Eligibility Criteria for Qualification of Recipients for Services: The services funded through this Agreement must be provided to low or moderate-income, owner-occupied homeowners residing in the City of Rancho Cordova. Structure types include single-family, manufactured, or mobile homes, duplexes, and townhouse units.
Provider shall keep documentation confirming eligibility requirements were met by recipients.
5. Allocation and Payment of Funds: City shall distribute the funds to Provider as follows: City shall pay Provider for the items set forth in Section 3, above, based on monthly invoices establishing that reimbursable costs have been incurred. Provider shall submit invoices no more frequently than once per month.
In the event that any Report for Use of City Funds and/or Outcomes Report which is due to be filed prior to the date upon which a distribution is otherwise due, has not been timely filed, City shall not be obligated to make any additional distributions based on the submission of invoices until two weeks after the date on which the delinquent reports are received by City and have been reviewed and been determined to comply with the requirements of this Agreement.
All requests for the payment of funds shall be due to City by the termination date of this Agreement. The City acknowledges, however, that there may be circumstances when Provider may be unable to do so because it may not yet have received an invoice from a vendor prior to that date. In that case Provider may submit a final request for payment within sixty (60) days after the termination date of the Agreement. City shall not be required to make any payments based on requests submitted more than sixty (60) days after the termination date.
6. Reports: Provider shall file the following reports (each a “Report” and collectively the “Reports”) with City on the dates set forth below:
6.1 Report for Use of City Funds: May 31, 2023, October 31, 2023, May 31, 2024, and October 31, 2024. The Reports shall include copies of documentation for all expenditures of the funds granted pursuant to this Agreement. Such documentation may include receipts, cancelled checks, credit card statements, or other evidence acceptable to City, and must clearly document the amount and purpose of the expenditure. Expenditures which are not so documented are not eligible for funding under this Agreement. If all funds granted herein have been fully documented in the May of 2024 report, then the final Use of Funds Report is not required to be submitted in October of 2024.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit A to 2022/23 Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 4 of 4
6.2 Outcomes Report: May 31, 2023, October 31, 2023, May 31, 2024, and October 31, 2024. The Reports shall describe the services and/or programs provided, number of participants or attendees, and include photographs. If all funds granted herein have been fully documented in the May of 2024 report, then the final Outcomes Report is not required to be submitted in October of 2024.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit B to 2022/23 to Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 1 of 1
EXHIBIT B
REPORT FOR USE OF CITY FUNDS
Address: P.O. Box 255584, Sacramento, CA 95865
Telephone: 916-455-1880 ext. 2
Email: [email protected]
Contact Person/Title: Carrie Grip/ Executive Director
Report Due Date: May 31, 2023, October 31, 2023, May 31, 2024, and October 31, 2024 Report Accounting Period: November 1, 2022 – May 31, 2023 (Report 1), June 1, 2023 – October 31, 2023 (Report 2), November 1, 2023 – May 31, 2024 (Report 3), June 1, 2024 – October 31, 2024 (Report 4).
City funds received during reporting period:
City funds expended during reporting period (please attach all receipts and proof of payments made using City funds): [this should include a total and what it was spent on, including any line items, if applicable, and attach receipts or proof of expenditures] Units of service provided during this period (if applicable):
Units of service provided to City Residents during this period (if applicable):
The Reports shall include copies of documentation for all expenditures of the funds granted pursuant to this Agreement. Such documentation may include receipts, cancelled checks, credit card statements, or other evidence acceptable to City, and must clearly document the amount and purpose of the expenditure. Expenditures which are not so documented are not eligible for funding under this Agreement. If all funds granted herein have been fully documented in the May of 2024 report, then the final Use of Funds Report is not required to be submitted in October of 2024.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit C to 2022/23 to Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 1 of 1
EXHIBIT C
OUTCOMES REPORT
Address: P.O. Box 255584, Sacramento, CA 95865
Telephone: 916-455-1880 ext. 2
Email: [email protected]
Contact Person/Title: Carrie Grip/ Executive Director
Report Due Date: May 31, 2023, October 31, 2023, May 31, 2024, and October 31, 2024 Report Accounting Period: November 1, 2022 – May 31, 2023 (Report 1), June 1, 2023 – October 31, 2023 (Report 2), November 1, 2023 – May 31, 2024 (Report 3), June 1, 2024 – October 31, 2024 (Report 4).
[Provider should submit a narrative of any measurable outcomes achieved or goals met] The Reports shall describe the services and/or programs provided, number of participants or attendees, and include photographs. If all funds granted herein have been fully documented in the May of 2024 report, then the final Outcomes Report is not required to be submitted in October of 2024.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit D to 2022/23 to Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 1 of 4
EXHIBIT D
INSURANCE REQUIREMENTS
Before beginning any work or expending any City allocated funds under this Agreement, Provider, at its own cost and expense, shall procure “occurrence coverage” insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services hereunder by the Provider and its agents, representatives, employees, volunteers, and subcontractors. Provider shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Provider shall maintain the insurance policies required by this section throughout the term of this Agreement. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
City may approve reduced coverage amounts after review by the Finance Director and City Attorney.
1.Workers’ Compensation. Provider shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Provider. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Provider may rely on a self-insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Provider, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
Provider shall notify City within fourteen (14) days of notification from Provider’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits.
The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance shall be waived by the City upon written verification that Provider does not have any employees.
2. General/Commercial Liability Insurance.
2.1General requirements. Provider, at its own cost and expense, shall maintain commercial general liability or general liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability or general liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general or
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit D to 2022/23 to Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 2 of 4 general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
2.2Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Provider, including the insured’s general supervision of Provider; products and completed operations of Provider; premises owned, occupied, or used by Provider; and automobiles owned, leased, or used by the Provider. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of Provider to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Provider shall notify City within fourteen (14) days of notification from Provider’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
2.3Sexual Molestation and Abuse Coverage. [INTENTIONALLY OMITTED].
3.Automobile Liability Insurance.
3.1General requirements. When applicable, Provider, at its own cost and expense, shall maintain automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit D to 2022/23 to Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 3 of 4 performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
3.2Minimum scope of coverage. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
3.3Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Provider, including the insured’s general supervision of Provider; products and completed operations of Provider; premises owned, occupied, or used by Provider; and automobiles owned, leased, or used by the Provider. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of Provider to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.All Policies Requirements.
4.1Verification of coverage. Prior to beginning any work under this Agreement, Provider shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
4.2Subcontractors. Provider shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
ITEM 16.9. ATTACHMENT 2 Contract No.: 2022-212
Exhibit D to 2022/23 to Funding Agreement Between September 19, 2022 the City of Rancho Cordova and Rebuilding Together Sacramento – Critical Home Repair Page 4 of 4
4.3Deductibles and Self-Insured Retentions. Provider shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Provider may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Provider procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4Waiver of Subrogation. Provider hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Provider agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Provider, its employees, agents, and subcontractors.
4.5Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Provider shall provide written notice to City at Provider’s earliest possible opportunity and in no case later than five (5) days after Provider is notified of the change in coverage. 5180989.1
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.10.
DATE: October 17, 2022
TO: Honorable Mayor and Council Members
FROM: Amanda Norton, Economic Development Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-225 WITH SACRAMENTO MUNICIPAL UTILITY DISTRICT (SMUD) IN AN AMOUNT NOT TO EXCEED $250,000 TO
PAY FOR RANCHO CORDOVA COMMERCIAL UTILITY
ARREARAGE PAYMENTS
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of Resolution would authorize the City Manager to Execute Contract No. 2022-225 with Sacramento Municipal Utility District (SMUD) in an amount not to exceed $250,000 to pay for Rancho Cordova commercial utility arrearage payments.
BACKGROUND
In March 2020, a state and local emergency was declared in response to the emergence of COVID-19. Subsequent State and local health orders were implemented to prevent the spread of COVID-19 and led to the inability of certain businesses to open and required others to operate under a limited capacity. As a result, many local businesses fell behind on their monthly payment obligations, such as utilities. The City is developing various COVID relief programs for the economic benefit of its citizens and businesses; as the financial effects of COVID-19 continue to loom over local businesses The City Council desires to authorize financial assistance for businesses and other organizations that were financially impacted by COVID-19, specifically those who fell into arrears on utility payments.
The Sacramento Municipal Utility District is engaged in the business of providing electric utility services to most of Sacramento County, as well as small portions of Placer and Yolo counties.
As outlined in an Interagency Agreement for the Disclosure of Customer Information, the City obtained SMUD customer information in furtherance of the City’s official duties to determine potential recipients of financial assistance. The potential recipients are local small businesses that have remained open despite the surmounting challenges of the COVID-19 pandemic. The list also includes small businesses who have established payment plans in an effort to reestablish good standing on their electricity bill. All accounts were not previously in arrears and fell into arrears between March 1, 2020 through August 15, 2022 during the COVID-19
City Council Staff Report - Page 2 of 2
pandemic. In the Utility Assistance Agreement between the City of Rancho Cordova and SMUD (“Agreement”), the City would be assisting small businesses who have continued to stay in operation despite the pandemic and SMUD will write off accounts for businesses that have subsequently closed and would have gone into collection. The assistance to small businesses will include customers who have not been able to pay their electricity bill and those who have entered into payment plans to try to bring their SMUD account current.
The Agreement would assist roughly 200 small businesses still in operation and an additional 120 business owners who had to close because the effects of COVID-19 were insurmountable.
On average, the small businesses included in this agreement are $1,200 in arrears on their utility payments. This Agreement will not exceed $250,000 in one-time funds available through the American Rescue Plan Act of 2021 and Measure R.
FISCAL IMPACT AND FUNDING SOURCE
Funding for Contract No. 2022-225 with SMUD will come from ARPA and Measure R.
ATTACHMENT(S)
1. Resolution
2. Utility Assistance Agreement between City of Rancho Cordova and SMUD
ITEM 16.10. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT 2022-225 WITH SACRAMENTO MUNICIPAL UTILITY DISTRICT IN AN AMOUNT NOT TO EXCEED $250,000 FOR SMALL BUSINESS UTILITY ARREARAGE PAYMENTS
WHEREAS, in March of 2020, a State and local emergency was declared in response to the emergence of COVID-19; and
WHEREAS, subsequent state and local health orders implemented to prevent the spread of COVID-19 led to the inability of certain businesses to open and required others to operate in a limited capacity. As a result, many local businesses fell behind on their monthly payments obligations, such as utilities; and
WHEREAS, the City is developing various COVID relief programs for the economic benefit of its citizens and businesses; and
WHEREAS, the financial effects of COVID-19 continue to loom over local businesses, and the City Council desires to authorize financial assistance for businesses and other organizations that were financially impacted by COVID-19, specifically those who fell into arrears on utility payments; and
WHEREAS, SMUD is a municipal utility district engaged in the business of providing electric utility services to most of Sacramento County, as well as small portions of Placer and Yolo counties; and
WHEREAS, pursuant to an Interagency Agreement for the Disclosure of Customer Information between the Parties, on September 1, 2022, the City obtained SMUD customer information in furtherance of the City’s official duties to determine potential recipients of financial assistance; and
WHEREAS, the City has allocated $248,333.65, available through the American Rescue Plan Act of 2021 and Measure R, for the purposes of assisting local businesses who went into arrears in their monthly utilities obligations, for the period between March 1, 2020, through August 15, 2022.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-225 with Sacramento Municipal Utility District in an amount not to exceed $250,000 for Small Business Utility Arrearage Payments in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of October 2022 by the following vote:
AYES:
NOES: