Agenda packet — Rancho Cordova City Council, February 21, 2023 (part 1 of 2)

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, February 21, 2023
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

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

Members of the public who wish to provide public comment via email will need to submit written comments to [email protected] no later than 3:00 p.m. on Tuesday, February 21, 2023. Written comments received no later than 3:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 3:00 p.m. will be distributed to the Council.

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

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Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, February 21, 2023

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

All public comments will be limited to three-minutes.

If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 before Tuesday, February 21, 2023, at 3:00 p.m.

AGENDA

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

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

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

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

3. PLEDGE OF ALLEGIANCE

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

4. INVOCATION

Julie Steinbach of the United Methodist Church of Ranhco Cordova, will give the invocation.

5. PRESENTATIONS

5.1. New Employee Introductions: Katrina Colvig, Administrative Assistant I by Karin Hayden, Administrative Assistant II and Haley Arata, Deputy City Clerk by Stacy Leitner, City Clerk.

6. PUBLIC COMMENT

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

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

For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.

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

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Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, February 21, 2023

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7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

8.1. Update on Assembly Bill 2449 Implementation.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of February 6, 2023.

Recommendation: Adopt the Minutes.

9.2. Subject: A Resolution Authorizing an Application to and Participation in the Prohousing Designation Program.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Authorizing Application for the Prohousing Incentive Pilot Program.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution of the City Council of the City of Rancho Cordova Approving the Final Map of Rio Del Oro Lot 66, Subdivision No. FM-2019-004-06 and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2023-04 With Alta Vista, LLC.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Approve a Five-Year Contract for Janitorial Services and Maintenance for all Buildings Operated by the City with the Easter Seals Superior California for an Amount not to Exceed $1,275,000.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract Amendment 2022-01-02 with FBD Vanguard Construction to Increase the Contract Amount from $884,964.56 to an Amount not to Exceed $1,023,340.16 for the Construction of the Cordova School Zones Project.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the Public Works Director to Issue a Reimbursement to Lennar Homes of California, LLC in the Amount of $1,290,497 from the Storm Drainage Impact Fee Program.

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-18 with Wood Rodgers, Inc. in an Amount not to Exceed $687,484 for Civil Engineering Design and Environmental Services for the Monier Circle Flood Control Basin Project.

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution Authorizing the City Manager to Approve the Third Amendment to a Contract with Shums Coda to Modify Exhibit B to Update the Billing Rates.

Recommendation: Adopt the Resolution.

9.10. Subject: A Resolution Authorizing the City Manager to Execute a Third Amendment to the Contract with Sytech Solutions to increase the amount from $95,000 to $345,000, extend the Term of Services, and update Billing Rates.

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Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, February 21, 2023

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Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

10.1. Subject: A Resolution Vacating a Public Utility Easement Pursuant to the Provisions of Chapter 3, Part 3 of Public Streets, Highways, and Service Easements Vacation Law Commencing at Section 8320 of the California Streets and Highways Code (Easton Research Park West).

Recommendation: Adopt the Resolution.

11. PUBLIC HEARING ITEMS

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

Recommendation: Continue to the March 6, 2023, City Council Meeting.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Mills Crossing Project Update.

Recommendation: Receive presentation, provide feedback.

12.2. Subject: Proposed Neighborhood Traffic Management Program, Phase VI.

Recommendation: Receive staff presentation and provide comments on the proposed Phase VI Neighborhood Traffic Management Program (NTMP).

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

14. ADJOURN TO CLOSED SESSION

Mayor Budge will adjourn the meeting to closed session.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

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

16. CLOSED SESSION

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

16.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (One Case, relating to Notice and Alleged Default Under Development Agreement and 60-Day Period to Cure; Logisticenter Project at Corner of N. Mather Blvd. and Bear Hollow Drive from Arthur Coon, January 25, 2023).

17. OPEN SESSION - REPORT FROM CLOSED SESSION

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

18. ADJOURNMENT

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

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Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, February 21, 2023

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

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

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

UPCOMING MEETINGS
Febraury 28, 2023 5:30 PM Special Meeting/Work Session
March 6, 2023 4:00 PM Special Meeting/Regular Meeting
March 20, 2023 5:30 PM Regular Meeting
April 3, 2023 4:00 PM Special Meeting/Regular Meeting
April 11, 2023 5:30 PM Special Meeting/Work Session
April 17, 2023 5:30 PM Regular Meeting
May 1, 2023 4:00 PM Special Meeting/Regular Meeting
May 15, 2023 5:30 PM Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.

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

CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the February 21, 2023 Regular Meeting of the Rancho Cordova City Council was posted and available for review on February 17, 2023 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at

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Rancho Cordova City Council - AGENDA
Regular Meeting of Tuesday, February 21, 2023

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www.cityofranchocordova.org.

Signed February 17, 2023 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

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ITEM 9.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, February 6, 2023
3:00 PM – Special Meeting/Work Session
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Mayor Budge called the Special meeting to order in the David B. Roberts Council Chambers at 3:08 p.m.

Council Members Present: Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor Linda Budge
Council Members Absent: David Sander
Staff Members Present: Adam Lindgren, Stacy Leitner, Persephonie Riley. and Micah Runner

2. PUBLIC COMMENT

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

3. SPECIAL MEETING

3.1. Subject: Update on Ethics, Transparency, and Governance: Semi-Annual AB1234 Ethics Training.

Recommendation: Receive information and training.

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

ACTION: Training on Ethics, Transparency, and Governance: Semi-Annual AB1234 Ethics Trainign was received by Council and members of City staff.

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ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, February 6, 2023

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4. ADJOURNMENT OF SPECIAL MEETING

Mayor Budge adjourned to the regular meeting at 4:44 p.m.

5. REGULAR MEETING - CALL TO ORDER/ROLL CALL

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

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

6. METRO CABLE TV TELEVISION ANNOUNCEMENT

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

7. PLEDGE OF ALLEGIANCE

Stacy Delaney led the pledge.

8. INVOCATION

Dan DeShong with River City Christian Church will give the invocation.

9. PRESENTATIONS

9.1. Soil Born Farms Presentation

9.2. Employee Milestone Anniversary Presentation

9.3. Celebration of Council Member Terry's Birthday on February 8, 2023

10. PUBLIC COMMENT

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

1. Chris Martinez

2. James Garcia

3. Helen Whelan-Bashaw

4. Fayzah Mughal
Mayor Budge closed the public comment period.

11. COUNCIL REPORTS

Council reported on events since the last meeting.

12. CITY MANAGER'S REPORT

City Manager Micah Runner gave his report.

13. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

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

ACTION: Motion to approve items 13.1. through 13.3. by Sander second by Gatewood;

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ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, February 6, 2023

Page 3 of 5 ends

Motion passed with a 5:0 vote.

13.1. Subject: Meeting Minutes from the Regular City Council Meeting of January 17, 2023 and the Special Meetings of January 24 & 25, 2023.

Recommendation: Adopt the Minutes.

13.2. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Re- authorizing Remote Teleconference Meetings of the City Starting February 6, 2023.

Recommendation: Adopt the Resolution.

13.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-06 Between the County of Sacramento and the City of Rancho Cordova for Maintenance of Shared Transportation Facilities and Undeveloped Lot Adjacent to Citrus Road.

Recommendation: Adopt the Resolution.

14. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

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

ACTION: Motion to approve item 14.1. by Sander second by Gatewood; Motion passed with a 5:0 vote.

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

Recommendation: Approve the Resolution.

15. PUBLIC HEARING ITEMS

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

Recommendation: Continue to the February 21, 2023, City Council Meeting.

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

1. James Garcia

2. Paul Carroll

3. Eric Winegar

4. Holles Ahlstorm

5. Charlotte Coleman

6. Jim Zazzera

7. Salina Wong

8. Tera Kolvenbach

9. Kate Carroll

10. James Garcia

11. Sandra Brown

12. Sherry Benton

13. Alina Skye

14. Lynn Keay

15. Paul Carroll

16. Carmen McIntire

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ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, February 6, 2023

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17. Jonathan Lacoss

18. Kristi Talbert

19. Patricia Stewart

20. John Piatt

21. Pio Enriquez

22. Arthur Boganovich

23. Jilian Morinaga

24. Lysa Davis

25. Lori Ann Ball

26. Joe Bulloch

27. Kathryn Kurianowicz

28. Stanly A. Sedilko

29.Valerie Knippschild

30. Pamela Fuller

31. Jennifer Garcia

32. Angel Ball

33. Paul Carroll

35. Kate Carroll
Mayor Budge closed the public comment period.

ACTION: Motion to continue item 15.1. to the February 21, 2023 City Council meeting by Gatewood second by Sander;
Motion passed with a 5:0 vote.

16. REGULAR CALENDAR ITEMS

16.1. Subject: Proposed Municipal Code Amendments Permitting Short-Term Rental Property.

Recommendation: Receive presentation by staff, discussion and direction regarding regulating short-term rental property.

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

1. Fayzah Mughal

2. Angel Ball
Mayor Budge closed the public comment period.

ACTION: Input was received regarding the Proposed Municipal Code Amendments Permitting Short-Term Rental Property.

17. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

18. ADJOURN TO CLOSED SESSION

Mayor Budge adjourned the meeting to closed session at 7:23 p.m.

19. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Mayor Budge called closed session to order at 7:23 p.m.

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

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ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, February 6, 2023

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Council Members Absent: None.

Staff Members Present: Adam Lindgren, Stacy Leitner, Persephonie Riley. and Micah Runner

20. CLOSED SESSION

Council met in closed session to discuss the following item:

20.1. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (One Case, relating to Notice and Alleged Default Under Development Agreement and 60-Day Period to Cure; Logisticenter Project at Corner of N. Mather Blvd. and Bear Hollow Drive from Arthur Coon, January 25, 2023).

21. OPEN SESSION - REPORT FROM CLOSED SESSION

City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.

22. ADJOURNMENT

Mayor Budge adjourned the meeting in memory of Mary Virginia “Gena” Foote, Tom Hobday, Donald Clark, Paul Thompson at 9:20 p.m.
________________________
Stacy Leitner, CMC
City Clerk

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.2.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Ka Vang, Management Technician
Stefan Heisler, Housing Manager

SUBJECT: A RESOLUTION AUTHORIZING AN APPLICATION TO AND

PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize staff to submit an application to the Prohousing Designation Program, and if the application is approved by HCD, execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.

BACKGROUND

Rancho Cordova has an opportunity to gain a competitive advantage for critical grant funding by applying for a Prohousing Designation from the California Department of Housing and Community Development (HCD). The award of this designation would identify the City of Rancho Cordova as being committed to removing regulatory barriers to the creation of housing at all affordability levels.

In 2019, AB 101 established the Prohousing Designation Program (PDP) administered by the California Department of Housing and Community Development (HCD). The PDP creates incentives for jurisdictions that are compliant with housing laws, housing element requirements, and have enacted Prohousing local policies that go beyond existing law. On June 7, 2021, HCD released the PDP Emergency Regulations. Jurisdictions were able to apply for the Prohousing Designation starting July 1, 2021.

Jurisdictions awarded a Prohousing Designation will receive a competitive advantage in state affordable housing and infrastructure grant programs, including the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities, and the Infill Infrastructure Grant Program. The Program is designed to encourage jurisdictions to take actions that facilitate the creation of a variety of housing types consistent with state planning priorities, including fostering inclusion and equitable communities and collaborating with other entities to ensure policies and programs align. Jurisdictions must also comply with established housing law and the Housing Crisis Act of 2019.

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City Council Staff Report - Page 2 of 2

The Prohousing application, reviewed by HCD, assigns points using four scoring categories that are considered "Prohousing” and requires a total score of 30 points or more across four categories: Favorable Zoning and Land Use, Acceleration of Housing Production Time frames, Reduction of Construction and Development Costs, and Providing Financial Subsidies.

City staff has prepared a preliminary application based on the city’s adopted programs, ordinances, and policies, and submitted it for HCD’s review and feedback in January 2023. This resolution is required to complete the application submittal. HCD has 60 days from the time the application is submitted to provide initial feedback to the City. The City has 15 days to provide a written response to HCD. HCD then has 60 days to issue a final determination of the designation as a Prohousing Jurisdiction.

Once the application is approved, the City will be eligible for an award from the HCD Prohousing Incentive Pilot Program (PIP), which can provide the City with up to $500,000 for future affordable housing projects. The PIP Program is a state investment from the Building Homes and Jobs Trust Fund, established by Chapter 364, Statutes of 20147 (SB2, Atkins) to create and conserve affordable housing. PIP funds are only awarded to eligible jurisdictions who have received the Prohousing Designation.

Staff recommends City Council adopt the Resolution authorizing staff to submit a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD); and if the application is approved by HCD execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Resolution

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ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM

WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program ("PDP" or "Program"), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and

WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and

WHEREAS, the Department of Housing and Community Development ("Department") has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program ("Program Regulations"), as authorized by Government Code section 65589.9, subdivision (d); and

WHEREAS, The City of Rancho Cordova desires to submit an application for a Prohousing Designation ("Applicant"); and

WHEREAS, The City of Rancho Cordova ("Applicant") desires to submit an application for a Prohousing Designation.

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

1. Applicant is hereby authorized and directed to submit an application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action included moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the "Program Documents").

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other

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ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 applicable law.

6. The City Manager is authorized to execute and deliver the application and the Program Documents on behalf of the Application for participation in the Program.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 9.3.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Ka Vang, Management Technician
Stefan Heisler, Housing Manager

SUBJECT: A RESOLUTION AUTHORIZING APPLICATION FOR THE

PROHOUSING INCENTIVE PILOT PROGRAM

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize staff to submit an application for the Prohousing Incentive Pilot Program.

BACKGROUND

The Prohousing Designation Program was established by the state of California Housing and Community Development (HCD) in 2019 to help meet California’s housing goals. The Prohousing Designation makes affordable housing projects more competitive for state and federal funding and may help accelerate the timeline for future projects.

The Prohousing Incentive Pilot Program (PIP) is designed to encourage cities and counties to obtain the Prohousing Designation. Only those who have received the designation, by March 30, 2023, from HCD are eligible for PIP grant funding. HCD will award PIP funding based on each jurisdiction’s population size and Prohousing Program score. Based on the city’s population, Rancho Cordova is eligible to apply for a maximum of $500,000.

The City submitted its formal application for the Prohousing Designation Program on January 17, 2023. HCD is in the process of reviewing the application. Adoption of this resolution is required in order to complete the application for the PIP.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Resolution

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ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION FOR THE PROHOUSING INCENTIVE PILOT PROGRAM

WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or "PIP"); and

WHEREAS, the City Council of the City of Rancho Cordova desires to submit a PIP grant application package ("Application"), on the forms provided by the Department, for approval of grant funding for eligible activities towards planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and

WHEREAS, the Department has issued guidelines and application on December 15, 2022 in the amount of $25,705,545.65 for PIP.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA ("Applicant") resolves as follows:

SECTION 1. The City Manager is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $500,000; and
SECTION 2. In connection with the PIP grant, if the application is approved by the Department, the City Manager of the City of Rancho Cordova is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $500,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant's obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

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ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA APPROVING THE FINAL MAP OF RIO DEL ORO LOT 66,
SUBDIVISION NO. FM-2019-004-06 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT
AGREEMENT CONTRACT NO. 2023-04 WITH ALTA VISTA, LLC

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would approve the Final Map of Rio Del Oro Lot 66 Subdivision No.

FM-2019-004-06 and authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2023-04 with Alta Vista, LLC.

BACKGROUND

The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal code and the California Subdivision Map Act. The City Council approved the Large Lot Map on May 17, 2021. A Development Agreement was entered into on December 6, 2010. The City and Elliott Homes executed an Amended and Restated Development Agreement on January 15, 2020. A copy of the final map, Attachment 3, and the vicinity map, Attachment 4, are included with this letter.

Roads are offered for dedication with this subdivision. The developer has chosen the theme of Central American Rivers and Streams for the street names. Alta Vista, LLC has provided a performance, labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Youngdahl Consulting Group, Inc., dated December 2019.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact to the City.

Page 19 of 384 ends

City Council Staff Report - Page 2 of 2

ATTACHMENT(S)

1. Resolution

2. Contract No. 2023-04

3. Rio Del Oro Final Map

4. Vicinity Map

Page 20 of 384 ends

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF RIO DEL ORO LOT 66, SUBDIVISION NO. FM-2019-004-06, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2023-04 WITH ALTA VISTA, LLC

WHEREAS, the City Council approved the Large Lot Map on May 17, 2021, per Resolution No. 2021-71; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Rio Del Oro Lot 66 Subdivision No. FM-2019-004-06 and does authorize the City Manager to execute Subdivision Improvement Agreement 2023-04 with Alta Vista, LLC, in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

Page 21 of 384 ends

ITEM 9.4. ATTACHMENT 2 CONTRACT 2023-04
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
1 SUBDIVISION IMPROVEMENT AGREEMENT
RIO DEL ORO LOT 66 SUBDIVISION NO. FM 2019-004-06
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Alta Vista, LLC, an Arizona limited liability company (hereinafter "Principal").

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

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

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

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

3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Rio Del Oro Lot 66 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.

Page 22 of 384 ends

ITEM 9.4. ATTACHMENT 2 CONTRACT 2023-04
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
2 4. Completion of Improvements. In consideration of such approval, Principal agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.

5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.

6. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.

7. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.

8. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.

9. Indemnity. Principal shall indemnify and hold harmless City from any and all loss, damage or liability arising out of or resulting from Principal's performance or non- performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.

10. Extension of Completion Date. If the construction of the work or improvement

Page 23 of 384 ends

ITEM 9.4. ATTACHMENT 2 CONTRACT 2023-04
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
3 should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.

11. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $5,936,000. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.

12. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 11 hereof shall be a condition precedent to acceptance by City of the above-described real property and the performance by the City of the covenants herein on its part to be performed.

Page 24 of 384 ends

ITEM 9.4. ATTACHMENT 2 CONTRACT 2023-04
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
4 13. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.

14. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.

15. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.

16. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.

17. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or

Page 25 of 384 ends

ITEM 9.4. ATTACHMENT 2 CONTRACT 2023-04
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
5 reasonably capable of being made certain.

18. Attorneys’ Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.

19. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.

20. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.

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

22. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.

23. Time. Time is of the essence in the performance of each and every term of this Agreement.

SIGNATURE PAGE FOLLOWING

Page 26 of 384 ends

ITEM 9.4. ATTACHMENT 2 CONTRACT 2023-04
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
6 IN WITNESS WHEREOF, the parties hereto 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,
California Municipal Corporation
_______________________________
Micah Runner, City Manager

ALTA VISTA, LLC
Arizona Limited Liability Company
________________________________
Price Walker, Vice President – Project
Development
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk

Page 27 of 384 ends

1 Sheet of 5
FEBRUARY 2023

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767Sacramento, CA 95816
LOT 66
BEING ALL OF LOT 65 AND 66 OF FINAL MAP OF RIO DEL ORO PHASE 1 LARGE LOT MAP, FILED FOR RECORD IN BOOK 428 OF MAPS, AT PAGE 5

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

FINAL MAP

RIO DEL ORO
SUBDIVISION NO. FM-2019-004-06

SURVEYOR'S STATEMENT
No. 8067

PROFESSIONAL LAND SURVEYOR

AINROFILACFOETATS
DENNIS L. BARBER

ALTA VISTA, LLC

AN ARIZONA LIMITED LIABILITY COMPANY

NOTARY'S ACKNOWLEDGMENT

OWNER'S STATEMENT

RECORDER'S STATEMENT

CITY ENGINEER'S STATEMENT

CITY CLERK'S STATEMENT
No. 64057

AINROFILACFOETATS

CITY SURVEYOR'S STATEMENT
ITEM 9.4.

ATTACHMENT 3

Page 28 of 384 ends

NOTES
2 Sheet of 5
FEBRUARY 2023

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

FINAL MAP

RIO DEL ORO
SUBDIVISION NO. FM-2019-004-06

BASIS OF BEARINGS
REFERENCES:

LEGEND
X
ITEM 9.4.

ATTACHMENT 3

Page 29 of 384 ends

RAN
CHO

CORDOVA
PARKW

AY SUMPUL WAY

OTORO WAYDANTO WAY

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NOSARA WAY

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LA FORTUNADRIVE

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LA FORTUNADRIVE

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3 Sheet of 5
FEBRUARY 2023

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

FINAL MAP

RIO DEL ORO
SUBDIVISION NO. FM-2019-004-06
4 5

MACAL DRIVE
ITEM 9.4.

ATTACHMENT 3

Page 30 of 384 ends

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WHITE ROCK ROAD

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4 Sheet of 5
FEBRUARY 2023

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

FINAL MAP

RIO DEL ORO
SUBDIVISION NO. FM-2019-004-06

DETAIL 'B'
SCALE: 1" = 5'

DETAIL 'A'
SCALE: 1" = 5'
SEE SHEET 5
ITEM 9.4.

ATTACHMENT 3

Page 31 of 384 ends

SUMPUL WAY

OTORO WAY

DANTO WAYSUMPUL WAY

NOSARA WAY

SIRAMA WAY

SEE DETAIL 'B' - THIS SHEET

SEE DETAIL 'A' - THIS SHEET

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5 Sheet of 5
FEBRUARY 2023

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

FINAL MAP

RIO DEL ORO
SUBDIVISION NO. FM-2019-004-06

DETAIL 'B'
SCALE: 1" = 5'

DETAIL 'A'
SCALE: 1" = 5'
SEE SHEET 4
ITEM 9.4.

ATTACHMENT 3

Page 32 of 384 ends

WHITE ROCK RD
RANCHO

CORDOVAPKWY

MACAL DR

TORTUGUERO
W
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SARAPIQUIWAY

TARCOLES WAY
ATIRRO
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POCOSOL
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LAFORTUNADR

VICINITY MAP OF
RIO DEL ORO LOT 66
SUBDIVISION NO. FM-2019-004-06
¯
0 150 300
Feet
Aerial Photo Date: March 2022
ATTACHMENT 4

SUNRISE
BLVD

WHITE ROCK RD
KILG
ORE
RD

LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\RIO DEL ORO LOT 66\RIO DEL ORO LOT 66.mxd | Date: 1/3/2023 DETAIL
AREA
ITEM 9.4.

Page 33 of 384 ends

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Laurel Bane, Facilities Management Analyst
Matt Thomas, Facilities Services Manager

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE

A FIVE-YEAR CONTRACT FOR JANITORIAL SERVICES AND

MAINTENANCE FOR ALL BUILDINGS OPERATED BY THE CITY

WITH THE EASTER SEALS SUPERIOR CALIFORNIA FOR AN
AMOUNT NOT TO EXCEED $1,275,000

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2023-07 with Easter Seals Superior California to provide Janitorial Services for City buildings.

BACKGROUND

The City is responsible for janitorial maintenance of city-owned or leased buildings, including City Hall, Corporation Yard, Neighborhood Services, Rancho Cordova Police Department, MACC and the Youth Center. The City had multiple janitorial contracts for a cluster of buildings and has added additional sites over the years. To be more efficient and effective, the City will now have one janitorial service provider for all city-owned and leased buildings. Well- maintained buildings provide a clean and healthy environment for all building occupants and visitors. The work scope for this contract includes vacuuming, dusting, moping, sanitizing, and stocking restrooms using green cleaning methods to reduce our environmental footprint while preserving our facilities.

Staff released an RFP on April 8, 2022, for the term beginning March 1, 2023. Five proposals were received in response to the RFP. Staff recommends awarding the contract to Easter Seals Superior California based on a combination of the lowest qualified price, government experience, and a high degree of understanding of the City’s desired level of service. Easters Seals Superior California is a qualified non-profit organization committed to the health, wellness and success of persons living with disabilities.

FISCAL IMPACT AND FUNDING SOURCE

Janitorial services will be funded from the Internal Services Fund (7300).

ATTACHMENT(S)

Page 34 of 384 ends

City Council Staff Report - Page 2 of 2

1. Resolution

2. GSA -2023-07 Easter Seals

3. Grapevine Advertisement

4. Notice of Apparent Low Bid - Janitoiral RFP 2023

5. Bid Opening Results Janitorial RFP 2023

Page 35 of 384 ends

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE A FIVE-

YEAR CONTRACT FOR JANITORIAL SERVICES AND MAINTENANCE FOR ALL

BUILDINGS OPERATED BY THE CITY WITH THE EASTER SEALS SUPERIOR CALIFORNIA FOR AN AMOUNT NOT TO EXCEED $1,275,000

WHEREAS, the City solicited bids for the Janitorial RFP 2023 under the requirements of state and local law and publicly opened bids on January 17, 2023; and

WHEREAS, the lowest responsible bidder was Easter Seals Superior California; and

WHEREAS, adoption of this Resolution will award the general services agreement Contract No. 2023-07 to Easters Seals Superior California in an amount not to exceed $1,275,000 for Janitorial Services; and

WHEREAS, funding for this contract consists of Internal Services Funds (7300); and

WHEREAS, this contract will combine all janitorial services currently provided under one contract.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City manager to execute Contract 2023-07 in an amount not to exceed $1,275,000 with Easters Seals Superior California.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

Page 36 of 384 ends

CONTRACT NO.: 2023-07
Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 1 of 11

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND EASTER SEALS SUPERIOR CALFORNIA (Contractor) THIS AGREEMENT (hereinafter referred to as “Agreement”) is made by and between the City of Rancho Cordova, a California municipal corporation, (herein “City”) and Easter Seals Superior California, (herein “Contractor”), as of March 1, 2023.

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

Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on February 28, 2026 with the option to renew for an additional two years, unless the term of this Agreement is otherwise terminated as provided for in Section 10 . The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreemen t, as provided for in Section 10.

Section 3. CONTRACT ADMINISTRATOR. This Agreement shall be administered by Laurel Bane ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

Section 4. COMPENSATION OF CONTRACTOR. The Contractor shall be paid and amount not to exceed One million two -hundred and seventy -five thousand dollars ($1,275,000) for perfo rmance of the Services pursuant to this Agreement. The Contractor shall submit invoices to the City Finance Director on a monthly basis detailing the Services performed . In the event of a conflict between this Agreement and Contractor’s Exhibit A regarding the amount of compensation, the Agreement shall prevail. Upon receipt and approval of the Contractor’s invoices , the City shall remit payment to the Contract or for Services provided within thirty (30) days. Payment to Contractor shall be considered as full compens ation for performing the Services.

City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City’s right to request Contractor to correct such work or billings or seek any other legal remedy.

Section 5. PERFORMANCE STANDARDS.

A. Contractor shall comply with all applicable laws now in force or which may hereafter be in force with regard to the provision of Services and this Agreement.

B. Contractor represents that it has the skills, expertise, licenses and permit s necessary to perform the Services. Contractor shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which Contractor is engaged and in accordance with applicable industry standards. Permits and/or licenses shall be obtained and maintained by Contractor without additional compensation throughout the term of this Agreement.

Section 6. STATUS OF CONTRACTOR
ITEM 9.5.

ATTACHMENT 2

Page 37 of 384 ends

CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 2 of 11

6.1 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor 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 Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel; however, otherwise City shall not have the right to control the means and methods by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Contractor are employees and agents of Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor 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, Contractor 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. Contractor shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

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

Section 7. INSURANCE REQUIREMENTS . Prior to beginning any Service under this Agreement, Contractor, at its own cost and expense, shall procure insurance coverage at such levels of coverage, scope, limits, and/or forms as set forth in Exhibit B (“Insurance Requirements”) hereto. Contractor shall provide proof satisfactory to City of such insurance and maintain the insurance throughout the term of this Agreement.

Section 8. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

8.1 General Requirement. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 3 of 11 and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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

Section 9. NONDISCRIMATION AND EQUAL OPPORTUNITY. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

Section 10. AMENDMENTS. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.

Section 11. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.

Section 12. TERMINATION. Either party may terminate this Agreement without cause, upon Thirty (30) days written notice to the other party. In the event of termination, Contractor shall be entitled to payment for Services then satisfactorily completed. Contractor shall not be ent itled to any claim against City for any additional compensation or damages in the event of such termination.

Section 13. NOTICES. All notices that are regarding this Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parti es at the following addresses:

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 4 of 11 City: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ATTN: Finance Director

Contractor: Easter Seals
Attn: Anthony Kumar
PO Box 255187
Sacramento, CA 95865
[email protected]

Section 14. GOVERNING LAW AND VENUE. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.

Section 15. ATTORNEYS’ FEES. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

Section 16. 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.

Section 17. 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.

Section 18. SURVIVAL. The obligations of this Agreement, which by their nature would continue beyond the term or expiration of the Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.

Section 19. IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

Section 20. ENTIRE AGREEMENT. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the insurance requirements attached hereto and incorporated herein as Exhibit B, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.

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

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 5 of 11

CITY OF RANCHO CORDVA CONTRACTOR

By: By: ______________________
Micah Runner, City Manager Malcom Russell, Vice President

Date:_______________________________ Date:______________________________

APPROVED AS TO FORM:

By:

Adam U. Lindgren, City Attorney

ATTEST:

By:

Stacy Leitner, CMC, City Clerk

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 6 of 11

Last Revised January 4, 2022
ITEM 9.5.

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CONTRACT NO.: 2023-07

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City of Rancho Cordova and Easter Seals Superior California Page 7 of 11

EXHIBIT A

SCOPE OF WORK

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City of Rancho Cordova and Easter Seals Superior California Page 8 of 11

EXHIBIT B

INSURANCE REQUIREMENTS
Before beginning any work under this Agreement, Contractor, 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. Contractor 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 Contractor's bid.

Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor 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. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

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

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

2. Commercial General and Automobile Liability Insurance.

2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general ITEM 9.5.

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CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 9 of 11 aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

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

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

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

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

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: 2023-07

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City of Rancho Cordova and Easter Seals Superior California Page 10 of 11

3. All Policies Requirements.

3.1 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.

3.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor 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.

3.3 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

3.4 Deductibles and Self-Insured Retentions. Contractor 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, Contractor 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 Contractor 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.

3.5 Waiver of Subrogration. Contractor hereby agrees to waive subrogration 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 Contractor, its employees, agents, and subcontractors.

3.6 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, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later than five (5) days after Contractor is notified of the change in coverage.

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: 2023-07

Consulting Services Agreement between 3/1/2
City of Rancho Cordova and Easter Seals Superior California Page 11 of 11

4. Remedies. In addition to any other remedies City may have if Contractor 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 Contractor’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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or

▪ Terminate this Agreement.

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 12 of 7
City of Rancho Cordova and _________________

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 13 of 7
City of Rancho Cordova and _________________

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 14 of 7
City of Rancho Cordova and _________________

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 15 of 7
City of Rancho Cordova and _________________

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 16 of 7
City of Rancho Cordova and _________________

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 17 of 7
City of Rancho Cordova and _________________

ITEM 9.5.

ATTACHMENT 2

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CONTRACT NO.: XX-2022

General Services Agreement between Page 18 of 7
City of Rancho Cordova and _________________

5039641.1
ITEM 9.5.

ATTACHMENT 2

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ITEM 9.5.

ATTACHMENT 3

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ITEM 9.5.

ATTACHMENT 4

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ITEM 9.5.

ATTACHMENT 5

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.6.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Edgar Medina, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT AMENDMENT 2022-01-02 WITH FBD

VANGUARD CONSTRUCTION TO INCREASE THE CONTRACT
AMOUNT FROM $884,964.56 TO AN AMOUNT NOT TO EXCEED
$1,023,340.16 FOR THE CONSTRUCTION OF THE CORDOVA

SCHOOL ZONES PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Construction Contract Amendment No. 2022-01-02 with FBD Vanguard Construction increasing the contract amount from $884,964.56 to an amount not to exceed $1,023,340.16 for the construction of the Cordova School Zones Project. The City will be reimbursed through the State Active Transportation Grant for this contract increase.

BACKGROUND

The City of Rancho Cordova has been awarded a State Active Transportation Program (ATP) grant for the construction phase of safety improvements for the Cordova School Zones Project.

The Cordova School Zones project consists of the following six elementary schools in the Folsom-Cordova Unified School District: White Rock Elementary, Cordova Villa Elementary, Abraham Lincoln Elementary, Cordova-Meadows Elementary, Rancho Cordova Elementary and Cordova-Gardens Elementary (Refer to Attachment 3). Improvements include high visibility school crosswalks, curb ramps, solar-powered pedestrian-actuated rectangular rapid flashing beacons and solar-powered speed feedback signs, signage and minor drainage improvements.

The project will increase safety for students and all users, encourage walking and a healthy lifestyle, and promote the positive image of Rancho Cordova.

The City Council awarded the construction contract on January 18, 2022 to FBD Vanguard Construction in the amount of $839,995.00 with construction beginning in March 2022. Per Rancho Cordova Municipal Code, Section 3.60.110 C, the City Manager is given the authority to approve change orders up to 10% of the contract value. Since approval of the contract in May 2021, there has been one administrative change order having a value of $44,969.56,

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City Council Staff Report - Page 2 of 2

increasing the total contract amount to $884,964.56.

Change Order No 2 is valued at an amount of $138,375.60, which exceeds the City Manager's signing authority, thus requiring Council Approval. This change order represents reimbursable grant construction items including but not limited to: 1) Additional sidewalk panels to maintain ADA compliance, 2) Pole base relocations due to utility conflict, 3) Additional pavement at various locations and 4) Light pole relocation to accommodate the flashing beacon.

FISCAL IMPACT AND FUNDING SOURCE

Funding for this project consists of $190,932 in Measure A Construction Funds, $219,456 in Gas Tax, $167,611 in Measure A Traffic Control Program and $1,122,000 in State ATP Grant Funds.

This project is included in the City’s current approved Capital Improvement Plan and in the 2022/23 budget.

ATTACHMENT(S)

1. Resolution

2. Project Location Map

3. CSZ - Change Order 2

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ITEM 9.6. ATTACHMENT 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2022-01-02 INCREASING THE CONTRACT AMOUNT FROM $884,964.56 TO AN AMOUNT NOT TO EXCEED $1,023,340.16 WITH FBD VANGUARD

CONSTRUCTION FOR THE CORDOVA SCHOOL ZONES PROJECT

WHEREAS, the City solicited bids for the Cordova Schools Zones Project under the requirements of state law and publicly opened bids on December 2, 2021; and WHEREAS, the lowest responsive and responsible bidder is FBD Vanguard Construction Inc.; and
WHEREAS, on January 18, 2022 the City Council awarded construction contract no. 2022-01 with FBD Vanguard Construction, Inc. in an amount not to exceed $839,995.00 for the Cordova School Zones Project; and
WHEREAS, the Project will make improvements at six elementary schools to include high-visibility school crosswalks, curb ramps, solar-powered pedestrian-actuated rectangular rapid flashing beacons and solar-powered speed feedback signs, signage and minor drainage improvements; and

WHEREAS, under Rancho Cordova Municipal Code, Section 3.60.110 C, the City has processed change order 1, increasing the contract by $44,969.56; and WHEREAS, This change order represents State Grant reimbursable construction items including but not limited to: 1) Additional sidewalk panels to maintain ADA compliance, 2) Pole base relocations due to utility conflict, 3) Additional pavement at various locations and 4) Light pole relocation to accommodate the flashing beacon; and WHEREAS, Change Order No 2 in the amount of $138,375.60 exceeds the City Manager's signing authority to approve; and
WHEREAS, the project funding consists of $1,122,000 in State ATP Grant Funds, Measure A Construction, Gas Tax and Measure A Traffic Control Program. The contract does not impact the General Fund; and
WHEREAS, the project was reviewed under the requirements of the California Environmental Quality Act and a Notice of Exemption was filed on March 10, 2021 with the County of Sacramento.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to execute Contract Amendment No. 2022-01-02 in an amount of $138,375.60 with FBD Vanguard Construction, increasing the contract amount from $884,964.56 to an amount not to exceed $1,023,340.16 for the construction of the Cordova School Zones Project.

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ITEM 9.6. ATTACHMENT 1 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

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CORDOVA SCHOOL ZONES PROJECT
FEDERAL/STATE ID ATPSB1L 5482(044)
CITY PROJECT NO. CP20-2200
A

BRAHAM LINCOLN ELEMENTARY

CORDOVA GARDENS ELEMENTARY

CORDOVA MEADOWS ELEMENTARY

CORDOVA VILLA ELEMENTARY

RANCHO CORDOVA ELEMENTARY

WHITE ROCK ELEMENTARY
ITEM 9.6.

ATTACHMENT 2

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1/23/2023
ITEM 9.6.

ATTACHMENT 3

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ITEM 9.6.

ATTACHMENT 3

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CHANGE ORDER #2
ATTACHMENT 1
Sheet 3 of 3
ITEM

NUMBER ACTIVITY DESCRIPTION BI D

QUANTITY UNIT UNIT PRICE CONTRACT
VALUE
FINAL

QUANTITY
PLACED

QUANTITY

OVER/UNDER

BID QUANTITY
AMOUNT

OVER/UNDER

CONTRACT
07 Remove Concrete (Curb & Gutter) 889 LF $20.00 $17,780.00 1,139.00 250.00 $5,000.00 08 Remove Concrete (Sidewalk) 4,467 SF $8.00 $35,736.00 5,224.40 757.40 $6,059.20 10 Storm Drain Pipe (12" RCP) 78 LF $352.00 $27,456.00 72.00 (6.00) -$2,112.00 11 Roadway Excavation & Grading 242 CY $160.00 $38,720.00 405.10 163.10 $26,096.00 12 Class 2 Aggregate Base 146 CY $80.00 $11,680.00 272.00 126.00 $10,080.00 13 Hot Mix Asphalt (Type A) 134 TON $525.00 $70,350.00 249.00 115.00 $60,375.00 14 Minor Concrete (Median Curb) 272 LF $64.00 $17,408.00 277.00 5.00 $320.00 15 Minor Concrete (Curb & Gutter) 890 LF $42.00 $37,380.00 1,139.00 249.00 $10,458.00 16 Minor Concrete (Sidewalk Ramp) 4,467 SF $21.00 $93,807.00 5,244.40 777.40 $16,325.40 17 Detectable Warning Surface 384 SF $20.00 $7,680.00 372.00 (12.00) -$240.00 18 Minor Concrete (Stamped & Colored) 440 SF $30.00 $13,200.00 432.50 (7.50) -$225.00 19 Remove Thermoplastic Traffic Stripe 1,077 LF $5.00 $5,385.00 0.00 (1,077.00) -$5,385.00 20 Remove Thermo Pavement Marking 1,601 LF $6.50 $10,406.50 1,674.00 73.00 $474.50 21 6" Thermo Traffic Stripe 1,514 LF $1.00 $1,514.00 846.00 (668.00) -$668.00 22 12" Thermo Traffic Stripe (Enhanced) 203 LF $7.80 $1,583.40 326.00 123.00 $959.40 23 Thermoplastic Pavement Marking 1,616 SF $5.50 $8,888.00 1,792.00 176.00 $968.00 24 Thermoplastic Crosswalk Pavement Marking
(Enhanced)
4,204 SF $8.30 $34, 893.20 3,964.00 (240.00)
-$1,992.00
25 Methyl Methacrylate Pavement Marking 2,121 SF $8.30 $17,604.30 2,330.00 209.00 $1,734.70 26 Pavement Marker (Retroreflective) 1,062 EA $4.40 $4,672.80 503.00 (559.00) -$2,459.60 27 Remove Roadside Sign 21 EA $55.00 $1,155.00 10.00 (11.00) -$605.00 28 Install Roadside Sign 72 EA $338.00 $24,336.00 71.00 (1.00) -$338.00 29 RRF Beacon Assembly (New Pole) 10 EA $12,490.00 $124,900.00 13.00 3.00 $37,470.00 30 RRF Beacon Assembly (Existing Pole) 5 EA $7,660.00 $38,300.00 3.00 (2.00) -$15,320.00 31 RRF Beacon System 1 EA $8,600.00 $8,600.00 0.00 (1.00) -$8,600.00 $138,375.60

CITY OF RANCHO CORDOVA

CORDOVA SCHOOL ZONES PROJECT

FINAL BALANCING CHANGE ORDER
Federal Aid Project No. ATPSB1L 5482(044)
City Project Number CP20-2200
ITEM 9.6.

ATTACHMENT 3

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 9.7.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

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

SUBJECT: A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO

ISSUE A REIMBURSEMENT TO LENNAR HOMES OF CALIFORNIA,
LLC IN THE AMOUNT OF $1,290,497 FROM THE STORM DRAINAGE

IMPACT FEE PROGRAM

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the Public Works Director to issue a drainage impact fee reimbursement in the amount of $1,290,497, to Lennar Homes of California, LLC for a portion of the fees paid for the Grantline 220 Project.

BACKGROUND

The City adopted the City of Rancho Cordova Storm Drainage Impact Fee Program in 2021, which establishes a schedule of fees and credits to be collected upon the construction of new buildings and improvements within the City. Under the Storm Drainage Development Impact Fee Program, developers are allowed to pay the impact fees required by the City for all phases of the project upfront or pay the fee over multiple phases.

Lennar Homes of California, LLC mistakenly paid the drainage impact fees for some future phases, including the commercial center of the Grantline 220 project that does not yet have a detailed design. Lennar Homes of California, LLC is requesting reimbursement for a portion of the drainage impact fees paid as part of the Grantline 220 Project Phase I. The drainage impact fees for these parcels will be paid in the future as these parcels develop and submit improvement plans.

FISCAL IMPACT AND FUNDING SOURCE

Reimbursement will be issued from the City's drainage impact fee program fund. There will be no impact to the City's general fund.

ATTACHMENT(S)

1. Resolution

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ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

OF CALIFORNIA, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE A

REIMBURSEMENT TO LENNAR HOMES OF CALIFORNIA, LLC IN THE AMOUNT OF $1,290,497 FROM THE STORM DRAINAGE IMPACT FEE PROGRAM

WHEREAS, the City has adopted the City of Rancho Cordova Strom Drainage Impact Fee Program (Rancho Cordova Municipal PROGRAM Chapter 16.95) as amended, ("PROGRAM"); and
WHEREAS, the PROGRAM establishes a schedule of fees and credits to be collected upon the construction of new buildings and improvements within the CITY (“FEES”); and WHEREAS, FEES are to be used for construction of Trunk Drainage Facilities ("MAJOR FACILITIES") as said facilities are defined in the PROGRAM; and WHEREAS, the PROGRAM provides that whenever the CITY’s Public Works Director requires the construction of MAJOR FACILITIES in connection with the construction of new buildings and improvements within the CITY, the cost of the MAJOR FACILITIES may become a credit and may be deducted from the fee required by the PROGRAM upon the satisfaction of certain conditions; and
WHEREAS, the PROGRAM sets forth a schedule and method for calculating and apportioning credits; and
WHEREAS, CITY and Lennar Homes of California, LLC ("OWNER") entered into an agreement to provide for the construction by OWNER of the MAJOR FACILITIES and for the deduction by CITY of credits from the drainage impact fees to be paid by OWNER in connection with the development; and
WHEREAS, the City anticipates that entering into additional Drainage Impact Fee Credit Agreements may be desirable in the future.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the Public Works Director to issue a reimbursement to Lennar Homes of California, LLC in the amount of $1,290,497 for a portion of the Grantline 220 Project.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

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ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.8.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM:

Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
Kristine Courdy, Senior Civil Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2023-18 WITH WOOD RODGERS, INC. IN AN
AMOUNT NOT TO EXCEED $687,484 FOR CIVIL ENGINEERING

DESIGN AND ENVIRONMENTAL SERVICES FOR THE MONIER

CIRCLE FLOOD CONTROL BASIN PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to award Contract No. 2023-18 with Wood Rodgers, Inc. in an amount not to exceed $687,484 to provide civil engineering design and environmental services for the Monier Circle Flood Control Basin Project.

BACKGROUND

On March 31, 2021 the City of Rancho Cordova completed the Stormwater Capital Improvement Program Master Plan (Plan). The Plan assessed the condition of the existing stomwater facilities, identified system deficiencies and opportunities to enhance stormwater quality, and developed a capital improvement plan with a prioritized list of flood control and repair projects.

The highest priority project identified in the Plan is to reduce the potential for flooding on Sunrise Boulevard near Monier Circle. The proposed project scope includes constructing a detention basin at a vacant City-owned parcel at 3355 Monier Circle (APN 072-1010-029) (see Attachment 3 - Project Site Plan). This parcel was acquired through City Council approval under Resolution 165-2021 on November 1, 2021. During large storm events, runoff in the drainage channel that leads to the Folsom South Canal will be diverted to the proposed detention basin on Monier Circle, where it will be stored until the water surface elevations recede in the channel.

On June 18, 2021, the City submitted a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program application for the City of Rancho Cordova Stormwater Detention Basin Project. On October 7, 2022, the City was awarded Hazard Mitigation Project

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City Council Staff Report - Page 2 of 2

DR4558-PJ0632 (City of Rancho Cordova Stormwater Detention Basin) grant in the amount of $2,250,000.

The City followed an open competitive qualifications-based selection process in accordance with FEMA procurement requirements to select a qualified consultant to provide civil engineering design and environmental services for the Project. On December 8, 2022, the City issued a Request for Proposals (RFP) for civil engineering design and environmental services for the Project. The City received four proposals with statements of qualifications before the solicitation closed on January 12, 2023. Wood Rodgers, Inc. was selected as the firm with the most responsive and responsible proposal.

The Project design and permitting will continue through 2024, with construction immediately following. The Project shall be completed by the FEMA grant deadline in 2025.

FISCAL IMPACT AND FUNDING SOURCE

The Monier Circle Flood Control Basin Project is funded from the Stormwater Enterprise Fund and the FEMA Hazard Mitigation Grant Program. This Project has no impact on the General Fund.

ATTACHMENT(S)

1. Resolution

2. Wood Rodgers Agreement

3. Project Site Plan

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ITEM 9.8. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2023-18 IN AN AMOUNT NOT TO EXCEED $687,484 WITH WOOD RODGERS, INC. FOR

CIVIL ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE MONIER

CIRCLE FLOOD CONTROL BASIN PROJECT

WHEREAS, the City of Rancho Cordova completed the Stormwater Capital Improvement Program Master Plan (the “Plan”) to prioritize flood control projects and repair projects within the City; and

WHEREAS, the highest priority project identified in the Plan is to reduce flooding on Sunrise Boulevard near Monier Circle; and

WHEREAS, the City of Rancho Cordova applied for a FEMA Hazard Mitigation Grant Program grant to fund the Project; and

WHEREAS, the Hazard Mitigation Project DR4558-PKJ0632 (City of Rancho Cordova Stormwater Detention Basin) for the Project was awarded to the City in October 2022 in the amount of $2,250,000; and

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2023-18 with Wood Rodgers, Inc. in an amount not to exceed $687,484 for civil engineering design and environmental services for the Monier Circle Flood Control Basin Project to increase safety and promote livability; and
WHEREAS, funding for this Project will consist of FEMA Hazard Mitigation Grant Program funds; and
WHEREAS, the services will exceed the maximum amount the City Manager has the authorization to approve.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2023-18 with Wood Rodgers, Inc. in an amount not to exceed $687,484 in a form approved by the City Attorney for the Monier Circle Flood Control Basin Project.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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ITEM 9.8. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

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CONTRACT NO.: 2023-18

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
WOOD RODGERS, INC. FOR CIVIL ENGINEERING DESIGN

AND ENVIRONMENTAL SERVICES FOR THE

MONIER CIRCLE FLOOD CONTROL BASIN PROJECT
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Wood Rodgers, Inc.(“Professional”), (collectively, City and Professional may be referred to as “Party” or “Parties”) as of February 21, 2023. City and Professional are the only parties to this Agreement, therefore the United States Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to any Party related to the scope of this Agreement.

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, 2026, 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 six hundred eighty-seven thousand four hundred eighty-four dollars and zero cents ($687,484.00), notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 2 of 19

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 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 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 3 of 19

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 four thousand four hundred twenty-six dollars and zero cents ($4,426.00).

Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 4 of 19

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 DOLLARS ($1,000,000.00). The commercial general liability and automobile ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 5 of 19

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.

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

ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 6 of 19

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.

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.

ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 7 of 19

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.

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:

ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 8 of 19

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

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

 Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

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

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

ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 9 of 19

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

Section 6. STATUS OF PROFESSIONAL.

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

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

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

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws, regulations, executive orders, and FEMA policies 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 ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Last Revised January 2022

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 10 of 19

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 including 31 U.S.C. Chapter 38 relating to False Claims and Statements.

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.

7.5 During the performance of this contract, the contractor agrees as follows:

7.5.1 The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.

ITEM 9.8.

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7.5.2 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

7.5.3 The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

7.5.4 The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

7.5.5 The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

7.5.6 The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7.5.7 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7.5.8 The contractor will include the portion of the sentence immediately preceding paragraph (7.5.1) and the provisions of paragraphs (7.5.1) through (7.5.8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of ITEM 9.8.

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September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

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

ITEM 9.8.

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Section 8. TERMINATION AND MODIFICATION.

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

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

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

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

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:

ITEM 9.8.

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8.6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City 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 9.8.

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Section 10. CLEAN AIR ACT.

10.1 The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

10.2 The contractor agrees to report each violation to the City of Rancho Cordova and understands and agrees that the City of Rancho Cordova will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

10.3 The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Section 11. FEDERAL WATER POLLUTION CONTROL ACT.

11.1 The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

11.2 The contractor agrees to report each violation to the City of Rancho Cordova and understands and agrees that the City of Rancho Cordova will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

11.3 The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Section 12. DEBARMENT AND SUSPENSION.

12.1 This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

12.2 The contractor must comply with 2. C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

12.3 This certification is a material representation of fact relied upon by the City of Rancho Cordova. If it is later determined that the contractor did not comply with 2. C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of Rancho Cordova, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

ITEM 9.8.

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12.4 The bidder or proposer agrees to comply with the requirements of 2. C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is vali and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Section 13. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352.

13.1 Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of a Member of Congress in connection with obtaining any Federal contract, grant, or other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

13.2 If applicable, contractor must sign and submit to the City of Rancho Cordova the certification attached herein as Exhibit C.

Section 14. PROCUREMENT OF RECOVERED MATERIALS.

14.1 In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (1) competitively within a timeframe providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (2) at a reasonable price.

14.2 Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/compreshivie-procurement-gui
deline-cpg-program.

14.3 The contractor also agrees to comply with also other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

Section 15. MISCELLANEOUS PROVISIONS.

15.1 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.

ITEM 9.8.

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Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 17 of 19

15.2 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.

15.3 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.

15.4 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.

15.5 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.

15.6 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.

15.7 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 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.

ITEM 9.8.

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Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 18 of 19

15.8 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.

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

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

Jonathan Kors, Vice President
3301 C Street, Building 100-B
Sacramento, CA 95816
Email Address (for Insurance Update Requests)
[email protected]

Any written notice to City shall be sent to:

Kristine Courdy
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670

15.11 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.

15.12 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.

15.13 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 9.8.

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CONTRACT NO.: 2023-18

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Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. Page 19 of 19

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

______________________________ ______________________________ Micah Runner, City Manager Jonathan Kors, Vice President

Date: ____________________ Date: ____________________

Attest:

______________________________
Stacy Leitner, CMC, City Clerk

Date: ____________________

Approved as to Form:

______________________________
Adam U. Lindgren, City Attorney

ITEM 9.8.

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CONTRACT NO.: 2023-18

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc. --Exhibit A

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EXHIBIT A

SCOPE OF SERVICES

Refer to the Attached Proposal

ITEM 9.8.

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Corporate Office: 3301 C Street, Bldg. 100-B • Sacramento, CA 95816 • Tel: 916.341.7760 • Fax: 916.341.7767 O f f i c e s l o c a t e d i n C a l i f o r n i a a n d N e v a d a www.woodrodgers.com

February 6, 2023

Mrs. Kristine Courdy, PE, Senior Civil Engineer
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Dear Mrs. Courdy,

Subject: City of Rancho Cordova, Monier Circle Detention Basin, Proposal for Professional Engineering Services

The proposed Monier Circle Stormwater Detention Basin (Basin) is located within the greater Morrison Creek 3 watershed as well as within the Cordova Industrial Park. Runoff from this portion of the Cordova Industrial Park is collected by a drainage canal located directly adjacent to the Basin and it flows through existing dual 4-foot by 6-foot arch culverts that cross under Sunrise Boulevard. These existing culverts tie into a detention basin upstream of the Folsom South Canal (FSC). The outlet from this detention basin is the North Siphon, which consists of three 42-inch-diameter inverted siphons crossing under the FSC. The culverts under Sunrise Boulevard and the North Siphon lack adequate capacity to convey the runoff directed to them and, as a result, Sunrise Boulevard floods during larger storm events. This flooding can prevent emergency vehicle access through this corridor.

The City of Rancho Cordova (City) and the County of Sacramento have been aware of the flooding problem at Sunrise Boulevard dating back to the late 1990s, and they have been interested in identifying potential solutions to eliminate or mitigate this flooding hazard. Between 2004 and 2006, Wood Rodgers, Inc. (Wood Rodgers) developed and analyzed a suite of eight different alternatives for eliminating or mitigating the flooding at Sunrise Boulevard. Due to a variety of factors and the high cost associated with these alternatives, a preferred solution was never selected.

In 2019, the City and Wood Rodgers began a collaborative effort to further investigate solutions that would eliminate flooding at Sunrise Boulevard. These efforts culminated in Wood Rodgers developing robust hydrology and hydraulics modeling as well as a technical memorandum in 2020 that identified the vacant parcel adjacent to Monier Circle as a preferred site for the Basin. The use of the vacant parcel with an approximately 330-foot-long inlet weir, 18-inch outlet pipe, and pump station was also identified.

Funding for the project is through the Federal Emergency Management Agency (FEMA) Hazard Management Grant Program (HMGP). The project is split into two phases for the purposes of identifying and analyzing costs and benefits for the full project including Final Design and Construction (Phase 2). Phase 1 of the work extends through the 60-percent design submittal. Wood Rodgers’ proposal for both Phase 1 and Phase 2 are included herein; however, we understand that Phase 2 authorization is subject to the City obtaining a future FEMA HMGP grant for this purpose.

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Mrs. Kristine Courdy, PE
February 6, 2023

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Wood Rodgers’ in-house environmental team has confirmed that an Initial Study with Mitigated Negative Declaration (IS/MND) would be the appropriate level of documentation to satisfy the California Environmental Quality Act (CEQA) guidelines for the project. This determination was made because the detention basin would include both temporary and permanent effects to jurisdictional waters of the United States, waters of the State of California, and California Department of Fish and Wildlife (CDFW) jurisdictional habitats. Though these effects could cause potentially significant effects to aquatic resources, Wood Rodgers is confident that project effects can be reduced to a less-than- significant level through the incorporation of suitable and cost-effective mitigation measures within the IS/MND.

The project’s effects to aquatic resources will require regulatory permitting through the U.S. Army Corps of Engineers (USACE), the Central Valley Regional Water Quality Control Board (CVRWQCB), and the CDFW. These permitting requirements can be time consuming; however, Wood Rodgers is confident that project effects to Section 404 waters of the U.S would qualify for a USACE Nationwide Permit (NWP) 43 for “Stormwater Management Facilities”. The NWP process will help to expedite the permitting process with the USACE, rather than conducting a letter of permission individual permit.

A review of historic aerial photographs show that the vacant parcel adjacent to Monier Circle was subject to gold dredging operations between 1947 and 1952; by 1984, the parcel had been graded.

Available aerial images for the site today show evidence that the dredging field was not mitigated by the grading and the slickens/tailings lines are likely still present below grade. The introduction of water to the subsurface at the property via infiltration may introduce a risk of future settlement, both at the property and at adjacent properties. Due to this potential, the Scope of Work will target accepting the flow from the 36-inch storm drain by deepening the detention basin and/or increasing pumping to account for the flow from this existing pipeline. The proposal includes a geotechnical site investigation task that will help to identify where in the southwest corner of the property is the best location to construct the pump station, given subsurface conditions. Infiltration testing is included as an optional task should it need to be investigated further.

Wood Rodgers’ proposed Scope of Work follows below. The tasks follow the existing work breakdown structure of the City’s FEMA grant. Therefore, all items are identified, including those for the City’s administration of the contract. Those tasks are labelled “Non-Consultant Task Line Item” and no budget is allocated for Wood Rodgers within these items.

SCOPE OF WORK
TASK 1.0 – Project Administration (Phase 1)
Non-Consultant Task Line Item.

TASK 2.0 – Environmental Planning and Historic Preservation Subtask 2.1 – Environmental Technical Studies
Subtask 2.1.1 – Cultural Resources Inventory Report and Native American Consultation Wood Rodgers’ Subconsultant, PAR Environmental Services, Inc. (PAR), will prepare a Cultural Resources Inventory Report to identify cultural, historical, and/or paleontological resources in the area and to evaluate the potential impact the project might have on these ITEM 9.8.

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Mrs. Kristine Courdy, PE
February 6, 2023

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resources. This report will be prepared in compliance with Public Resources Code 15064.5 to:
1) determine the significance of impacts to archaeological and historical resources; and 2) to satisfy CEQA requirements. Additionally, the report will include the federal requirements under Section 106 so it can be easily utilized by FEMA and USACE during project clearance of the National Historic Preservation Act under the National Environmental Policy Act (NEPA).

PAR will conduct literature and archival research for known paleontological and archaeological resources within the project vicinity, including a cultural records search conducted through the Northeast Information Center, under the California Historical Resources Information System. As part of this effort, a list of Native American groups in the area will be requested from the Native American Heritage Commission and from the City for tribes that have formally requested consultation under Assembly Bill 52 (AB 52). In addition, a pedestrian survey of the site for archaeological resources will be conducted. If any cultural resources are identified, they will be evaluated to determine if they meet any qualified criteria for eligibility on the National Register of Historic Places or California Register of Historical Resources. All Native American consultation efforts will be documented pursuant to AB 52 requirements, consistent with CEQA requirements.

Deliverable: Cultural Resources Inventory Report
Subtask 2.1.2 – Biological Technical Memorandum and Aquatic Resources Delineation Report
Wood Rodgers’ qualified biologist will conduct literature research to determine the potential for sensitive plant and animal species in the project area and surrounding habitats. The presence/absence of potential sensitive resources will be confirmed by conducting a biological reconnaissance survey (e.g., species or habitats). In addition, Wood Rodgers’ certified Professional Wetland Scientist will complete a preliminary jurisdictional delineation to determine the extent of jurisdiction of aquatic resources within the project area.

The results of the literature search and biological survey will be summarized in a Biological Technical Memorandum, and the delineation results will be summarized in an Aquatic Resources Delineation Report.

Deliverable: Biological Technical Memorandum and Aquatic Resources Delineation Report Subtask 2.2 – CEQA Initial Study; Mitigated Negative Declaration Subtask 2.2.1 – Prepare Draft Initial Study with Proposed Mitigated Negative Declaration (IS/MND)
Wood Rodgers has determined that there will be no significant impacts as a result of the proposed project that cannot be mitigated to a less than significant level; therefore, a draft Initial Study with proposed IS/MND under CEQA would be appropriate for this project. Wood Rodgers will incorporate the project description and all technical analyses into the draft environmental document in support of a Mitigated Negative Declaration. The environmental document will address any potential impacts to sensitive resources within the project area. The IS/MND will be submitted to the City for comment, review, and approval prior to public circulation.

Deliverable: Draft IS/MND
ITEM 9.8.

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Mrs. Kristine Courdy, PE
February 6, 2023

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Subtask 2.2.2 – Notice of Availability and Circulation of the Draft IS/MND Once the draft IS/MND has been approved by the City, it will be circulated for public review for a period of 30 days. The IS/MND has the critical objective of providing a means by which the general public and responsible agencies can participate in the environmental process by providing written comments on issues addressed in the IS/MND. Wood Rodgers will coordinate the preparation of the distribution list with the City. Pursuant to CEQA requirements, Wood Rodgers will also prepare a Notice of Availability/Notice of Intent for the Draft IS/MND. This notice, along with the draft environmental document, will be made available to the appropriate City office, to the office of the County Clerk, and to a local newspaper or via a distribution list of local property owners during the 30-day public circulation and review period. In addition, the document will be distributed to other reviewing government agencies through the California State Clearinghouse, and it will be mailed directly to owners of properties that are adjacent to the project area. All comments received during this period will be recorded for inclusion in the final environmental document.

Wood Rodgers assumes that the City will want to hold a public information meeting during the 30-day review period, providing an opportunity for residents and other stakeholders to learn more about the project and to submit comments. Wood Rodgers will prepare all public meeting materials, and participate in the public meeting event (to be held at a location arranged by the City).

Deliverable: Notice of Availability and Circulation of Draft IS/MND Subtask 2.2.3 – Response to Public Comments and Final IS/MND Following public circulation of the Draft IS/MND and community workshops, Wood Rodgers will coordinate with the City to review each comment and prepare written responses. All comments and written responses will be included within the Final IS/MND as an Appendix.

Wood Rodgers will further coordinate with the City to incorporate any substantive changes to the IS/MND prompted by public comment, and Wood Rodgers will prepare a Final IS/MND for submittal to the City for final review and approval.

Deliverable: Response to Public Comments and Final IS/MND Subtask 2.2.4 – Mitigation Monitoring and Reporting Program and Notice of Determination
Wood Rodgers will prepare a Mitigation Monitoring and Reporting Program (MMRP) based upon any mitigation requirements, as outlined within the Final IS/MND. The MMRP will be included with the Final IS/MND for City Council approval.

To complete the CEQA process, Wood Rodgers will prepare and file a Notice of Determination (NOD) with the Sacramento County Recorder's Office and the Office of Planning and Research State Clearinghouse within 5 days of the City’s approval of the Final IS/MND and MMRP (pursuant to CEQA guidelines). This scope of work assumes the City will provide payment for the CEQA filing fee at the time the NOD is filed.

Deliverable: MMRP and NOD
ITEM 9.8.

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Subtask 2.3 – NEPA Documentation/EHP Document Update
Subtask 2.3.1 – FEMA NEPA and EHP Support
Wood Rodgers will complete a thorough review of the project’s Environmental and Historic Preservation (EHP) Checklist in order to confirm that it is satisfactory and will not need to be updated prior to FEMA coordination. FEMA will update the EHP after completion of all interagency coordination as part of their NEPA approval process. During the NEPA approval process, Wood Rodgers will provide necessary environmental support, as requested by FEMA or interagency coordination requirements.

Deliverable: FEMA, NEPA and EHP Support.

TASK 3.0 – ENGINEERING DESIGN PROCUREMENT
Non-Consultant Task Line Item
TASK 4.0 – ENGINEERING DESIGN (Phase 1)
Subtask 4.1 – Project Kickoff Meeting
Wood Rodgers will facilitate a kickoff meeting with the City and other Stakeholders who may be identified by the City. An agenda for this meeting will be prepared and distributed by Wood Rodgers. A request for information will be issued by Wood Rodgers for City information available to support the design (hydraulics modeling, topographic mapping, utilities information, boundary mapping, etc.). Project objectives and initial design criteria will be discussed. The project schedule and regular coordination meetings will also be discussed. Wood Rodgers will prepare and distribute meeting notes following the meeting.

Deliverable: Kickoff Meeting Agenda and Notes
Subtask 4.2 – Consultant Coordination
This subtask encompasses the Project Management aspects of the work, including routine coordination between Wood Rodgers and the City, as well as between Wood Rodgers and its subconsultants. The budget for this line item has been established as a percentage of the total design fee to account for regular Project Management. Routine meetings, project schedule maintenance, invoicing and state reporting, and quality management are all components of Subtask 4.2.

Deliverables: Meeting Agendas and Notes; Project Invoicing and Status Reporting; Project Management and QA Plans
Subtask 4.3 – 30% Design Plans
The 30% design will establish the overall site layout and functional approach for the project, including the detention basin configuration, pump station location, need for water quality components, potential for infiltration, configuration of inlet weir, outlet pipe, passive recreation facilities and other appurtenances. Construction plans will be prepared using AutoCAD Civil 3D and custom tools that have been developed by Wood Rodgers to efficiently design earthwork and civil engineering projects. Existing topographic and boundary surveys prepared by UNICO Engineering, Inc. in 2021 will be the base for the construction plans.

ITEM 9.8.

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The best approach for handling drainage from the existing 36-inch storm drain that runs through the site will also be determined. This storm drain conveys flow from an area of approximately 66 acres and has a 100-year 24-hour peak flow of approximately 150 cubic feet per second (cfs). The viability and risks associated with using infiltration to address this flow will be evaluated. The existing subsurface mining materials at the property (and at adjacent properties) could present a risk of future settlement if infiltration is significant. Depth to groundwater in the area is at least 50 feet below ground surface. Therefore, as the site incorporates a pumping station, it may be best to increase storage in order to accommodate this flow without infiltration. The infiltration study is an optional task that can be authorized if appropriate once the contract is underway. Piping the flow around the site is a viable (but expensive) option as well.

The pump station would be designed as a submersible system focused on reliability and ease of maintenance. It is anticipated (based on the work previously prepared by Wood Rodgers) that two 6-cfs pumps would be included in a wet well (one duty pump, one back-up pump). The size of these pumps will need to be confirmed during the 30% design. Control schema will be developed that automatically energizes the duty pump as soon as the storm peak has passed. A third low flow pump may also be beneficial to address nuisance flows in the basin. A gravity outlet with a backflow prevention device will also be included to allow for efficient flow return down to the elevation of the Morrison Creek 3 channel invert.

At the 30% design level, a list of Project Specifications will be developed and included as part of the submittal. Specifications will be developed in the subsequent design phases using Construction Specification Institute (CSI) standards.

Construction cost estimates will be prepared and presented using Microsoft excel spreadsheets.

Construction quantities will be determined using AutoCAD Civil 3D applications for cut and fill volumes and other relevant construction bid items. Unit prices will be developed using recent, relative construction bid tabulations from other projects constructed in the Central Valley.

Appropriate contingencies and escalation factors will be incorporated to assist the City in planning for construction.

It is assumed that only the City will review and comment on Project submittals.

Deliverables: 30% Design Plans; Specifications List; Preliminary Construction Cost Estimate Subtask 4.4 – Preliminary Landscape Design
Wood Rodgers will prepare preliminary landscape plans. At this time, our work will include all landscape areas adjacent to the proposed Stormwater Detention Basin, pedestrian trail/access road, and entrance/parking lot as indicated on the Project Map that was included within the original Request for Proposal. Landscaping for the Morrison Creek 3 Drainage Channel is excluded. The preliminary landscape plan will include a proposed seed mix and species selection for the basin.

Additionally, the plans will include a parking lot shade calculation for newly-designed parking areas. The Plan will define the character and approach of the project, including the selection of materials. These plans will also facilitate landscape pricing for the purpose of developing the project cost/benefit ratio.

ITEM 9.8.

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Wood Rodgers’ landscape team will attend one (1) project team design meeting as requested during this phase of the work.

Subtask 4.5 – Geotechnical Investigation
Considering the potential for dredge field tailings and slickens materials to be present at the site, a geotechnical investigation is proposed in order to determine the foundation conditions at the pump station. Under this task, Youngdahl will advance two (2) borings, including one to a depth of up to 10 feet into native soils (or refusal) that is anticipated to be at a depth of 60 feet. The borings will be grouted following completion of the logging and sampling operations.

Samples collected during the subsurface investigation will be returned to Youngdahl’s laboratory for testing. The field and laboratory data will be reviewed by a Professional Engineer and evaluated with respect to geotechnical properties. Information gathered during the geotechnical engineering investigation will be compiled into a geotechnical engineering report. The report will be intended to fulfill the requirements of Section 1803 of the 2022 California Building Code and of common geotechnical engineering practice in this area under similar conditions at this time.

Deliverables: Geotechnical Engineering Report
Subtask 4.6 – Geotechnical Infiltration Testing (Optional Task) Under Subtask 4.6, as an optional task, Youngdahl will perform Geotechnical Infiltration Testing.

This task may not be required if design-level hydraulic modeling determines that the outflow from the 36-inch drainpipe can be readily included in the volume attenuation of the basin. This determination will be made early in the design process.

To evaluate the infiltration potential, Youngdahl will perform Low Impact Development infiltration testing in accordance with the intent of the Los Angeles County’s boring percolation test procedure.

This testing procedure will include the advancement of two borings to approximately one (1) foot below the planned invert elevation of the detention facility. Infiltration testing equipment will be temporarily installed at this elevation. An experienced geologist or engineer will perform the testing procedures and collect testing data. The results of the field testing will be provided under separate cover for use in the design of the facility.

The results of the infiltration testing and the subsurface exploration may indicate that additional evaluation is recommended.

Deliverables: Technical Memorandum on infiltration analysis and results.

Subtask 4.7 – Hydrology and Hydraulics Analysis
Under Subtask 4.7, Wood Rodgers will develop a hydrologic and hydraulic analysis to assess the proposed basin design. XPSWMM modeling of the storm drain trunk lines within the Morrison Creek 3 watershed that was previously prepared for the City will serve as the basis for the analysis.

This XPSWMM model will be supplemented as needed by XPSWMM modeling previously prepared by Wood Rodgers as part of the 2020 technical memorandum that investigated the feasibility of the site. The final XPSWMM model will confirm that the proposed basin, weir, and pump design, as well as control schema, will eliminate flooding at Sunrise Boulevard and the adjacent Morrison Creek 3 channel. In addition, the XPSWMM modeling will also determine ITEM 9.8.

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whether the active 36-inch storm drain running through the site can be accommodated in the proposed basin.

XPSWMM modeling will be updated as necessary at the 60%, 90%, and 100% design phases. A brief Technical Memorandum documenting data sources, assumptions, and results of the analysis will be prepared for the City’s review and approval.

Deliverables: Draft and Final Hydrology and Hydraulics Technical Memorandum Subtask 4.8 – 60% Design Plans and Specifications
Under Subtask 4.8, Wood Rodgers will prepare 60% design plans and specifications. Comments on the 30% submittal are anticipated to be received from the City and will be incorporated into the 60% design. Comments will be formally responded to with a tracking spreadsheet. At the 60% design level, the detail within the design will be sufficient for preparing CEQA documentation and permitting applications.

An updated Construction Cost Estimate will be prepared to accompany the 60% design submittal.

Deliverables: 60% Design Plans; Specifications; Construction Cost Estimate Subtask 4.9 – Cost Estimate and Benefit Cost Analysis
Wood Rodgers will use the design and cost estimate information that was developed as part of the 60% design package to assist the City in preparing the grant funding application for Phase 2.

TASK 5.0 – PERMITTING
Subtask 5.1 – Section 1600 Streambed Alteration Agreement Wood Rodgers will prepare and process a Section 1602 Notification of Streambed Alteration application with the CDFW. The notification package will describe the project’s effects to CDFW jurisdictional habitats, avoidance, and minimization measures to protect habitats and wildlife, and a proposed compensatory mitigation approach for any associated project impacts. Wood Rodgers will coordinate with CDFW to obtain authorization for the project effects and to secure the Streambed Alteration Agreement for the project. This Scope of Work assumes that the City will be responsible for the Section 1602 application fee, and any mitigation costs assigned to the project.

Deliverable: CDFW Streambed Alteration Agreement
Subtask 5.2 – Section 404 Nationwide Permit 43
Wood Rodgers will prepare and process a Pre-Construction Notification (PCN) package for compliance with the Clean Water Act Section 404 authorization by the USACE. The project is expected to qualify for a USACE Nationwide Permit using the current USACE guidelines under NWP 43 “Stormwater Management Facilities”. Wood Rodgers will prepare the PCN required for compliance with Section 404 and will submit it to the USACE with City approval. This Scope of Work assumes that the City will be responsible for any mitigation costs associated with the project.

Wood Rodgers will coordinate with the USACE to obtain the Section 404 authorization on behalf of the City.

Deliverable: Section 404 Nationwide Permit 43 Authorization ITEM 9.8.

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Subtask 5.3 – Section 401 Water Quality Certification
Wood Rodgers will prepare and process a Clean Water Act Section 401 Water Quality Certification application with the Central Valley Regional Water Quality Control Board in accordance with Sections 3830 through 3869 of Title 23 of the California Code of Regulations. The application will include details on the project location, project design, avoidance and minimization measures to protect water quality, and a proposed compensatory mitigation proposal for project effects to waters of the state. This Scope of Work assumes that the City will be responsible for the application fee and any mitigation costs assigned to the project. Wood Rodgers will coordinate with the RWQCB to obtain the Water Quality Certification on behalf of the City.

Deliverable: Section 401 Water Quality Certification
TASK 6.0 – SUBMISSION OF PHASE 1 DELIVERABLES
Non-Consultant Task Line Item
TASK 7.0 – PROJECT ADMINISTRATION (PHASE 2)
Non-Consultant Task Line Item
TASK 8.0 | FINAL ENGINEERING DESIGN
Subtask 8.1 – Final Landscape Design
Using the preliminary landscape plans of Task 4.4 (above) as a basis for design, Wood Rodgers will prepare the final landscape drawings, details, and specifications to construct the proposed work.

The work will include both planting and irrigation design for the areas to be landscaped (as described under Task 4.4). Landscape planting and irrigation design will adhere to City site development standards as well as the water efficient landscape ordinance requirements. Landscape plans will be submitted and processed with the civil improvement plans. We anticipate plan submittals at 90% and 100% design milestones.

The following landscape construction documents are anticipated:
• C
over Sheet and Plan Notes
• P lanting Plan
• I rrigation Plan with water use calculations
• L andscape Construction Details
Estimated costs for landscaping will be included in the cost estimates of Subtask 8.2 and Subtask

8.3. Subtask 8.2 – 90% Design Plans, Specifications, and Cost Estimate Under Subtask 8.2, Wood Rodgers will prepare 90% design plans and specifications. Comments on the 60% submittal are anticipated to be received from the City and will be incorporated into the 90% design. Comments will be formally responded to within a comment and response tracking spreadsheet. Electrical control drawings for the pump station will be included at the 90% submittal ITEM 9.8.

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level. Public passive recreation opportunities will occur at the 90% submittal. A parking lot, signage, and a walking trail are anticipated.

Deliverables: 90% Design Plans; Specifications; Opinion of Probable Cost in Bid Schedule Format.

Subtask 8.3 – 100% Design Plans, Specifications, and Cost Estimate Under Subtask 8.3, Wood Rodgers will prepare 100% (Final) design plans and specifications.

Comments on the 90% submittal are anticipated to be received from the City and will be incorporated into the 100% design. Comments will be formally responded to within a comment and response tracking spreadsheet. The 100% design plans and specifications will be suitable for construction bidding.

Pump station electrical design and passive recreation amenities will be advanced to the 100% design level. An Engineer’s Opinion of Probable Cost will be prepared for use in evaluating the construction bids that are received.

Deliverables: 100% Design Plans; Specifications; Opinion of Probable Cost in Bid Schedule Format.

TASK 9.0 – CONSTRUCTION PROCUREMENT
Subtask 9.1 – Responding to Bidders’ Questions
Wood Rodgers will assist the City in construction procurement by receiving and responding to bidders’ questions during the bid period. If necessary, an Addendum will be issued to the bidders to formally respond to questions and to provide design clarifications. One (1) bid addenda is assumed in the Scope of Work.

Deliverables: Response to Bidder Questions; Bid Addenda if necessary; Design Clarifications if necessary
TASK 10 | CONSTRUCTION
Subtask 10.1 – RFI Responses
During construction, Wood Rodgers will review RFIs from the Contractor (as submitted to Wood Rodgers by the Construction Manager) and respond as appropriate. It is anticipated that the City or a City consultant will perform construction management for the project. Wood Rodgers has this service capability and can propose on Construction Manager services if the City so desires.

Deliverable: RFI responses as necessary
Subtask 10.2 – Submittal Review and Response
Construction submittals for construction materials, pump station components, hauling and staging, and other aspects of construction are anticipated. Wood Rodgers recommends that the City include a line item for construction submittal review and response in the contract. Under this Subtask, Wood Rodgers will review construction submittals, provide comments, and approve submittals as appropriate during construction.

Deliverables: Submittal Responses
ITEM 9.8.

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Subtask 10.3 – Record Drawings
Using the red-line markup drawings that will be prepared by the Contractor during construction, Wood Rodgers will prepare the record drawings. The intent of the record drawings will be to capture the final configuration and design features of the project. Wood Rodgers anticipates that the City’s Construction Manager will ensure that Contractor’s as-built markups are accurate and complete.

Deliverable: Draft and Final Record Drawings and Specifications Subtask 10.4 – Electrical Startup and Testing
Construction startup and testing for the pump station will be economical if the electrical designer is included during construction closeout for system startup and testing. Under this subtask, Frisch Engineering will review the pump station electrical installation, check and confirm operation and operational setpoints for equipment. 1 day of factory witness testing and 4 days of testing in the field area included in the contract Scope of Work.

SCHEDULE
Wood Rodgers’ proposed schedule is attached as Figure 1.

BUDGET
The Scope of Work outlined above is proposed to be performed on a Time-and-Materials (T&M) basis.

Wood Rodgers’ proposed budget for this work is shown in Table 1 (attached). Table 2, Table 3, and Table 4 (attached), and the Youngdahl proposal (included as Attachment 1) provide additional information on the costs summarized in Table 1. Wood Rodgers’ Invoice and Liability Policies are attached as Exhibit A and Wood Rodgers’ 2023 Fee Schedule is attached as Exhibit B.

If you have any questions regarding this proposal, please contact me at 916-916-3073.

Sincerely,

Jonathan Kors
Vice President

Attachments

\\woodrodgers.loc\productiondata\publicworks\marketing\rfps-soqs\2022\22-0399 - rancho cordova, city of - monier circle stormwater detention basin\proposal in word\20230201_scope_of_work\scope_of_work_proposal_20230201.doc ITEM 9.8.

ATTACHMENT 2

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ID Task Name Duration Start Finish
1 NTP Phase 1 1 day Wed 3/1/23 Wed 3/1/23
2 1.0 PROJECT ADMINISTRATION (PHASE 1) - Non-Consultant Task Line Item 510 edays Thu 3/2/23 Wed 7/24/24 3 2.0 ENVIRONMENTAL PLANNING AND DOCUMENTATION 194 days Mon 5/1/23 Fri 1/26/24 4 2.1 Environmental Technical Studies 90 edays Mon 5/1/23 Sun 7/30/23 5 2.2 CEQA Initial Study; Mitigated Negative Declaration 180 edays Sun 7/30/23 Fri 1/26/24 6 3.0 ENGINEERING DESIGN PROCUREMENT - Non Consultant Task Line Item 1 day Thu 3/2/23 Thu 3/2/23 7 4.0 ENGINEERING DESIGN (Phase 1) 192 days Thu 3/2/23 Mon 11/27/23 8 4.1 Project Kickoff Meeting 1 day Fri 3/3/23 Fri 3/3/23 9 4.2 Consultant Coordination 120 edays Thu 3/2/23 Fri 6/30/23 10 4.3 30-Percent Design Plans 150 edays Thu 3/2/23 Sun 7/30/23 11 4.4 Geotechnical Infiltration Testing (optional task) 60 edays Thu 3/2/23 Mon 5/1/23 12 4.5 Hydrologic and Hydraulics Analysis 60 days Mon 4/17/23Fri 7/7/23 13 4.6 60-Percent Design Plans, Specifications 120 edays Sun 7/30/23 Mon 11/27/23 14 4.7 Cost Estimate and Benefit Cost Analysis 60 edays Tue 8/29/23 Sat 10/28/23 15 5.0 PERMITTING 172 days? Tue 11/28/23 Wed 7/24/24
16 5.1 Section 1600 Streambed Alteration Agreement 180 edays Fri 1/26/24 Wed 7/24/24 17 5.2 Section 404 Nationwide Permit 180 edays Fri 1/26/24 Wed 7/24/24 18 5.3 Section 401 Water Quality Certification 180 edays Fri 1/26/24 Wed 7/24/24 19 All Phase 1 Submittals Complete 1 day? Tue 11/28/23Tue 11/28/23 20 6.0 SUBMISSION OF PHASE 1 DELIVERABLES - Non Consultant Task Line Item 1 day Thu 12/7/23 Thu 12/7/23 21 NTP Phase 2 1 day Tue 4/2/24 Tue 4/2/24
22 7.0 PROJECT ADMINISTRATION (PHASE 2) - Non-Consultant Task Line Item 120 days Wed 4/3/24 Tue 9/17/24 23 8.0 FINAL ENGINEERING DESIGN (PHASE 2) 88 days Tue 4/2/24 Fri 8/2/24 24 8.1 90 Percent Design Plans, Specifications, and Cost Estimate 72 edays Tue 4/2/24 Thu 6/13/24 25 8.2 100 Percent Design Plans, Specifications, and Cost Estimate 50 edays Thu 6/13/24 Fri 8/2/24 26 9.0 CONSTRUCTION PROCUREMENT 32 days Fri 8/2/24 Tue 9/17/24 27 9.1 Respond ot Bidder Questions 45 edays Fri 8/2/24 Mon 9/16/24 28 Contract Award 1 day Tue 9/17/24 Tue 9/17/24
29 10.0 CONSTRUCTION 180 days Tue 9/17/24 Mon 5/26/25
30 10.1 RFI Responses 8 mons Tue 9/17/24 Mon 4/28/25
31 10.2 Construction Submittal Reviews 8 mons Tue 9/17/24 Mon 4/28/25 32 10.2 Record Drawings 1 mon Tue 4/29/25 Mon 5/26/25
33 10.3 Electrical Startup and Testing 1 mon Tue 4/29/25 Mon 5/26/25 34 11.0 CONSTRUCTION CLOSEOUT - Non-Consultant Task Line Item 1 mon Tue 5/27/25 Mon 6/23/25 3/1
3/3
11/28
4/2
9/17

D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J 2023 2024 2025

CITY OF RANCHO CORDOVA

MONIER CIRCLE STORMWATER DETENTION BASIN CIVIL ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES

PROJECT SCHEDULE
ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc.--Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE

Refer to the Attached Compensation Schedule
ITEM 9.8.

ATTACHMENT 2

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1 PROJECT ADMINISTRATION (PHASE 1) - Non-Consultant Task Line Item 2 ENVIRONMENTAL PLANNING AND HISTORIC PRESERVATION

2.1 Environmental Technical Studies $22,120 $0 $0 $7,160 $573 $29,853

2.2 CEQA Initial Study/Mitigated Negative Declaration $34,000 $0 $0 $0 $0 $34,000

2.3 NEPA Documentation/EHP Document Update $7,780 $0 $0 $0 $0 $7,780 Task 2 Subtotal $63,900 $0 $0 $7,160 $573 $71,633
3 ENGINEERING DESIGN PROCUREMENT - Non Consultant Task Line Item 4 ENGINEERING DESIGN (PHASE 1)

4.1 Project Kickoff Meeting $3,080 $0 $0 $0 $0 $3,080

4.2 Consultant Coordination $45,900 $0 $0 $0 $0 $45,900

4.3 30-Percent Design Plans $90,000 $0 $0 $0 $0 $90,000

4.4 Preliminary Landscape Design $9,560 $0 $0 $0 $0 $9,560

4.5 Geotechnical Investigation $1,560 $27,000 $0 $0 $2,160 $30,720

4.6 Geotechnical Infiltration Testing (Optional Task) $1,560 $10,700 $0 $0 $856 $13,116

4.7 Hydrology and Hydraulics Analysis $44,810 $0 $0 $0 $0 $44,810

4.8 60-Percent Design Plans, Specifications $90,000 $0 $0 $0 $0 $90,000

4.9 Cost Estimate and Benefit Cost Analysis $15,560 $0 $0 $0 $0 $15,560 Task 4 Subtotal $302,030 $37,700 $0 $0 $3,016 $342,746
5 PERMITTING

5.1 Section 1600 Streambed Alteration Agreement $14,430 $0 $0 $0 $0 $14,430

5.2 Section 404 Nationwide Permit $14,430 $0 $0 $0 $0 $14,430

5.3 Section 401 Permit and Water Right Exemption $14,430 $0 $0 $0 $0 $14,430 Task 5 Subtotal $43,290 $0 $0 $0 $0 $43,290
6 SUBMISSION OF PHASE 1 DELIVERABLES - Non Consultant Task Line Item 7 PROJECT ADMINISTRATION (PHASE 2) - Non-Consultant Task Line Item 8 FINAL ENGINEERING DESIGN (PHASE 2)

8.1 Final Landscape Design $24,000 $0 $0 $0 $0 $24,000

8.2 90 Percent Design Plans, Specifications, and Cost Estimate $39,500 $0 $39,275 $0 $3,142 $81,917

8.3 100 Percent Design Plans, Specifications, and Cost Estimate $21,440 $0 $9,995 $0 $800 $32,235 Task 8 Subtotal $84,940 $0 $49,270 $0 $3,942 $138,152
9 CONSTRUCTION PROCUREMENT

9.1 Respond to Bidder Questions $13,760 $0 $2,320 $0 $186 $16,266 Task 9 Subtotal $13,760 $0 $2,320 $186 $16,266
10 CONSTRUCTION

10.1 RFI Responses $11,700 $0 $7,800 $0 $624 $20,124

10.2 Construction Submittal Reviews $16,740 $0 $11,010 $0 $881 $28,631

10.3 Record Drawings $17,460 $0 $2,985 $0 $239 $20,684

10.4 Electrical Startup and Testing $960 $0 $12,675 $0 $1,014 $14,649 Task 10 Subtotal $46,860 $0 $34,470 $0 $2,758 $84,088
11 GRANT CLOSEOUT - Non Consultant Task Line Item
REIMBURSABLES $4,426 $0 $0 $0 $0 $4,426
TOTAL COSTS $559,206 $37,700 $86,060 $7,160 $10,474 $700,600 TOTAL COSTS (EXCLUDING OPTIONAL TASK 4.6 - Infiltration testing) $557,646 $27,000 $86,060 $7,160 $9,618 $687,484 TABLE 1

CITY OF RANCHO CORDOVA DEPARTMENT OF PUBLIC WORKS

MONIER CIRCLE STORMWATER DETENTION BASIN CIVIL ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES

PROPOSED BUDGET - SUMMARY
TASK DESCRIPTIONTASK NO. TOTAL COSTSSubconsultant
Markup (8%)FrischYoungdahlWood
Rodgers PAR
ITEM 9.8.

ATTACHMENT 2

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Principal
Engineer
II
Senior
Engineer
II
Senior
Engineer
I
Project
Engineer
II
Project GIS
I
Senior
Planner I
Project
Planner I
Senior
Landscape
Architect
Landscape
Architect I
Project
Coordinator
$300.00 $240.00 $230.00 $215.00 $205.00 $230.00 $205.00 $230.00 $180.00 $155.00 1 PROJECT ADMINISTRATION (PHASE 1) - Non-Consultant Task Line Item 2 ENVIRONMENTAL PLANNING AND HISTORIC PRESERVATION

2.1 Environmental Technical Studies 8 32 64 104 $22,120 $22,120

2.2 CEQA Initial Study/Mitigated Negative Declaration 16 48 96 160 $34,000 $34,000

2.3 NEPA Documentation/EHP Document Update 16 20 36 $7,780 $7,780 Task 2 Subtotal $63,900 $63,900
3 ENGINEERING DESIGN PROCUREMENT - Non Consultant Task Line Item 4 ENGINEERING DESIGN (PHASE 1)
$0

4.1 Project Kickoff Meeting 4 4 4 12 $3,080 $3,080

4.2 Consultant Coordination 54 116 12 182 $45,900 $45,900

4.3 30-Percent Design Plans 8 120 140 140 408 $90,000 $90,000

4.4 Preliminary Landscape Design 2 4 16 24 46 $9,560 $9,560

4.5 Geotechnical Investigation 2 4 6 $1,560 $1,560

4.6 Geotechnical Infiltration Testing (Optional Task) 2 4 6 $1,560 $1,560

4.7 Hydrology and Hydraulics Analysis 1 80 120 2 203 $44,810 $44,810

4.8 60-Percent Design Plans, Specifications 8 120 140 140 408 $90,000 $90,000

4.9 Cost Estimate and Benefit Cost Analysis 4 24 40 68 $15,560 $15,560 Task 4 Subtotal $302,030 $302,030
5 PERMITTING

5.1 Section 1600 Streambed Alteration Agreement 2 2 16 48 68 $14,430 $14,430

5.2 Section 404 Nationwide Permit 2 2 16 48 68 $14,430 $14,430

5.3 Section 401 Permit and Water Right Exemption 2 2 16 48 68 $14,430 $14,430 Task 5 Subtotal $43,290 $43,290
6 SUBMISSION OF PHASE 1 DELIVERABLES - Non Consultant Task Line Item 7 PROJECT ADMINISTRATION (PHASE 2) - Non-Consultant Task Line Item 8 FINAL ENGINEERING DESIGN (PHASE 2)

8.1 Final Landscape Design 4 12 24 80 120 $24,000 $24,000

8.2 90 Percent Design Plans, Specifications, and Cost Estimate 2 40 60 80 182 $39,500 $39,500

8.3 100 Percent Design Plans, Specifications, and Cost Estimate 2 24 32 40 98 $21,440 $21,440 Task 8 Subtotal $84,940 $84,940
9 CONSTRUCTION PROCUREMENT

9.1 Respond to Bidder Questions 4 16 32 8 60 $13,760 $13,760 Task 9 Subtotal $13,760 $13,760
10 CONSTRUCTION

10.1 RFI Responses 4 24 12 4 8 52 $11,700 $11,700

10.2 Construction Submittal Reviews 4 24 40 2 4 74 $16,740 $16,740

10.3 Record Drawings 4 24 40 2 8 78 $17,460 $17,460

10.4 Electrical Startup and Testing 4 4 $960 $960
Task 10 Subtotal $46,860 $46,860
11 GRANT CLOSEOUT - Non Consultant Task Line Item
Reimbursables $4,426 $4,426
TOTAL COST - W/O OPTIONAL LINE ITEMS $557,646 $557,646
TOTAL COSTS $559,206 $559,206
Phase 1 - Initial Design
Phase 2 - Final Design + Construction
PROPOSED BUDGET - WOOD RODGERS INC.

MONIER CIRCLE STORMWATER DETENTION BASIN CIVIL ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES

CITY OF RANCHO CORDOVA DEPARTMENT OF PUBLIC WORKS
TABLE 2
Direct LaborTOTAL

MAN-HOURS

DIRECT LABOR CLASSIFICATIONS
TASK NO. TASK DESCRIPTION TOTAL
COSTS
ITEM 9.8.

ATTACHMENT 2

Page 107 of 384 ends

Director,
Cutlural
Resources
Senior
Archaeologist
Associate
Archaeologist
$180.00 $100.00 $75.00
1 PROJECT ADMINISTRATION (PHASE 1) - Non-Consultant Task Line Item 2 ENVIRONMENTAL PLANNING AND HISTORIC PRESERVATION

2.1 Environmental Technical Studies 2 16 60 78 $6,460 $700 $7,160

2.2 CEQA Initial Study/Mitigated Negative Declaration $0 $0 $0

2.3 NEPA Documentation/EHP Document Update $0 $0 $0
Task 2 Subtotal $0 $700 $7,160
3 ENGINEERING DESIGN PROCUREMENT - Non Consultant Task Line Item 4 ENGINEERING DESIGN (PHASE 1)

4.1 Project Kickoff Meeting $0 $0 $0

4.2 Consultant Coordination $0 $0 $0

4.3 30-Percent Design Plans $0 $0 $0

4.4 Geotechnical Infiltration Testing $0 $0 $0

4.5 60-Percent Design Plans, Specifications $0 $0 $0

4.6 Cost Estimate and Benefit Cost Analysis $0 $0 $0
Task 4 Subtotal $0 $0 $0
5 PERMITTING

5.1 Section 1600 Streambed Alteration Agreement $0 $0 $0

5.2 Section 404 Nationwide Permit $0 $0 $0

5.3 Section 401 Permit and Water Right Exemption $0 $0 $0

5.4 Construction General Permit Coverage $0 $0 $0
Task 5 Subtotal $0 $0 $0
6 SUBMISSION OF PHASE 1 DELIVERABLES - Non Consultant Task Line Item 7 PROJECT ADMINISTRATION (PHASE 2) - Non-Consultant Task Line Item 8 FINAL ENGINEERING DESIGN (PHASE 2)

8.1 90 Percent Design Plans, Specifications, and Cost Estimate $0 $0 $0

8.2 100 Percent Design Plans, Specifications, and Cost Estimate $0 $0 $0 Task 8 Subtotal $0 $0 $0
9 CONSTRUCTION PROCUREMENT

9.1 Respond to Bidder Questions $0 $0 $0
Task 9 Subtotal $0 $0 $0
10 CONSTRUCTION

10.1 RFI Responses $0 $0 $0

10.2 Construction Submittal Reviews $0 $0 $0

10.3 Record Drawings $0 $0 $0

10.4 Electrical Startup and Testing $0 $0 $0
Task 10 Subtotal $0 $0 $0
11 GRANT CLOSEOUT - Non Consultant Task Line Item
TOTAL COST - W/O OPTIONAL LINE ITEMS $0
TOTAL COSTS $0 $7,160
TABLE 4

CITY OF RANCHO CORDOVA DEPARTMENT OF PUBLIC WORKS

MONIER CIRCLE STORMWATER DETENTION BASIN CIVIL ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES

PROPOSED BUDGET - PAR ENVIRONMENTAL
Reimbur-
sables
TOTAL
COSTS
Phase 1 - Initial Design
Phase 2 - Final Design + Construction
TASK NO. TASK DESCRIPTION

DIRECT LABOR CLASSIFICATIONS
TOTAL
MAN-
HOURS
Direct Labor
ITEM 9.8.

ATTACHMENT 2

Page 108 of 384 ends

2.1 Environmental Technical Studies 2 16 60 78 $6,460 $700 $7,160

2.2 CEQA Initial Study/Mitigated Negative Declaration $0 $0 $0

2.3 NEPA Documentation/EHP Document Update $0 $0 $0
Task 2 Subtotal $0 $700 $7,160
3 ENGINEERING DESIGN PROCUREMENT - Non Consultant Task Line Item 4 ENGINEERING DESIGN (PHASE 1)

4.1 Project Kickoff Meeting $0 $0 $0

4.2 Consultant Coordination $0 $0 $0

4.3 30-Percent Design Plans $0 $0 $0

4.4 Geotechnical Infiltration Testing $0 $0 $0

4.5 60-Percent Design Plans, Specifications $0 $0 $0

4.6 Cost Estimate and Benefit Cost Analysis $0 $0 $0
Task 4 Subtotal $0 $0 $0
5 PERMITTING

5.1 Section 1600 Streambed Alteration Agreement $0 $0 $0

5.2 Section 404 Nationwide Permit $0 $0 $0

5.3 Section 401 Permit and Water Right Exemption $0 $0 $0

8.1 90 Percent Design Plans, Specifications, and Cost Estimate $0 $0 $0

8.2 100 Percent Design Plans, Specifications, and Cost Estimate $0 $0 $0 Task 8 Subtotal $0 $0 $0
9 CONSTRUCTION PROCUREMENT

9.1 Respond to Bidder Questions $0 $0 $0
Task 9 Subtotal $0 $0 $0
10 CONSTRUCTION

10.1 RFI Responses $0 $0 $0

10.2 Construction Submittal Reviews $0 $0 $0

10.3 Record Drawings $0 $0 $0

10.4 Electrical Startup and Testing $0 $0 $0
Task 10 Subtotal $0 $0 $0
11 GRANT CLOSEOUT - Non Consultant Task Line Item
TOTAL COST - W/O OPTIONAL LINE ITEMS $0
TOTAL COSTS $0 $7,160
Reimbur-
sables
TOTAL
COSTS
Phase 1 - Design
Phase 2 - Construction
TASK NO. TASK DESCRIPTION

DIRECT LABOR CLASSIFICATIONS
TOTAL
MAN-
HOURS
Direct Labor
TABLE 4

CITY OF RANCHO CORDOVA DEPARTMENT OF PUBLIC WORKS

MONIER CIRCLE STORMWATER DETENTION BASIN CIVIL ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES

PROPOSED BUDGET - PAR ENVIRONMENTAL
ITEM 9.8.

ATTACHMENT 2

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ITEM 9.8.

ATTACHMENT 2

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EXHIBIT “B”

SACRAMENTO & ROSEVILLE FEE SCHEDULE

CLASSIFICATION STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $300 Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I $265 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II $240 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I $230 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II $215 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* I $205 Engineer/Geologist/Surveyor/Planner/GIS/LA* II $195
Engineer/Geologist/Surveyor/Planner/GIS/LA* I $180
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA* $150 Designer $95
Senior CAD Technician/Graphics Designer II $180
Senior CAD Technician/Graphics Designer I $160
CAD Technician/Graphics Designer $140
Project Coordinator $155
Administrative Assistant $120
1 Person Survey Crew $235
2 Person Survey Crew $340
3 Person Survey Crew $435
Consultants, Outside Services, Materials & Direct Charges Cost Plus 10% Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50%

*LA = Landscape Architect

Blueprints, reproductions, and outside graphic services will be charged at vendor invoice. Auto mileage will be charged at the IRS standard rate, currently 62.5 cents per mile.

Fee Schedule subject to change January 1, 2024.

ITEM 9.8.

ATTACHMENT 2

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CONTRACT NO.: 2023-18

Professional Services Agreement between February 21, 2023 City of Rancho Cordova and Wood Rodgers, Inc.--Exhibit C Page 1 of 1

EXHIBIT C

CERTIFICATION REGARDING LOBBYING

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

If applicable, contractors must sign and submit the following certification to the NFE with each bid or offer exceeding $100,000:

Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

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

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

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, Wood Rodgers, Inc., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

_____________________________________________________________________________________ Signature of Contractor’s Authorized Official Date

_____________________________________________________________________________________ Name and Title of Contractor’s Authorized Official

ITEM 9.8.

ATTACHMENT 2

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ITEM 9.8.

ATTACHMENT 3

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 9.9.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Elizabeth Sparkman, Community Development Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE

THE THIRD AMENDMENT TO A CONTRACT WITH SHUMS CODA TO

MODIFY EXHIBIT B TO UPDATE THE BILLING RATES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute a Third Amendment to the Contract to update Exhibit B to reflect current billing rates.

BACKGROUND

The City entered into an On-Call Professional Services Agreement dated March 1, 2017 for the purpose of providing on-call plan review, permitting, and field inspection services through March 1, 2019. A First Amendment to the Agreement extended the end date from March 1, 2019 to March 1, 2022. A Second Amendment to the Agreement further extended the end date to December 31, 2025. None of the previous amendments adjusted the billing rates. This Third Amendment to the Agreement updates the Exhibit B to reflect current billing rates.

FISCAL IMPACT AND FUNDING SOURCE

The services covered by this contract are funded by building permit fees collected.

ATTACHMENT(S)

1. Resolution

2. Third Amendment to Contract

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ITEM 9.9. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SHUMS CODE

ASSOCIATES TO UPDATE THE BILLING RATES

WHEREAS, the City entered into an On-Call Professional Services Agreement (Agreement) dated March 1, 2017 with Shums Code Associates for the purpose of providing on- call professional plan review, permitting, and field inspection services through March 1, 2019; and

WHEREAS, a First Amendment to the Agreement extended the end date of the term from March 1, 2019 to March 1, 2022; and

WHEREAS, a Second Amendment to the Agreement further extended the end date of the term from March 1, 2022 to December 31, 2025; and

WHEREAS, this Third Amendment to the Agreement updates the Exhibit B to the Agreement to reflect current rates for services; and

WHEREAS, the parties agree that changes to the rates are necessary in order for the City to continue receiving certain professional services from Professional.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to execute the Third Amendment to the contract with Shums Coda Associates to update Exhibit B of the contract.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

Page 115 of 384 ends

CONTRACT NO. 22-2017-3

THIRD AMENDMENT TO THE ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF RANCHO CORDOVA AND SHUMS CODA ASSOCIATES This
Third Amendment to the On-Call Agreement for Professional Services ("Amendment") is made by and between the City of Rancho Cordova ("City") and Shums Coda ("Professional") as of January 27, 2023. City and Professional are hereinafter collectively referred to as the "Parties."

RECITALS

WHEREAS,
the Parties entered into an On-Call Professional Services Agreement ("PSA") dated March 1, 2017 for the purpose of providing on-call professional plan review, permitting, and field inspection services through March 1_, 2019; and
WHEREAS, the First Amendment extended the end date of the term from March 1, 2019 to March 1, 2022; and
WHEREAS, the Second Amendment extended the end date of the term from March 1, 2022 to December 31, 2025; and
WHEREAS, this Third Amendment will update Exhibit B to reflect current rates; and WHEREAS, the Parties agree that changes to the term and services provided for in the PSA are necessary in order for the City to continue receiving services by Professional.

NOW, THEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. The document entitled "Cost Information" attached hereto as Exhibit B shall replace and supersede the PSA's Exhibit B.

2. 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.

3. 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.

Third Amendment to Professional Services Agreement between City of Rancho Cordova and Shums Coda Associates

Page 1 of 2 ends

ITEM 9.9.

ATTACHMENT 2

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ITEM 9.9.

ATTACHMENT 2

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ITEM 9.9.

ATTACHMENT 2

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ITEM 9.9.

ATTACHMENT 2

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 9.10.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Elizabeth Sparkman, Community Development Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A THIRD AMENDMENT TO THE CONTRACT WITH SYTECH
SOLUTIONS TO INCREASE THE AMOUNT FROM $95,000 TO
$345,000, EXTEND THE TERM OF SERVICES, AND UPDATE

BILLING RATES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute a Third Amendment to the Contract to extend the end date of the term to December 31, 2025, increase the contract amount to $345,000 and update Exhibit B.

BACKGROUND

The City entered into a Professional Services Agreement dated July 1, 2020 for the purpose of providing scanning and storage of building drawings; scanning of City documents in general through June 30, 2021. A First Amendment to the Agreement extended the end date from June 30, 2021 to June 30, 2023 and increased the contract amount from $30,000 to $60,000. A Second Amendment increased the contract amount from $60,000 to $95,000. None of the previous amendments adjusted the billing rates. This Third Amendment to the Agreement will extend the end date from June 30, 2023 to December 31, 2025, increase the contract amount from $95,000 to $345,000, and update Exhibit B to reflect current billing rates.

FISCAL IMPACT AND FUNDING SOURCE

The services covered by this contract are funded by building permit fees collected.

ATTACHMENT(S)

1. Resolution

2. Third Amendment to Contract with Sytech

Page 120 of 384 ends

ITEM 9.10. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 1

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023

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

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SYTECH SOLUTIONS, INC. TO EXTEND THE END DATE OF THE TERM, INCREASE THE

CONTRACT AMOUNT AND UPDATE THE BILLING RATES
WHEREAS, the City entered into a Professional Services Agreement ("PSA") dated July 1, 2020 with Sytech Solutions, Inc. for the purpose of providing scanning and storage of building drawings and scanning of City documents in general; and

WHEREAS, a First Amendment to the Agreement extended the end date of the term from June 30, 2021 to June 30, 2023 and increased the contract amount from $30,000 to $60,000; and

WHEREAS, a Second Amendment to the Agreement increased the contract amount from $60,000 to $95,000; and

WHEREAS, this Third Amendment to the Agreement will extend the end date of the term from June 30, 2023 to December 31, 2025, increase the contract amount from $95,000 to $345,000, allowing the City to continue to receive services under the contract, and update Exhibit B to reflect current rates; and

WHEREAS, the Parties agree that changes to the terms and services provided for in the PSA are necessary in order for the City to continue receiving services from Sytech Solutions, Inc.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to execute a Third Amendment to the contract with Sytech Solutions to increase the amount from $95,000 to $345,000, extend the term of services, and update billing rates.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk

Page 121 of 384 ends

CONTRACT NO. 2020-54-3

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND SYTECH SOLUTIONS, INC.

This Third Amendment to the Agreement for Professional Services ("Amendment") is made by and between the City of Rancho Cordova ("City") and Sytech Solutions, Inc. ("Professional") as of January 6, 2023. City and Professional are hereinafter collectively referred to as the "Parties."

RECITALS

WHEREAS, the Parties entered into a Professional Services Agreement ("PSA") dated July 1, 2020, for the purpose of providing scanning and storage of Building drawings; scanning of City documents in general; and
WHEREAS, the First Amendment extended the end date of the term from June 30, 2021, to June 30, 2023 and increased the contract amount from $30,000 to $60,000; and WHEREAS, the Second Amendment increased the contract amount from $60,000 to $95,000; and
WHEREAS, this Third Amendment will extend the end date of the term from June 30, 2023, to December 31, 2025, and increase the contract amount from $95,000 to $345,000, allowing us to continue to receive services from contract and update Exhibit B to reflect current rates; and WHEREAS, the Parties agree that changes to the term and services provided for in the PSA are necessary in order for the City to continue receiving services by Professional.

NOW, THEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. The document entitled "Schedule of Costs Rate Sheet" attached hereto as Exhibit B shall replace and supersede the PSA's Exhibit 8.

2. The Parties agree to modify the end date of the PSA from June 30, 2023, to December 31, 2025.

The first sentence of Section 1. 1 of the PSA, "Term of Service," is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2025, and Professional shall complete the work described in Exhibit 6 prior to that date; unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8."

3. Section 2 of the PSA, "Compensation," provides for the City to pay Professional a sum not to exceed Three Hundred Forty-Five Thousand Dollars ($345,000.00). The Parties agree to amend Third Amendment to Professional Services Agreement between City of Rancho Cordova and Sytech Solutions, Inc.

Page 1 of 3 ends

ITEM 9.10.

ATTACHMENT 2

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ITEM 9.10.

ATTACHMENT 2

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ITEM 9.10.

ATTACHMENT 2

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ITEM 9.10.

ATTACHMENT 2

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 10.1.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer

SUBJECT: A RESOLUTION VACATING A PUBLIC UTILITY EASEMENT PURSUANT TO THE PROVISIONS OF CHAPTER 3, PART 3 OF

PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS
VACATION LAW COMMENCING AT SECTION 8320 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE (EASTON

RESEARCH PARK WEST)

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would vacate all those portions of land designated “Public Utility Easement (P.U.E.)” within Lot 3, Lot 4, Lot 6, Lot 7, and Lot 8 as shown on that certain Final Map entitled “Subdivision No. FM 2021-001-00 Easton Research Park West Large Lot Map”, filed for record on December 13, 2021, in Book 434 of Maps, at Page 5, Sacramento County Records.

BACKGROUND

A lot line adjustment has been approved by the Planning Department that reconfigures the lots in the Easton Research Park West Large Lot Map. The private road and public utility easement shown on the map within the above-mentioned will be relocated. The Rancho Cordova Public Works Department and local public utilities have found no objection to the vacation of the P.U.E. as described and shown in Attachment 2.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact to the City's general fund.

ATTACHMENT(S)

1. Resolution

2. Exhibits A and B to the Resolution - Land Description

Page 126 of 384 ends

ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2023

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

OF CALIFORNIA, VACATING A PUBLIC UTILITY EASEMENT PURSUANT TO THE PROVISIONS OF CHAPTER 3, PART 3 OF PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW COMMENCING AT SECTION 8320 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE

WHEREAS, a hearing date was scheduled for a proposed resolution to vacate all those portions of land designated “Public Utility Easement (P.U.E.)” within Lot 3, Lot 4, Lot 6, Lot 7, and Lot 8 as shown on that certain Final Map entitled “Subdivision No. FM 2021-001-00 Easton Research Park West Large Lot Map”, filed for record on December 13, 2021, in Book 434 of Maps, at Page 5, Sacramento County Records; and
WHEREAS, a notice of the hearing has been posted at City Hall at least two weeks in advance of the hearing; and
WHEREAS, notice of the date, time and place of hearing of the proposed vacation was published for at least two successive weeks prior to the hearing; and WHEREAS, at least two weeks before the day set for the hearing, at least three notices of vacation were conspicuously posted along the easements to be vacated, not more than 300 feet apart; and
WHEREAS, the hearing described above has been conducted, and this Council, having heard and considered all oral, documentary and other evidence presented, hereby finds, determines and orders as follows:

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF RANCHO CORDOVA that the Council hereby finds as follows:

Pursuant to the provisions of Chapter 4, Part 4 of Public Streets, Highways, and Service Easements Vacation Law commencing at Section 8355 of the California Streets and Highways Code, the private road access and the public utility easement has been relocated, therefore, the easement as dedicated on the final map is no longer needed. The City of Rancho Cordova Department of Public Works has no objection to this vacation.

BE IT FURTHER RESOLVED AND ORDERED THAT

1. The public utility easement as described in Exhibit A and Exhibit B is hereby vacated.

2. The City Clerk of the City of Rancho Cordova shall cause a certified copy of this Resolution of Vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of the County of Sacramento.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of February 2023 by the following vote:

Page 127 of 384 ends

ITEM 10.1. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Linda Budge, Mayor

Stacy Leitner, CMC
City Clerk

Page 128 of 384 ends

4049.002
DJB

Page 1 of 1 ends

EXHIBIT ‘A’

LAND DESCR
IPTION
All those portions of land designated “Public Utility Easement (P.U.E.)” within Lot 3, Lot 4, Lot 5, Lot 6, Lot 7, and Lot 8, as shown on that certain Final Map entitled “Subdivision No. FM 2021-001-00 Easton Research Park West Large Lot Map”, filed for record on December 13, 2021, in Book 434 of Maps, at Page 5, Sacramento County Records, in the City of Rancho Cordova, County of Sacramento, State of California.

Containing 1.581 acres, more or less.

See Exhibit ‘B’, plat to accompany description, attached hereto and made a part hereof.

END OF DESCRIPTION
January 10, 2023
David J. Brent, PLS 9602
PREPARED BY WOOD RODGERS, INC.

SACRAMENTO, CALIFORNIA
ITEM 10.1.

ATTACHMENT 2
Exhibits A and B to the Resolution

Page 129 of 384 ends

PLAT TO ACCOMPANY

DESCRIPTION

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-BTel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
1 RANCHO CORDOVA LOGISTICS CENTER

PUBLIC UTILITY EASEMENT

ABANDONEMENT

CITY OF RANCHO CORDOVA

COUNTY OF SACRAMENTO STATE OF CALIFORNIA
JANUARY 10, 2023 4049.002 SHEET OF 1
ITEM 10.1.

ATTACHMENT 2
Exhibits A and B to the Resolution

Page 130 of 384 ends

MEMORANDUM
City Council Staff Report - Page 1 of 1

ITEM 11.1.

DATE: February 21, 2023

TO: Honorable Mayor and Council Members

FROM: Nicholas Sosa, Associate Planner

SUBJECT: LOGISTICENTER AT RANCHO CORDOVA MAJOR DESIGN REVIEW - PROJECT NO. PLND-1021-0015

RECOMMENDATION

Continue to the March 6, 2023, City Council Meeting.

RESULT OF RECOMMENDED ACTION

This item will be continued to the March 6, 2023 City Council Meeting to allow Staff and the City's legal team to continue to address legal letters received for the proposed project as well as additional comments received at the February 6, 2023 City Council Meeting.

ATTACHMENT(S)

1. Law Offices of Gloria D. Smith Letter Dated 2.13.23

2. Miller Starr Regalia Letter Dated 2.17.23

Page 131 of 384 ends

1 The Law Offices of Gloria D. Smith
48 Rosemont Place
San Francisco, CA 94103
(415) 308-9124
[email protected]
February 13, 2023
B
y E-mail
[email protected].

Mayor Linda Budge
Vice Mayor David M. Sander, Ph.D.

Councilmember Donald Terry
Councilmember Siri Pulipati
Councilmember Garrett Gatewood
Rancho Cordova City Council
2729 Prospect Park Drive
Rancho Cordova, CA 95670
RE: LogistiCenter at Rancho Cordova (PLND-1021-0015)
Dear Mayor Budge, Honorable Council Members:

This letter clarifies Stone Creek Residents for Smart Growth’s January 27, 2023 letter concerning the validity of the development agreement under which Dermody asserts the proposed warehouse project would be covered. To recap, the Government Code specifies that newly incorporated cities generally inherit development agreements negotiated by counties where the county entered into the agreement before the election for incorporation of the new city.
1 That was not the order of events here; instead, Sacramento County and Elliott Homes entered into the agreement on May 28, 2003 after the election for incorporation occurred on November 5, 2002. Because the chain of events conflicts with the statute, the inheritance provisions under the statute never applied. The Institute of Local Self Government, a nonprofit research arm of the League of California Cities, explains the threshold legal requirements:
“The development agreement law provides that cities generally inherit development agreements negotiated by counties for newly incorporated or newly annexed areas. See Cal.

Gov’t Code § 65865.3(a) (for incorporations, the effective date of the incorporation must be after January 1, 1987). The development agreement must meet the following requirements, however:
1 Gov’t Code § 65865.3(a) and (c).

ITEM 11.1.

ATTACHMENT 1

Page 132 of 384 ends

2 • The application for the agreement must have been submitted before the first signature was placed on the petition for annexation or incorporation (or resolution initiating such proceedings);
• The agreement must have been entered into prior to the incorporation/annexation election (or prior to the date on which the conducting authority ordered the annexation); and
• The annexation is initiated by the city (or, if initiated by someone else, the city does not adopt written findings that the development agreement is injurious to the health, safety or welfare of city residents. See Cal. Gov’t Code § 65865.3(c) and (d). The duration of such inherited development agreements is the duration of the agreement or eight years, whichever is shorter. See Cal. Gov’t Code § 65865.3(a).”
2 The Elliott Homes development agreement did not meet all of the above requirements, so Rancho Cordova did not inherit the County’s agreement (If a development agreement was finalized after the incorporation of a new city, then the new city itself would be the proper governmental signatory in the first instance.).

Ignoring that the statute disallowed inheritance of the development agreement, in 2004, the City amended the agreement’s duration to 15 years (presumably in accordance § 65865.3(a)). However, that amendment cannot save the agreement either because the longest statutorily allowed extension is limited to 15 years.3 The City’s 2016 attempt to revert the duration of the development agreement to the original term of 20 years was inconsistent with the statute.4 So, even under the most expansive reading of the law, the agreement expired in 2018. Dermody must submit to the City an application for a conditional use permit if it intends to pursue its project.

THE LAW OFFICES OF GLORIA D. SMITH

Gloria D. Smith

2 https://www.ca-ilg.org/sites/main/files/file-attachments/resources__FinalDevAgreement4-5-02.pdf 3 See Govt Code Section 65865.3(a). (“Except as otherwise provided in subdivisions (b) and (c), Section 65868, or Section 65869.5, notwithstanding any other law, if a newly incorporated city or newly annexed area comprises territory that was formerly unincorporated, any development agreement entered into by the county prior to the effective date of the incorporation or annexation shall remain valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The holder of the development agreement and the city may agree that the development agreement shall remain valid for more than eight years, provided that the longer period shall not exceed 15 years from the effective date of the incorporation or annexation.”)
4 See Ordinance No. 6-2016.

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DEVELOPMENT AGREEMENT MANUAL:

Collaboration in Pursuit of Community Interests

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ABOUT THE INSTITUTE FOR L OCAL SELF GOVERNMENT
This publication is a special project of the Institute for Local Self Government, which is the nonprof it research arm of the League of California Cities. The Institute was founded in 1955 as an educational organization to promote and strengthen the processes of local self government. The Institute’s mission is to serve as a source of independent research a nd information that supports and improves the development of public policy on behalf of California’s communities and cities.

The Institute’s work is concentrated in three areas:
• Land Use
• Fiscal Issues
• Public Confidence in Local Government
For more inform ation about the Institute and its programs, please visit the Institute’s website at www.ilsg.org
.

ABOUT THE COMMUNITY LAND USE PROJECT
The Institute’s work in the land use area is known as the Community Land Use Project. The goal of this effort is to assist local agencies in finding solutions to land and resource issues that appropriately balance private and public interests in community and property. The project focuses primarily on an area of the law known as “regulatory takings,” but the project also addresses other issues that pose significant challenges for public agencies.

The Community Land Use Project is developing a number of resources —such as this publication—that are designed to help local officials implement their land use programs. The project is grateful for the generous support of the David and Lucile Packard Foundation and the League of California Cities.

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DEVELOPMENT AGREEMENT MANUAL:

COLLABORATION IN PURSUIT

OF COMMUNITY INTERESTS

Prepared by David J. Larsen, City Attorney, Loomis; Berding & Weil, LLP

With Special Thanks to the Following Individuals
Who Contributed Their Time and Expertise to
This Manual:

William Curley
Attorney
Richards, Watson & Gershon
Craig Ewing
Director of Community Development
City of Belmont
Vince Bertoni
Planning Manager
City of Santa Clarita

Steven P. Rudolph
City Attorney
City of Folsom
Janet Ruggiero,
Director of Community Development
City of Citrus Heights

Linda Guillis
Community and Economic
Development Director
City of Moreno Valley

Peter Brown
City Attorney
City of Carpinteria
Tom Sullivan
Director of Community Development
City of Saratoga

Debra E. Corbett
City Attorney
City of Tracy

PRODUCTION & EDITING

+ JoAnne Speers + Kara Ueda + Charles Summerell + Meghan Sokol + Jude Hudson + Iolandé V. Argènt +

All final decisions about the content and formatting of this report were made by the Institute for Local Self Government.

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1400 K STREET, SUITE 400
SACRAMENTO , CA 95814
(916) 658-8208

www.ilsg.org

THIS PUBLICATION IS NO SUBSTITUTE FOR LEGAL ADVICE
This publication provides an overview of development agreement practices and at times provides summaries of the law. Readers should note that attorneys can, and do, disagree about many of the issues addressed in this Development Agreement Manual. Moreover, proposals to change the land use regulatory process are frequently introduced in the state Legislature and new court decisions can alter the practices a public agency should follow. Accordingly:
• Public officials should always consult with agency counsel when confronted with specific situations related to land use laws;
• Agency counsel using this publication as a resource should always read and update the authorities cited to ensure that their advice reflects a full examination of the current and relevant authorities; and
• Members of the public and p roject proponents reading this publication should consult with an attorney knowledgeable in the fields of land use and real property development law.

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CONTENTS

1. INTRODUCTION .................................................................................... 9 What are Development Agreements...........................................................................9 In This Manual.............................................................................................................9

2. THE ADVANTAGES AND DISADVANTAGES OF DEVELOPMENT
AGREEMENTS…………………………...………………………………….1
1 Advancing Land Use Policies.....................................................................................11 Potential Advantages: The Ability to Better Implement Planning Policies........12 Potential Disadvantages: May Promote Bad Planning.......................................13 Imposing Conditions...................................................................................................14 Potential Advantages: More Encompassing Developer Requirements May be Enforced.................................................................................................................15 Statutory and Constitutional Restrictions.......................................................15 Avoiding Constraints and Uncertainties..........................................................17 Potential Disadvantages: Unrealistic Expectations May Make Project Infeasible ...............................................................................................................18 Assuring Project Can Be Built...................................................................................19 Potential Advantages: Fewer Surprises After Project Approval........................20 Potential Disadvantages: Rules of Engagement Are Locked In........................20 Summary.....................................................................................................................23

3. ACHIEVING LAND USE PLANNING OBJECTIVES THROUGH
DEVELOPMENT AGREEMENTS................................................................. 25 The Importance of Comprehensive Planning............................................................25 The Role of Planning Policies in the Negotiation Process..................................26 Planning Policies as a Mechanism for Defining Project Proponent Expectations. 28 Uses of Development Agreements............................................................................28 Summary.....................................................................................................................28

4. THE NUTS AND BOLTS OF PROCESSI NG DEVELOPMENT AGREEMENTS30 ITEM 11.1.

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Purpose/Findings........................................................................................................31 Application Process....................................................................................................31 Public Hearings and Notice........................................................................................32 Development Agreements and Public Input.........................................................32 Public Input on Consideration of the Proposed Agreement................................34 Notice Issues .........................................................................................................35 Decisionmaker Input on Development Agreements and Findings..........................36 Involving the Planning Commission Early On......................................................36 Planning Commission Recommendation and Input on Findings..........................37 Governing Body Hearing and Decision on the Development Agreement..........38 Action on the Agreement......................................................................................39 Recordation and Other Post-Approval Steps............................................................39 Amending the Development Agreement...................................................................40 Development Agreements and Accountability..........................................................40 Summary.....................................................................................................................41

5. THE ART OF NEGOTIATING DEVELOPMENT AGREEMENTS................ 43 Who is Going to Negotiate?.......................................................................................43 Reaching Consensus..................................................................................................44 Knowing Who is Across the Table........................................................................44 Setting Expectations..............................................................................................44 The Utility of Ground Rules..................................................................................45 Setting Priorities....................................................................................................46 Have a Strategy.....................................................................................................46 Interest-Based Bargaining Techniques................................................................47 Summary.....................................................................................................................48

6. THE SUBSTANCE OF A DEVELOPMENT A GREEMENT.......................... 49 Who Will do the Drafting?.........................................................................................49 When Should the Drafting Begin?.............................................................................50 Common Provisions In Development Agreements...................................................50 The Parties to the Agreement...............................................................................50 ITEM 11.1.

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Use of Recitals ......................................................................................................51 Term.......................................................................................................................51 Required Contents................................................................................................52 Public Benefits.......................................................................................................53 Addressing a Potential Police Power Challenge..................................................53 Recovery of Costs .................................................................................................55 Which Regulations Are Frozen?...........................................................................55 “Milest one” Requirements ..................................................................................56 Default, Remedies and Termination56
Non-Performance Issues.......................................................................................56 State or Federal Laws...........................................................................................57 Annual Review.......................................................................................................57 Enforcement...........................................................................................................58 Recordation...........................................................................................................58 Certificate of Satisfaction.....................................................................................58 Indemnification and Hold Harmless Provision.....................................................58 Amendment or Cancellation..................................................................................59 Assignment............................................................................................................59 Successors .............................................................................................................59 Validity of Portions of the Agreement Severability.............................................60 Attorneys Fees ......................................................................................................60 Good Faith and Fair Dealing.................................................................................60 Signatures and Subordination...............................................................................60 Summary.....................................................................................................................61

7. CONCLUSION ..................................................................................... 69 FEEDBACK FORM ................................................................................... 71 PUBLICATION ORDER FORM .................................................................. 73 INDEX...................................................................................................... 75 ITEM 11.1.

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Spring, 2002

Dear Reader:

On behalf of the Institute’s board of directors, we are pleased to be able to offer this resource to assist you in understanding issues relating to development agreements.

A key Institute goal is to make a difference for local agencies and the communities they serve.

Your feedback and input is a vital part of our efforts to assess the Institute’s value and impact:

• Did this publication help you? How? Did it make a difference in how you approached a local issue or policy relating to development agreements?

• How can the publication be improved? Did we leave anything out? Do you disagree with something we said?

• Do you have examples of the kinds of issues we discuss that we might be able to include in future updates of this publication? Are you interested in contributing to the Institute’s programs in general?

To assist you in providing feedback, we have provided a feedback form at the back of this publication. Your feedback is also welcome through our website at www.ilsg.org.

Thank you in advance for your assistance.

Very truly yours,

JoAnne Speers Jerry Patterson
Executive Director President, Board of Directors

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INTRODUCTION
WHAT ARE DEVELOPMENT AGREEMENTS?
Development agreements are contracts negotiated between project proponents and public agencies that govern the land uses that may be allowed in a particular project. 1 Although subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan, and consistent with any applicable specific plan. 2
Neither the applicant nor the public agency is required to enter into a development agreement. When they do, the allowable land uses and other terms and conditions of approval are negotiated between the parties, subject to the public agencies’ ultimate approval. While a development agreement must advance the agencies’ local planning policies, it may also contain provisions that vary from otherwise applicable zoning standards and land use requirements.

The development agreement is essentially a planning tool that allows public agencies greater latitude to advance local planning policies, sometimes in new and creative ways. While a development agreement may be viewed as an alternative to the traditional development approval process, in practice it is commonly used in conjunction with it. It is not uncommon, for example, to see a project proponent apply for approval of a conditional use permit, zone change and development agreement for the same project.

IN THIS MANUAL
As discussed in Chapter 2, both parties to the agreement receive benefits.

In addition to the greater latitude afforded by the development agreement to advance local planning policies, the public agency has greater flexibility in imposing conditions and requirements on proposed projects, 3 while the applicant is afforded greater assurance that once the project is

1 See Cal. Gov’t Code § 65864 and following.
2 See Cal. Gov’t Code § 65867.5.
3 See Cal. Gov’t Code § 66000(b).

What Are Development
Agreements?................................... 9
In This Manual .............................. 9

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10 | D EVELOPMENT A GREEMENT M ANUAL
approved, it can be built. 4 There may be disadvantages associated with development agreements as well (see Chapter 2).

Because development agreements afford greater latitude, local agencies may want to take steps to ensure that local land use objectives are not diminished through the use of development agreements (see Chapter 3).

Giving adequate thought to how the parties conduct negotiations can improve an agency’s chances of accomplishing its objectives, as well as ensuring that reasonable expectations of both parties are achieved (see Chapter 4). Finally, understanding the “nuts and bolts” of processing development agreements, and the terms and provisions that are typically included, will ensure that procedural requirements are met and legal interests protected (Chapter 5).

In short, this manual provides a practical overview of the development agreement process, including:
• The advantages and disadvantages of using
development agreements;
• The role development agreements can play in
achieving local agency land use planning objectives;
• Procedural issues related to development agreements;
• Substantive provisions in development agreements;
and
• The art of negotiating development agreements.

This manual reflects the variety of experiences that California public agencies and project proponents have had with development agreements, and builds upon the groundbreaking work of the original Development Agreement Manual written by Daniel Curtin and published in 1980 (supplemented in 1985) by the League of California Cities.

4 See Cal. Gov’t Code § 65865.4.

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THE ADVANTAGES AND

DISADVANTAGES OF

DEVELOPMENT

AGREEMENTS

Development agreements have three defining characteristics:
• They allow greater latitude than other methods of
approval to advance local land use policies in
sometimes new and creative ways;
• They allow public agencies greater flexibility in
imposing conditions and requirements on proposed
projects; and
• They afford project proponents greater assurance that once approved, their projects can be built.

Although these characteristics can be advantageous, they can also present challenges. The purpose of this chapter is to discuss potential advan tages and disadvantages of development agreements, from the perspective of both the public agency and project proponent.

ADVANCING LAND USE POLICIES
Because development agreements are themselves ordinances, they may supersede existing land use regulations as long as they are consistent with the general plan and any applicable specific plan. 5 As a result, they can afford the public agency and project proponent greater latitude concerning allowable land uses in a particular instance. However, there are poten tial advantages and disadvantages associated with having this flexibility.

5 See Cal. Gov’t Code § 65867.5.

Advancing Land Use Policies.....11
Imposing Conditions ..................14
Assuring Project Will Be Built 19
Summary .....................................23

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12 | D EVELOPMENT A GREEMENT M ANUAL
POTENTIAL ADVANTAGES: THE ABILITY TO BETTER

IMPLEMENT PLANNING POLICIES
From a planning perspective, development agreements have been instrumental in allowing creative and award -winning land use projects because the agreements can facilitate projects that would not have been allowed under otherwise applicable zoning regulations. The approval of creative land use concepts — and the construction of resulting projects — have advanced t he state of urban planning, and allowed public agencies to better combat the visual and aesthetic impacts of “cookie -cutter” development.

In a similar vein, there are instances in which literal compliance with zoning ordinance provisions can thwart promotion of general plan policies. For example, the general plan may encourage the existence of open space, whereas the applicable zoning district does not allow sufficient density to accommodate the clustering of residential units necessary to accommodate an open space component.

There may also be instances in which the legislative body wishes to promote unwritten policies, such as those involving growth management. As long as the project is consistent with the local planning policies formulated by the legislative body through its general plan, the development agreement can provide greater latitude to incorporate land use concepts and components that are tailored specifically to address particular community concerns.

In each of these cases, the ability to vary f rom strict adherence to otherwise applicable zoning provisions can help ensure that the public agency’s land use policies are being advanced, in sometimes new and innovative ways. These advantages are shared by the public agency and project proponent alike.

The following example shows how using a development agreement allows the parties to develop a unique land use project to advance the public agency’s land use policies creatively and responsibly through the give-and- take of negotiations, as both parties address their respective needs and desires.

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I NSTITUTE for LOCAL S ELF GOVERNMENT C OMMUNITY LAND U SE P ROJECT | 13

While few things in life go as smoothly as the hypothetical approval of Sports World (above), the process of negotiating development agreements can allow the development of new and creative concepts, address associated issues and conc erns unique to a particular project, and ensure adherence to local land use policies in conformance with the general plan.

I LLUSTRATION — S PORTS WORLD
Mr. Dee, a developer, wishes to construct a project that will attract people traveling through Grassland on the way to Yosemite. Mr. Dee’s “Sports World” will have a combination of attractive components, including a virtual sports center with a simulated ski slope, fairway and rock climb; a gas station; restaurant; hotel; and air strip. If the project succeeds, it will generate substantial profits. Mr. Dee wishes to have his project approved in a manner that will allow him flexibility with respect to both land use and design, so that he can select from a variety of tenants and react to changing market conditions without having to obtain further city approvals. Although the general plan recites the need to attract tourists destined for Yosemite, the zoning ordinance does not allow the particular combination of uses Mr. Dee is proposing.

Cautiously optimistic, the Grassland city council understands that Grassland will benefit from the added sales tax. But the council’s concerns are numerous, and include the concern that Mr. Dee may not have the experience to complete the project; that the project may not “pencil out” financially; and that it may not attract the anticipated number of tour ists. Finally, the council doesn’t know what the project is — what it will look like, what uses will be allowed, and what design standards and architectural controls will govern it. The city council is also concerned about the potential impact of additional traffic on the adjacent freeway overpass.

Given that the zoning ordinance does not allow the proposed project, and the fact that there are a number of council concerns, the parties decide to negotiate a development agreement. As negotiations begin, Mr. Dee initially advocates conceptual development and design standards, while Grassland insists on elevations showing the exact location and type of use for every project component. As the negotiations proceed, the parties approve four alternative plans, each of which will allow Mr. Dee to react to a different market, while also allowing city council to understand what the project is.

In addition, the parties agree that some of the allowable uses for portions of the project will be more generically defined (for example, office/commercial), so that Mr. Dee can select from a number of tenants without first having to obtain additional city approvals. Once a tenant is selected, however, plans and elevations for the site must be submitted to Grassland for architectural review.

In the end, the parties reach agreement on all of the outstanding issues. Planning staff confirms that the final agreement is consistent with and advances the aims of the general plan and associated land use policies, and the project is approved and constructed.

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14 | D EVELOPMENT A GREEMENT M ANUAL
POTENTIAL DISADVANTAGES: MAY PROMOTE BAD

PLANNING
The latitude afforded the parties through use of a development agreement may also have potential disadvantages. For example, the agency’s staff and legislative body may become convinced that, in exchange for the significant sales tax revenue the agency is likely to receive from a particular project, or in consideration of the fact that the project proponent is willing to construct a new city park or other significant public amenity, the agency should agree to compromise its planning standards in a manner that could reduce the quality of life in the community. The pressure to compromise may be especially great in the case of a “friendly developer” who has a popular presence in the community.

From the project proponent’s perspective, it is possible that the legislative body may decide to disallow uses that would otherwise be allowed, and which are appropriate from a conventional planning perspective.

The suggestions that appear in this manual are intended to help avoid misusing development agreements. They are based on the premise that from the outset, the planning policies and objectives that have been embraced by the community through adoption of the general plan, and those included in any applicable specific plan, should be an integral part of the discussions and negotiations between the parties to a development agreement.

By identifying applicable planning policies early on, and continuing to use them as yardsticks in determining what land uses are appropriate, the parties should be able to avoid unacceptable compromises when negotiating development agreements.

IMPOSING CONDITIONS
Development agreements provide public agencies greater flexibility in imposing requirements on proposed development, such as development conditions, exactions and fees, because constraints and uncertainties that affect a local agency’s ability to unilaterally impose such requirements do not apply to mutually agreed upon development agreement provisions.6

6 See Cal. Gov’t Code § 66000(b) (excluding “fees collected under development agreements” from the type of fee covered under the Mitigat ion Fee Act).

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I NSTITUTE for LOCAL S ELF GOVERNMENT C OMMUNITY LAND U SE P ROJECT | 15 POTENTIAL ADVANTAGES: MORE ENCOMPASSING

DEVELOPER REQUIREMENTS MAY BE ENFORCED
Public agencies face the following types of legal constraints and uncertainties that directly affect their ability to regulate development. Such constraints and uncertainties may be overcome, however, through the use of development agreements.

Voter Initiatives. During the past several decades, public agencies have been subjected t o a number of fiscal setbacks that have impeded their ability to meet the service and infrastructure needs of their communities. A number of voter initiatives have limited public agencies’ revenue raising authority, and questions associated with these initiatives have created legal uncertainties.

ERAF Shift. In 1992, in reaction to a serious deficit, the state enacted legislation that annually shifts some of the financial responsibility for funding education, pursuant to Proposition 98, to local public agencies. Through the intervening the years, the Educational Revenue Augmentation Fund (ERAF) has deprived local agencies of more than $30 billion.

Since the ERAF shift and passage of initiative measures limiting public agencies’ general revenue sources, age ncies have increasingly required project proponents to bear the costs to the community associated with development of their projects. Many agencies have adopted development impact fees, for example, that are designed to require project proponents to pay the costs of infrastructure, facilities and public services required to service their projects.

STATUTORY AND CONSTITUTIONAL RESTRICTIONS
Mitigation Fee Act. Commonly referred to as Assembly Bill (AB) 1600, the Mitigation Fee Act was enacted in 1987. 7 It c losely regulates the adoption, levy and collection of development fees, including project-specific fees, imposed by local agencies. The act requires the agency to identify the purpose and use of the fee, and to explain why there is a reasonable relationship between the fee and the development. 8 Fees may not exceed the estimated reasonable cost of providing the service for which the fee is collected.9 These requirements, among other things, have restricted the reach of development impact fees.

7 See Cal. Gov’t Code § 66000 and following.
8 See Cal. Gov’t Code § 66001.
9 See Cal. Gov’t Code § 66005.

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16 | D EVELOPMENT A GREEMENT M ANUAL
School Faci lity Fees. Local public agencies historically have been responsible for financing schools. In 1998, however, Senate Bill (SB) 50 significantly changed the extent to which agencies can require developers to contribute to the cost of building new schools. 10 SB 50 sets maximum amounts on such fees. 11 It also prohibits agencies from imposing other conditions on development to ensure the existence of adequate school facilities.12
Each of these constraints and uncertainties limits a local agency’s ability to adequately condition new development in a manner that will cover the cost of associated infrastructure, facilities and public services. 13 Regulatory Takings . The term “regulatory takings” derives from the Takings Clause of the Fifth Amendment to the United Stat es Constitution, which states: “… nor shall private property be taken for public use, without just compensation.”14
A “taking” is any confiscation of private property by a public agency. A “regulatory taking” is an indirect confiscation of private property through government regulation. If a court finds that a challenged regulation constitutes a taking, the public agency must compensate the owner of the property.

In recent years, takings litigation (and the threat of such litigation) has become a significan t factor in land use decision-making. Increasingly, project proponents have invoked the Takings Clause in an effort to persuade public agencies to reduce their efforts to require developers to pay various costs associated with infrastructure and public services.

Moreover, the courts have displayed a greater inclination to second-guess public officials’ decisions—a departure from the traditional deference the courts have afforded decisions of local officials in the past.

The expanding scope of what constit utes a compensable taking is of concern to local agencies because of the potential for being assessed large monetary judgments in connection with the imposition of development requirements.

10 See Cal. Gov’t Code § 65995(a).
11 See Cal. Gov’t Code § 65995(b).
12 See Cal. Gov’t Code § 65996(b).
13 An overview of SB 50 is available from the League of California Cities. To obtain a copy, League members may contact the League and request “Strauss Opinion on SB 50, January 1999.”
14 To the same effect is article 1, section 19 of the California Constitution: “Private property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid . . ..”
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AVOIDING CONSTRAINTS AND UNCERTAINTIES
A public agency can avoid the types of constraints and uncertainties described above by entering into development agreements, since the project proponents agree to fees and req uirements. Once the agreement is executed, the project proponent has generally waived his or her right to challenge the fairness or appropriateness of a particular requirement.

For example, the local agency can ask that the project proponent agree to finance public facilities and improvements without the specter of a regulatory takings claim. Similarly, the local agency may ask the project proponent to construct a new school without fear that school facility-fee limitations will be invoked. The project proponent must agree to such requirements, of course, before they may become enforceable.

The local agency may also bargain for completion of facilities and improvements at an earlier stage in the development process. This can result in needed infrastructure and facilities being put in place prior to or concurrently with the development, reducing the development’s impact on existing facilities or services. Similarly, the project proponent may agree to pay additional fees to protect the agency and existing resi dents from any budgetary impacts associated with the development.

For facilities and infrastructure that are funded by multiple projects, the development agreement process can provide a mechanism to ensure that each project proponent pays its fair share in a timely manner.

The project-specificity of the development agreement process offers the public agency the opportunity to design more tailored implementation programs for its planning policies and objectives as they relate to the proposed project. The process of negotiating the agreement can help the agency identify and address issues relating to the project before the agency provides final approval. The agency may also require that the agreement include provisions dealing with identifiable contingencies related to the proposed project.

Finally, the fact that the development agreement is recorded provides a convenient mechanism for binding future owners to the requirements and obligations created by the agreement.15

15 See Cal. Gov’t Code § 65868.5 (“ ... the burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement”).

LEGISLATIVE HISTORY

OF D EVELOPMENT

A GREEMENT LAW
The Development Agreement Law
was enacted in 1979, in response to
the Avco Community Developers,
Inc. v. South Coast Regional
Commission decision. See 17 Cal.
3d 785 (1976).

The Avco case involved a large
development in Orange County,
some of which was in the coastal
zone. Under the newly enacted
Coastal Act, the developer had to
obtain a permit from the Coastal
Commission unless it had obtained
a building permit. The developer
had secured a final subdivision map
and a grading permit, but did not
have a building permit. The
developer had already spent a great
deal of money on the site.

The court ruled that the developer’s
project was indeed subject to the
Coastal Act’s additional
requirements and restrictions,
reaffirming the rule that property
owners acquire a vested right to
complete construction only after
they have performed substantial
work and incurred substantial
liabilities in good faith reliance on a
permit issued by regulatory
authorities. Only at that point can a
project be completed free of new
restrictions.

The result in Avco created great
consternation in the development
community, which lobbied the
Legislature to create a mechanism
that would allow developers to
know earlier on in the process what
requirements would apply to their
projects. The development
agreement law is a result of this
effort.

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POTENTIAL DISADVANTAGES: UNREALISTIC

EXPECTATIONS MAY MAKE PROJECT INFEASIBLE
From the project proponent’s viewpoint, local agencies may expect more encompassing project requirements than are financially feasible. The myriad of issues developers face, including land availability, financing, market considerations and federal, state and local regulatory requirements can make it difficult to propose financially feasible development projects.

Against this back drop, some developers have abandoned development agreements altogether. This avoids the risk of discovering after months of negotiations that the local agency expects the developer to construct an

16 Cal. Lab. Code § 1720(b).
17 Cal. Lab. Code §§ 1770; 1771.
18 Cal. Lab. Code § 1771.
19 Cal. Lab. Code § 1720(b).
20 Id.
21 Id.
22 Id.
23 Id.
24 Id.
25 Cal. Lab. Code § 1720(c).

F INANCIAL I NCENTIVES M AY T RIGGER P REVAILING W AGE R EQUIREMENT Effective January 1, 2002, many development projects that involve loans, grants or other forms of assistance from local agencies are classified as “public works” projects. 16 As such, they fall under state requirements for payment of “prevailing wages.” 17 These requirements establish minimum wage levels for public works projects that vary by location. 18 Application of prevailing wage requirements may lead to higher labor costs for development projects that receive certain forms of fin ancial support or incentives from local agencies.

Prevailing wages now may apply to otherwise private projects, where a public agency:
• Pays money or its equivalent to or on behalf of a developer19; • Performs construction work in execution of the project;20 • Transfers assets at less then fair market value;21
• Waives or forgives fees, costs, rents, insurance or bond premiums, loans, or interest rates;22 • Makes available money to be repaid on a contingent basis;23 or • Grants credits applied against repayment obligations. 24 Reimbursing a developer for costs that would normally be borne by the public does not trigger the prevailing wage requirement, nor does a subsidy that is de minimis in the context of the project. 25 ITEM 11.1.

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I NSTITUTE for LOCAL S ELF GOVERNMENT C OMMUNITY LAND U SE P ROJECT | 19 expensive public amenity, such as a school or park, in consideration of the benefits the developer will receive from a development agreement.

As further discussed in Chapter 4, one way of avoiding this type of problem is to discuss the parties’ expectations at the outset, as a prelude to beginning negotiations. That allows each party to assess early on whether a development agreement will meet each party’s needs.

ASSURING PROJECT CAN BE BUILT
One of the challenges project proponents face in the usual regulatory process is that the project must meet the regulatory standards in effect at each stage of the development process. This can result in a proposed project being subject to new regulations even after it has received final approval, and even if the new regulations preclude or prohibit construction of some or all of the project.

As a result, it can be difficult for a project proponent to know at the outset what criteria the project must meet. It is not until the proponent’s right to complete the project has “vested,” that he or she has the right to build the project without concern that new regulations may apply.

Unforeseen regulatory changes (including those adopted by the voters through the initiative process) can add time and expense to a proposed project. Moreover, a proponent of a large project must typically invest substantial amounts of time and money in the project before he or she receives “vested rights” to complete the project as approved.

26 City of San Jose v. State of California , 45 Cal. App. 4th 1802, 53 Cal. Rptr. 2d 521 (6th Dist. 1996) rev. denied (1996).

WHEN D OES O NE A CQUIRE A “V ESTED ” RIGHT TO P ROCEED WITH

D EVELOPMENT, FREE FROM A DDITIONAL R EGULATORY
R EQUIREMENTS ?
Ordinarily, a project proponent acquires a vested right to complete construction when the proponent has:
• Obtained all permits necessary for the proposed structure; • Performed substantial work in good faith reliance upon those approvals; and • Incurred substantial liabilities in good faith reliance upon those approvals. The proponent must, of course, complete the work in accordance with the terms of the permit.26 A project proponent cannot acquire a vested right under an invalid building permit, even if substantial expenditures have been made in good faith.26 The rights that vest through reliance on the building or other permit cannot be greater than those specifically granted by the permit itself.26 For example, perfection of a vested right for one phase of a multiphase project does not create a vested right to build subsequent phases .

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20 | D EVELOPMENT A GREEMENT M ANUAL

On the o ther hand, a project proponent who is a party to a development agreement receives “vested rights” to complete the project as approved.

This occurs immediately upon execution of the agreement, by virtue of the fact that a development agreement “freezes” ap plicable local land use regulations with respect to the proposed project.27
POTENTIAL ADVANTAGES: FEWER SURPRISES AFTER

PROJECT APPROVAL
From a project proponent’s perspective, the added certainty associated with receiving “vested rights” to construct a pr oposed project without concern that new regulations may apply can be invaluable. It may be especially important to a project proponent worried about a potential ballot measure or a change in the governing body majority that could adversely affect the project. While development agreements are subject to voter referenda,28 an opponent would have to file his or her submittal within 30 days after final approval of the development agreement in order to preserve the right to put the approval of the agreement on the ballot. 29 Once the 30-day period is over, the project proponent can safely assume that the project will not be affected by future ballot measures.

There are limits to the degree of assurance that a public agency can offer.

For example, additional conditions may be imposed on the project if further environmental analysis is needed under the California Environmental Quality Act (CEQA). Also, a development agreement cannot prevent the application of state or federal regulations, as further discussed below.30 Another advantage from the project proponent’s perspective is limiting the potential for regulatory change. This can be helpful when the proponent seeks financing. It can also be reassuring with respect to large projects that have significant upfront costs.

POTENTIAL DISADVANTAGES: RULES OF ENGAGEMENT

ARE LOCKED IN
A development agreement can limit the public agency’s ability to respond to a changing regulatory environment, precisely because it locks in the

27 See Cal. Gov’t Code § 65865.4.
28 See Cal. Gov’t Code § 65867.5.
29 See Cal. Elect Code § 9237.
30 See Cal. Gov’t Code § 65869.5.

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I NSTITUTE for LOCAL S ELF GOVERNMENT C OMMUNITY LAND U SE P ROJECT | 21 regulatory requirements in effect at the time the agreement is approved. If the agency’s planning regulations are in need of review or updating, the agency may be subject to criticism if the conditions imposed by the agreement do not sufficiently protect the community’s interests. In the absence of a dev elopment agreement, and should the need arise, the agency retains the prerogative to change the rules relating to the project, even if that change makes the intended use unlawful.

A development agreement also places a premium on an agency being able at the outset to identify all of the issues presented by a project. Since changes to the agreement require mutual assent, it may be difficult to add conditions or requirements later, should the agency identify the need to do so after the agreement is entered into.

From the proponent’s perspective, the project’s obligations are also locked in by the agreement. Some elements of market changes—including changes in the project’s economics—may not be reflected in the agreement. This can put a premium on a project pr oponent’s ability to anticipate areas of potential change and then negotiate the flexibility to respond to those changes (for example, by negotiating a range of future uses, based on what the market will bear at the time of build out).

Another possible disadvantage is the degree of protection from regulatory change, which is limited to local regulations. The development agreement law specifically provides that a development agreement must be modified if necessary to comply with subsequently enacted state or federal law. 31 The new state or federal law may prevent or preclude compliance with the provisions of the development agreement. The issue for the project proponent is whether some protection from regulatory change is better than none at all.

31 See Cal. Gov’t Code § 65869.5.

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C OMPARISON OF T ENTATIVE M APS , V ESTING T ENTATIVE M APS

AND D EVELOPMENT A GREEMENTS
Development agreements are one planning tool. This chart provides a side-by -side comparison of how development agreements compare with tentative subdivision maps and vesting tentative maps.

Tentative Maps Vesting Tentative Maps Development Agreements Description Tentative Subdivision Map
(or Tentative Map) – The
project proponent’s initial
proposal for subdividing land,
which is the local agency’s
main opportunity to set
conditions on the proposed
subdivision.

The point in time when a
project proponent has the
right to proceed without being
subject to changes in land use
regulations, typically when
the last permit necessary for
construction of a project
(usually a building permit) has
been issued and substantial
expenditures have been
incurred in reliance on the
permit . The concept of
vested rights is one of the
reasons it is important that
concerned citizens make their
views known as early as
possible in the land use
decision making process.

A legislatively -approved contract
between a jurisdiction and a person
having legal or equitable interest in
real property within the
jurisdiction (California
Government Code Section 65865
and following) that typically
"freezes" certain rules, regulations,
and policies applicable to a project
for a specified period of time,
usually in exchange for certain
concessions by the project
proponent.

Application of Conflicting
Local Rules in Future Yes
Only if necessary to prevent
situation dangerous to health
and safety
Depends on language in agreement
When Requirements Are
Locked In/Not Subject to
Change
No vested right even at the
final map stage
Police power requirements can
be changed at each stage of
the permitting process
Vested right conferred when
building permits issued and
substantial work completed in
reliance on those permits
When application is
“complete”
At execution of agreement, unless
agreement provides otherwise

Fees and Dedications Subject to statutory and
constitutional restrictions
Subject to statutory and
constitutional restrictions
Subject to mutual agreement
Phasing Allowed Allowed Allowed
Effect on Other Agencies’
Regulatory Prerogatives
Does not limit Does not limit Does not limit
Local Agency Procedures Agency must adopt Local agencies may adopt procedures; otherwise, Map
Act governs
Local agencies must adopt
procedures upon request of
applicant
Processing
Mandatory — Local agencies
must accept application and
process it within statutory
time frames
Mandatory — Local agencies
must accept application and
process it within statutory
time frames
Discretionary — Local agencies
may chose to use or not
Duration Specified by statute, which
includes both automatic and
discretionary extensions
Specified by statute, which
includes both automatic and
discretionary extensions
Annual review required. County
development agreements are time-
limited if land is annexed or
incorporated (Government Code
section 65865.3)
Voter Review No — approval is an
adjudicatory act not subject to
referenda
No — approval is an
adjudicatory act not subject to
referenda
Yes — approval is a legislative act
subject to referenda
Time Limit for
Challenging
90 day statute of limitations 90 day statute of limitations 90 day statute of limitations Governing Statutes Government Code sections
66410 to 66499.37
Government Code sections
66498.1 to 66498.9
Government Code sections 65864
to 65869.5
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Rancho Cordova City CouncilFebruary 21, 2023

Rancho Cordova City Council
February 21, 2023