CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, April 3, 2023
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
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 2:00 p.m. on Monday, April 3, 2023.
Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 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.
Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or
Rancho Cordova City Council - AMENDED AGENDA
Regular Meeting of Monday, April 3, 2023
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 Monday, April 3, 2023, at 2:00 p.m.
AMENDED 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
There will be a moment of silence in lieu of the invocation.
5. PRESENTATIONS
5.1. Presentation by the Rancho Cordova Food Locker
5.2. Mayor Linda Budge's Birthday on April 10, 2023
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.
7. COUNCIL REPORTS
Rancho Cordova City Council - AMENDED AGENDA
Regular Meeting of Monday, April 3, 2023
8. CITY MANAGER'S REPORT
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 20, 2023.
Recommendation: Adopt the Minutes.
9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2023-47 with Anvil Builders Inc. in an Amount not to Exceed $3,647,999 for the Stormwater Pump Stations Improvement Project and Finding the Project Exempt from Further California Environmental Quality Act (CEQA) Analysis as it is Consistent with the Initial Study with Mitigated Negative Declaration Prepared for Routine Maintenance of the City's Stream Channels and Drainage Facilities.
Recommendation: Adopt the Resolution.
9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 61- 2017-3 with Davey Resource Group Inc. to Extend the Contract Term from June 30, 2023, to June 30, 2025, which would Result in an Increase to the Contract Amount from $460,000 to $732,500 for On-Call Arborist Consulting Services.
Recommendation: Adopt the Resolution.
9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 179-2018-03 to Increase the Contract Amount by $13,856.00 to an Amount not to Exceed $213,856.00 with Psomas, Inc. for On-Call Construction Management Services for the White Rock Road - Sunrise Boulevard to Fitzgerald Road Project and Finding the Project Exempt from Further California Environmental Quality Act Analysis as an Initial Study with Mitigated Negative Declaration/Environmental Assessment with Finding of No Significant Impact and Section 4(f) Evaluation Has Previously Been Prepared.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution to Approve the Execution of a Memorandum of Understanding with the Sacramento Area Council of Governments to Receive Green Means Go Grant Funds in the Amount of $486,000.00 for the Mills Crossing Civic Center Project.
Recommendation: Adopt the Resolution.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
10.1. Subject: Amendment to the Community Development Block Grant Program 2020 Annual Action Plan and 2020-2024 Consolidated Plan.
Recommendation: Adopt the Resolution.
10.2. Subject: Second Reading of an Ordinance Amending Title 4 Business Regulation, Chapter
4.07 Tobacco Retailer License and Chapter 4.50 Other Businesses; Title 8 Animals, Chapter
8.03 General Provisions and Chapter 8.09 Procedures; Title 16 Buildings and Construction, Chapter 16.05 Historical Building Code, Chapter 16.10 Existing Building Code, Chapter 16.20 Housing Code and Chapter 16.26 Energy Code; Title 22 Land Development, Chapter 22.40 Park and Recreation Dedication and Fees and Chapter 22.170 Local Parks and Recreational Facilities; Title 23 Zoning Code, Chapter 23.310 Residential Zoning Districts and the Folsom Boulevard Specific Plan Table 2-2 Use Table for Mixed Use Classifications and Finding the Adoption of this Ordinance as Exempt Under California Environmental Quality Act (CEQA) Section 15061(b)(3), 15301 and 15324.
Recommendation: Waive the second reading and adopt the Ordinances.
Rancho Cordova City Council - AMENDED AGENDA
Regular Meeting of Monday, April 3, 2023
11. PUBLIC HEARING ITEMS
None.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Update on Fiscal Year 2023/24 Community Enhancement & Investment Fund Applications Received for Council Consideration.
Recommendation: Staff to introduce and provide an update on the Fiscal Year 2023/24 Community Enhancement & Investment Fund grant applications received for Council consideration.
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 items:
16.1. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (Four cases, one 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; a second relating to a Notice of City of Rancho Cordova’s Breach of and Default Under Development Agreement and 60-Day Period to Cure; Stone Creek Industrial Center” at Corner of Zinfandel Blvd. and Baroque Drive from Arthur Coon, March 13, 2023; a third relating to an oral threat of litigation from representatives of Elliott Homes that the potential City action on the Logisticenter Project will result in litigation by Elliott Homes against the City relating to its Stone Creek properties APN 072-2360-028, APN 072-2360-029, APN 072-2360-030, APN 072-2860-024, APN 072-2860-015, APN 072-2860-016, APN 072- 2860-017, APN 072-2860-018; and a fourth relating to the written threat by Gloria Smith on behalf of Stone Creek Residents for Smart Growth, March 30, 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.
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.
Rancho Cordova City Council - AMENDED AGENDA
Regular Meeting of Monday, April 3, 2023
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
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
May 23, 2023 5:30 PM Special Meeting/Work Session
June 5, 2023 4:00 PM Special Meeting/Regular Meeting
June 19, 2023 5:30 PM Regular Meeting
June 27, 2023 5:30 PM Special Meeting/Work Session
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 April 3, 2023 Regular Meeting of the Rancho Cordova City Council was posted and available for review on March 31, 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 www.cityofranchocordova.org.
Signed March 31, 2023 at Rancho Cordova, California.
Rancho Cordova City Council - AMENDED AGENDA
Regular Meeting of Monday, April 3, 2023
Stacy Leitner, CMC
City Clerk
ITEM 9.1.
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, March 20, 2023
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
DRAFT MINUTES
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Budge called the Regular meeting to order in the David B. Roberts Council Chambers at 5:43 p.m.
Council Members Present: Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
Council Members Absent: None
Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
3. PLEDGE OF ALLEGIANCE
Derald Langwell led the pledge.
4. INVOCATION
Jeff Koons with River City Christian gave the invocation.
5. PRESENTATIONS
None.
6. PUBLIC COMMENT
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 20, 2023
1. James Garcia
2. Marilyn Metzger
3. Troy Fennel
4. Eric Winegar
5. Valerie Knippschild
6. Sara Malone
7. MJ Tornay
8. Lisa Burns
9. David Williams
10. Angel Ball
11. Mark Berry
12. Eric Winegar
13. Marilyn Metzger
14. James Garcia
Mayor Budge closed the public comment period.
7. COUNCIL REPORTS
Council reported on events since the last meeting.
8. CITY MANAGER'S REPORT
City Manager Micah Runner gave his report.
9. 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 9.1 through 9.9 by Terry second by Gatewood; Motion passed with a 5:0 vote.
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of March 6, 2023.
Recommendation: Adopt the Minutes.
9.2. Subject: Treasurer's Report - December 31, 2022.
Recommendation: This report is informational only. It is recommended that the City Council receive and file the December 31, 2022 Treasurer’s Report.
9.3. Subject: 2022 General Plan Annual Report to Include the Housing Element and Multi- Jurisdictional Hazard Mitigation Plan Annual Report.
Recommendation: No formal action will be taken. Staff is providing the 2022 General Plan and Housing Element Annual Report to include the Multi-Jurisdictional Hazard Mitigation Plan as required by State law.
9.4. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract No. 2023-23 in an Amount not to Exceed $3,703,509.36 with Granite Construction Company for the Mather Field Road Rehabilitation Project.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract No. 2023-37 in an Amount not to Exceed $1,807,580.00 with Tim Paxin’s Pacific Excavation, Inc. for the Sunrise/Folsom Boulevard Safety Improvements Project.
Recommendation: Adopt the Resolution.
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 20, 2023
9.6. Subject: A Resolution Declaring the Results of a Mail Ballot Election Relating to the Imposition of the Annual Stormwater Utility Fee for the Rancho Cordova Storage Project in the City of Rancho Cordova.
Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the Rancho Cordova Storage project.
9.7. Subject: A Resolution Authorizing the City Manager to Execute General Services Contract No. 2020-175-3 in an Amount not to Exceed $164,000 with Ethan Fleener Construction, for funding the Residential Beautification Program.
Recommendation: Adopt the Resolution.
9.8. Subject: A Resolution Authorizing the City Manager to Approve the Third Amendment to a Contract with BPR Consulting Group, LLC. to Increase the On-Call Contract Amount from $750,000 to $2,250,000.
Recommendation: Adopt the Resolution.
9.9. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 44-2018-3 to an Amount not to Exceed $3,115,534 with Tyler Technologies EnerGov through March 31, 2026.
Recommendation: Adopt the Resolution.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
Mayor Budge closed the public comment period.
ACTION: Motion to approve item 10.1 and 10.2 by Terry second by Gatewood; Motion passed with a 5:0 vote.
10.1. Subject: A Resolution Approving the 2022 Community Development Block Grant Consolidated Annual Performance Evaluation Report for Submittal to the U.S.
Department of Housing and Urban Development.
Recommendation: Adopt the Resolution.
10.2. Subject: Sunridge Lot J Village 4 Design Review Amendment (CEQA Exempt Pursuant to Section 15182, C Residential Projects Implementing Specific Plans)- Project No.
PLND-0223-0062.
Recommendation: Adopt the Resolution approving Sunridge Lot J Village 4 Design Review Amendment.
11. PUBLIC HEARING ITEMS
11.1. Subject: An Ordinance Amending Title 4 Business Regulation, Chapter 4.07 Tobacco Retailer License and Chapter 4.50 Other Businesses; Title 8 Animals, Chapter 8.03 General Provisions and Chapter 8.09 Procedures; Title 16 Buildings and Construction, Chapter 16.05 Historical Building Code, Chapter 16.10 Existing Building Code, Chapter
16.20 Housing Code and Chapter 16.26 Energy Code; Title 22 Land Development, Chapter 22.40 Park and Recreation Dedication and Fees and Chapter 22.170 Local Parks and Recreational Facilities; Title 23 Zoning Code, Chapter 23.310 Residential Zoning Districts and the Folsom Boulevard Specific Plan table 2-2 Use Table for Mixed
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 20, 2023
Use Classifications (CEQA Exempt Section 15061(b)(3), 15301 and 15324).
Recommendation: Waive the first reading and introduce the Ordinances.
Mayor Budge opened the public comment period. Seeing no speakers. Mayor Budge closed the public comment period.
ACTION: Motion to approve item 11.1 by Sander second by Gatewood; Motion passed with a 5:0 vote.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Mobile Home Park Draft Space Rent Stabilization Memorandum of Understanding Discussion.
Recommendation: Receive presentation, provide feedback and direction to return to the City Council for approval of the draft memorandum of understanding.
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Jill Fellows
2. Saulo Londono
3. Mike Patterson
4. Jan Krueger
5. Cheryl Cass
Mayor Budge closed the public comment period.
ACTION: Motion to move forward with option one, finalize and approve the draft MOU and bring it back for City Council Adoption, by Terry second by Gatewood; Motion passed with a 5:0 vote.
12.2. Subject: Naming of a Room Located at the Rancho Cordova Youth Center.
Recommendation: The Naming Committee recommends that the City Council approve the re-naming of the Recreation/Game Room at the Rancho Cordova Youth Center to honor both retired City Manager Cyrus Abhar and Bishop Lovelace, Jr.
Mayor Budge opened the public comment period. Seeing no speakers. Mayor Budge closed the public comment period.
ACTION: Motion to approve item 12.2 by Terry second by Sander; Motion passed with a 5:0 vote.
12.3. Subject: Mine Shaft Digital Freeway Signs Discussion Recommendation: No formal action will be taken. Staff is seeking input on proposed digital freeway signs on the Mine Shaft property.
Mayor Budge opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
2. Helen Whelan-Bashaw
Mayor Budge closed the public comment period.
ACTION: Input was received regarding Mine Shaft Digital Freeway Signs.
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 20, 2023
12.4. Subject: Discussion Regarding Expanding the 2023 Council Member Appointments to Regional Boards, Commissions, and Committees to Include Two Appointments to the Cordova Recreation and Park District Ad-hoc Committee.
Recommendation: Discuss and confirm two Council Member appointments to the Cordova Recreation and Park District Ad-hoc Committee.
Mayor Budge opened the public comment period. Seeing no speakers. Mayor Budge closed the public comment period.
ACTION: Motion to appoint Garrett Gatewood and Siri Pulipati to the Cordova and Recreation and Park District Ad-hoc Committee by Terry second by Gatewood;
Motion passed with a 4:1 vote.
AYES: Gatewood, Pulipati, Terry, and Sander
NOES: Budge
ABSENT: None
ABSTAIN: None
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.
14. ADJOURN TO CLOSED SESSION
Mayor Budge adjourned the meeting to closed session at 8:20 p.m.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Budge called closed session to order at 8:20 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 and Micah Runner
16. CLOSED SESSION
Council met 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) (Two cases, one 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, and a second relating to an oral threat of litigation from representatives of Elliott Homes that the potential City action on the Logisticenter Project will result in litigation by Elliott Homes against the City relating to certain of its Stone Creek properties).
17. OPEN SESSION - REPORT FROM CLOSED SESSION
Adam Lindgren, City Attorney:
“This evening, the City Council met in closed session with legal counsel and litigation counsel and directed the City Attorney to report out of closed session the following:
‘The City Council has received highly credible threats of litigation from Dermody
ITEM 9.1.
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, March 20, 2023
and Elliott Homes relating to the City Council’s direction on March 6th to have staff draft findings of denial for the Logisticenter warehouse project in Stone Creek for consideration at a future City Council meeting. If it goes to trial, the combined litigation could expose the City to in excess of 100 million dollars of total liability.
The City is continuing to prepare findings of denial on the Logisticenter project, but it must take very seriously these threats of litigation and the potentially significant impacts that the litigation could have on programs and services throughout the City. The City Council expects the hearing on Logisticenter to resume in April for possible final action. At that time, the City will also be exploring options for potential voluntary acquisition of one or more of the properties owned by these developers.’
That concludes my report out.”
18. ADJOURNMENT
Mayor Budge adjourned the meeting in memory of Marjorie Boulton and Ronnie Rom at 10:21 p.m.
______________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.2.
DATE: April 3, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2023-47 WITH ANVIL BUILDERS INC. IN AN
AMOUNT NOT TO EXCEED $3,647,999 FOR THE STORMWATER
PUMP STATIONS IMPROVEMENT PROJECT AND FINDING THE
PROJECT EXEMPT FROM FURTHER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) ANALYSIS AS IT IS
CONSISTENT WITH THE INITIAL STUDY WITH MITIGATED
NEGATIVE DECLARATION PREPARED FOR ROUTINE
MAINTENANCE OF THE CITY'S STREAM CHANNELS AND
DRAINAGE FACILITIES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2023-47 in an amount not to exceed $3,647,999 with Anvil Builders Inc. to construct the stormwater Pump Stations Improvement Project.
BACKGROUND
The City of Rancho Cordova operates and maintains six stormwater drainage pump stations throughout the City (see Attachment 2 for City Pump Stations Map). Five of the six pump stations were constructed by Sacramento County and various developers between 1960 and 1985. Bear Hollow Drainage Pump Station was constructed in 2004. Decades of inclement weather, wear and tear have caused damage to the original equipment. The components of the original pumps are no longer manufactured and replacement parts are only available through the second-hand refurbished market at premium prices. The Pump Stations Improvement Project will consist of major electrical improvements as well as various general civil, mechanical, and structural improvements at the six drainage pump stations. These improvements will include installation of electrical conduits, pavement and fencing adjustments, and concrete slabs at four pump stations. This project also prepares the sites for standby generators to be purchased through a separate upcoming project.
Bids for this work were solicited on the City's website and CIPList.com on February 9, 2023.
City Council Staff Report - Page 2 of 2
Bids for the project were publicly opened on March 9, 2023. Three bids were received and the lowest responsible and responsive bid was $3,647,999 from Anvil Buidlers Inc. (see Attachment 3 & Attachment 4). The contract award is based on the lowest base bid, and there are no project bid alternates.
Due to anticipated long lead times for the electrical components, this project is expected to be under construction starting in Spring 2024 and completed by Fall 2024.
FISCAL IMPACT AND FUNDING SOURCE
The Pump Stations Improvement Project is funded from the Stormwater Enterprise Fund. There is no impact to the City's General Fund.
This project is included in the City's current approved FY 2022-23 Capital Improvement Plan.
ATTACHMENT(S)
1. Resolution
2. Rancho Cordova Pump Stations
3. Bid Package
4. Bid Summary
5. Construction Services Agreement
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 EXECUTE CONTRACT NO. 2023-47 WITH ANVIL BUILDERS INC. IN AN AMOUNT NOT TO EXCEED $3,647,999 FOR THE STORMWATER PUMP STATIONS IMPROVEMENT PROJECT
WHEREAS, the City solicited bids for the Pump Stations Improvement Project under the requirements of state and local laws and publicly opened the bids on March 9, 2023; and
WHEREAS, the lowest responsible bidder was Anvil Builders Inc.; and
WHEREAS, the Project will install major electrical improvements and various general civil, mechanical, and structural improvements at the six drainage pump stations in Rancho Cordova; and
WHEREAS, adoption of this resolution will award construction Contract No. 2023-47 to Anvil Builders Inc. in an amount not to exceed $3,647,999 for the Pump Stations Improvement Project; and
WHEREAS, funding for this Project will consist of the Stormwater Enterprise Fund; and
WHEREAS, this Project is consistent with the Removal or Replacement of Facilities described in the Initial Study with Mitigated Negative Declaration (IS/MND) prepared for the routine maintenance of the City’s stream channels and drainage facilities in 2014 (SCH# 2014092016) and is covered under the California Environmental Quality Act (CEQA) analysis included in that document.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute construction Contract No. 2023-47 in an amount not to exceed $3,647,999 with Anvil Builders Inc, in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Budge, Mayor
ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2
Stacy Leitner, CMC
City Clerk
Am er ican River
Folsom
SouthCanal
FOLSOM BLVD
DOUGLAS RD
KILGORE
RD
ROUTIER RD
RANCHO CORDOVA PKWY
BRADSHAW RD
COLOMA RD
WHITE ROCK RD
KIEFER BLVD
OLD PLACERVILLE RD
INT E R NATIONALDR
ZINFANDEL DR
ZINFANDELDR
SUNRISE BLVD
SUNRISE
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MATHERFIELDRD
GRANT LINE ROADJACKSON HWY
HAZEL AVE
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ANCIL
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D-13 Mills
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D-11 West Coloma
D-44 Bear
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WaterbodiesWaterbodies
Parks and Rec. AreasParks and Rec. Areas
City BoundaryCity Boundary
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\WATER_RESOURCES\DRAINAGE\RC_Pump_Stations.mxd | Date: 8/3/2015 Pump StationsPump Stations
City of Rancho CordovaCity of Rancho Cordova
0 0.5 1 Mile
Pump Station Name Location
D07 Sunriver 10020 Yukon River Way
D08 Citrus Road Citrus Road & Point East Dr
D11 West Coloma Rod Beaudry Drive, just south of the River Bend Park entrance booth D13 Mills Tower 10419 Mills Tower Dr
D44 Bear Hollow 10842 N Mather Blvd
D46 Mather Industrial Routier Rd. & Old Placerville Rd
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Dalia F di, Principal Civil Engineer
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Pump Stations Improvement Project
Bid Summary - CP15-2151
Rancho Cordova City Hall
2729 Prospect Park Drive, Rancho Cordova, CA
March 9 2023, 2:00 pm, Council Chambers
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ITEM 9.2.
ATTACHMENT 4
ITEM 9.2. ATTACHMENT 5 CONTRACT NO. 2023-47
1898853.2
Construction Services Agreement between April 3, 2023
City of Rancho Cordova and Anvil Builders Inc. Page 1 of 5
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND ANVIL BUILDERS INC.
FOR THE PUMP STATIONS IMRPOVEMENT PROJECT
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Anvil Builders Inc. (“Contractor”) as of April 3, 2023.
W I T N E S S E T H:
WHEREAS, the City Council for the City heretofore caused plans and specifications for Pump Station Improvements Project (“Project”) to be prepared, and therefore did approve and adopt said plans and specifications; and
WHEREAS, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and WHEREAS, the notice was published on February 9, 2023 on CIPList.com and the City of Rancho Cordova’s website (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.
NOW THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:
Section 1. CONTRACT DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the Plans and Specifications.
Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2025.
Section 3. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2023-47 as provided for and set forth in said Plans and Specifications, or in either of them, which said Plans and Specifications are hereby referred and by such reference incorporated herein and made a part of this Agreement. All of the said work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished
ITEM 9.2. ATTACHMENT 5 CONTRACT NO. 2023-47
1898853.2
Construction Services Agreement between April 3, 2023
City of Rancho Cordova and Anvil Builders Inc. Page 2 of 5 by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.
Section 4 COMPLETION. Said work shall be completed and ready for acceptance.
Section 5. PAYMENT. Attached hereto as Exhibit “A” and by reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: Three Million Six Hundred Forty-Seven Thousand Nine Hundred Ninety-Nine Dollars and Zero Cents ($3,647,999.00).
Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.
Section 6. PREVAILING WAGES. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations.
Section 7. INSURANCE. The Contractor shall carry and maintain during the life of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.
Section 8. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 9. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work for the Project, file two bonds with the City, each made payable to the City.
These bonds shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq., and shall be in the
ITEM 9.2. ATTACHMENT 5 CONTRACT NO. 2023-47
1898853.2
Construction Services Agreement between April 3, 2023
City of Rancho Cordova and Anvil Builders Inc. Page 3 of 5 amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.
Section 10. INDEMNIFICATION.
10.1 Contractor’s Performance. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, including cost of defense, settlement, arbitration, and reasonable attorneys’ fees arising out of, pertaining to, or resulting from the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the Contractor is legally liable under law, regardless of whether caused in part by a party indemnified hereunder.
10.2 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.
Section 11. MISCELLANEOUS PROVISIONS.
11.1This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.
11.2 Contract Administration.
This Agreement shall be administered by Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
ITEM 9.2. ATTACHMENT 5 CONTRACT NO. 2023-47
1898853.2
Construction Services Agreement between April 3, 2023
City of Rancho Cordova and Anvil Builders Inc. Page 4 of 5
11.3 Notices. Any written notice to consultant shall be sent to:
Alan Guy
Anvil Builders Inc.
1550 Park Ave.
Emeryville, CA 94608
415-285-5000
Any written notice to City shall be sent to:
Dalia Fadl
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
[email protected]
11.4 IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
ITEM 9.2. ATTACHMENT 5 CONTRACT NO. 2023-47
1898853.2
Construction Services Agreement between April 3, 2023
City of Rancho Cordova and Anvil Builders Inc. Page 5 of 5 IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.
CITY OF RANCHO CORDOVA: CONTRACTOR:
Micah Runner, City ManagerAlan Guy, President
______
Date Date
Attest:
Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:
Adam U. Lindgren, City Attorney
Date
ITEM 16.2. ATTACHMENT 5 CONTRACT NO. 2023-47
1898853.2
Construction Services Agreement between April 3, 2023
City of Rancho Cordova and Anvil Builders Inc. – Exhibit APage 1 of 1
EXHIBIT A
CONTRACTOR BID
Refer to Attached Contractor Bid
.
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 9.3.
DATE: April 3, 2023
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 61-2017-3 WITH DAVEY RESOURCE
GROUP INC. TO EXTEND THE CONTRACT TERM FROM JUNE 30,
2023, TO JUNE 30, 2025, WHICH WOULD RESULT IN AN INCREASE TO THE CONTRACT AMOUNT FROM $460,000 TO $732,500 FOR
ON-CALL ARBORIST CONSULTING SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 61-2017- 3 with Davey Resource Group Inc. for On-Call Arborist Consulting Services. This would extend the contract term from June 30, 2023, to June 30, 2025, which would result in an increase to the contract amount from $460,000 to $732,500.
BACKGROUND
The on-call certified arborist will continue to assist with a variety of tasks to protect and enhance the tree canopy in Rancho Cordova, including: 1) management and maintenance of public trees, 2) inspection of private, protected trees prior to issuance of a permit for pruning or removal, 3) development and implementation of tree planting projects for residential and commercial parcels, open spaces, churches, etc., 4) review of development plans and tree planting standards, and 5) grant administration for tree canopy projects.
FISCAL IMPACT AND FUNDING SOURCE
Funding is from the Public Works Operating Budget. There is no impact to the City’s General Fund.
ATTACHMENT(S)
1. Resolution
2. Contract No. 61-2017-3
ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2023 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 61-2017-3 WITH DAVEY RESOURCE GROUP INC. TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2023, TO JUNE 30, 2025, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $460,000 TO $732,500 FOR ON-CALL
ARBORIST CONSULTING SERVICES
WHEREAS, the Parties entered into a two-year Professional Services Agreement (No. 61-2017) on July 1, 2017, in the amount of $140,000 for the purpose of providing On-Call Arborist Consulting Services through June 30, 2019; and WHEREAS, Amendment No. 1 increased the contract amount by $160,000, from $140,000 to $300,000, and extended the contract term to June 30, 2021; and WHEREAS, Amendment No. 2 increased the contract amount by $160,000, from $300,000 to $460,000, and extended the contract term to June 30, 2023; and
WHEREAS, Amendment No. 3 will increase the contract amount by $272,500, from $460,000 to $732,500, and extend the contract term to June 30, 2025; and
WHEREAS, Amendment No. 3 will allow Davey Resource Group Inc. to continue to provide technical assistance for the maintenance, preservation, and enhancement of the City’s urban forest; and
WHEREAS, those services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, funding for the contract amendment will be from the Public Works Operating Budget. There is no impact to the City’s general fund.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 61-2017-3 with Davey Resource Group Inc. to extend the contract term from June 30, 2023, to June 30, 2025, and increase the contract amount from $460,000 to an amount not to exceed $732,500 in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2023 Page 2 of 2 ATTEST:
Linda Budge, Mayor
Stacy Leitner, CMC
City Clerk
THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND DAVEY
RESOURCE GROUP, INC.
This Thi
rd Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Davey Resource Group, Inc. (“Professional”) as of July 1, 2023. City and Professional are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREA
S, the Parties entered into a two-year Professional Services Agreement (No. 61-2017) on July 1, 2017 in the amount of $140,000 for the purpose of providing On- Call Consulting Arborist Services through June 30, 2019; and WHEREA
S, Amendment No. 1 increased the contract amount by $160,000, from $140,000 to $300,000, and extended to contract term to June 30, 2021; and WHEREA
S, Amendment No. 2 increased the contract amount by $160,000, from $300,000 to $460,000, and extended the contract term to June 30, 2023; and WHEREA
S, Amendment No. 3 will increase the contract amount by $272,500, from $460,000 to $732,500, and extend the contract term to June 30, 2025; and WHEREA
S, Amendment No. 3 will allow Davey Resource Group to continue to provide technical assistance for the maintenance, preservation and enhancement of the City’s urban forest; and
WHEREA
S, those services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREA
S, Amendment No. 3 establishes a billing rate for a Junior Arborist of $90 per hour in Fiscal Year 2023/24 and $95 per hour in Fiscal Year 2024/25, and increases the billing rate for a Senior Arborist from the current rate of $77.00 per hour to $105 in Fiscal Year 2023/24 and $112.00 in Fiscal Year 2024/25; and WHEREA
S, funding for the contract amendment will be from the Public Works Operating Budget. There is no impact to the general fund.
NOW
THEREFORE, the parties hereto agree as follows:
AGREEMENT
1. The Parti
es agree to modify the end date of the PSA from June 30, 2023 to June 30, 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 June 30, 2025, and Professional shall complete the work described in Exhibit A prior to that date; unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8." ITEM 9.3.
ATTACHMENT 2
Contract No. 61-2017-3
2. Sec
tion 2 of the PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed $140,000. The Parties agree to amend Section 2 of the PSA in order to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA is amended to read as follows:
"C
ity hereby agrees to pay Professional a sum not to exceed Seven Hundred and Thirty-Two Thousand and Five Hundred Dollars ($732,500), notwithstanding any contrary indication that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”
3. T
he document entitled “Scope of Work”, attached hereto as Exhibit A, shall replace and superseded the PSA’s Exhibit A.
4. Al
l other terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
5. The si
gnatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
6. Contract Administration. This Agreement shall be administered by Steve Harriman ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
Not
ices. Any written notice to Professional shall be sent to:
Em
ily Spillett, Senior Area Manager
6005 Capistrano Avenue, Suite A
Atascadero, CA 93422
[email protected]
Any
written notice to City shall be sent to:
St
eve Harriman, Operation and Maintenance Division Manager 2729 Prospect Park Drive
Rancho Cordova, CA 95670
[email protected]
ITEM 9.3.
ATTACHMENT 2
Contract No. 61-2017-3
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA PROFESSIONAL
____________________________ ______________________________ Micah Runner, City Manager Emily Spillett, Senior Area Manager
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam Lindgren, City Attorney
Date:__________________
ITEM 9.3.
ATTACHMENT 2
Contract No. 61-2017-3
Corporate Headquarters
295 South Water Street, Suite 300
Kent, OH 44240
800-828-8312
Local Office
PO BOX 5321
Larkspur, CA 94977
February 27, 2022
Steve Harriman
Operations and Maintenance Manager
Rancho Cordova City Hall
2729 Prospect Park Drive
Rancho Cordova, CA 95670
RE: Ranch Cordova Contract Urban Forester Manager and Arborist Services 7/2023-6/2025: Scope and Pricing
Dear Steve Harriman,
Thank you for the opportunity to continue to provide urban forestry services to the City of Rancho Cordova, California. The Davey Resource Group (DRG) team is devoted to providing exceptional service through our technical expertise and our passion for innovative solutions. W e recognize that our success depends on meeting your needs and we are excited about the opportunity to continue collaborating with Rancho Cordova to enhance your level of service to the community and contribute to an e ectively managed environmental asset
that is aligned with Rancho Cordova's urban forestry values.
Furthermore, we recognize that the rates in this proposal are signi cantly higher than our current rates. Based on Lori Murphy’s ever-growing credentials and skills it was necessary to adjust the pricing for her position. In order to o set those costs we have provided a junior consulting arborist rate that can support Lori in the simpler duties and responsibilities at a lower rate.
W e welcome further discussion of this proposal and our rates to meet your needs and expectations. Please feel free to contact me if you have any questions.
Sincerely,
Emily Spillett, Senior Area Manager
Davey Resource Group, Inc.
Certi