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Agenda packet

Rancho Cordova City Council
June 3, 2024

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Agenda packet
Meeting
June 3, 2024
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Rancho Cordova City Council
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Text extracted from the city's file for reading and search. Open the original on ranchocordovaca.api.civicclerk.com. That file is the official record.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, June 3, 2024
4:00 PM – Special Meeting
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
How to Observe or Listen to the Meeting:
•Online via Zoom: https://cityofranchocordova.zoom.us/j/81630466928 Webinar ID: 816 3046 6928
•By phone: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 816 3046 6928
Public Comment
Members of the public who wish to address the City Council may do so in person during the meeting by completing and submitting a Speaker Card to the City Clerk.

Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 2:00 p.m. on Monday, June 3, 2024. 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.

If you have questions related to the City Council Meeting, please contact the City Clerk’s Office at (916) 851-8720 before Monday, June 3, 2024, at 2:00 p.m.

AGENDA

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Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, June 3, 2024

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1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

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

2. PUBLIC COMMENT

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

3. SPECIAL MEETING

3.1. Subject: Economic Development Strategic Plan Update.

Recommendation: Receive the Economic Development Strategic Plan Update from the Economic Development Department and TIP Strategies, Inc.

4. ADJOURNMENT OF SPECIAL MEETING

Mayor Sander will adjourn the special meeting to the regular meeting in the David B. Roberts Council Chambers.

5. REGULAR MEETING - CALL TO ORDER/ROLL CALL

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

6. METRO CABLE TV TELEVISION ANNOUNCEMENT

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

7. PLEDGE OF ALLEGIANCE

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

8. INVOCATION

There will be a moment of silence in lieu of an invocation.

9. PRESENTATIONS

9.1. Introduction of New Employee: Liuba Haluha, Events Coordinator I by Alex Pille, Events Coordinator II.

10. PUBLIC COMMENT

Members of the public wishing to address the Council for any matter not on the agenda may do so at this time by completing and submitting a Speaker Card to 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

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Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, June 3, 2024

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the posting of the agenda.

11. COUNCIL REPORTS

12. CITY MANAGER'S REPORT

13. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

13.1. Subject: Meeting Minutes from the Regular City Council Meeting of May 20, 2024.

Recommendation: Adopt the minutes.

13.2. Subject: Treasurer's Report - March 31, 2024.

Recommendation: This report is informational only. It is recommended that the City Council receive and file the March 31, 2024, Treasurer’s Report.

13.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-61 in an Amount not to Exceed $1,875,000 with MCE Corporation for Stormwater Facility Maintenance Services through June 30, 2029.

Recommendation: Adopt the Resolution.

13.4. Subject: A Resolution Calling the November 5, 2024, General Municipal Election to Elect Council Members By-District for Districts 1, 3, and 4, Requesting the Sacramento County Board of Supervisors Consolidate the General Municipal Election with the Statewide General Election, and Establishing Policies for Candidate Statements.

Recommendation: Adopt the Resolution.

13.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-77 with Kittelson and Associates, Inc. in an Amount not to Exceed $324,945 to Provide Professional Services to Prepare the Rancho Cordova Active Transportation Plan to Increase Mobility Options, Safety, and Livability.

Recommendation: Adopt the Resolution.

13.6. Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Settlement Agreement with 350 Sacramento and Oscar Balaguer Regarding Sacramento Superior Court Case No. 23WM000101.

Recommendation: Adopt the Resolution.

13.7. Subject: A Resolution Rescinding the Rancho Cordova Climate Action and Adaptation Plan and California Environmental Quality Act Initial Study/Negative Declaration, and Readopting the Rancho Cordova Climate Action and Adaptation Plan as an Advisory Plan that does not meet CEQA Guidelines Section 15183.5(b).

Recommendation: Adopt the Resolution.

14. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

14.1. Subject: A Resolution Approving Proceedings for the Annual Levy and Collection of Assessments for Landscaping and Lighting District No. 2005-1 for Fiscal Year 2024-2025.

Recommendation: Adopt the Resolution.

14.2. Subject: A Resolution Approving Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-2025.

Recommendation: Adopt the Resolution.

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Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, June 3, 2024

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14.3. Subject: A Resolution Approving Proceedings for the Annual Levy and Collection of Charges for the Rancho Cordova Transit Related Services Benefit District Zone No. 1 for Fiscal Year 2024-2025.

Recommendation: Adopt the Resolution initiating proceedings for the Annual Levy and Collection of Charges, preliminarily approving the Engineer’s Report and declaring its intention to levy the annual charges for Fiscal Year 2024-2025 for the Rancho Cordova Transit Related Services Benefit District, Zone No. 1 and adopt the Resolution amending and/or confirming the Engineer’s Report and establishing the Fiscal Year 2024-2025 service charge for the Rancho Cordova Transit Related Services Benefit District, Zone No. 1.

14.4. Subject: Resolutions Approving Proceedings for the Annual Levy and Collection of Charges for the Rancho Cordova Transit Related Services Benefit District, Zone No. 2, for Fiscal Year 2024-2025.

Recommendation: Adopt the Resolution initiating proceedings for the Annual Levy and Collection of Charges, preliminarily approving the Engineer’s Report, and Declaring its Intention to Levy the Annual Charges for Fiscal Year 2024-2025 for the Rancho Cordova Transit-Related Services Benefit District, Zone No. 2, and adopt the Resolution Amending and/or Confirming the Engineer’s Report and establishing the Fiscal Year 2024-2025 Service Charges for the Rancho Cordova Transit-Related Services Benefit District, Zone No. 2.

14.5. Subject: Resolutions Approving Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Road Maintenance District for Fiscal Year 2024-2025 Recommendation: Adopt a Resolution initiating proceedings for the annual levy and collection of assessments, declaring its intention to levy the annual assessments and preliminarily approving the Engineer’s Report for the Rancho Cordova Road Maintenance Assessment District for Fiscal Year 2024-2025, and adopt a Resolution amending and/or approving the annual Engineer’s Report and ordering the levy and collection of assessments within the Rancho Cordova Road Maintenance Assessment District for Fiscal Year 2024- 2025.

15. PUBLIC HEARING ITEMS

None.

16. REGULAR CALENDAR ITEMS

16.1. Subject: Proposed Neighborhood Traffic Management Program 2024 Recommendation.

Recommendation: Receive staff presentation and provide comments on the proposed 2024 Neighborhood Traffic Management Program (NTMP).

16.2. Subject: A Resolution Authorizing the City Manager to Execute a Conveyance Agreement, and Related Documents, with Sacramento County for Acquisition of Property within the Former Mather Air Force Base located on the Southeast Corner of Bleckely St and Schirra Ave, APN 067-0010-093-0000, and an American Rescue Plan Act Subaward Agreement with Sacramento County for the City-Sponsored Mather Veterans Village Phase 4 Multifamily Housing Project for Homeless Veterans.

Recommendation: Adopt the Resolution.

16.3. Subject: A Resolution Approving a Written Report Describing the Measures Taken to Alleviate the Condition Which Led to the Adoption of the Urgency Ordinance Establishing a Temporary Moratorium on the Establishment, Expansion, or Modification of Uses in the Villages of Zinfandel Special Planning Area Designated Therein as M-1 (Light Industrial) and

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Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, June 3, 2024

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MP (Office Industrial Park) Zones.

Recommendation: Adopt the Resolution and direct staff to issue the written report describing the measures taken to alleviate the condition which led to the Urgency Ordinance establishing a temporary moratorium on the establishment, expansion, or modification of uses in the Villages of Zinfandel Special Planning Area Designated Therein as M-1 (Light Industrial) and MP (Office Industrial Park) zones.

16.4. Subject: A Resolution Approving and Establishing a City Council Policy to Lead with a Citywide Perspective.

Recommendation: Adopt the Resolution.

17. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

18. ADJOURN TO CLOSED SESSION

Mayor Sander will adjourn the meeting to closed session.

19. CLOSED SESSION - CALL TO ORDER/ROLL CALL

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

20. CLOSED SESSION

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

20.1. Subject: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) Peter A. Demetroulas and Julie Demetroulas, as Trustees of the Demetroulas Family Trust Dated September 6, 1995 vs the City of Rancho Cordova. Sacramento Superior Court Case No. 24CV009544.

21. OPEN SESSION - REPORT FROM CLOSED SESSION

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

22. ADJOURNMENT

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

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

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

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

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Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, June 3, 2024

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UPCOMING MEETINGS
June 17, 2024 5:30 PM Regular Meeting
June 25, 2024 5:30 PM Special Meeting/Work Session
July 1, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting July 15, 2024 5:30 PM Regular Meeting
August 19, 2024 5:30 PM Regular Meeting
August 27, 2024 5:30 PM Special Meeting/Work Session
September 3, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting September 16, 2024 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 June 3, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on May 30, 2024, 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 May 30, 2024, at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 3.1.

DATE: June 3, 2024

TO: Honorable Mayor and Council Members

FROM: Amanda Norton, Economic Development Manager

SUBJECT: ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE

RECOMMENDATION

Receive the Economic Development Strategic Plan Update from the Economic Development Department and TIP Strategies, Inc.

RESULT OF RECOMMENDED ACTION

If directed to do so by City Council, City staff would return with additional information or discussion items at a future Council meeting.

BACKGROUND

On February 5, 2024, City Council approved Resolution No. 8-2024, authorizing the City Manager to execute an agreement with TIP Strategies, Inc. to develop a three (3) year Economic Development Strategic Plan (EDSP). The agreement began on March 1, 2024, and will conclude on March 31, 2025.

The EDSP is a year-long process that will guide the City of Rancho Cordova's economic development efforts for the next three (3) years. The EDSP will define a clear vision and set of strategies to enhance the City's economic prosperity, promote job growth, attract businesses, and ensure a vibrant and sustainable local economy.

This presentation will provide an update on the EDSP development, data and insights collected to date, and next steps.

FISCAL IMPACT AND FUNDING SOURCE

No fiscal impact is associated with this update.

ATTACHMENT(S)

1. Presentation

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▸ JEFF MARCELL, SENIOR PARTNER
▸ JENN TODD-GO YNES, SENIOR CONSULTANT
▸ VICTORIA WILSON, CONSULTANT

ECONOMIC DEVELOPMENT STRATEGIC PLAN
JUNE 3, 2024

CITY OF RANCHO CORDOVA
ITEM 3.1.

ATTACHMENT 1

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AGENDA
▸Introduction
▸Project Overview
▸What We’ve Learned
▸Proposed Framework
▸Next Steps
▸Share preliminary quantitative and
qu
alitative findings
▸Introduce guiding principles and goal
are
as
▸Receive feedback to refine TIP’s
appr
oach

OBJECTIVES
ITEM 3.1.

ATTACHMENT 1

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INTRODUCTION
ITEM 3.1.

ATTACHMENT 1

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OUR MISSION
To engage and inspire community leaders to help
the people they serve thrive economically,
financially, and socially
ITEM 3.1.

ATTACHMENT 1

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YEAR FOUNDED
1995

ENGAGEMENTS
550+

CLIENTS
400+
STATES
44 COUNTRIES
5 ©Tiberius Images
ITEM 3.1.

ATTACHMENT 1

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Project Management Team
Jeff Marcell
Senior Partner
Tracye McDaniel
President
Jennifer Todd-Goynes
Senior Consultant
Victoria Wilson
Consultant

PRINCIPAL-IN-CHARGE STRATEGIC ADVISOR LEAD CONSULTANT ASSISTING CONSULTANT ITEM 3.1.

ATTACHMENT 1

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STEERING COMMITTEE MEMBERS

NAME TITLE ORGANIZATION
Troels Adrian Executive Vice President Greater Sacramento Economic Council Christopher Belle Chief Executive Officer Tri Tool Technologies, Inc.

Jose Bodipo-Memba Chief Diversity Officer SMUD
Arlene Granadosin-Jones Senior Planner City of Rancho Cordova Stefan Heisler Housing Manager City of Rancho Cordova
Sam Malonakus Owner Brookfields Restaurant
Edgar Medina Principal Engineer City of Rancho Cordova
Diann Rogers President and CEO Rancho Cordova Area Chamber of Commerce Marc Sapoznik President and CEO Visit Rancho Cordova
Price Walker Vice President, Project Development Elliott Homes Chuck Wolfe President Claggett Wolfe & Associates
ITEM 3.1.

ATTACHMENT 1

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PROJECT

OVERVIEW
ITEM 3.1.

ATTACHMENT 1

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WHAT INFORMS THE STRATEGIC PLAN?

WHAT YOU TELL US
▸ Meetings with community leadership & staff
▸ Focus group discussions
▸ Stakeholder interviews, surveys, & workshops

WHAT THE DATA TELLS US
▸ Economic assessment
▸ Benchmarking vs. competitors & peer cities
▸ Cluster & target industry analysis

WHAT OUR EXPERIENCE TELLS US
▸ Strategies & initiatives
▸ Best practices
▸ Trends in economic development
ITEM 3.1.

ATTACHMENT 1

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To create an actionable Economic
Development Strategic Plan that furthers
strong and inclusive economic growth in
Rancho Cordova

PROJECT GOAL

PROJECT GOAL
ITEM 3.1.

ATTACHMENT 1

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Elements of the Rancho Cordova economic development strategic plan

SPECIFIC CONSIDERATIONS
▸ Examine current marketing, branding, and incentives and ensure alignment with goals and objectives. ▸ Assess how strategies can be implemented to support equitable economic development.

Business Attraction,
Retention, &
Expansion
▸ Analyze key demographic, socioeconomic, labor and workforce, educational, and employment data. ▸ When possible, disaggregate data by geography, ethnicity, and race. ▸ Consider the city’s current economic position and identify opportunities for the future.

Citywide
Demographic and
Economic Analysis
▸ Identify target sectors for growth, expansion, and relocation. ▸ Targeted and actionable business recruitment and retention strategy.

Target Industry
Analysis
▸ Analyze real estate market indicators such as rental rates, vacancies, construction completion. ▸ Identify development opportunities and the alignment of real estate assets with goals and strategies in the plan.

Commercial
Property Analysis
ITEM 3.1.

ATTACHMENT 1

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SCHEDULE

APR MAY JUN JUL AUG SEPT OCT NOV
Site Visit
Discovery
workshop
Site Visit
Opportunity
workshop
Steering
Committee
Kickoff
Site Visit
Final presentation
& workshop
Stakeholder
Engagement

DISCOVERY

IMPLEMENTATION

ENGAGEMENT
Stakeholders
▸Roundtables, interviews
▸Town halls
City Council
▸Briefings in June, August, and November
Steering Committee
▸Meetings in April, May, August, and Novembe
r
Data analysis
socioeconomic
factors, target
industries, and
commercial property

OPPORTUNITY
ITEM 3.1.

ATTACHMENT 1

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WHAT WE’VE

LEARNED
ITEM 3.1.

ATTACHMENT 1

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▸ There is a strong sense of community in Rancho Cordova ▸ Many family-or iented, summer events
▸ Assets include the barrel district, river, and the MACC ▸ The c ity is viewed as a strong partner with the business community
▸ Willingness to support businesses and development process ▸ Opportunity to improve BRE and strengthen business attraction ▸ Real estate challenges in clude office vacancies, and insufficient retail and amenity options
▸ Remote work has led to increased office space vacancies, and d
ecreased daytime traffic
▸ Desire for a downtown or other community gathering place ▸ Businesses are experiencing hiring challenges
▸ Childcare, transportation, and language access are barriers ▸ Mismatch between residents’ skills and locally available jobs ▸ Opportunity to improve collaboration between businesses and w
orkforce partners
WHAT WE’VE HEARD
ITEM 3.1.

ATTACHMENT 1

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Sources: US Census Bureau, Population Estimates Program; Moody’s Analytics; TIP Strategies, Inc.

Notes: Population estimates prior to 2019 are sourced from Moody’s Analytics. Estimates from 2010-2022 are sourced from the Census Bureau’s Population Estimates program vintages 2020 and 2022.

POPULATION GROWTH
Rancho Cordova has experienced rapid growth since 2010, but the rate may be slowing ITEM 3.1.

ATTACHMENT 1

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Sources: US Census Bureau, Population Estimates Program; Moody’s Analytics; TIP Strategies, Inc.

Notes: Natural Change is the difference between annual births and deaths. Total population change includes a residual (a change in population that cannot be attributed to any specific demographic component). Residual change is not shown in the chart but is included in the net population change shown by the red bars. 2010 and 2020 components are estimated based on a 12-month projection of the 2nd quarter (the period between the Census and the mid-year estimate) that is not seasonally adjusted.

POPULATION GROWTH
Most population change is from domestic migration
ITEM 3.1.

ATTACHMENT 1

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Sources: 2022 American Community Survey (ACS) 5-year sample; TIP Strategies, Inc.

Notes: Housing-cost burdened households are those spending 30 percent or more of income on housing costs. Only includes households where housing cost and household income can both be determined.

HOUSING COST-BURDENED OWNERS, 2022
Rancho Cordova has a higher proportion of housing-cost burdened owners, despite its relative affordability ITEM 3.1.

ATTACHMENT 1

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Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: NAICS industry sectors are shown. Rancho Cordova, CA, is approximated by ZIP codes 95655, 95670, 95741, and 95742.

INDUSTRY SECTOR CONCENTRATIONS- LQs (2001-2023)
Rancho Cordova has a competitive advantage in Finance & Insurance and Regional & Corporate Operations ITEM 3.1.

ATTACHMENT 1

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Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: NAICS industry sectors are shown. Rancho Cordova, CA, is approximated by ZIP codes 95655, 95670, 95741, and 95742.

JOB COUNT BY INDUSTRY SECTOR, 2023
The city has strong employment in the Finance & Insurance, Construction, and Healthcare sectors ITEM 3.1.

ATTACHMENT 1

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Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: NAICS industry sectors are shown. Rancho Cordova, CA, is approximated by ZIP codes 95655, 95670, 95741, and 95742.

INDUSTRY SECTORS CHANGE (2019-2023)
Employment in the Healthcare and Transportation sectors has grown, but losses in Finance & Insurance and Administrative services have been significant
ITEM 3.1.

ATTACHMENT 1

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Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: This metric represents the difference in each occupational group between the number of jobs in Rancho Cordova, CA, and the number of employed residents. Rancho Cordova, CA, is approximated by ZIP codes 95655, 95670, 95741, and 95742.

OCCUPATIONAL EMPLOYMENT, 2023
More workers commute into Rancho Cordova than commute out, creating a housing opportunity A positive number indicates Rancho
Cordova, CA, is effectively a net
importer of workers for that
occupational group (i.e., there are
more jobs available than there are
residents in that occupational
group), and a negative number
indicates Rancho Cordova, CA, is
effectively a net exporter of workers
for that group.
■ Commute in (implied talent deficit)
■ Commute out (implied talent surplus
ITEM 3.1.

ATTACHMENT 1

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Sources: Longitudinal Employer-Household Dynamics (LEHD), Origin-Destination Employment Statistics (LODES); TIP Strategies, Inc.

Notes: Goods-producing sectors include agriculture, mining, oil and gas extraction, construction, and manufacturing. Trade, transport, and utilities sector includes retail and wholesale trade, transportation, warehousing, and utilities. All other sectors are aggregated. Only includes residents and workers in California.

COMMUTING PATTERNS, 2021
Where workers employed in Rancho Cordova lived & where residents of Rancho Cordova worked ITEM 3.1.

ATTACHMENT 1

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Sources: Longitudinal Employer-Household Dynamics (LEHD), Origin-Destination Employment Statistics (LODES); TIP Strategies, Inc.

Notes: All states are included in determining the net flow values in this chart. Net flow may appear slightly different from the values presented in the commuter trends chart.

COMMUTING PATTERNS BY SOCIOECONOMIC FACTORS, 2021
The largest group of commuters are White, mid-career with middle & high earnings ITEM 3.1.

ATTACHMENT 1

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KEY ASSETS AND OPPORTUNITIES
Sense of community and diverse population
1 Regional job center with large business park
2 Location within the region
3 Business friendly, growth-oriented mindset
4 Comparatively affordable housing
5 ITEM 3.1.

ATTACHMENT 1

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KEY CHALLENGES
Underutilized and vacant office space
1 Disconnect between where people live and work
2 Lack of central downtown or community space
3 Need for additional housing
4 Outdated perceptions from outside the community
5 ITEM 3.1.

ATTACHMENT 1

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PROPOSED

FRAMEWORK
ITEM 3.1.

ATTACHMENT 1

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PROPOSED FRAMEWORK

GUIDING PRINCIPLES

ECONOMIC RESILIENCY SUSTAINABLE GROWTH INNOVATION DIVERSITY AND INCLUSIVITY

GOAL AREAS

BUSINESS DEVELOPMENT WORKFORCE AND TALENT PLACEMAKING AND REAL ESTATE ITEM 3.1.

ATTACHMENT 1

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NEXT STEPS
ITEM 3.1.

ATTACHMENT 1

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Ongoing
▸Stakeholder engagement: roundtables,
in
terviews, town halls
▸Data analysis: target industries, real estate
M
ilestones
▸Steering committee meeting: May 30th
▸Additional council updates and steering
co
mmittee meetings
▸August: high-lev el strategies
▸November: Final plan

NEXT STEPS
32 ITEM 3.1.

ATTACHMENT 1

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13492 N Hwy 183
Suite 120-254
Austin, TX 78750
+1 512 3439113
www.tipstrategies.com
Based in Austin
with offices coast to coast
ITEM 3.1.

ATTACHMENT 1

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ITEM 13.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, May 20, 2024
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova, CA
Hyatt Place, Bakersfield - Lobby
310 Coffee Road, Bakersfield, CA

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Mayor Sander called the Regular meeting to order in the David B. Roberts Council Chambers at 5:39 p.m.

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

Robert McGarvey led the pledge.

4. INVOCATION

Renee Miller of Women's Ministries with River City Christian gave the invocation.

5. PRESENTATIONS

5.1. Presentation of Proclamation for National Cities, Towns, and Villages Month.

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ITEM 13.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 20, 2024

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5.2. Annual Mosquito and West Nile Virus Update Presented by the Sacramento-Yolo Mosquito & Vector Control District.

5.3. Introduction of New Employees: Ian Winbrock, Management Analyst II by Megan Siren, Assistant to the City Manager.

6. PUBLIC COMMENT

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

1. Lori Powell

2. Alexander Hampton

3. Marco Alfaro

4. Mercedes Kirk

5. Jim Huber
Mayor Sander 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

Item 9.15 was pulled for separate discussion.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to approve items 9.1 through 9.22 with the exception of item 9.15 by Budge second by Gatewood;
Motion passed with a 4:0 vote.

AYES: Budge, Gatewood, Terry, and Sander
NOES: None
ABSENT: Pulipati
ABSTAIN: None

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of May 6, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: Second Reading of an Ordinance Amending Title 23, Chapter 23.113 Zoning Certification, Chapter 23.313 Mixed-Use Zoning District, Chapter 23.731 Fences, Walls, and Screening, Chapter 23.1104 Definitions and the Folsom Boulevard Specific Plan (California Environmental Quality Act CEQA Exemption Found in Guideline Section 15061(b)(3)).

Recommendation: Waive the second reading and adopt the Ordinance.

9.3. Subject: Second Reading of an Ordinance Amending Title 4, Chapter 4.54 Regulations and Prohibitions, and Title 9, Chapter 9.36 Park Regulations of the Rancho Cordova Municipal Code Regarding the Regulation of Social Host Fireworks and the Regulation of Illegal Fireworks in Parks.

Recommendation: Waive the second reading and adopt the Ordinance.

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ITEM 13.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 20, 2024

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9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-50 in an Amount not to Exceed $2,250,000 with Coastline Water Resources for Storm Drain Maintenance Services through June 30, 2029.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 56-2019-2 with Harris & Associates to Extend the Contract Term from June 30, 2024, to June 30, 2026, which would Result in an Increase to the Contract Amount from $200,000 to an Amount not to Exceed $300,000 for On-Call Stormwater Finance Support Services.

Recommendation: Adopt the Resolution

9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-69-2 with West Coast Arborists to Extend the Contract Term from June 30, 2024, to June 30, 2026, Resulting in an Increase to the Contract Amount from $895,475 to an Amount not to Exceed $1,595,475 for Continued On-Call Tree Maintenance Services.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-58 with West Yost in an Amount not to Exceed $600,000 for Stormwater Professional Services.

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-68 with Martin General Engineering, Inc. in an Amount not to Exceed $2,156,838.35 for the Chase Drive American River Parkway Connection Project Construction.

Recommendation: Adopt the Resolution.

9.9. Subject: Resolutions Initiating Proceedings for the Annual Levy and Collection of Assessments for the Landscape and Lighting District No. 2005-1 for Fiscal Year 2024-

25. Recommendation: Adopt the Resolution initiating proceedings for the annual levy and collection of assessments for the Landscaping and Lighting District No. 2005-1 (LLD 2005-1) for Fiscal Year 2024-25, and adopt the Resolution preliminarily approving the Engineer’s Annual Levy Report and declaring its intention to levy and collect Annual Assessments for the Landscaping and Lighting District No. 2005-1 for Fiscal Year 2024-

25. 9.10. Subject: A Resolution Adopting a List of Projects for the Fiscal Year 2024-25 Funding by Senate Bill No. 1: The Road Repair and Accountability Act of 2017.

Recommendation: Adopt the Resolution.

9.11. Subject: Resolutions Initiating Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-

25. Recommendation: Adopt the Resolution initiating proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-25, and adopt the Resolution preliminarily approving the Engineer’s Annual Levy Report and declaring its intention to Levy and Collect Annual Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2024-25.

9.12. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 65-2019-3 with Willdan Engineering to Extend the Contract Term from June 30,

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ITEM 13.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 20, 2024

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2024, to June 30, 2026, which Results in an Increase to the Contract Amount from $2,250,000 to an Amount not to Exceed $4,100,000 for On-Call Professional Services.

Recommendation: Adopt the Resolution.

9.13. Subject: A Resolution Approving the Final Map of The Ranch Village 12-1, Subdivision No. FM-2021-002-13, and Authorizing the City Manager to Execute Subdivision Improvement Agreement Contract No. 2024-49 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

9.14. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-56 with the Capital Southeast Connector Joint Powers Authority in an Amount not to Exceed $1,600,000 for Design, Right-Of-Way and Construction of Grant Line Road Improvements between White Rock Road and Chrysanthy Boulevard.

Recommendation: Adopt the Resolution.

9.15. Subject: A Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the County of Sacramento for the Acquisition of Rights-of-Way within the City of Rancho Cordova for the Hazel Avenue at U.S. 50 Interchange Project.

Recommendation: Adopt the Resolution.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to approve item 9.15. by Terry second by Gatewood; Motion passed with a 3:0 vote
AYES: Gatewood, Terry, and Sander
NOES: None
ABSENT: Pulipati
ABSTAIN: Budge

9.16. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 211-2018-3 with Ross Campbell, Inc. to Extend the Contract Term from June 30, 2024, to June 30, 2026, which Results in an Increase to the Contract Amount from $387,619 to an Amount not to Exceed $463,573.69 for Public Education Campaigns on Safe and Responsible Waste Disposal and Recycling Practices.

Recommendation: Adopt the Resolution.

9.17. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2023-67-1 with Zero Foodprint to Extend the Term from June 30, 2024, through February 27, 2026, which Results in an Increase to the Contract from $113,297 to an Amount not to Exceed $190,934 for Compost Procurement Services as Required by California State Law.

Recommendation: Adopt the Resolution.

9.18. Subject: Developer Agreement Compliance Review.

Recommendation: Receive and file for the Development Agreement Compliance Review.

9.19. Subject: A Resolution Authorizing the City Manager to Execute Agreement No. 0000000549 with the State of California Employment Development Department in an Amount not to Exceed $9,451 for Quarterly Census Employment and Wages Information.

Recommendation: Adopt the Resolution.

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ITEM 13.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 20, 2024

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9.20. Subject: A Resolution Authorizing the City Manager to Execute a Forgivable Predevelopment Loan Agreement with Mercy Housing California for the Mather Veterans Village Phase 4 Project in the Amount of $467,024 Utilizing Permanent Local Housing Allocation (PLHA) Funding.

Recommendation: Adopt the Resolution.

9.21. Subject: A Resolution Approving the Annexation of the Preserve Project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting, and Landscape Maintenance).

Recommendation: Adopt the Resolution.

9.22. Subject: A Resolution Approving the Boundary Map for The Preserve Project Annexation to the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens).

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

None.

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Economic Development Department Update - Community Enhancement and Investment Fund Programs, Workforce Development Programs, and Talent Pipeline Management.

Recommendation: Receive the Community Enhancement & Investment Fund Programs, Workforce Development Programs, and Talent Pipeline Management Update from the Economic Development Department.

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

1. Ben Avey
Mayor Sander closed the public comment period.

ACTION: Input was received regarding the Economic Development Department Update - Community Enhancement and Investment Fund Programs, Workforce Development Programs, and Talent Pipeline Management.

12.2. Subject: Appointment of Real Property Negotiators City Manager Micah Runner, and City Attorney Adam U. Lindgren, for the Following Property and Assessor's Parcel Number (APN): 2875 Kilgore Road, Rancho Cordova, CA 95670, 072-0490-024-0000.

Recommendation: Approve appointment of Real Property Negotiators.

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to approve item 12.2. by Budge second by Gatewood; Motion passed with a 4:0 vote.

AYES: Budge, Gatewood, Terry, and Sander
NOES: None

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ITEM 13.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 20, 2024

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ABSENT: Pulipati
ABSTAIN: None

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Enhanced Christmas Tree

14. ADJOURN TO CLOSED SESSION

Mayor Sander adjourned the meeting to Closed Session at 7:34 p.m.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Mayor Sander called closed session to order at 7:35 p.m.

Council Members Present: Budge, Gatewood, Terry, and Sander Council Members Absent: Pulipati
Staff Members Present: Adam Lindgren and Micah Runner

16. CLOSED SESSION

The Council met in closed session to discuss the following item:

16.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: 2875 Kilgore Road, Rancho Cordova APN: 072-0490- 024-0000. City Negotiators: Micah Runner, City Manager, and Adam U. Lindgren, City Attorney. Under Negotiation: Price and Terms of Payment.

17. OPEN SESSION - REPORT FROM CLOSED SESSION

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

18. ADJOURNMENT

Mayor Sander adjourned the meeting in memory of Clarence "Bud" Anderson and Al Rogel at 8:13 p.m.
____________________
Stacy Leitner, CMC
City Clerk

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City Council Staff Report – Page 1 of 4
\

MEMORANDUM
ITEM 13.2.

DATE:June 3, 2024
TO:Honorable Mayor and Council Members
FROM:Kim Juran-Karageorgiou,
Administrative Services Director
SUBJECT:Treasurer’s Report – March 31, 2024

RECOMMENDATION
This report is informational only. It is recommended that the City Council receive and file the March 31, 2024, Treasurer’s Report.

RESULT OF RECOMMENDED ACTION
The Treasurer’s Report is required to be submitted to the City Council at least quarterly in accordance with California Government Code Section 53600 et. seq. The purpose of the Treasurer’s Report is to update the City Council and the public on the status of the City’s cash balances and investments and highlight material changes from one period to another. The scope of this report covers the first quarter of the 2024 calendar year ending March 31, 2024, and is in compliance with the State’s reporting requirements.

BACKGROUND
Attached is the quarterly Treasurer’s Report for the period ending March 31, 2024. The Treasurer’s Reports are provided to the City Council on a quarterly basis.

At December 31, 2023, the value of the City’s total portfolio was $291.6 million. Since that time, the City’s cash balances increased by $31.3 million with an ending balance of $322.9 million as of March 31, 2024. The funds are held as follows:

Investment Distribution Book Value Market Value
Cash at Banking Institutions 127,066,790 127,066,790
Local Agency Investment Fund (LAIF) 6,483,530 6,483,530 CAMP Pool 58,134,608 58,134,608
CAMP Managed Account 68,092,171 66,920,478
Insight Investment 64,776,864 64,300,077
Total 324,553,963 322,905,483

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City Council Staff Report – Page 2 of 4
The overall economy remained strong at the start of 2024, led by strong consumer spending and a robust labor market. The Federal Reserve kept the overnight rate at its current target range of 5.25%-5.50% during the first quarter of 2024, as expected, marking the fifth consecutive pause following the last rate hike in July 2023. While inflation readings for January and February came in higher than expectations, CPI continued to trend lower during the first quarter. The U.S. labor market showed little signs of softening, adding over 800,000 jobs in the first quarter and dropping the unemployment rate to 3.8%, marking two years in which unemployment has remained below 4%.

The City’s cash balance as of March 31, 2024, was allocated by fund type/purpose as follows:
•General Fund: $22.7 million
•Community Enhancement & Investment Fund (Measure H & R): $21.3 million •Sunrise Development Impact Fees (restricted for specific improvements needed as a result of development in the area): $42.7 million
•Transportation Funds: $92.9 million
•Storm Drain Fund: $21.0 million
•Capital Projects/Grant/Special Revenue Funds: $88.5 million •Agency Funds (funds held for other entities): $35.4 million The overall portfolio is well diversified with $132.9 million invested in marketable securities, $64.6 million is invested in short-term investments that are considered liquid (LAIF, CAMP, and money markets), and another $127.0 million is on deposit with our banks, which includes $5.5 million on deposit with one local bank as part of the City’s participation in a local banking initiative. Staff, in conjunction with our financial advisors, periodically reviews the mix of liquid

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City Council Staff Report – Page 3 of 4
and long-term investments and adjusts the portfolio according to the market conditions and our short-term cash needs.

Staff thoroughly reviews investment statements and makes appropriate inquiries of its investment advisors to confirm the existence and viability of the City’s assets. The City invests conservatively in investment policy options in accordance with the California State Government Code. The long-term assets are in securities that can be held to maturity, thus are less vulnerable to the fluctuations of the market. All securities are in compliance with the City’s investment policy. There are sufficient funds to meet the City’s expenditure requirements for the next six months.

The distribution of investments are displayed in the following charts:

Under 1 Year

67.5%
1 to 3 Years

19.2%
Over 3 Years

13.3%
Investment Ladder

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City Council Staff Report – Page 4 of 4

ATTACHMENT(S)

1. City of Rancho Cordova Treasurer’s Report for the quarter ended March 31, 2024 Short Term Investment
Pool 59.4%
U.S. Treasury Bond /
Note 16.1%
Supra-National
Agency Bond /
Note 0.2%
Municipal Bond
/ Note 0.7%
Federal Agency Commerical
Mortgage-Backed Security

2.8%
Federal Agency Bond / Note

7.3% Corporate Note

4.6% Commercial Paper 0.6%
Corporate Bonds 5.8%
Certificate of Deposit 0.5%
Asset-Backed Security 2.1%
Allocation By Security Type

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Security Held Book Value Market Value
Wells Fargo Bank 121,518,870 121,518,870
5 Star Bank 5,547,920 5,547,920
Local Agency Investment Fund (LAIF) 6,483,530 6,483,530 CAMP Pool 58,134,608 58,134,608
CAMP Managed Account 68,092,171 66,920,478
Insight Investment 64,776,864 64,300,077
Total 324,553,963
322,905,483

CITY OF RANCHO CORDOVA

TREASURER'S REPORT
FOR THE QUARTER ENDED March 31, 2024
ITEM 13.2.

ATTACHMENT 1

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ATTACHMENT 1

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SECURITIES HELD
As of March 31, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Cash and Cash Equivalents

0.000 2 56,079.04 256,079.04 0.00 0.00 0.40256,079.04256,079.04Cash and Cash Equivalents Total Cash and Cash Equivalents 256,079.04 256,079.04 256,079.04 0.00 0.400.00256,079.04 Corporate Bonds
037833CU2 2 .850 05/11/2024 413,260.00 400,000.00 (1,283.02) 4,433.33 0.64398,716.98400,000.00APPLE INC 2.85% 11MAY2024 (CALLABLE 19APR24) 14913R2L0 0.450 05/17/2024 998,760.00 999,939.98 (6,453.22) 1,675.00 1.55993,486.761,000,000.00CATERPILLAR FINL SERVICE 0.45% 17MAY2024 931142DV2 2.650 12/15/2024 1,009,812.00 960,507.51 (26,152.82) 7,412.64 10/15/2024

1.57934,354.69950,000.00WALMART INC 2.65% 15DEC2024 (CALLABLE 15OCT24) 166764BW9 1.554 05/11/2025 1,525,696.00 1,572,487.62 (33,575.19) 9,669.33 04/11/2025

2.371,538,912.431,600,000.00CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25)
24422ETC3 3.400 09/11/2025 593,280.00 596,787.69 (10,697.23) 1,133.33 0.92586,090.46600,000.00JOHN DEERE CAPITAL CORP 3.4% 11SEP2025 478160BY9 2.450 03/01/2026 949,330.00 963,941.33 (5,723.44) 2,041.67 12/01/2025

1.47958,217.891,000,000.00JOHNSON & JOHNSON 2.45% 01MAR2026 (CALLABLE 01DEC25)
06051GFX2 3.500 04/19/2026 768,064.00 776,064.19 (220.37) 12,600.00 1.19775,843.82800,000.00BANK OF AMERICA CORP 3.5% 19APR2026 023135BX3 1.000 05/12/2026 902,520.00 928,714.24 (5,228.23) 3,861.11 04/12/2026

1.40923,486.011,000,000.00AMAZON.COM INC 1% 12MAY2026 (CALLABLE 12APR26)
46625HRS1 3.200 06/15/2026 949,700.00 970,312.92 (7,842.70) 9,422.22 03/15/2026

1.47962,470.221,000,000.00JPMORGAN CHASE & CO 3.2% 15JUN2026 (CALLABLE 15MAR26)
693475AX3 2.600 07/23/2026 741,568.00 754,931.61 2,516.65 3,928.89 05/24/2026

1.15757,448.26800,000.00PNC FINANCIAL SERVICES 2.6% 23JUL2026 (CALLABLE 23MAY26)
8 ITEM 13.2.

ATTACHMENT 1

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SECURITIES HELD
As of March 31, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Corporate Bonds
89236TDR3 3 .200 01/11/2027 1,031,052.00 1,043,428.73 9,243.53 7,822.22 1.601,052,672.261,100,000.00TOYOTA MOTOR CREDIT CORP 3.2% 11JAN2027 24422EWD7 2.350 03/08/2027 553,404.00 563,155.03 (2,851.22) 900.83 0.86560,303.81600,000.00JOHN DEERE CAPITAL CORP 2.35% 08MAR2027 437076CA8 2.500 04/15/2027 1,398,930.00 1,419,570.02 (13,468.59) 17,291.67 02/15/2027

2.171,406,101.431,500,000.00HOME DEPOT INC 2.5% 15APR2027 (CALLABLE 15FEB27)
91159HHR4 3.150 04/27/2027 789,072.00 800,186.64 6,849.39 11,453.75 03/27/2027

1.22807,036.03850,000.00US BANCORP 3.15% 27APR2027 (CALLABLE 27MAR27) 194162AN3 3.100 08/15/2027 1,501,091.98 1,513,471.76 (13,400.16) 6,207.06 07/15/2027

2.331,500,071.601,567,000.00COLGATE-PALMOLIVE CO 3.1% 15AUG2027 (CALLABLE 15JUL27)
037833DB3 2.900 09/12/2027 850,563.00 864,030.02 (12,215.73) 1,377.50 06/12/2027

1.32851,814.29900,000.00APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 89236TKL8 5.450 11/10/2027 512,655.00 510,458.68 (775.32) 10,672.92 0.80509,683.36500,000.00TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 02665WED9 4.700 01/12/2028 611,328.00 609,167.40 (11,376.91) 6,188.33 0.95597,790.49600,000.00AMERICAN HONDA FINANCE 4.7% 12JAN2028 02665WEM9 5.125 07/07/2028 713,811.00 713,103.40 (5,183.87) 8,370.83 1.11707,919.53700,000.00AMERICAN HONDA FINANCE 5.125% 07JUL2028 17325FBB3 5.803 09/29/2028 1,033,740.00 1,032,277.46 2,828.00 322.39 08/29/2028

1.601,035,105.461,000,000.00CITIBANK NA 5.803% 29SEP2028 (CALLABLE 29AUG28) 61747YFA8 5.123 02/01/2029 800,040.00 800,038.49 (1,338.91) 6,830.67 02/01/2028

1.24798,699.58800,000.00MORGAN STANLEY 5.123% 01FEB2029 (CALLABLE 01FEB28)
Total Corporate Bonds 18,647,676.98 18,792,574.72 18,656,225.36 (136,349.36) 28.94133,615.6919,267,000.00 9 ITEM 13.2.

ATTACHMENT 1

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SECURITIES HELD
As of March 31, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Agencies
3130AMQQ8 0 .350 04/23/2024 999,000.00 999,977.60 (2,960.29) 952.78 1.55997,017.311,000,000.00FEDERAL HOME LOAN BANK 0.35% 23APR2024

CALLABLE
3130A1XJ2 2.875 06/14/2024 881,814.28 837,063.29 (6,101.39) 7,135.19 1.37830,961.90835,000.00FEDERAL HOME LOAN BANK 2.875% 14JUN2024 3135GAC90 0.250 07/15/2024 500,000.00 500,000.00 (7,428.97) 263.89 04/15/2024

0.78492,571.03500,000.00FANNIE MAE 0.25% 15JUL2024 (CALLABLE 15APR24) 3130AL2A1 0.500 02/10/2025 1,002,860.00 1,000,000.00 (39,569.35) 708.33 05/10/2024

1.56960,430.651,000,000.00FEDERAL HOME LOAN BANK 0.5% 10FEB2025 (CALLABLE 10MAY24)
3137EAEX3 0.375 09/23/2025 1,017,610.00 1,031,598.33 (1,045.06) 91.67 1.581,030,553.271,100,000.00FREDDIE MAC 0.375% 23SEP2025 3133ENP95 4.250 09/30/2025 1,151,759.50 1,150,882.20 (10,780.85) 24,437.50 1.791,140,101.351,150,000.00FEDERAL FARM CREDIT BANK 4.25% 30SEP2025 3133EPYK5 5.125 10/10/2025 1,101,749.00 1,101,386.10 3,619.20 26,778.13 1.711,105,005.301,100,000.00FEDERAL FARM CREDIT BANK 5.125% 10OCT2025 3133EPMB8 4.125 12/08/2025 1,484,865.00 1,489,648.95 (6,498.45) 19,421.88 2.301,483,150.501,500,000.00FEDERAL FARM CREDIT BANK 4.125% 08DEC2025 3133EPCF0 4.500 03/02/2026 1,120,416.00 1,113,467.94 (17,085.48) 3,987.50 1.741,096,382.461,100,000.00FEDERAL FARM CREDIT BANK 4.5% 02MAR2026 3133EPHH1 4.000 04/28/2026 906,378.30 904,467.20 (16,317.76) 15,300.00 1.41888,149.44900,000.00FEDERAL FARM CREDIT BANK 4% 28APR2026 3130AN4T4 0.875 06/12/2026 903,900.00 929,000.75 3,292.90 2,649.31 1.40932,293.651,000,000.00FEDERAL HOME LOAN BANK 0.875% 12JUN2026 3130AWLZ1 4.750 06/12/2026 1,146,607.50 1,147,305.06 6,325.98 16,539.24 1.781,153,631.041,150,000.00FEDERAL HOME LOAN BANK 4.75% 12JUN2026 10 ITEM 13.2.

ATTACHMENT 1

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SECURITIES HELD
As of March 31, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Agencies
3133EPNG6 4 .375 06/23/2026 1,000,360.00 1,000,266.93 (5,528.05) 11,909.72 1.55994,738.881,000,000.00FEDERAL FARM CREDIT BANK 4.375% 23JUN2026 3133ENV72 4.500 07/27/2026 998,761.20 999,230.23 (812.49) 8,000.00 1.55998,417.741,000,000.00FEDERAL FARM CREDIT BANK 4.5% 27JUL2026 3130APJH9 1.000 10/28/2026 1,178,866.00 1,217,465.23 (8,531.00) 5,525.00 04/28/2024

1.831,208,934.231,300,000.00FEDERAL HOME LOAN BANK 1% 28OCT2026 (CALLABLE 28APR24) #0006
3133EPK79 4.375 12/07/2026 1,245,867.50 1,246,313.54 474.66 17,317.71 1.931,246,788.201,250,000.00FEDERAL FARM CREDIT BANK 4.375% 07DEC2026 3130ATUS4 4.250 12/10/2027 1,206,438.70 1,204,932.87 (10,834.30) 15,725.00 1.871,194,098.571,200,000.00FEDERAL HOME LOAN BANK 4.25% 10DEC2027 3133EN5N6 4.000 01/06/2028 904,194.00 903,211.22 (14,504.00) 8,500.00 1.40888,707.22900,000.00FEDERAL FARM CREDIT BANK 4% 06JAN2028 3130ATS57 4.500 03/10/2028 1,014,989.00 1,011,818.09 (7,040.15) 2,625.00 1.581,004,777.941,000,000.00FEDERAL HOME LOAN BANK 4.5% 10MAR2028 3130AWC24 4.000 06/09/2028 999,822.81 999,850.63 (11,584.17) 12,444.44 1.55988,266.461,000,000.00FEDERAL HOME LOAN BANK 4% 09JUN2028 Total Government Agencies 20,766,258.79 20,787,886.16 20,634,977.14 (152,909.02) 32.23200,312.2920,985,000.00 Government Bonds
912828W71 2 .125 03/31/2024 1,019,143.98 1,000,000.00 0.00 10,625.00 1.581,000,000.001,000,000.00USA TREASURY 2.125% 31MAR2024 91282CCG4 0.250 06/15/2024 894,413.17 899,609.74 (9,049.19) 657.79 1.39890,560.55900,000.00USA TREASURY 0.25% 15JUN2024 912828YE4 1.250 08/31/2024 1,180,999.95 1,154,223.50 (23,259.14) 1,210.94 1.831,130,964.361,150,000.00USA TREASURY 1.25% 31AUG2024 11 ITEM 13.2.

ATTACHMENT 1

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SECURITIES HELD
As of March 31, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Bonds
912828YH7 1 .500 09/30/2024 929,077.23 904,755.26 (21,331.43) 6,750.00 1.44883,423.83900,000.00USA TREASURY 1.5% 30SEP2024 91282CFQ9 4.375 10/31/2024 988,675.23 993,864.55 1,031.28 18,269.23 1.53994,895.831,000,000.00USA TREASURY 4.375% 31OCT2024 91282CFX4 4.500 11/30/2024 693,494.53 696,001.68 635.04 10,500.00 1.08696,636.72700,000.00USA TREASURY 4.5% 30NOV2024 912828YY0 1.750 12/31/2024 1,041,253.35 1,009,414.66 (34,336.54) 4,375.00 1.62975,078.121,000,000.00USA TREASURY 1.75% 31DEC2024 91282CGU9 3.875 03/31/2025 984,143.98 991,082.52 (2,293.46) 19,375.00 1.53988,789.061,000,000.00USA TREASURY 3.875% 31MAR2025 9128284M9 2.875 04/30/2025 965,862.73 980,141.06 (2,289.50) 12,005.50 1.50977,851.561,000,000.00USA TREASURY 2.875% 30APR2025 912828XZ8 2.750 06/30/2025 1,059,999.78 1,075,549.46 (3,865.87) 7,562.50 1.651,071,683.591,100,000.00USA TREASURY 2.75% 30JUN2025 912828Y79 2.875 07/31/2025 964,534.60 977,598.38 (3,223.38) 4,739.01 1.50974,375.001,000,000.00USA TREASURY 2.875% 31JUL2025 91282CAJ0 0.250 08/31/2025 1,279,250.00 1,346,310.30 (33,482.17) 294.84 1.991,312,828.131,400,000.00USA TREASURY 0.25% 31AUG2025 9128285J5 3.000 10/31/2025 739,660.72 744,830.36 (15,074.50) 9,395.60 1.15729,755.86750,000.00USA TREASURY 3% 31OCT2025 9128285N6 2.875 11/30/2025 962,347.10 974,321.82 (4,204.63) 9,583.33 1.49970,117.191,000,000.00USA TREASURY 2.875% 30NOV2025 9128286F2 2.500 02/28/2026 713,645.09 719,160.09 1,425.85 1,579.48 1.11720,585.94750,000.00USA TREASURY 2.5% 28FEB2026 12 ITEM 13.2.

ATTACHMENT 1

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SECURITIES HELD
As of March 31, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Bonds
912828YD6 1 .375 08/31/2026 913,909.60 934,860.48 (6,227.67) 1,158.29 1.42928,632.811,000,000.00USA TREASURY 1.375% 31AUG2026 91282CCZ2 0.875 09/30/2026 899,612.73 923,494.51 (8,025.76) 4,375.00 1.40915,468.751,000,000.00USA TREASURY 0.875% 30SEP2026 91282CDK4 1.250 11/30/2026 906,487.73 927,656.12 (7,851.43) 4,166.67 1.41919,804.691,000,000.00USA TREASURY 1.25% 30NOV2026 91282CDQ1 1.250 12/31/2026 904,104.91 925,233.08 (6,873.70) 3,125.00 1.40918,359.381,000,000.00USA TREASURY 1.25% 31DEC2026 91282CEC1 1.875 02/28/2027 922,698.66 939,029.93 (8,209.62) 1,579.48 1.43930,820.311,000,000.00USA TREASURY 1.875% 28FEB2027 91282CET4 2.625 05/31/2027 1,031,253.68 1,042,034.47 774.12 9,625.00 1.601,042,808.591,100,000.00USA TREASURY 2.625% 31MAY2027 91282CEW7 3.250 06/30/2027 1,255,875.45 1,264,229.86 (8,307.98) 10,562.50 1.951,255,921.881,300,000.00USA TREASURY 3.25% 30JUN2027 91282CFB2 2.750 07/31/2027 563,791.07 567,163.73 2,883.14 2,719.78 0.88570,046.87600,000.00USA TREASURY 2.75% 31JUL2027 91282CFU0 4.125 10/31/2027 843,893.47 844,866.12 (1,241.12) 14,641.48 1.31843,625.00850,000.00USA TREASURY 4.125% 31OCT2027 91282CHX2 4.375 08/31/2028 2,105,010.94 2,104,892.71 4,869.01 7,739.47 3.272,109,761.722,100,000.00USA TREASURY 4.375% 31AUG2028 Total Government Bonds 24,763,139.68 24,940,324.39 24,752,795.74 (187,528.65) 38.43176,615.8925,600,000.00 Grand total 64,433,154.49 64,776,864.31 (476,787.03)66,108,079.04 100.00510,543.8764,300,077.28 13 ITEM 13.2.

ATTACHMENT 1

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MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 13.3.

DATE: June 3, 2024

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. 2024-61 IN AN AMOUNT NOT TO EXCEED
$1,875,000 WITH MCE CORPORATION FOR STORMWATER
FACILITY MAINTENANCE SERVICES THROUGH JUNE 30, 2029

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2024-61 with MCE Corporation in an amount not to exceed $1,875,000 for the provision of stormwater facility maintenance services through June 30, 2029.

BACKGROUND

The work conducted under this contract includes routine vegetation management, tree maintenance and removal, debris and obstruction removal, trash and litter cleanup, and miscellaneous repairs within City-maintained stormwater facilities, including but not limited to channels, outfalls, ditches, basins, levees, and all other facilities. This will be a five-year contract starting June 3, 2024, and expiring on June 30, 2029. Proposals were solicited on OpenGov, the City’s website, and CIPList.com on March 21, 2024. Two proposals were received on April 16, 2024. The submitted proposals were reviewed and determined to be complete and competitive. Of the two proposals, the evaluation committee determined MCE Corporation to have the best combination of experience and understanding of the City's desired level of service. MCE currently performs stormwater facility maintenance services under contract to the City and has an excellent performance record.

FISCAL IMPACT AND FUNDING SOURCE

Funding for the contract will be from the City’s Stormwater Utility Fee. There is no impact to the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-61

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ITEM 13.3. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-61 IN AN AMOUNT NOT TO EXCEED $1,875,000 WITH MCE CORPORATION FOR STORMWATER FACILITY MAINTENANCE SERVICES THROUGH JUNE 30, 2029

WHEREAS, the City solicited proposals for stormwater facility maintenance services under the requirements of State law and accepted proposals on April 16, 2024; and WHEREAS, the City received two proposals, and MCE Corporation was found to be the most qualified contractor; and
WHEREAS, adoption of this Resolution will allow the City Manager to execute a five-year contract through June 30, 2029, with MCE Corporation in an amount not to exceed $1,875,000; and
WHEREAS, the scope of work includes routine vegetation management, tree maintenance and removal, debris and obstruction removal, trash and litter cleanup, and miscellaneous repairs within City-maintained stormwater facilities, including but not limited to channels, outfalls, ditches, basins, levees, and all other facilities; and WHEREAS, the contract will be funded through the City’s Stormwater Utility Fee; and WHEREAS, the amount exceeds the maximum the City Manager has 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. 2024-61 in an amount not to exceed $1,875,000 with MCE Corporation 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 June 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

Page 68 of 1643 ends

CONTRACT NO.: 2024-61
General Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation Page 1 of 5

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND MCE CORPORATION (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 MCE Corporation, (herein “Contractor”), as of June 3, 2024.

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 June 30, 2029, unless the term of th is 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 Agreement, as provided for in Section 10.

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

Section 4. COMPENSATION OF CONTRACTOR. The Contractor shall be paid ONE MILLION EIGHT HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($1,875,000) for performance of the Services pursuant to this Agreement. The Contractor sh all 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 compensation 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 permits 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

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 ITEM 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
General Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation Page 2 of 5
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 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 ITEM 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
General Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation Page 3 of 5
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 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 entitled 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:

City: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ATTN: Finance Director
ITEM 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
General Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation Page 4 of 5
Contractor: MCE Corporation
P.O. Box 508
Concord, CA 94522
Attn: Jeff Core
Email Address (for Insurance Update Requests) [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.

ITEM 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
General Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation Page 5 of 5
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.

CITY OF RANCHO CORDOVA MCE CORPORATION
By: By:

Micah Runner, City Manager Jeff Core, President
Date:_______________________________ Date:______________________________ APPROVED AS TO FORM:

By:

Adam U. Lindgren, City Attorney
ATTEST:

By:

Stacy Leitner, CMC, City Clerk
ITEM 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
Consulting Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation – Exhibit A Page 1 of 1

EXHIBIT A

SCOPE OF WORK
Contractor will provide Stormwater Facility Maintenance Services to the City as specified in the following Request for Proposals (RFP), which is incorporated in and made part of this contract and shall survive all other terms and conditions under this contract.

Compensation for Chemical Treatment, High Weed Mowing, and Debris & Obstruction Removal services shall be paid based on the Cost Schedule unit costs provided in Contractor’s proposal submittal, also attached and made part of this contract. Unit cost pricing provided in the Contractor’s proposal submittal shall apply to all unit cost work covered under this contract for the full contract term.

Labor and equipment rates included in the Contractor’s proposal shall apply to all other work covered under this contract for the first full year of the contract. Hourly rates and equipment rates shall include all costs to supply the necessary labor costs, insurances, and equipment including, but not limited to, overhead and profit. Labor and vehicle rates may escalate annually based on San Francisco (ENR) Consumer Price Index (CPI), or 3%, whichever is less.

Contractor shall submit an annual Maintenance Schedule to the City at the beginning of each fiscal year of the contract specifying the anticipated maintenance activities planned each month. Contractor shall revise the Maintenance Schedule as needed to better align with City needs or arising priorities and notify City of any such revisions.

Contractor shall recommend a schedule for vegetation management at stormwater facilities to maintain vegetation heights according to the special provisions or at a schedule approved by the City.

All work performed by the Contractor under this contract shall be ordered by the City via a work order originated by City staff, and billing should appropriately reference the relevant work order number.

Contractor shall provide to the City inspection reports in a format approved by the City for all inspections performed at stormwater facilities.

Contractor shall document the completion of all applicable maintenance services by submitting “before” and “after” photographs of maintenance activities as specified by the City.

Contractor shall implement Integrated Pest Management (IPM) practices as much as possible to avoid any adverse impacts from using pesticides. Contractor will provide annual IPM training to all maintenance workers as needed.

ITEM 13.3.

ATTACHMENT 2

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Page | 1

CITY OF RANCHO CORDOVA

DEPARTMENT OF PUBLIC WORKS
Request for Proposals for:

Stormwater Facility Maintenance Services
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Release Date:

March 21, 2024
Proposals Due Online:

April 16, 2024, before 2:00 pm
ITEM 13.3.

ATTACHMENT 2

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Page | 2
Section 1 - Request for Proposal Overview

1.1. INTRODUCTION
The City of Rancho Cordova, Department of Public Works, is seeking the submission of proposals from qualified contractors for the provision of Stormwater Facility Maintenance Services ("Project"). Should a contract be executed as a result of this Request for Proposals (RFP), the Contractor will be expected to perform Stormwater Facility Maintenance Services comprised of routine vegetation management, tree maintenance and removal, debris and obstruction removal, trash and litter cleanup, and miscellaneous repairs within City-maintained stormwater facilities, including but not limited to channels, outfalls, ditches, basins, levees, and all other facilities.

This RFP contains all of the information and documents necessary to prepare and submit a responsive proposal. Proposers are cautioned to read all of the documentation provided and will be responsible for complying with all requirements identified herein. Any contract resulting from a selected Proposal shall have a five (5) year contract term starting July 1, 2024. The Contract may be extended by one contract term amendment of two (2) additional years.

This Project may be subject to compliance, monitoring, and enforcement by the California Department of Industrial Relations.

1.2. BACKGROUND
The City is home to more than 81,000 residents who have come to expect the highest quality public service after twenty years of Cityhood. The City is comprised of more than 35 square miles of land and is located in Sacramento County along the Highway 50 corridor, approximately 12 miles east of the California State Capitol.

The City’s Stormwater Program manages over 250 miles of drainage pipe, over 11,700 drainage structures, over 20 miles of open channels, and 6 pump stations.

1.3. PROPOSAL INFORMATION
Proposals shall be made only on forms provided in this RFP, as provided by the City. All cost figures shall be clearly indicated in the submitted Cost Proposal. The proposal shall include any other submittals and requirements identified in this RFP.

Any questions related to this RFP shall be directed to the Question & Answers section of the project posted on OpenGov. All questions must be submitted in OpenGov. Below is an overview of the key dates and information:

RFP Release Date: March 21, 2024
Deadline for Written
Questions/Clarifications:

April 4, 2024, 5:00pm
City's Responses to Written Questions: April 9, 2024, 5:00pm Proposals Due: April 16, 2024, 2:00pm
ITEM 13.3.

ATTACHMENT 2

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Page | 3

1.4. QUALIFICATION REQUIREMENTS
Any Proposer shall demonstrate minimum qualifications have been met. Minimum Qualifications include, but are not limited to:

Possession of a valid State of California General Engineering Contractor, Class A license, or Landscaping Contractor, C27 license, and good standing with the California Department of Consumer Affairs Contractors State License Board. A copy of the license shall be submitted with the Proposal.

1.5. PROPOSAL POSTPONEMENT AND AMENDMENT
The City reserves the right to revise or amend the specifications up to the time set for the submittal of proposals. Such revisions and amendments, if any, shall be announced by addendums to this solicitation. Copies of such addenda shall be made available for the project on OpenGov. Prospective Contractors are defined as those Contractors listed on the City's Request for Proposal list for this material/service or who have obtained this RFP document after the advertisement. If revisions and amendments require changes in quantities or prices proposed, or both, the date set for opening of proposals may be postponed as determined by the City and shall enable Contractors to revise their proposals.

1.6. SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost proposal may be requested of the single Contractor. A cost/price analysis and evaluation and/or audit may be performed on the cost proposal in order to determine if the price is fair and reasonable.

1.7. PROPOSAL WITHDRAWAL
After the proposals are opened, bids may not be withdrawn for ninety (90) calendar days. Prior to the date/time set for the proposal submittal, however, proposals may be modified or withdrawn by the Contractor's authorized representative that submitted online by un- submitting and modifying before re-submitting.

1.8. CONTRACTOR INVESTIGATION
Before submitting a proposal, each Proposer shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely.

If the Proposer enters into an agreement with the City as a result of its proposal submission, failure to have made such investigations and examinations will in no way relieve the Contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the Contractor for additional compensation.

1.9. AWARD
The City reserves the right to accept proposals on individual items listed, on group items, or the proposal as a whole; to reject any and all proposals; to waive any informality in the proposals; and to accept the Proposal that appears to be in the best interest of the City. The City intends to award all RFP items to a single Contractor.

ITEM 13.3.

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In determining and evaluating the most responsive and responsible proposal, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, the suitability of the service offered, and the reputation of the contractor in general use will also be considered with any other relevant factors. The Contract Manager shall have sole discretion in the determination of these matters. Please refer to the evaluation criteria for more information.

Notice of contract award, if a contract is awarded, will be made within ninety (90) days of the opening of proposals to the Contractor with the most qualified proposal, whose proposal complies with all the requirements in this RFP. The Contractor shall agree to sign, within ten (10) days of award, a contract as approved by the Rancho Cordova City Council. Reference the "Sample Contract" in Attachments.

1.10. PROTEST
Upon notification of the City’s notice of contract award, a Proposer shall have three (3) business days to protest the City’s decision to the Public Works Director. All protests shall clearly state in writing the basis for the protest and provide the evidence on which the protest is based upon. The Public Works Director shall respond to the protest within five (5) business days of receipt of the written protest, with a written determination regarding the matter.

The Proposer shall have three (3) business days to appeal the determination of the Public Works Director to the City’s Assistant City Manager, by submitting a written appeal. The Assistant City Manager shall issue written determination on the appeal within five (5) business days of receipt of a timely appeal. The Assistant City Manager’s decision on the matter shall be the final determination.

1.11. COMMENCEMENT OF WORK
Proposers acknowledge that the submittal of proposals does not constitute any acceptance of work by the City. Additionally, the receipt of award of contract to any Proposer shall not constitute any authority to enter upon sites for work and begin Stormwater Facility Maintenance Services. Work shall commence only upon formal execution of a contract between the City and Contractor, and a written notice to proceed from Contract Manager to Contractor.

The City seeks to make the selection of a Contractor and award a contract for Stormwater Facility Maintenance Services by June 3, 2024. Proposers acknowledge that they are prepared to execute a contract and begin prosecuting work on July 1, 2024. Any Proposer unable to meet this timeframe shall not be considered for award.

In the event the selected Contractor fails to adequately perform Stormwater Facility Maintenance Services to standards identified in this RFP, and as appended to the executed contract, the City reserves the right to adjust the scope of the contract and/or terminate the agreement. Additionally, the City reserves the right to enter into additional contracts for Stormwater Facility Maintenance Services should the selected Contractor not meet City standards.

1.12. TERM OF AGREEMENT
Any contract resulting from a submitted Proposal shall be a five (5) year contract starting July 1, ITEM 13.3.

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2024. The Contract may be extended by a contract term amendment of two (2) additional years.

Failure of the Contractor to diligently execute the work as defined herein will be considered as grounds for termination of the contract.

Failure to provide an adequate workforce to execute the scope of the contract shall be considered as grounds for termination of the contract.

The contract may be terminated by the City upon thirty (30) calendar days prior to written notice addressed to the last known address of the Contractor. In the event of such termination, the Contractor shall be paid for all work successfully completed up to the effective date of such termination.

1.13. PUBLIC RECORDS
All proposals and other materials submitted in response to this RFP shall become the property of the City. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process. Upon the completion of the evaluation of proposals, the proposals and associated materials will be open for review by the public to the extent allowed by the California Public Records Act, (California Government Code Section 6250 et. seq.).

By submitting a proposal, the Proposer acknowledges and accepts that the contents of the proposal and associated documents will become open to public inspection. If a vendor submits an entire proposal marked confidential, it will be considered non-responsive. Each Proposer should be aware that, although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City might not be in a position to establish which submitted information constitutes a trade secret. If a request is made for information marked “confidential”, the City will provide the Proposer who submitted such information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.

ITEM 13.3.

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Section 2 - Basis for Evaluation of Proposals
In order to receive consideration of selection, all proposals received must address all aspects of this RFP. Each item identified in Proposal Submittal shall be included in the proposal submittal.

The proposal submission implies the proposer’s acceptance of the evaluation criteria.

Before the award of a contract, the City may require proposers to provide an oral presentation of their proposal to a review panel for evaluation.

The City reserves the right to reject any and all bids, to waive any irregularities in any proposal, to sit and act as the sole judge of the merit and qualifications of services offered, and to accept the proposal which is deemed to be in the best interest of the City of Rancho Cordova. The City will award any agreement based on the most responsive and responsible proposal, which includes the most advantageous pricing, quality, and suitability of services for the City’s particular needs. Additionally, the City may, for any reason, determine not to award a contract as a result of this RFP.

The following criteria will be used to evaluate each response:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience, Operations Plan & Equipment
Quality/Age
Points Based 40
(40% of Total)

2. Cost Proposal Points Based 40
(40% of Total)

3. Ability to Meet City Requirements Points Based 10
(10% of Total)

4. Demonstration of Understanding of City
Desired Level of Service
Points Based 5
(5% of Total)

5. References Points Based 5
(5% of Total)
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Section 3 - General Provisions

3.1. INSURANCE REQUIREMENTS
Proposers acknowledge the City’s insurance requirements as detailed in Attachments to this RFP. Exceptions to City insurance requirements will not be made. Any Proposer unable to meet the insurance requirements at the time of the Proposals Due Date shall not be eligible for selection or award of contract.

The Contractor, upon being notified of being awarded the contract, shall have their Certificate of Insurance delivered to:

Attn: Veronica Seward-Aponte
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Contractor’s insurance shall comply with all insurance requirements as detailed in the Attachments. No goods or services shall be rendered by the Contractor until a valid Certificate of Insurance is on file with the City.

3.2. INDEMNITY
The Contractor indemnifies the City as stated in Section 6-2 of the Sacramento County Standard Construction Specifications.

3.3. PAYROLL RECORDS
The Contractor's attention is directed to Section 6-1.03, "Payroll Records," of the Standard Construction Specification. The Contractor shall comply with Labor Code Section 1776.

Regulations implementing Section 1776 are located in Section 16000 and Sections 16401 through 16403 of Title 8, California Code of Regulations. The Contractor shall be responsible for compliance by the Contractor's Subcontractors.

3.4. PREVAILING WAGE
Proposers acknowledge the Prevailing Wage Requirements as detailed in the Sample Contract.

Pursuant to Labor Code Section 1770, the Contractor and the Contractor's Subcontractors shall pay not less than the prevailing rate of per diem wages, including, but not limited to, overtime, Saturday, Sunday, and holiday work, travel, and subsistence, as determined by the Director of the California Department of Industrial Relations pursuant to Labor Code Section 1773.

3.5. PRESERVATION OF PROPERTY
Attention is directed to Section 6-21 “Preservation of Property” of the Sacramento County Standard Construction Specifications and these Special Provisions.

The Contractor shall take every precaution to protect all public and private property during the performance of this contract. Any damages caused by the Contractor’s personnel or equipment will promptly be repaired to the condition existing before the damage. If, in the opinion of the Contract Manager, repair is not possible, the damaged facilities will be replaced in kind and size. All costs for such repairs or replacements shall be the sole responsibility of the Contractor.

Damages to City facilities due to the Contractor’s lack of performance in accordance with these specifications are the Contractor’s responsibility.

ITEM 13.3.

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3.6. TRAFFIC MAINTENANCE
Provisions for public convenience and safety, construction area traffic control, and hours of work shall be in accordance with the Sacramento County Standard Construction Specifications. Specific requirements are provided in Sections 6-11, 6-12, 6-13, 6-14, 7-8, and 12 of the Sacramento County Standard Construction Specifications. The Contractor shall be responsible for public safety and traffic control within the Project limits and on the approaches to the Project.

Prior to performing any work that requires a lane closure, a Traffic Control Plan, prepared by the Contractor, shall be reviewed and approved by the City of Rancho Cordova. A traffic control plan (or plans) shall be submitted for review for any work requiring modifications of existing traffic patterns. The traffic control plan shall include provisions for vehicular, pedestrian, and bicycle access. Additionally, the traffic control plan shall address traffic signal operation for any work performed within 200 feet of a signalized intersection.

The local Fire Department, Sheriff/Police Department, California Highway Patrol, and Regional Transit (if applicable) shall be notified 24 hours in advance of major maintenance work impacting the public right of way.

Construction area signs shall conform to the requirements of Section 12-3.07 “Construction Signs” of the Sacramento County Standard Construction Specifications. Advisory (S1) signs shall be posted 10 days in advance of major maintenance work impacting the public right of way.

At least one lane of 10-foot minimum pavement width shall be maintained for each direction of travel during standard construction hours. Lane closure shall not be allowed without an approved traffic control plan, proper advance warning devices, signing and flag person control.

Unless otherwise approved by the City of Rancho Cordova, work shall not be permitted on weekends and holidays. Work shall be suspended and no activities that interfere with public traffic shall be conducted on Memorial Day, Independence Day, Labor Day or Veterans Day, during the four-day Thanksgiving weekend, and on December 21 through January 1 unless necessary for emergency storm response or approved by the City.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City, public traffic will be better served and the work will be expedited. These deviations shall not be adopted by the Contractor until the City has approved them in writing. All other modifications will be made by contract change order.

3.7. REGULATIONS AND CONDUCT OF WORK
The Contractor shall plan and conduct the work to comply with local, State, and Federal government agencies’ applicable rules, regulations, codes, and ordinances to adequately safeguard persons and property from injury. The Contractor shall direct the performance of the work in compliance with reasonable safety regulations and work practices, and with applicable federal, state, and local laws, rules and regulations including but not limited to “Occupational Safety and Health Standards” promulgated by the U.S. Secretary of Labor, and Safety Orders of the California Division of Industrial Safety.

3.8. PERSONNEL
All work shall be performed by qualified and trained personnel with a minimum of two (2) years ITEM 13.3.

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of experience in Stormwater Facility Maintenance Services work. Experience must include use of typical tools and operation of commonly used equipment. All workers shall be neat and orderly in appearance.

At least one staff member shall be certified in Storm Water Pollution Prevention within 12 months of the contract start date. All personnel shall receive annual training on storm water pollution prevention and best management practices for stormwater quality.

Identification
The Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a name tag or identification card.

Licenses
The Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver’s license issued by the State of California and have all applicable certifications and licenses.

3.9. CONDUCT
The Contractor’s employees, officers and representatives shall not identify themselves as being employees of the City of Rancho Cordova. Contractor employees shall conduct themselves in such a manner that reflects positively on the City. Drivers shall be courteous and conscientious when driving to, at and from work sites. The City retains the right to require a particular operator be removed from working on this contract at any time.

Safety Standards and Accident Prevention
The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable Laws and Regulations relating to the safety and protection of persons and property.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices listed in the Cost Schedule and no separate payment will be made therefore.

3.10. SUPERVISION
The Contractor shall provide a competent superintendent during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. The Contractor shall furnish the names of all such superintendents to the Contract Manager prior to the commencement of this contract and advise the Contract Manager of any changes.

3.11. DISMISSAL OF UNSATISFACTORY EMPLOYEES
Attention is directed to Section 7 of the Sacramento County Standard Construction Specifications. The Contractor shall only furnish workers who are competent and skilled for work under this contract. All personnel employed by the Contractor shall be required to provide certificates of an anti-harassment training completed within the last two years. If, in the opinion of the Public Works Director or Contract Manager, an employee of the Contractor is disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, does not meet safety requirements or is otherwise ITEM 13.3.

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unsatisfactory, that employee shall be removed from all work under this contract. The Contractor shall remove an unsatisfactory employee from contract sites immediately following notification.

Failure by the Contractor to remove an unsatisfactory employee from contract sites will result in withholding of payment. Failure by the Contractor to permanently replace an unsatisfactory employee will result in formal written warning (30-day notice) to the Contractor specifying that the employee must be replaced. Failure by the Contractor to replace an unsatisfactory employee within the 30-day time period will result in termination of this contract.

In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination; and the Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services.

3.12. PAYMENT
Attention is directed to Section 8 of the Sacramento County Standard Construction Specifications. The following shall be substituted with regard to invoicing procedure.

At the end of each month, the Contractor shall submit invoice(s) to the City for regular monthly maintenance work and emergency maintenance work requested and approved by the City. The City will pay the Contractor within thirty (30) calendar days of receipt of correct invoice. There will be no retention from the payments for normal maintenance work. A five (5) percent retention will be made on replacement/construction of pipe, catch basins, and other appurtenances. There will be no retention from payments for emergency work.

The Contractor’s routine maintenance invoice shall include; • Invoice Number
• Invoice Date
• City’s Contract Number
• Period Service Provided (Date from – Date to)
• A breakdown of each work order completed with a description of the work performed, quantity of the work performed, unit cost, and total cost for the work performed.

The Contractor’s emergency invoice shall include;
• Invoice Number
• Invoice Date
• City’s Contract Number
• Period Service Provided (Date from – Date to)
• A breakdown of each work order completed with a description of the work performed, job itemization giving employee(s)’ actual hours worked, equipment and material costs, and total cost for the work performed.

Billing shall be submitted to the following address:

City of Rancho Cordova
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670
ATTN: Dalia Fadl
ITEM 13.3.

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3.13. WITHHOLDING OF PAYMENT
For work deemed by the Contract Manager as not meeting the requirements of the specifications, the City shall withhold monthly payments or percentages thereof for work not completed, or until work is completed as per contract specifications. The City shall withhold monthly payments or percentages thereof for work that is not completed on schedule.

To provide funds to cover the cost of any City of Rancho Cordova facilities or materials damaged by the Contractor, the City shall withhold monthly payments until the damages are repaired. In the event repairs are not made, the City shall withhold monthly maintenance payments to fund the necessary repairs. The Contractor shall be responsible for any expenses associated with repair of damages to City facilities or materials due to the Contractor’s failure to perform the services in accordance with these specifications. The repairs shall meet the approval of the Contract Manager.

3.14. FAILURE TO PERFORM
If the Contractor, or his representative, fails to perform in accordance with the terms and conditions of this contract, the Contract Manager will specify the reasons and locations as applicable by written correspondence. Failure by the Contractor to correct any deficiencies within one (1) calendar week of notification by Contract Manager may result in withholding of payment. Failure by the Contractor to correct any deficiencies within two (2) calendar weeks or more may result in formal written warning (30-day notice) to the Contractor specifying that such deficiencies must be corrected. Failure by the Contractor to correct such deficiencies within the 30-day specified time period may result in termination of this contract.

In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination. Any damages to property caused by the Contractor’s inability to meet specification shall be recovered by withholding payments. The Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services and damages to City facilities or plant materials.

3.15. INSPECTION
The Contractor may receive an inspection report from the Contract Manager. This form will indicate any deficiencies in the work performance of the Contractor. The Contract Manager will inform the Contractor of urgent deficiencies for immediate attention or repairs. Inspection by City staff will occur the following day the Contractor has serviced the areas.

Lack of inspections by City staff does not relieve the Contractor of his/her obligations to provide services as required by these specifications. Lack of receipt of inspection reports does not relieve the Contractor of his/her obligations to provide services as required by these specifications. Schedules as required by these specifications shall be submitted and used as a guide for City Staff Inspection schedules. Inspection will be scheduled to occur the following day the Contractor has serviced the area(s).

3.16. TERMINATION
Any contract resulting from this RFP may be canceled by the City upon thirty (30) calendar days advance notice in writing at the City’s sole discretion. The Contractor may cancel this agreement upon ninety (90) calendar days advance notice in writing to the City.

ITEM 13.3.

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3.17. SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 12-1.09 B, “Noise” of the Sacramento County Standard Construction Specifications.

The noise level from the Contractor’s operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 15 m (50 feet). Said noise level requirement shall apply to all equipment on the work or related to the work, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

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

3.18. COOPERATION
The Contractor’s attention is directed to Section 5-5, “Cooperation with Other Entities,” of the Sacramento County Standard Construction Specifications. The Contractor shall notify United Service Alert (USA) prior to commencing any excavation: Underground Service Alert (USA) – 811.

3.19. EXISTING UTILITIES
Attention is directed to Section 6-16 “Existing Utilities” of the Sacramento County Standard Construction Specifications and these Special Provisions.

The toll-free number for Underground Service Alert (U.S.A.) is (800) 642-2444. The Contractor is required to call this number two working days (48 hours) in advance of performing excavation work.

The Contractor shall take adequate measures to ensure that their operations do not harm any existing underground facilities not specifically mentioned or shown on the plans.

3.20. PUBLIC CONVENIENCE
Public convenience shall conform to the provisions in Section 7-1.08, "Public Convenience", of the Sacramento County Standard Construction Specifications. The Contractor shall limit operations to weekdays between the hours of 7:00 A.M. to 6:00 P.M., unless otherwise approved by the Contract Manager.

No work will commence before 8:30 A.M. or after 3:30 P.M. on the City’s main arterial and collector streets without prior written approval by the Contract Manager.

Temporary closure of driveways may be allowed subject to the advance written approval of the affected property owners and the Contract Manager. Prior to closure of a driveway, the Contractor shall coordinate and notify the property owner at least twice of such closure. The Contractor shall deliver closure notices to residents and operators of commercial properties seventy-two (72) hours prior to each closure, (twenty-four (24) hour notice for emergency repairs if feasible).

It is the Contractor's responsibility to provide and accommodate all residents, operators of commercial properties and property owners’ specific needs for driveway and pedestrian access at all times.

ITEM 13.3.

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Full compensation for conforming to the provisions of this Section shall be considered as included in the prices listed in the Cost Schedule and no additional compensation will be allowed therefore.

3.21. OBSTRUCTIONS
Attention is directed to Section 8-1.10 "Utility and Nonhighway Facilities" and Section 15 "Existing Highway Facilities" of the Sacramento County Standard Construction Specifications.

Attention is directed to the presence of overhead and underground utilities located in the construction sites and work areas. The Contractor shall exercise due caution in performing work so as not to damage the utilities. The work specified shall be so conducted by the Contractor as to permit the utility companies to maintain their services without interruption. Utilities which are to remain in place shall be worked around and protected from damage or interruption of service. The Contractor shall coordinate his work with the utility companies where utilities are to be relocated or set to grade.

Construction area signs shall be furnished, installed, maintained, and removed when no longer required by the Contractor following the provisions in Section 12, “Safety, Public Convenience, and Traffic Control,” of the Sacramento County Standard Construction Specifications.

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

3.22. MOBILIZATION
Mobilization shall be in accordance with Paragraph 11-1.01 "Description" of Section 11 "Mobilization" of the Sacramento County Standard Construction Specifications.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.

3.23. WORK ORDER
Requests for maintenance are made via a Work Order (WO). WO’s are originated by City staff during regular City business hours in response to observed or reported maintenance deficiencies. Delivery of the written WO’s will be via e-mail and be made directly to the Contractor or designated supervisor.

Requests for service after working hours, on weekends, and on holidays will be forwarded from the City’s Emergency On-Call representative to the Contractor by phone. A written WO will be generated on the next regular business day and sent via email.

3.24. STANDARD CONSTRUCTION SPECIFICATIONS
The County of Sacramento, Municipal Services Agency, Standard Construction Specifications, adopted January 2016 and all revisions pertaining thereto, and these Special Provisions shall control all work to be done under this contract. All work not mentioned in these Special Provisions shall be performed in accordance with the Standard Construction Specifications. A copy of the Standard Construction Specifications may be obtained at the Cashier’s window, County Administration Building, 827 Seventh Street, Room 105, Sacramento, CA 95814.

ITEM 13.3.

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3.25. STATE SPECIFICATIONS AND STATE STANDARD PLANS
State Specifications and State Standard Plans, when referred to, shall be the 2023 issue.

Copies of the State Specifications and State Standard Plans may be obtained from the State of California, Department of Transportation, Publications Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815; telephone (916) 263-0822.

3.26. PRECEDENCE
In the event of a conflict between the Sacramento County Standard Construction Specifications and the State Specifications/Standard Plans, the Sacramento County Standard Constructions Specifications shall govern. These Special Provisions shall govern over both the Standard Construction Specifications and State Specifications/Standard Plans in the event of a conflict.

3.27. CODES AND LEGAL REQUIREMENTS
A. All reference to codes, specifications, and standards in the contract documents shall mean, and are intended to be, the latest editions, amendments, and/or revisions of such reference documents in effect, as of the date of this contract.

B. Authorities shall apply the minimum work requirements available to any work done for this project. Nothing described in these contract documents shall be construed to permit work not conforming to the most stringent of applicable codes and regulations.

C. When contract documents call for materials or construction of better quality or larger size than required by applicable codes, laws, rules or regulations, the contract documents shall take precedence.

3.28. GUARANTEE
Excepting only items of routine maintenance, ordinary wear and unusual abuse or neglect, the Contractor shall guarantee all work executed by the Contractor and Subcontractors, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to the City as a part of the work pursuant to the Contract, to be free of all defects of workmanship and materials for a period of one year after acceptance of work under each Work Order issued as a part of the Contract by the City. The Contractor shall repair or replace any or all such work or material, together with all or any other work or material which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one (1) year guarantee period without expense or charge of any nature whatsoever to the City.

In the event that the Contractor shall fail to comply with the conditions of the foregoing guarantee within ten (10) working days after being notified of the defect in writing, the City shall have the right, but shall not be obligated to repair, or obtain the repair of, the defect and the Contractor shall pay to the City on demand all costs and expense of such repair.

Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the health or safety, or any property interest, or any person, the City shall have the right to immediately repair, or cause to be repaired, such defect, and the Contractor shall pay to the City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include either temporary or ITEM 13.3.

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permanent repairs, which may be required as determined in the sole discretion and judgment of the City.

3.29. EROSION, SEDIMENT AND WATER POLLUTION CONTROL
The Contractor’s attention is directed to Section 10-4, "Erosion, Sediment, and Water Pollution Control," of the Sacramento County Standard Construction Specifications, and these Special Provisions.

The Contractor shall minimize erosion, discharge of pollutants, and transport of sediments during all aspects of work. Erosion and sediment control shall conform to the requirements of Sacramento County's "Erosion and Sediment Control Guidelines". That document is available, for a fee, from the Water Resources Division, County of Sacramento.

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

The Contractor shall provide dust control at all times including Saturdays, Sundays, and holidays. Whenever the Contractor shall appear negligent in controlling dust, the Contract Manager may direct attention to the existence of a dust hazard and instruct the Contractor to immediately alleviate the dust hazard.

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

3.31. QUANTITIES
The quantities shown in this RFP are given to provide proposers with an indication of potential work and the order of magnitude and scope of work. The actual amount of work done under this contract may differ from the quantities shown. The City does not expressly or by implication agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as directed by the Contract Manager.

3.32. ORDER OF WORK
Order of work shall conform to the provisions in Section 5 “Control of Work and Materials” of the Sacramento County Standard Construction Specifications and these Special Provisions. The receipt of notice that the Contractor has been awarded a contract shall not constitute authority for the Contractor to enter upon the sites of work and begin maintenance operations.

3.33. LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) ITEM 13.3.

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Your attention is called to the "Nondiscrimination Clause", set forth in Section 7 1.02I(2), "Nondiscrimination," of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

3.34. CITY OWNED OR MAINTAINED PROPERTY
Except as otherwise instructed, all work done under this contract shall be conducted within the limits of existing public rights of way, drainage easements, and/or City owned or maintained property/ facility.

ITEM 13.3.

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Section 4 - Special Provisions

4.1. WORK GUIDANCE
All work to be done by any Proposer selected to perform the work outlined in this RFP shall be guided by the County of Sacramento, Municipal Services Agency Standard Construction Specifications, adopted January 2016, and this RFP. Copies of the Standard Construction Specifications may be obtained from the Municipal Services Agency, Land Division, and Site Improvement Review, located in the County Administration Building, 827 Seventh Street, Room 105, Sacramento, California, 95814.

A preliminary copy of the City’s contract for Stormwater Facility Maintenance Services is included as "Sample Contract" in the Attachments section of this RFP. The contract shall bind the selected proposer to perform work in accordance with this RFP.

4.2. DESCRIPTION OF WORK STANDARDS
All Proposers accept and confirm by submission of a signed proposal in response to this RFP, that work to be performed by the selected Contractor is comprised of Stormwater Facility Maintenance Services comprised of routine vegetation management, tree maintenance and removal, debris and obstruction removal, trash and litter cleanup, and miscellaneous repairs within City-maintained stormwater facilities, including but not limited to channels, outfalls, ditches, basins, levees, and all other facilities as further designated in this RFP.

The City requires the selected Proposer to meet the following minimum standards:

Workmanship: All materials and workmanship shall be of a quality that is equal or superior to any similar work considered by contractors to be best practice. All work completed by the selected Contractor shall be subject to inspection prior to payment being authorized. All work shall be conducted in a manner that least interferes with operation and public usage of streets and sidewalks. Repairs to stormwater facilities shall be subject to a one-year warranty period as outlined in the Guarantee section within the General Provisions of this RFP.

Safety: All services, supplies and equipment must comply with the California Safety Division of Industrial Safety Orders and O.S.H.A. The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Regulations. The Contractor’s employees shall wear O.S.H.A. approved safety and personal protective equipment at all times during contract work.

Hazards and Vandalism: Any hazards or acts of vandalism shall be reported immediately to the Contract Manager and then followed up with in writing. Hazards shall be remedied by the Contractor after approval is obtained from the Contract Manager. Hazards which create life-threatening situations or potential for bodily harm shall be remedied immediately by the Contractor.

City Policy: The selected Contractor shall be aware of, and shall comply with, the City ordinances governing stormwater facility vegetation control and traffic control regulations during work, as applicable to all locations being maintained.

Equipment: The selected Contractor must furnish all tools and equipment needed to provide a high level of workmanship, to ensure continuous and safe operation, and to ITEM 13.3.

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complete work in accordance with the current County of Sacramento Standard Construction Specifications. The City may require demonstration of equipment during the selection process of this RFP.

4.3. WORK LOCATION/SITE CHANGES
Proposers acknowledge that the City reserves the right to add, delete, or change locations under resulting contract for work, and may do so upon written notification to the Contractor.

Any changes in contract scope of work that result in an increase or reduction in cost shall be adjusted based on negotiation between the City and the Contractor. The City expects cost negotiations to be guided by the Cost Proposal submitted by the Contractor.

4.4. SUBCONTRACTORS
Proposers requiring the provision of additional services from subcontractors acknowledge that all proposed subcontractors shall adhere to the same standards of work as described in this RFP. Proposers further acknowledge that the selected Contractor shall be required to perform, with the Contractor’s own organization and employees, not less than fifty percent (50%) of the value of all work conducted under executed contract.

Any Proposer submitting proposals for work that include the use of subcontractors shall additionally submit a filled-out Designation of Subcontractors form in the Proposal Submittal section of this RFP.

4.5. UNSUITABLE MATERIAL EXCAVATION AND BACKFILL
Unsuitable material excavation and backfill shall conform to the provisions in Section 18-5 of the Sacramento County Standard Construction Specifications and as specified herein.

Payment for Unsuitable Material Excavation and Backfill shall be made per cubic yard of material removed and replaced, as measured in the field. No separate payment will be made for acquisition of any required permits or disposal of surplus material.

4.6. PENALTIES FOR NOT MEETING TERMS
Any of the following is considered cause for penalties:
• Missing scheduled working days without providing proper notice to the City (excluding inclement weather). Proper notice is defined as reasonable, advanced, and timely, but in no case shall be less than 24 hours.
• Work found to be unsatisfactory by the City which requires the Contractor to be called back to complete the work or fix the issue.
• Not submitting reports as specified in these specifications or not containing accurate or all required information.
• Not responding to emergency callouts in a timely manner (as specified).

The City will withhold partial payment (50%) for inadequate service until the issue is resolved or corrected.

If the Contractor violates the same specification three or more times, the City shall have the right to withhold payment of up to two times the cost of service which was scheduled for the day that each violation occured. The penalty amount shall be determined by the Contract Manager or their designee.

ITEM 13.3.

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4.7. SCOPE OF SERVICES
This scope of services describes the Stormwater Facility Maintenance Services to be performed by the contractor:

1. Stormwater Facility Maintenance
a. Cut, mow, remove and/or spray weeds, grasses, shrubs, and woody growth in stormwater facilities, including levees, detention basins, lined and unlined open channels, ditches, outfalls and maintenance access roads. b. Cut, trim, or remove the lower branches of large trees. c. Cut, trim, or remove downed trees, and dead or new trees that are in clear danger of falling in or across a channel that will significantly reduce channel capacity, accelerate erosion, or otherwise cause an emergency at any time. d. Remove non-native vegetation.
e. Remove all debris, trash, rubbish, beaver dams, flood-deposited woody and herbaceous vegetation which are in clear danger of falling in or across a channel, branches, and associated debris that substantially obstruct (or could obstruct) water flow, reduce channel capacity, accelerate erosion, damage concrete box culverts, metal culverts, bridge structures, or cause pump damage. f. As needed, exterminate nuisance burrowing rodents on the levees through fumigation.
g. Grout burrows in levees, channels and basin banks as necessary. h. Replace ground cover in areas specified by the City. i. All debris, trash, rubbish, and removed vegetation shall be hauled away.

2. General Maintenance
a. Repair or install fencing and gates at stormwater facilities. b. Replace or install markers on storm drain inlets.
c. Remove or install storm drain inlet filters or bags to prevent stormwater pollution as needed.
d. Implement erosion and sediment control measures/best management practices (BMPs) to prevent stormwater pollution from or at stormwater facilities. e. Install or remove signage on fencing or posts at stormwater facilities. f. Paint over graffiti within stormwater facilities.
g. Remove trash, debris and illegally dumped material from stormwater facilities. h. Regularly inspect stormwater facilities and report issues to the City. i. Transport equipment and materials to stormwater facilities, including pump stations, as requested by the City.
j. Other maintenance as requested by the City.

3. Coordination with City and Other Agencies, Contractors* a. Attend meetings with the City to develop maintenance schedules for stormwater facilities.
b. Work with the City to prepare any required documentation and data needed for communication with and reporting to outside agencies, including the California Department of Fish and Wildlife, U.S. Army Corps of Engineers, and State and Regional Water Quality Control Boards.
c. Track and document maintenance work performed as directed by the City for asset management and reporting purposes.

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d. Coordinate with other City maintenance contractors and partners as needed. e. Coordinate and manage a regular maintenance schedule for City-maintained channels, outfalls, ditches, basins, and levees.
f. Report to City staff on maintenance operations and expenses on a monthly basis. g. Comply with all applicable and existing Federal, State and local laws, regulations, policies, rules and permits.
h. Follow communication protocols with City staff, contractors, and vendors. *Contractor to provide this service without direct payment. Payment for this service shall be included in the base bid amount accounted for in the unit prices shown on the bid form.

4.8. VEGETATION MANAGEMENT
The Contractor shall use hand and mechanical tools to cut, mow, and remove grasses, shrubs, and woody growth to maintain the designed capacity of stormwater facilities and control vegetation growth. The Contractor may mulch cut weeds and grasses and leave onsite at the stormwater facility unless otherwise specified by the City. The Contractor shall cut, trim, or remove the lower branches of large trees to facilitate site inspections and maintain channel capacity. The Contractor shall remove non-native vegetation (e.g., giant reed (a.k.a. “false bamboo”), Chinese tallow, red sesbania, Spanish bloom, Tree-of-heaven, black locust, tree tobacco, castor bean, pampas grass, eucalyptus, tamarisk, water hyacinth, ludwigia, acacia, parrotfeather, giant Asian dodder, water primrose, water lettuce, and ivy) to maintain channel capacity and improve native habitat.

Contractor shall perform the maintenance work at a time and in a manner that minimizes adverse impacts to fish and wildlife resources and provides for the protection and continuance of those resources. Contractor shall conform to all California Department of Fish and Wildlife requirements when working in or near jurisdictional waters.

Contractor shall cease maintenance activities and begin removal of debris, trash, rubbish, beaver dams, flood-deposited woody and herbaceous vegetation as necessary to avoid imminent flooding or damage to structures and facilities before storm events.

Tree Trimming and Removal
The Contractor shall cut, trim, or remove downed trees, and dead or new trees (less than 4- inches dbh) that are in clear danger of falling in or across a channel that will significantly reduce channel capacity, accelerate erosion, or otherwise cause an emergency at any time. The City representative shall determine if a tree needs to be cut, trimmed or removed from a stormwater facility. The Contractor shall provide all materials, equipment and labor necessary to complete the work.

All major tree trimming and tree removal work associated with the Project shall be performed (or directed and supervised) by an arborist certified by the International Society of Arboriculture (I.S.A.). Tree trimming shall be limited to tree limbs required to be removed to allow for Project activities, minimum required vehicular clearance, and tree root cutting required for earthwork and trenching.

A certified arborist shall perform (or direct and supervise onsite) all necessary root and limb pruning of oak trees. All roots 6 inches in diameter or greater shall be cut cleanly and sealed by or under the direction and supervision of the arborist. No limb pruning shall occur unless absolutely necessary to avoid limb damage. Routine maintenance work, such as high weed ITEM 13.3.

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mowing, within oak tree driplines should be performed in a manner that avoids negative impacts to tree root zones.

The Contractor shall submit to the City, in writing, the name of the International Society of Arboriculture (ISA) certified arborist, a minimum of four (4) working days prior to the start of tree trimming or removal work.

4.9. CHEMICAL SPRAYING
The Contractor’s attention is directed to Section 6-1, "Compliance with Laws and Regulations" of the Sacramento County Standard Construction Specifications, and these Special Provisions.

The Contractor must comply with all local, state and federal rules and regulations that govern the use of pesticides required in the performance of the work, including any certifications that are required for purchase, use, storage or application.

Herbicides shall be applied as needed in advance of planting to eliminate weeds and deplete the weed seed bank in the soil. Contractor shall determine the type and timing of herbicide applications so as to prevent herbicide persistence in the soil and any adverse effect on germination of native grass seedlings.

The City will pay for chemicals (i.e. herbicides and pesticides) to be used by the Contractor. The Contractor shall furnish all other materials, labor, equipment, tools to complete the work in conformance with the City's Integrated Pest Management Policy (IPM).

4.10. INTEGRATED PEST MANAGEMENT (IPM)
The Contractor shall conform with the City’s Integrated Pest Management (IPM) Policy, including:

1. Participate in educational and training opportunities for the IPM program, practices, and policy.

2. Implement the IPM Policy on all City facilities, City-owned landscaped areas, and right-of-way and maintain records on and report the types and amounts of pesticides used, as well as IPM methods considered and used to prevent and control pests.

3. Identify, evaluate, and minimize or eliminate conditions that encourage pest problems.

4. Efficiently manage the use of pesticides.

5. Consider a range of activities that may assist in reducing reliance on pesticides that adversely impact water quality.

6. Consider taking a “no-action” approach in addressing certain pest control issues.

7. Review and consider available non-chemical options before using a chemical pesticide.

8. Utilize IPM principles to monitor and assess pest issues.

9. Maintain records on IPM methods considered and used to prevent and control pests.

10. Comply with all applicable local, State of California (State), and federal regulations, including pesticide use and reporting.

11. Conduct decision-making based on the best available science and data.

12. Use a combination of biological, cultural, structural, physical/mechanical and chemical management tools.

ITEM 13.3.

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4.11. DEBRIS AND OBSTRUCTION REMOVAL
The Contractor shall remove all debris, trash, rubbish, beaver dams, flood-deposited woody and herbaceous vegetation which are in clear danger of falling in or across a channel, branches, and associated debris that substantially obstruct (or could obstruct) water flow, reduce channel capacity, accelerate erosion, damage concrete box culverts, metal culverts, bridge structures, or cause pump damage.

4.12. DITCH CLEANING AND REGRADING
The City shall specify either ditch cleaning or re-grading of a ditch. Ditch cleaning consists of removing vegetation, debris and silt build-up. This type of work will not require any design and will most likely involve a backhoe and dump truck.

Prior to regrading a ditch, the contractor shall perform a preliminary survey and produce a rough design to grade the ditch. This design does not require a registered engineer or surveyor.

Ditch design shall include establishing an arbitrary control elevation within the street or fixed public infrastructure such as pavement, sidewalk, curb, culvert or inlet. The contractor should mark the reference point.

The design shall include the existing upstream elevation(s), downstream elevation(s), and all fixed elevations such as roadside culverts, inlet and/or outlet structures, and concrete gutter flow lines. The final plan may be hand-drawn or computer drafted showing the final flow-line and typical x-section. The plan will show planned grade breaks and % grade of the flow line. Any major erosion issues should be addressed on the plan with rip-rap, straw-matting or other storm water best management practices.

Regrading ditches will require the contractor to establish a flow line and design a ditch. Prior to establishing the flow line, the contractor’s ditch design shall receive approval from the City in advance for ditches over 300 feet or where the contractor requests replacing or re-setting an existing driveway culvert. For ditch re-grading, where possible, the contractor will spread the spoils on-site. Deleterious materials from a ditch must be disposed of properly. Small quantities of non-deleterious material may be dumped at exact areas designated by the City for dumping.

4.13. LEVEE VEGETATION MANAGEMENT AND MAINTENANCE
Sequence of work for Levee Vegetation Management and Maintenance activities shall be as follows:
• Contractor performs Routine Vegetation Control on the levees; • City performs inspection to identify needed repairs, areas to be re-vegetated and active/inactive burrows;
• City issues work orders to perform work delineated in the reports; • Contractor exterminates burrowing animals at active burrows; once inactive contractor fills burrows;
• Contractor completes repairs and re-vegetation of areas; and • Contractor performs Routine Vegetation Control to maintain vegetation heights between 4-10 inches.

4.14. ROUTINE VEGETATION CONTROL ON LEVEES
The Contractor shall cut, mow, and remove grasses, weeds, shrubs, trees, bushes, gardens and ITEM 13.3.

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woody along levee slopes to maintain its integrity. The Contractor shall cut, trim, or remove the vegetation growing from residential and commercial developments along the levees. The Contractor shall remove vegetation placed on levee by neighboring landowners.

Vegetation control on levees shall be perform biannually during the spring/early summer and summer/early fall. Vegetation control on levees shall be performed as needed when grass heights exceed 10 inches, as requested by the City and delineated in the inspection report.

Contractor shall schedule the activities in advance with the City. The contractor shall use hand and mechanical tools to control vegetation as described above. All debris, trash, rubbish and removed vegetation shall be hauled away.

Contractor shall perform the maintenance work at a time and in a manner that minimizes adverse impacts to fish and wildlife resources and provides for the protection and continuance of those resources.

4.15. EXTERMINATION OF BURROWING ANIMALS
At a frequency deemed necessary by the City, nuisance burrowing rodents (defined as gophers, voles, mice, and ground squirrels) on the levees must be controlled by Carbon Monoxide fumigation. Fumigation must be conducted during the spring (February 1 –May 31) and must be applied by a certified and experienced applicator with the appropriate pesticide and CDFW permits. Prior to application, Contractor must follow all applicable state fumigation regulations, including but not limited to the posting of appropriate signage and preparation of a fumigation management Plan for burrowing rodents.

No less than 2 days prior to fumigations, tall grasses and weeds must be mowed or weedeaten to a height of four (4) inches to locate obscured burrows. The burrow must not be disturbed the day of application to avoid pre-mature temporary abandonment of the burrow.

No less than 24 hours prior to fumigation, each burrow must be inspected by qualified staff to confirm the burrow is only occupied by the target nuisance rodent species. River otters, badgers, burrowing owls, bank swallow and other non-rodent species must not killed by fumigation efforts or targeted for lethal control. Burrows identified as being occupied by a species other than the targeted nuisance rodent must be flagged and avoided. Fumigation must not be applied within 40 feet of a flagged burrow.

Contractor must follow all label rates and application methods. At a minimum, at the time of carbon monoxide application all burrow entrances must be completely blocked to prevent the escapement of fumigant or target species. Following fumigation, all fumigated burrows must be grouted as specified.

The City will determine the need to control larger mammals such as beaver, muskrat, coyote, or fox on a periodic basis. Should the city deem control of larger mammals such as control of beaver, muskrat, coyote, or fox, the contractor must acquire and adhere to the requisite permits from the CDFW.

4.16. BURROW GROUTING
The Contractor shall grout fill burrows as directed by the City and the levee inspection report.

Contractor shall carefully exposed the burrow and pump grout at low pressures to avoid damaging the embankment. Lower burrows shall be grouted first proceeding up the levee slope. The grout mix shall be made up of 9 parts cement, 1 part bentonite, and water added to achieve 8 to 10 inches of slump. Burrow holes required 1.5 to 3 cubic feet of grout to fill.

ITEM 13.3.

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Burrow grouting shall be perform bi-annually during the spring/early summer and summer/early fall. Burrow grouting shall be perform after the routine vegetation management is completed and the inspection report identifying the burrows have been provided. Burrows must be vacated before repairs can begin. Contractor shall backfill burrow entrance with cohesive soil and trim to slope profile.

4.17. GROUND COVER REPLACEMENT
Ground cover replacement shall consist of seeding. Contractor shall replace ground cover in areas delineated by the City and as specified in the levee inspection reports.

Seeding areas shall be prepared by method of disking or other tillage as necessary to prepare a suitable seedbed. A suitable seedbed is defined as a vegetation- and thatch-free soil surface that has been cultivated/prepared to provide a uniform (i.e., non-undulating) surface that does not have ridges or depressions with greater than 3-inches offset from the overall surface plane.

The soil surface shall be disked and tilled to a minimum depth of 6-inches, with dirt clods pulverized to a maximum of 2-inches diameter.

All areas to be seeded, and confirmed with the City, shall receive pre-seeding weed management on an as needed basis, depending on site conditions. The purpose, methods, and timing of weed management treatments shall be to prevent dispersal of weed seed by killing weeds before flowering or viable seed has developed. Weed management treatments shall be limited to mowing, disking, burn down contact herbicides, or systemic herbicides with no residual soil activity. The Contractor shall confirm with the City the most effective treatment to be used to eliminate weeds in a target area. Post-treatment conditions will be evaluated by the Owner. If post-treatment conditions do not demonstrate near total weed kill of targeted species or effectiveness to the satisfaction of the City, the Contractor shall assume full responsibility for corrective actions to resolve deficiencies.

All contractor performed seeding shall be completed between October 15th and November 15th. Seeding after November 15 requires prior approval of the City and may require adjustment to seeding process. The seeding operation shall be halted when, in the opinion of the City, conditions of high winds, excessive moisture, or other factors are not conducive to satisfactory results. After seed has been applied, straw shall be applied evenly to a maximum depth of 2-inches at a rate of 1.0 ton/acre. Straw shall be secured in place with a tackifier. All ties from the straw bales and other debris from the seeding and mulching operations are to be removed from the construction site by the Contractor, in accordance with State and local regulations.

Seeding in selected areas shall be done by using a native grass seed drill or broadcast seeding.

Seed applied using broadcast seeding equipment shall be worked into the soil to a depth not to exceed 0.5 inches.

The following seed mix shall be applied to selected areas. There shall be no substitutions of seed species or variety as shown in the mix table unless approved by the City. Seed shall be provided by the Contractor and shall be grown within the Central Valley and surrounding foothills from seed collected from Sacramento, Sutter, Colusa, Yolo, Butte, El Dorado, Placer, Nevada, and Yuba County sources, and shall adhere to PLS lbs/acre for the mix. Seed may be grown outside the Central Valley only with prior approval from the City. Seed shall be pre- mixed by the supplier before shipment to the project site. Seed mix shall not contain noxious weed seed or mold. Seeding rates in the table assumes drill seeding or broadcast seeding. The ITEM 13.3.

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City may at any time, request, test, and analyze seed materials including the seed mix and mulch to ensure their conformance to these Specifications.

Native Grass Seed Mix
Species Name Common Name *PLS (Pounds per Acre)
Agrostis exarata bentgrass 0.1
Elymus glaucus blue wildrye 3
Elymus trachycaulus slender wheatgrass 3
Hordeum brachyantherum meadow barley 4
Leymus triticoides creeping wildrye 4
Melica californica California melic 2
Nassella pulchra purple needlegrass 4
Poa secunda ssp secunda Pine bluegrass 0.9
TOTAL FOR MIX 21
*1 PLS = “Pure Live Seed” which is the percent of viable seed germination in a bulk pound per seed. Certified PLS ratings are provided by the seed supplier or seed grower.

Ground cover replacement will be paid for at the contract unit price per acre such price will constitute full compensation for furnishing all materials, labor, equipment, tools, and incidentals. Areas damaged or disturbed by Contractor, which were not required for execution of the Contract work, shall be replaced at the expense of the Contractor. Ground cover replacement will be measured for payment through horizontal area surveys per acre to the nearest 0.1 acre. Areas and dimensions will be as established by the City and the Contractor.

4.18. SUPPLIES, DISPOSAL, AND EQUIPMENT
City will provide or pay for the following supplies: Trash bags, signs, chemical treatments (i.e. herbicides and pesticides) absorbent material, gravel bags, and other pollutant prevention materials. The City will provide debris disposal bins at its Corporation Yard, Bear Hollow Pump Station work area, and pay for other disposal fees (e.g. landfill fees). The Contractor must furnish all tools, and equipment needed to provide a high level of workmanship, to ensure continuous and safe operation, and complete work in accordance with the current County of Sacramento Standard Construction Specifications. Proposers may submit alternative equipment, materials, and supplies as part of their proposal for the City’s consideration.

ITEM 13.3.

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Section 5 - Proposal Submittal

5.1. COVER LETTER*
Please upload a cover letter that provides a brief introduction to your firm. Please reference the Basis for Evaluation of Proposals as you are submitting your letter and all subsequent documents.
*Response required

5.2. CONTRACTOR'S LICENSE CERTIFICATION*
Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code at the time of proposal submittal. A proposal submitted to the City by a contractor who is not licensed as set forth above shall be considered non-responsive and shall be rejected by the City.

As part of their proposal, the Proposer shall provide to the City their contractor's license number. The minimum license qualifications for this project include possession of a valid General Engineering Contractor, Class A license, or Landscaping Contractor, C27 license.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the California Contractors' State License Board indicate that the contractor was properly licensed at the time the proposal was submitted and the license has remained valid and good standing after award of the contract. Any proposer or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the proposer to maintain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the proposer. *Response required

5.3. DEPARTMENT OF INDUSTRIAL RELATIONS CONTRACTORS REGISTRATION* Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall register as a contractor in accordance with the provisions of the Department of Industrial Relations (DIR). A bid submitted to the City by a contractor who is not registered as set forth above shall be considered non-responsive and shall be rejected by the City.

Before awarding the contract for this project, the City must verify that the contractor was properly registered when the contractor submitted his/her bid on this project. In order for the City to verify the registration status of a contractor, the contractor, at the time he/she submits his/her bid for the project, shall provide to the City his/her contractor's registration number.

No proposal submitted to the City shall be invalidated by the failure of the Proposer to be registered in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

Any Proposer or contractor not so registered shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the DIR. Failure of the Proposer to obtain proper and adequate registration for an award of a contract shall constitute ITEM 13.3.

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a failure to execute the contract and shall result in the forfeiture of the security of the Proposer.
*Response required

5.4. FIRM EXPERIENCE AND QUALIFICATIONS*
Please download the below documents, complete, and upload.

Proposer shall detail their firms experience as necessary to demonstrate satisfactory compliance with the minimum qualification requirements as listed in this RFP. Additionally, firm experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers.
• Firm_Experience_and_Qualifi...
*Response required

5.5. STAFF EXPERIENCE AND QUALIFICATIONS*
Please download the below documents, complete, and upload.

Proposer shall list the names and experience/qualifications of any employees who would be responsible for undertaking the Items detailed in the Scope of Services of this RFP, should a contract be provided. Employee experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers. • Staff_Experience_and_Qualif...
*Response required

5.6. SUBCONTRACTORS?*
Will you be using subcontractors to perform any of the services within the Scope of Services noted in this RFP?
Each proposer shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the Services to be performed under these specifications in excess of one-half of one percent (0.5%) of the prime Contractor’s total proposal or ten thousand dollars ($10,000.00), whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and the Contractor shall not be permitted to subcontract that portion of the work except under the conditions allowed by applicable law. Failure to list subcontractors that will be performing work under the contract shall be grounds to deem a proposal non-responsive.

Subcontractors shall provide all required licensing documentation to City. ☐ Yes
☐ No
*Response required
When equals "Yes"

5.6.1. Designation of Subcontractors*
ITEM 13.3.

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Please download the below documents, complete, and upload. • Subcontractors.docx
*Response required

5.7. OPERATIONS PLAN DETAILS*
Please download the below documents, complete, and upload.

Proposer shall detail an inventory of equipment, location of any equipment and materials storage facilities, customer service processes and call center location (if applicable), and a draft/initial schedule of duties to demonstrate how Proposer intends to undertake Task Items detailed in the Scope of Services of this RFP, in a routine manner. The Operations Plan Details submitted may be used by the City as a basis for evaluation when determining the most qualified Proposers.
• Operations_Plan_Details.docx
*Response required

5.8. EXCEPTIONS TO AGREEMENT*
Proposers are to prepare all Cost Schedule forms based on the program specifications set forth in the RFP documents.

Will you be taking exceptions to the agreement?
A YES answer means you take exception to the RFP specifications. A "Form Exceptions to Agreement" document shall be completed and signed by an individual authorized to commit the proposer's firm to the Agreement.

A NO answer means you have complete agreement with the proposed terms, conditions, and business arrangements described in the RFP, including the attached Agreement. The proposer assumes the risk of all conditions foreseen or unforeseen and agrees to provide the services set forth in the Agreement under whatever circumstances may develop
☐ Yes
☐ No
*Response required
When equals "Yes"

5.8.1. Exceptions to Agreement Form & Signatures*
In the event the proposer takes exception to the RFP specifications, they may set forth those exceptions in the following manner:
▪ The exceptions are to be presented on a separate paper titled “Form Exceptions to Agreement.”
▪ Each exception must be presented separately by stating: the specific exception, the page and line numbers of the exception, the suggested changes to the program related to the exception, the suggested changes in the Agreement language related to the exception, the manner in which the proposed change would benefit the City, the customers or both, and ITEM 13.3.

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the specific dollar change in each of the various service rates, as proposed by the proposer in this RFP, that would take place if the exception was accepted by the City.

NOTE: Exceptions taken without providing the required information as part of your proposal will not be considered.

Please download the below documents, complete, and upload. • Exceptions_to_Agreement.docx
*Response required

5.9. GUARANTEE REQUIREMENTS*
The City of Rancho Cordova will require all proposals be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier’s check, or a bidders bond. The Bid Guarantee shall be executed by an admitted surety insurer in favor of the City of Rancho Cordova, the amount of which shall not be less than ten percent (10%) of the submitted Cost Schedule Grand Total.

Additionally, before beginning said work, the Contractor shall file one bond with the City, made payable to the City. The bond shall be issued by a surety company authorized to do business in the State of California and shall have a one-year term. A new bond shall be provided annually during the entire life of the Agreement at the expense of the Contractor. The bond shall be for not less than 100% of the submitted Cost Schedule Grand Total (which serves as an annual cost estimate) and shall guarantee the faithful performance of the Agreement.

Upload a scanned copy of your fully executed bid bond here. The original Bid Guarantee must be delivered to City Hall within 72 hours following the RFP deadline. *Response required

5.10. NON-COLLUSION DECLARATION*

NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of RANCHO CORDOVA
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed ITEM 13.3.

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Page | 30

contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Note:The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the date and time of submittal of this Proposal.
☐ Please confirm
*Response required

5.11. ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your provided answers please upload that additional documentation here.

5.12. SIGNATURE CERTIFICATION PAGE*
Please download the below documents, complete, and upload.

If proposer or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if proposer or other interested person is an individual, state first and last names in full.

By my signature on this proposal I certify, under the Penalty of Perjury, that the foregoing Non- Collusion Affidavit and Contractor’s License Certification along with all other statements in this proposal are true and correct.
• Signature_Certification_Pag...
*Response required

5.13. PROPOSER CONFIRMATION*
By confirming here and submitting a proposal, Proposer confirms their authority (and has uploaded necessary documentation proving such) to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Company Name stated in said Proposal.

Such confirmation will be understood as certification by the Proposer that they have completely read and understand this Request For Proposals in its entirety including any and all Addenda released prior to the time of submittal.
☐ Please confirm
*Response required
ITEM 13.3.

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Section 6 - Cost Proposal
The Cost portion of this Proposal consists of a Cost Schedule with unit bid pricing and submission of Labor & Equipment rates for maintenance services.

COST SCHEDULE
The following quantities are ESTIMATED YEARLY QUANTITIES only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein but reserves the right to increase and decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the City. Additional lump sum or unit price work items may be negotiated between the City and the Contractor on a case-by-case basis. Payment will be based upon the actual quantities cleaned or repaired, unless otherwise specified. Maintenance rates may escalate annually based on San Francisco Engineering News- Record (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM MAINTENANCE TYPE UNIT EST. YEARLY

QUANTITY

UNIT PRICE ITEM TOTAL
1 Chemical Treatment AC 64
2 High Weed Mowing AC 72
3 Debris and Obstruction Removal TONS 120
TOTAL

LABOR & EQUIPMENT RATES
The following hourly rates and equipment rates shall apply to all maintenance or repair work that is not already included under the unit prices listed in the Cost Schedule. Hourly rates and equipment rates shall include all costs to supply the necessary labor costs, insurances, and equipment including, but not limited to, overhead and profit. Payment will be based upon the actual quantities of time and materials, unless otherwise specified. Labor and equipment rates may escalate annually based on San Francisco (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM DESCRIPTION UNIT REGULAR TIME
Labor
1 Superintendent HOURS
2 Foreman HOURS
3 Laborer 1 HOURS
4 Laborer 2 HOURS
ITEM 13.3.

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ITEM DESCRIPTION UNIT REGULAR TIME
5 Laborer 3 HOURS
Prevailing Wage
1 Construction Laborer HOURS
2 Sign Work HOURS
3 Painter Brush HOURS
4 Truck Driver HOURS
Equipment
1 Utility Truck HOURS
2 Standard Pickup Truck HOURS
3 Trailer HOURS
4 High Weed Mower HOURS
5 Weed Eater HOURS
6 Blower HOURS
7 Chainsaw HOURS

MARKUP PERCENTAGES
In this table, please enter the markup price for each category.

Line Item Description Unit of Measure Percentage No Bid 1 Materials Markup Cost Plus ___%
2 Subcontractor Markup Cost Plus ___%
3 Overtime Markup Cost Plus ___%
4 Holiday Markup Cost Plus ___%

ITEM 13.3.

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EXHIBIT C

STORMWATER FACILITY LOCATIONS
Stormwater Basins
Recycle Road Stormwater Basin
Bear Hollow Stormwater Basin
Systems Parkway Stormwater Basin
Bosphorus Stormwater Basin
Sunridge Park East Stormwater Basin
North Douglas (Hillside Park) Stormwater Basin
Montelena Basin
Open Waterways
Cordova Creek
Morrison Creek 1
Morrison Creek 2
Morrison Creek 3
Morrison Creek 6
Tributary 1
Tributary 2
Montelena Channel
Outfalls
Drainage 1 Outfall
Drainage 2 Outfall
Drainage 3 Outfall
Drainage 4 Outfall
Drainage 5 Outfall
Levees
Cordova Meadows Levee
Larchmont Sunriver Levee
Ditches
Kavala Ranch Ditch
Manufacturers Drive Ditch
ITEM 13.3.

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Kavala Ranch Ditch
Manufacturers Drive Ditch
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City of Rancho Cordova
Public Works
Albert Stricker, Director of Public Works
2729 Prospect Park Drive, Rancho Cordova, CA 95670
[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services
RESPONSE DEADLINE: April 16, 2024 at 2:00 pm
Report Generated: Wednesday, May 8, 2024
MCE Corporation Response

CONTACT INFORMATION
Company:

MCE Corporation
Email:
[email protected]
Contact:

Jeff Core
Address:
4000 Industrial Way
Concord, CA 94520
Phone:
(925) 803-4111
Website:

N/A
Submission Date:

Apr 15, 2024 3:11 PM
ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 2 ends

ADDENDA CONFIRMATION
Addendum #1
Confirmed Apr 12, 2024 2:51 PM by Jeff Core

QUESTIONNAIRE

1. Cover Letter*
Please upload a cover letter that provides a brief introduction to your firm. Please reference the Basis for Evaluation of Proposals as you are submitting your letter and all subsequent documents.

Cover_Letter.pdf

2. Contractor's License Certification*
Pass
Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code at the time of proposal submittal. A proposal submitted to the City by a contractor who is not licensed as set forth above shall be considered non-responsive and shall be rejected by the City.

As part of their proposal, the Proposer shall provide to the City their contractor's license number. The minimum license qualifications for this project include possession of a valid General Engineering Contractor, Class A license, or Landscaping Contractor, C27 license.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the California Contractors' State License Board indicate that the contractor was properly licensed at the time the proposal was submitted and the license has remained valid and good standing after award of the contract. Any proposer or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the proposer to maintain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the proposer.

ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services
[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 3 ends

CSLB # 439295 A, B, C8, C12, C27 Expiration Date May 31, 2025 Click to Verify Value will be copied to clipboard

3. Department of Industrial Relations Contractors Registration* Pass
Any person or entity submitting a proposal on this project to engage in the business or act in the capacity of a contractor shall register as a contractor in accordance with the provisions of the Department of Industrial Relations (DIR). A bid submitted to the City by a contractor who is not registered as set forth above shall be considered non-responsive and shall be rejected by the City.

Before awarding the contract for this project, the City must verify that the contractor was properly registered when the contractor submitted his/her bid on this project. In order for the City to verify the registration status of a contractor, the contractor, at the time he/she submits his/her bid for the project, shall provide to the City his/her contractor's registration number.

No proposal submitted to the City shall be invalidated by the failure of the Proposer to be registered in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. Any Proposer or contractor not so registered shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the DIR. Failure of the Proposer to obtain proper and adequate registration for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the Proposer.

DIR # 1000001789
Click to Verify Value will be copied to clipboard

4. Firm Experience and Qualifications*
Please download the below documents, complete, and upload.

Proposer shall detail their firms experience as necessary to demonstrate satisfactory compliance with the minimum qualification requirements as listed in this RFP. Additionally, firm experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers.
• Firm_Experience_and_Qualifi...

Firm_Experience_and_Qualifications.docx
ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 4 ends

5. Staff Experience and Qualifications*
Please download the below documents, complete, and upload.

Proposer shall list the names and experience/qualifications of any employees who would be responsible for undertaking the Items detailed in the Scope of Services of this RFP, should a contract be provided. Employee experience and qualifications may be used by the City as a basis for evaluation when determining the most qualified Proposers. • Staff_Experience_and_Qualif...

Staff_Experience_and_Qualifications.docx

6. Subcontractors?*
Will you be using subcontractors to perform any of the services within the Scope of Services noted in this RFP? Each proposer shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the Services to be performed under these specifications in excess of one-half of one percent (0.5%) of the prime Contractor’s total proposal or ten thousand dollars ($10,000.00), whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and the Contractor shall not be permitted to subcontract that portion of the work except under the conditions allowed by applicable law. Failure to list subcontractors that will be performing work under the contract shall be grounds to deem a proposal non-responsive. Subcontractors shall provide all required licensing documentation to City.

Yes
DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • Subcontractors.docx
Subcontractors.docx
ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 5 ends

7. Operations Plan Details*
Please download the below documents, complete, and upload.

Proposer shall detail an inventory of equipment, location of any equipment and materials storage facilities, customer service processes and call center location (if applicable), and a draft/initial schedule of duties to demonstrate how Proposer intends to undertake Task Items detailed in the Scope of Services of this RFP, in a routine manner. The Operations Plan Details submitted may be used by the City as a basis for evaluation when determining the most qualified Proposers. • Operations_Plan_Details.docx
Operations_Plan_Details.docxOperations_Plan_Details_-_pg._2.docx

8. Exceptions to Agreement*
Pass
Proposers are to prepare all Cost Schedule forms based on the program specifications set forth in the RFP documents.

Will you be taking exceptions to the agreement?
A YES answer means you take exception to the RFP specifications. A "Form Exceptions to Agreement" document shall be completed and signed by an individual authorized to commit the proposer's firm to the Agreement.

A NO answer means you have complete agreement with the proposed terms, conditions, and business arrangements described in the RFP, including the attached Agreement. The proposer assumes the risk of all conditions foreseen or unforeseen and agrees to provide the services set forth in the Agreement under whatever circumstances may develop
No

9. Guarantee Requirements*
The City of Rancho Cordova will require all proposals be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier’s check, or a bidders bond. The Bid Guarantee shall be executed by an admitted surety insurer in favor of the City of Rancho Cordova, the amount of which shall not be less than ten percent (10%) of the submitted Cost Schedule Grand Total.

Additionally, before beginning said work, the Contractor shall file one bond with the City, made payable to the City. The bond shall be issued by a surety company authorized to do business in the State of California and shall have a one-year term. A new bond shall be ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 6 ends

provided annually during the entire life of the Agreement at the expense of the Contractor. The bond shall be for not less than 100% of the submitted Cost Schedule Grand Total (which serves as an annual cost estimate) and shall guarantee the faithful performance of the Agreement.

Upload a scanned copy of your fully executed bid bond here. The original Bid Guarantee must be delivered to City Hall within 72 hours following the RFP deadline.

Bid_Bond.pdf

10. Non-Collusion Declaration*
Pass

NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of RANCHO CORDOVA
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 7 ends

Note:The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the date and time of submittal of this Proposal.

Confirmed

11. Additional Information (if needed)
For any additional information requested or required by any of your provided answers please upload that additional documentation here.

Additional_Prevailing_Wage_Categories_&_Rates.pdf

12. Signature Certification Page*
Please download the below documents, complete, and upload.

If proposer or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if proposer or other interested person is an individual, state first and last names in full.

By my signature on this proposal I certify, under the Penalty of Perjury, that the foregoing Non-Collusion Affidavit and Contractor’s License Certification along with all other statements in this proposal are true and correct. • Signature_Certification_Pag...

Signature_Certification_Page.pdf

13. Proposer Confirmation*
Pass
By confirming here and submitting a proposal, Proposer confirms their authority (and has uploaded necessary documentation proving such) to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Company Name stated in said ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 8 ends

Proposal. Such confirmation will be understood as certification by the Proposer that they have completely read and understand this Request For Proposals in its entirety including any and all Addenda released prior to the time of submittal.

Confirmed

PRICE TABLES

COST SCHEDULE
The following quantities are ESTIMATED YEARLY QUANTITIES only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein but reserves the right to increase and decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the City.

Additional lump sum or unit price work items may be negotiated between the City and the Contractor on a case-by-case basis.

Payment will be based upon the actual quantities cleaned or repaired, unless otherwise specified. Maintenance rates may escalate annually based on San Francisco Engineering News- Record (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM MAINTENANCE TYPE UNIT EST. YEARLY

QUANTITY

UNIT PRICE ITEM TOTAL
1 Chemical Treatment AC 64 $342.66 $21,930.24
2 High Weed Mowing AC 72 $1,636.45 $117,824.40
3 Debris and Obstruction Removal TONS 120 $839.90 $100,788.00 TOTAL $240,542.64

LABOR & EQUIPMENT RATES
The following hourly rates and equipment rates shall apply to all maintenance or repair work that is not already included under the unit prices listed in the Cost Schedule. Hourly rates and equipment rates shall include all costs to supply the necessary labor costs, insurances, and equipment including, but not limited to, overhead and profit. Payment will be based upon the actual quantities of ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services

[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 9 ends

time and materials, unless otherwise specified. Labor and equipment rates may escalate annually based on San Francisco (ENR) Consumer Price Index (CPI) or 3%, whichever is less.

ITEM DESCRIPTION UNIT REGULAR TIME
Labor
1 Superintendent HOURS $75.14
2 Foreman HOURS $65.46
3 Laborer 1 HOURS $49.00
4 Laborer 2 HOURS $44.31
5 Laborer 3 HOURS $38.41
Prevailing Wage
1 Construction Laborer HOURS $106.26
2 Sign Work HOURS $106.20
3 Painter Brush HOURS $99.96
4 Truck Driver HOURS $113.81
Equipment
1 Utility Truck HOURS $11.14
2 Standard Pickup Truck HOURS $8.17
3 Trailer HOURS $1.86
ITEM 13.3.

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[MCE CORPORATION] RESPONSE DOCUMENT REPORT
RFP No. TBD
Stormwater Facility Maintenance Services
[MCE CORPORATION] RESPONSE DOCUMENT REPORT
Request For Proposal - Stormwater Facility Maintenance Services

Page 10 ends

ITEM DESCRIPTION UNIT REGULAR TIME
4 High Weed Mower HOURS $7.74
5 Weed Eater HOURS $2.47
6 Blower HOURS $2.47
7 Chainsaw HOURS $2.47

MARKUP PERCENTAGES
In this table, please enter the markup price for each category.

Line Item Description Unit of Measure Percentage No Bid 1 Materials Markup Cost Plus ___% 10%
2 Subcontractor Markup Cost Plus ___% 15%
3 Overtime Markup Cost Plus ___% 40%
4 Holiday Markup Cost Plus ___% 40%
ITEM 13.3.

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*M
Dalia Fadl
Principal Engineer
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA S5670
April 12,2024
RE: RFP for Stormwater Facility Maintenance Services.

Dear Dalia:

We are grateful for the opportunity to submit our proposal, which we believe to be complete and consistent with the seruices requested in the above referenced RFP.

MCE has a long history of providing contract services to the City of Rancho Cordova.

Consequently, we believe we have the experience and understanding to provide stormwater facilities maintenance at a very high level. Overthe past severalyears MCE has worked with the City to maintain and improve the City's creeks, channels, levees, detention basins and other drainage structures. Given the opportunrty, we look forward to continue wod<ing alongside the City to complete the necessary tasks in the drainage facilities within the City of Rancho Cordova.

Our maintenance division primarily works for public agencies. Over the past 41 years this has given MCE the proper perspective of working in the public sector. MCE provides various maintenance services throughout California, from Southern California to the Bay Area and the Sacramento Valley. We plan to utilize the same crew that is curently in place. Our team is experienced, dedicated and looking forward to the opportunity to continue providing service to the CiS of Rancho Cordova.

MCE has been providing Public Works maintenance services to the CiS of Rancho Cordova since 2010, when we started our first streets maintenance contract with a single employee.

During that time our partnership with the Ci$ has flourished and curently we have 3 active contracts. We are committed to providing quality seruice and will take the necessary steps to ensure a successful long-term relationship. We are prepared to meet with you to discuss our proposal and any questions you may have.

Sincerely,
Vince *udia
Director of Operations - Maintenance Division
TUICE Sorporation
Cell: g1S-Sfg-2S24
vcudia@mce*corp.porn
ITEM 13.3.

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FIRM EXPERIENCE AND QUALIFICATIONS (Required submittal form) The proposer has been engaged in the contracting business, under the present business name for ____41______ years. Experience in work of a nature similar to that covered in the proposal extends over a period of _____41_____ years.

The proposer, as a Contractor, has never failed to satisfactorily complete a Contract awarded to it, except as follows:

Please provide written explanation on a separate sheet(s).

Please provide a listing of contracts related to similar services as noted in this RFP that are currently active or have been satisfactorily completed in the last five (5) years. Please provide a contact name for each of the contracts listed.

Contract
Year(s) Type of Work Performed Annual Contract
Amount
Client/Agency
Name
Contact Name /Title
Phone Number
1984 to
Present
Landscaping, Streets,
Drainage, Building
Maint.
$10,260,000.00 City of
Dublin, CA
Andrew Russell, Public
Works Director.
925-833-6630
2010 to
Present
Streets and Roadside
Maint.
$2,204,000.00 City of
Rancho
Cordova, CA
Steve Harriman, Public
Works O&M Manager.
916-851-8716
2017 to
Present
Drainage Maint.

Emergeny On-call
$502,800.00 City of
Citrus
Height, CA
Regina Cave, General
Services Director.
916-727-4770
2015 to
Present
Drainage Maint.

Landscaping
$410,600.00 City of
Orinda, CA
Steve Ehrhardt, Facilities &
Parks Supervisor.
925-253-4243
2019 to
Present
Streets Maint.,
Drainage Maint.

Emergency On-call
$4,336,000.00 City of Elk
Grove, CA
Sean Gallagher, Deputy
Public Works Director.
916-687-3041
ITEM 13.3.

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EMPLOYEE/STAFF EXPERIENCE AND QUALIFICATIONS (Required submittal form) Employee/Staff Name Title & Position Years w/
Firm
Years Experience
in Trade
Specialized Certifications
Vince Cudia Director of Maintenance
Operations
21 23 OSHA 10, Traffic Control
(MUTCD)
Anthony Strasburg Drainage Supervisor 8 16 QAC - Spray Lic., In Process.

Equipment Operator Cert.

Eric Schuh Drainage Leadman 5 14 OSHA 10
Brian Acker Drainage Laborer 1.5 10 OSHA 10
Jose Silva Maintenance
Superintendent

1.5 10 Bachelor’s Degree - Urban &
Regional Planning.

OSHA 30
Use additional sheets of paper as necessary for additional references or employees.

ITEM 13.3.

ATTACHMENT 2

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DESIGNATION OF SUBCONTRACTORS (Required submittal form) In compliance with the provisions of Section 4100 -4114 of the Public Contracts Code of the State of California, and any amendments thereof, each proposer shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the Services to be performed under these specifications in excess of one -half of one percent (0.5%) of the prime Contractor’s total proposal or ten thousand dollars ($10,000.00), whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and the Contractor shall not be permitted to subcontract that portion of the work except under the conditions allowed by applicable law. Subcontractors shall provide all required licensing documentation to City.

SUBCONTRACTOR
(Name & Location)
% OF
WORK

ESTIMATED ANNUAL DOLLAR
AMOUNT

WORK TO BE PERFORMED BY

SUBCONTRACTOR
RCD Construction
Tracy, CA
10% $24,000 Special Projects
(Excavation)
Blue Jay Trucking
Sacramento, CA
5% $12,000 Debris Hauling
Pest Control Center
North Highlands, CA
2% 4,800 Pest Services
ITEM 13.3.

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OPERATIONS PLAN (Required submittal forms)
Equipment Inventory: Please provide a list of all equipment that will be utilized in the performance of this contract.

Quantity Name, Type, and Capacity Model Year and
Condition Fuel Type
1 Chevy Silverado 2500 4x4 8 ft Bed 2019, Good
Condition
Gasoline
1 Chevy Silverado 1500 4x2 6 ft Bed 2018, Good
Condition
Gasoline
1 High Weed Mower (walk-behind) 2019, Billy Goat,
Good condition
Gasoline
3 Echo Weed Eaters - Commercial
Grade
2021, SRM3020,
Good Condition
Gasoline
2 Husqvarna Chainsaws 2022, Good
Condition
Gasoline
1 STIHL MSA 120 36-Volt Chainsaw 2023, Good
Condition
Electric - Battery
Powered
Equipment Storage and Maintenance Facility: Please provide the facility location(s) where the equipment utilized in this contract will be staged:
___10766 N. Mather Blvd__________________________
Street address
___ Rancho Cordova, CA 95670_____ _______________
City, State, Zip Code
Customer Service Call Center: Please list the address and phone number of the Customer Service center where calls will be received for this Contract:
___660 Commerce Drive____________ ______________
Street address
___Roseville, CA 95678____________________________
City, State, Zip Code
_____805-746-7667______________________
Phone Number
Will Customer Service representatives be available during normal business hours to answer calls? Y / N (circle one)
After-hours Emergency Phone Number: __916-212-7992_________ ITEM 13.3.

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OPERATIONS PLAN (Required submittal forms)
Equipment Inventory: Please provide a list of all equipment that will be utilized in the performance of this contract.

Quantity Name, Type, and Capacity Model Year and
Condition Fuel Type
1 Landscape Trailer 12x6 ft 2020, Good
Condition
N/A
1 60 Gallon Spray Tank 2021, Good
Condition

1 Echo Backpack Blower 2021, Good
Condition
Gasoline
1 Husqvarna Weed Eater 60-Volt 2024, New Electric - Battery Powered
1 Echo Hedge Trimmer 2020, Good
Condition
Gasoline

Various Electric Power Tools Newer, Good
Condition
Electric - Battery
Powered

Equipment Storage and Maintenance Facility: Please provide the facility location(s) where the equipment utilized in this contract will be staged:

___10766 N. Mather Blvd____________________________
Street address

____Rancho Cordova, CA 95670_______________________
City, State, Zip Code

Customer Service Call Center: Please list the address and phone number of the Customer Service center where calls will be received for this Contract:

____660 Commerce Drive____________________________
Street address

____Roseville, CA 95678_____________________________
City, State, Zip Code

_____805-746-7667_____________________
Phone Number

Will Customer Service representatives be available during normal business hours to answer calls? Y / N (circle one)

After-hours Emergency Phone Number: __916-212-7992_______________ ITEM 13.3.

ATTACHMENT 2

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ITEM 13.3.

ATTACHMENT 2

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ITEM 13.3.

ATTACHMENT 2

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ITEM 13.3.

ATTACHMENT 2

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Labor Classification REGULAR TIME OVERTIME

SUNDAY &

HOLIDAY
Superintendent
Foreman
Laborer 1
Laborer 2
Laborer 3
Prevailing Wage REGULAR TIME OVERTIME

SUNDAY &

HOLIDAY
Construction Laborer
Sign Work
Painter Brush
Truck Driver
Additional Category Equipment Operator $144.96
Additional Category Tree Trimmer $54.53
Additional Category Sr. Tree Trimmer $57.08
Equipment
Utility Truck
Standard Pickup Truck
Trailer
High Weed Mower
Weed Eater
Blower
Chainsaw
City of Rancho Cordova
Stormwater Facility Maint. Services
Labor and Equipment Rates
July 1, 2024 to June 30, 2025
ITEM 13.3.

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ITEM 13.3.

ATTACHMENT 2

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Page 1 of 3 ends

Operations and Maintenance Plan
for
Stormwater Facility Maintenance Services for
The City of Rancho Cordova
4/12/2024

Prepared by: MCE Corporation

An annual maintenance schedule has been included as part of this operations plan to show generally when activities are conducted. Although - weather, site conditions, governing agency approval and other factors may alter the timeframe for when actual work takes place. Also, included as part of this operations plan are maintenance and inspection task lists which provide additional details for site inspections and maintenance.

Vegetation Management
Weed abatement is generally conducted in late spring through early summer (April – July) to maintain vegetation growth along city facilities. Mowing operations are completed with mechanical equipment, this includes, walk-behind mowers, weed eaters and in some areas riding equipment with mowing implements. Weeds and grasses are generally mowed to a height of 4 inches. The on-site MCE project Foreman coordinates with city staff for work authorization and site surveys prior to weed abatement operations taking place. In some cases, areas may need to be cut a second time to maintain a good appearance and or for fire protection. Safety precautions will be taken to ensure safe and efficient weed abatement operations.

Chemical Spraying
Chemical spraying is done as a means to maintain access roads in good condition and to control growth year-round. Spraying is typically done in the spring to control the emergence of new growth.

Spot spraying may need to be done in high priority areas in order to keep and maintain a good appearance. In some cases, chemical spraying may need to be done to control nuisance or invasive species (e.g. berry bushes, thistle, palm tree saplings, etc..). All federal, state and local regulations will be followed and pesticide logs will be submitted to the city on a monthly basis. MCE will follow the city’s Integrated Pest Management (IPM) policy. Only properly trained individuals will be responsible for spraying operations.

ITEM 13.3.

ATTACHMENT 2

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Page 2 of 3 ends

Debris and Obstruction Removal
Excavation work takes place in the fall, typically from mid-October through early December. In some cases, emergency excavation work will need to be done during the rainy season due to debris flows in creek, channels or detention basins. Annual site inspections of all city facilities are conducted during the summer and a prioritized list is developed for review with the City. Excavation operations typically consist of an equipment operator and a dump truck driver. Excavated materials are hauled off for disposal and receipts with quantities of the materials removed are logged and submitted to the city on a monthly basis.

Extermination of Burrowing Animals
Burrowing animals may need to be removed from city facilities for various reasons. When directed by the city, MCE will follow the scope of services language in (section 4.15.) provided in the city’s request for proposals package. MCE only uses licensed pest control companies to conduct this activity. Prior to the commencement of any work, site inspections will be conducted by MCE’s project Foreman and a city representative. All federal, state and local regulations will be followed and proper documentation will be provided to the city. MCE will follow the city’s Integrated Pest Management (IPM) policy.

Burrow Grouting
Burrow grouting is done in conjunction with the extermination of burrowing animals. It may be necessary to conduct burrow grouting to stabilize city facilities. When necessary, and directed by the city, MCE will follow the scope of services language in (section 4.16.) provided in the city’s request for proposals package. When needed, burrow grouting will be conducted by current project staff or MCE’s construction division. MCE will follow the specification as outlined in the scope of services section (section 4.16.).

Ground Cover Replacement
At times it may be necessary to replace ground cover at city facilities. At the direction of the city, MCE will replace ground cover following the scope of services language in (section 4.17.) provided in the city’s request for proposals package. Seed mixture, site preparations and specified planting timeframe will be followed based on the city’s specifications found in the scope of services.

ITEM 13.3.

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Page 3 of 3 ends

Tree Trimming and Removal
Tree trimming and tree removals are completed as needed. During annual vegetation management, tree trimming is conducted to provide proper clearance along fence lines and access roads. When hazardous trees are identified that are in clear danger of falling and creating damage to city facilities or private property, MCE staff will request approval from the city, prior to removal. MCE typically only trims and removes trees 4 inches in diameter (dbh) or smaller. Larger trees that require trimming or removal are submitted to the city and the city’s tree service company completes the work.

General Maintenance Activities
There are numerous additional activities that are completed regularly throughout the city. Some of these activities include, litter removal, illegal dumping removal, sign repair and replacement, graffiti abatement, painting, fence repair and access road maintenance. These additional activities are critical to the overall condition of the city’s facilities. Through regular inspections, deficiencies are identified and reported to the city and repairs are made. MCE also works with the city to complete other special projects as requested.

ITEM 13.3.

ATTACHMENT 2

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Annual Schedule for Stormwater Facility Maintenance Services Client: City of Rancho Cordova
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

VEGETATION MANAGEMENT
(CREEKS/CHANNELS/LEVEES)

CHEMICAL SPRAYING

DEBRIS & OBSTRUCTION REMOVAL

EXTERMINATION OF BURROWING ANIMALS

BURROW GROUTING

GROUND COVER REPLACEMENT

TREE TRIMMING/REMOVALS

GENERAL MAINTENANCE ACTIVITIES
(INSP'S, LITTER, GRAFFITI, SIGNAGE, ETC..)
Note: Refer to Operations Plan Details for additional information related to these activities.

Apr-25 May-25Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25ACTIVITY Jun-24 Jul-24 Aug-24 Mar-25 ITEM 13.3.

ATTACHMENT 2

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Title: Employee:

Date:

Condition Operational
Tasks Code Remarks (Yes / No)
1 2
3 4
5 6
7 8
Condition Codes:

OK - Facility Functioning Properly
NR - Facility Needs Repair
MP - Maintenance Performed
Maintenance Services
Task List
Stormwater Facility
Vegetation Management
Location:

Additional Field Notes
Maintenance & Inspection
Inspect the area to be cut for any potential hazards prior to performing weed abatement.

Identify and close off any wildlife buffers prior to performing weed abatement.

Cut vegetation in approved areas only.

Note any other issues on below lines and report deficiencies.

ITEM 13.3.

ATTACHMENT 2

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Title: Employee:

Date:

Condition Operational
Tasks Code Remarks (Yes / No)
1 2
3 4
5 6
7 8
Condition Codes:

OK - Facility Functioning Properly
NR - Facility Needs Repair
MP - Maintenance Performed
Stormwater Facility
Chemical Spraying Maintenance Services
Location: Maintenance & Inspection
Task List
Inspect areas to be sprayed prior to spraying.

Monitor wind conditions to ensure spraying can be done safely.

Spray weeds and grasses along access roads, around fences (as needed) and other target areas.

Fill out pesticide spray log. Provide a copy of the spray log to the city.

Additional Field Notes
Note any other issues on below lines and report deficiencies.

ITEM 13.3.

ATTACHMENT 2

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Title: Debris & Obstruction Removal Employee:

Date:

Condition Operational
Tasks Code Remarks (Yes / No)
1 2
3 4
5 6
7 8
Condition Codes:

OK - Facility Functioning Properly
NR - Facility Needs Repair
MP - Maintenance Performed
Install BMP's (D.I. Bags, straw wattle, etc..) as needed.

If needed, set up temporary traffic control devices.

Additional Field Notes
Enter excavated material quantities in debris log. Submit a copy to the city.

Note any other issues on below lines and report deficiencies.

Task List
Inspect the site conditions prior to starting work.

Analyze the area to be excavated and position equipment in the safest locations for excavating and loading material.

Stormwater Facility
Maintenance Services
Location: Maintenance & Inspection
ITEM 13.3.

ATTACHMENT 2

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Title: Employee:

Date:

Condition Operational
Tasks Code Remarks (Yes / No)
1 2
3 4
5 6
7 8
Condition Codes:

OK - Facility Functioning Properly
NR - Facility Needs Repair
MP - Maintenance Performed
Tree Trimming & Removal
Cut down and remove dead trees (less than 4-inches dbh).

Note any other issues on below lines and report deficiencies.

Additional Field Notes
Maintenance & Inspection
Task List
Trim trees for vehicle clearance along the access road and along fence lines.

Haul off debris.

Cut up and remove any downed trees.

Stormwater Facility
Maintenance Services
Location:

ITEM 13.3.

ATTACHMENT 2

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Title: Employee:

Date:

Condition Operational
Tasks Code Remarks (Yes / No)
1 2
3 4
5 6
7 8
Condition Codes:

OK - Facility Functioning Properly
NR - Facility Needs Repair
MP - Maintenance Performed
Additional Field Notes
Remove graffiti as needed.

Note any other issues on below lines and report deficiencies.

Inspect the condition of the access road.

Inspect the area for pests (rodent activity).

Maintenance & Inspection
Inspect fences, access gates and signage along the facility and make repairs as needed.

Task List
Remove litter and debris.

Maintenance Services
Stormwater Facility
General Maintenance
Location:

ITEM 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
Consulting Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation – Exhibit B Page 1 of 4

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 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
Consulting Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation – Exhibit B Page 2 of 4 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 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
Consulting Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation – Exhibit B Page 3 of 4

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 13.3.

ATTACHMENT 2

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CONTRACT NO.: 2024-61
Consulting Services Agreement between June 3, 2024
City of Rancho Cordova and MCE Corporation – Exhibit B Page 4 of 4

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 13.3.

ATTACHMENT 2

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 13.4.

DATE: June 3, 2024

TO: Honorable Mayor and Council Members

FROM: Stacy Leitner, City Clerk

SUBJECT: A RESOLUTION CALLING THE NOVEMBER 5, 2024, GENERAL

MUNICIPAL ELECTION TO ELECT COUNCIL MEMBERS BY-
DISTRICT FOR DISTRICTS 1, 3, AND 4, REQUESTING THE

SACRAMENTO COUNTY BOARD OF SUPERVISORS CONSOLIDATE

THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE

GENERAL ELECTION, AND ESTABLISHING POLICIES FOR

CANDIDATE STATEMENTS

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would allow for the consolidation of the general municipal election with the statewide general election to be held on November 5, 2024, and to obtain election services from the Sacramento County Voter Registration and Elections Department. The Resolution also adopts the Candidate Statement policy described in the County of Sacramento’s Candidates Guide. Exhibit A (Attachment 2) provides the City Council adopted map 516C for the new by-district elections for the 2024 Council election on file with the Sacramento Registrar of Voters (ROV). Three City Council Member seats for full, four-year terms are up for election at the general municipal election. The Council Member seats currently filled by Siri Pulipati, David Sander, and Donald Terry are up for election in November 2024.

BACKGROUND

Rancho Cordova Municipal Code Chapter 2.42 regarding elections states the general municipal election shall be held on the same date as the date of the statewide general election.

At the November 5, 2024, general municipal election, by-district elections will be held for Council Members in Districts 1, 3, and 4 to serve four-year terms. Consistent with state law for general municipal elections consolidated with statewide general elections (Elections Code Section 10220), the filing period for candidate nomination documents and candidate statements will be during the nomination period of July 15, 2024, through August 9, 2024 (any seat where the incumbent does not file will activate a five-day filing period extension to August 14, 2024).

In 2023, the City transitioned from at-large Council elections to a by-district election system, with the creation of five City Council districts. In order to continue the staggered terms, a two-

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City Council Staff Report - Page 2 of 2

phase implementation was created for 2024 and 2026. In 2024, voters will elect Council Members in Districts 1, 3, and 4. In 2026, voters will elect Council Members in Districts 2 and 5.

The seats for three City Council Members (Siri Pulipati, David Sander, and Donald Terry) elected at-large in 2020 are up for election in November 2024, while the seats for two City Council Members elected in 2022 (Linda Budge and Garrett Gatewood) will continue through November 2026.

Election Consolidation
In accordance with Elections Code Section 10403, it is necessary for the City Council to adopt a Resolution calling and giving notice of the holding of a general municipal election in the City of Rancho Cordova on November 5, 2024, and requesting the Board of Supervisors of the County of Sacramento consolidate the general municipal election with the statewide general election (Attachment 1).

By adoption of the proposed Resolution, the City will file a copy of the attached Resolution with the Sacramento County Board of Supervisors and the Sacramento County Voter Registration and Elections Department. The Sacramento County Voter Registration and Elections Department will therefore be authorized to canvass the returns of the election and the City agrees to reimburse the Sacramento County Voter Registration and Elections Department for actual costs accrued for the election.

The Sacramento County Voter Registration and Elections Department has requested the consolidation Resolution address procedures in the event of a tie vote for any contest. The options to resolve a tie vote shall be either by lot or to hold a special runoff election. Staff recommends the City Council address tie votes by lot to save the cost of holding a special election, as provided in Elections Code Section 15651. Procedures for resolving a tie vote by lot would be presented for City Council consideration at a meeting prior to the date, time, and place if a drawing by lot is determined to be necessary.

Candidate Statements
Candidate statements serve as a critical tool for voters to make informed decisions about candidates during elections. Candidate statements are included in the sample ballot mailed to voters. The City chooses to adopt the policy for preparation of candidate statements as described in the County of Sacramento's Candidates Guide under the heading of "Candidate's Statement." Each candidate has the option to prepare a candidate statement which may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the City Clerk at the same time the candidate's nomination papers are filed. If a candidate chooses to submit a candidate statement, they must pay the corresponding printing fee. The 2024 candidate statement fee is set by Sacramento County.

FISCAL IMPACT AND FUNDING SOURCE

It is estimated that the costs associated with the Election Services will be $75,000.

ATTACHMENT(S)

1. Resolution

2. Adopted Map

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ITEM 13.4. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, CALLING THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION TO ELECT COUNCIL MEMBERS BY-DISTRICT FOR DISTRICTS 1, 3, AND 4, REQUESTING THE SACRAMENTO COUNTY BOARD OF SUPERVISORS

CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE

GENERAL ELECTION, AND ESTABLISHING POLICIES FOR CANDIDATE

STATEMENTS
WHEREAS, under the provisions of the State of California Elections Code, a general municipal election will be held within the City of Rancho Cordova on November 5, 2024, for the purpose of electing Council Members by-district for Districts 1, 3, and 4 to serve four-year terms; and
WHEREAS, a statewide general election will be held within the County of Sacramento on the same day; and
WHEREAS, Elections Code Section 10403 requires jurisdictions to file with the Sacramento County Board of Supervisors, and a copy with the Sacramento County Registrar of Voters, a Resolution requesting consolidation with a statewide election.

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

1. That under the provisions of the Elections Code, there is called and ordered to be held in the City of Rancho Cordova, California, on Tuesday, November 5, 2024, a general municipal election for the purpose of electing Council Members by-district for Districts 1, 3, and 4, each to serve four-year terms.

2. That pursuant to the requirements of Elections Code Section 10403, the City of Rancho Cordova requests the Board of Supervisors of Sacramento County consolidate the regularly scheduled general municipal election with the statewide general election to be held on November 5, 2024.

3. That the City of Rancho Cordova acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.

4. That each candidate for elective office to be voted for at the general municipal election to be held in the City of Rancho Cordova on November 5, 2024, may prepare a candidate statement on an appropriate form provided by the City Clerk. That the candidates are to adhere to Elections Code Section 13307 and the policies as established by the City of Rancho Cordova, which: 1) requires candidates pay for the publication of the candidate statements, 2) limits the number of words that a candidate may use in their candidate statement to 200 words, and 3) chooses to adopt the policy for candidate statements preparation as described in the County of Sacramento's Candidates Guide under the heading of "Candidate's Statement.” The Sacramento County Voter Registration and Elections Department will set the cost of the candidate statement prior to the election; this fee will be paid to the City of Rancho Cordova by the candidate at the time the candidate’s nomination papers and statement are filed.

5. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Registrar of Voters of

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ITEM 13.4. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 Sacramento County, the City Council, in accordance with Elections Code Section 15651, shall set a date and time and place if a drawing by lot is determined to be necessary.

6. That the adopted City map is on file with the Sacramento County Voter Registration and Elections Department and is attached as Exhibit A.

7. That the City of Rancho Cordova agrees to reimburse the Sacramento County Voter Registration and Elections Department for actual costs accrued for each election, such costs to be calculated by the proration method set forth in Sacramento County's current Election Cost to Allocation Procedures on the basis of the amount of services provided to the City of Rancho Cordova.

8. That the City Clerk is directed to file a copy of this Resolution with the Sacramento County Board of Supervisors and the Sacramento County Registrar of Voters.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on this 3rd day of June by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
David Sander, Mayor
ATTEST:
___________________________
Stacy Leitner, CMC
City Clerk

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National Demographics Corporation, October 10, 2023
�2021 CALIPER
ITEM 13.4.

ATTACHMENT 2

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MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 13.5.

DATE: June 3, 2024

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Drew Hart, Senior Transportation Planner

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-77 WITH KITTELSON AND ASSOCIATES, INC.

IN AN AMOUNT NOT TO EXCEED $324,945 TO PROVIDE

PROFESSIONAL SERVICES TO PREPARE THE RANCHO CORDOVA

ACTIVE TRANSPORTATION PLAN TO INCREASE MOBILITY

OPTIONS, SAFETY, AND LIVABILITY

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2024-77 with Kittelson and Associates, Inc. in an amount not to exceed $324,945 to provide professional services to prepare the Rancho Cordova Active Transportation Plan to increase mobility options, safety, and livability.

BACKGROUND

The City of Rancho Cordova applied for and successfully received a Fiscal Year 2023-24 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant in the amount of $301,295 for the Rancho Cordova Active Transportation Plan (Plan). The Plan will update the existing Bicycle Master Plan (2016) and Pedestrian Master Plan (2011) and combine them into one vision and one document. The planning effort will include extensive community outreach, data analysis, and identification of infrastructure projects needed to improve active transportation options for all ages and abilities in Rancho Cordova. The final Plan will provide a prioritized list of projects that will encourage sustainable modes of transportation.

On October 2, 2023, the City Council approved Resolution No. 144-2023 authorizing the Public Works Director to execute all agreements associated with the Fiscal Year 2023-24 Caltrans Sustainable Transportation Planning Grant Program. In January 2024, Caltrans issued the City a Notice to Proceed to issue a Request for Proposals to retain a consultant for preparation of the Plan.

A Request for Proposals (RFP) was advertised on the City’s website, CIPList.com, and

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City Council Staff Report - Page 2 of 2

OpenGov on March 14, 2024. The City received proposals from four consulting firms on April 5, 2024. The proposals were evaluated based on an established set of criteria and staff recommends awarding the professional services agreement to the most qualified firm, Kittelson and Associates, Inc. and authorizing the City Manager to execute the agreement.

The project is expected to begin in Summer 2024 and be completed by the grant deadline of April 2026.

FISCAL IMPACT AND FUNDING SOURCE

Funding for this contract consists of Caltrans Sustainable Transportation Planning Grant funds and Measure A - Safety, Streetscaping, Pedestrian and Bicycle Facilities Program. This Project has no impact on the City's General Fund. This Project is included in the City's current approved 2023-28 Capital Improvement Plan.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-77

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ITEM 13.5. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-77 WITH KITTELSON & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $324,945 TO PREPARE THE RANCHO CORDOVA ACTIVE TRANSPORTATION PLAN TO

INCREASE MOBILITY OPTIONS, SAFETY, AND LIVABILITY

WHEREAS, the City of Rancho Cordova was awarded a Fiscal Year 2023-24 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Rancho Cordova Active Transportation Plan (Plan); and

WHEREAS, a Request for Proposals for a consultant to provide Professional Services to prepare the Plan was advertised on the City’s website, CIPList.com, and OpenGov on March 14, 2024, and a total of four proposals were received from consultants; and

WHEREAS, proposals were evaluated based on an established set of criteria and staff recommends awarding the contract to the most qualified firm, Kittelson & Associates, Inc.; and

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2024-77 with Kittelson & Associates, Inc. in an amount not to exceed $324,945 for professional services to prepare the Rancho Cordova Active Transportation Plan; and

WHEREAS, funding for this Project consists of Caltrans Sustainable Transportation Planning Grant Program funding and the remainder from Measure A.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-77 with Kittelson & Associates, Inc. in an amount not to exceed $324,945 for professional services to prepare the Rancho Cordova Active Transportation Plan 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 June 2024 by following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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ITEM 13.5. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

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2024-77
Last Revised January 2022
Professional Services Agreement between June 3, 2024
City of Rancho Cordova and Kittelson & Associates, Inc. Page 1 of 20

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
KITTELSON & ASSOCIATES, INC.

THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Kittleson & Associates Inc. (“Professional”) as of June 3, 2024.

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 three hundred twenty four thousand, nine hundred and forty five dollars and zero cents ($324,945.00), 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 this Agreement and Professional’s Compensation Schedule, 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.

ITEM 13.5.

ATTACHMENT 2

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2024-77
Last Revised January 2022
Professional Services Agreement between June 3, 2024
City of Rancho Cordova and Kittelson & Associates, Inc. Page 2 of 20 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.

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, ITEM 13.5.

ATTACHMENT 2

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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 the amount specified in the Exhibit B fee schedule. 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.

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 ITEM 13.5.

ATTACHMENT 2

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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 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.

ITEM 13.5.

ATTACHMENT 2

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City of Rancho Cordova and Kittelson & Associates, Inc. Page 5 of 20

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

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

a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.

b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

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

e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.

ITEM 13.5.

ATTACHMENT 2

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City of Rancho Cordova and Kittelson & Associates, Inc. Page 6 of 20

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.

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.

ITEM 13.5.

ATTACHMENT 2

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City of Rancho Cordova and Kittelson & Associates, Inc. Page 7 of 20

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 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:

▪ 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 ITEM 13.5.

ATTACHMENT 2

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City of Rancho Cordova and Kittelson & Associates, Inc. Page 8 of 20

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.

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 ITEM 13.5.

ATTACHMENT 2

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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 and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the ITEM 13.5.

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foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

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

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

Section 8. TERMINATION AND MODIFICATION.

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.

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8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

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

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

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.

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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.

Section 10 MISCELLANEOUS PROVISIONS.

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

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

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

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

Amanda Leahy
c/o Kittelson & Associates
155 Grand Ave, Ste 505
Oakland, CA 94612
Email Address (for Insurance Update Requests)
[email protected]
Phone: 510-433-8058

Any written notice to City shall be sent to:

Drew Hart
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Email: [email protected]
Phone: 916-851-8958

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10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

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

Section 11 FUNDING PROVISIONS.

11.1 Prohibition of Expending City, State, or Federal Funds for Lobbing.

11.1.1 Professional certifies to the best of his or her knowledge and belief that:

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

(b) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an ITEM 13.5.

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officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Professional shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

11.1.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. 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.

11.1.3 Professional also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

11.2 Statement of Compliance

11.2.1 Professional’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Professional has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

11.2.2 During the performance of this Agreement, Professional and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Professional and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Professional and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Professional and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

11.2.3 If any federal funding is used for this project:

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(a) The Professional shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

(b) The Professional, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Professional shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Professional shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S.

DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

11.3 Rebates, Kickbacks or other Unlawful Consideration. Professional warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

11.4 Debarment and Suspension Certification.

11.4.1 Professional’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Professional has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

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11.4.2 Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Professional responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

11.4.3 Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

11.5 Evaluation of Professional. Professional’s performance will be evaluated by City. A copy of the evaluation will be sent to Professional for comments. The evaluation together with the comments shall be retained as part of the contract record.

11.6 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Professional hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Professional within the immediately preceding two-year period, because of Professional’s failure to comply with an order of a federal court that orders Professional to comply with an order of the National Labor Relations Board.

11.7 Equipment Purchase.

11.7.1 Prior authorization in writing, by Contract Administrator shall be required before Professional enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Professional’s services.

Professional shall provide an evaluation of the necessity or desirability of incurring such costs.

11.7.2 For purchase of any item, service or consulting work not covered in Professional’s Cost Proposal and exceeding $5,000 prior authorization by Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

11.7.3 Any equipment purchased as a result of this contract is subject to the following:
“Professional shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Professional may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Professional elects to keep the equipment, fair market value shall be determined at Professional’s expense, on the basis of a competent independent appraisal of such equipment.

Appraisals shall be obtained from an appraiser mutually agreeable to by City and Professional, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.” 2 CFR, Part 200 ITEM 13.5.

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