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Section 3. COMPLETION. Said work shall be completed and ready for acceptance.
Section 4. PAYMENT . Attached hereto as Exhibit “A” and by reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: Ten million five hundred twenty thousand one hundred five dollars ($10,520,105.00). Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.
Section 5. PREVAILING WAGES. To the extent required by law, Contractor and all of the Contractor’s subcontractors shall comply with California Health and Safety Code Section 33422.1 and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “Prevailing Wage Laws”), and be responsible for carrying out the requirements of such provisions. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations. The Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, and costs and damages of every kind, nature and description (including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the City), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to California Labor Code Section 1770 et seq. and the Prevailing Wage Laws, or any act or omission of the City or the Contractor related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.
ITEM 9.9.
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Section 6. INSURANCE. The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.
Section 7. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which r equire every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 8. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq. and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.
Section 9. INDEMNIFICATION.
9.1 Contractor’s Performance. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor.
The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the ac
tions of Contractor or its employees, subcontractor, or agents have c
ontributed in no part to the injury, loss of life, damage to property, or violation of l
aw. 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.
A
cceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hol
d harmless clause. This indemnification and hold harmless clause shall apply to any
damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9.2 P
ERS 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 ITEM 9.9.
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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.
9.3 SCWA Indemnification. Contractor specifically agrees to assume the defense of, indemnify and hold harmless the Sacramento County Water Agency (Agency) and Agency's elected officials, officers, employees, consultants, and agents from and against all liabilities, actions, damages, claims, losses or expenses of every type or description, including attorneys' and consultants' fees and expenses (collectively "Liabilities"), to which Agency may be subjected or put, by reason of or resulting from the construction or the installation of the facilities and improvements that are the subject of this Contract, except Liabilities arising from the sole negligence, the active negligence, or the willful misconduct of the Agency. This indemnification shall extend to Liabilities occurring after this Contract is terminated as well as while it is in force. Contractor acknowledges that Agency is the third party beneficiary of this provision and that Owner intends to assign any interest it has in this indemnification to Agency.
9.4 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.
Section 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. MISCELLANEOUS PROVISIONS.
12.1 Successors. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.
12.2 Contract Administration. This Agreement shall be administered by Jesse Yabes, ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
12.3 N
otices. Any written notice to Consultant shall be sent to:
B
ruce Daseking, Vice President
1016 North Market Blvd. Suite 20
Sacramento, CA 95834
Em
ail Address [email protected].
A
ny written notice to City shall be sent to:
ITEM 9.9.
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Jesse Yabes
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
12.4 IRS Form W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
12.5 Governing Law and Venue. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.
12.6 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
12.7 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
12.8 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
12.9 Survival. The obligations of this Agreement, which by their nature would continue beyond the term or expiration of this Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.
12.10 Entire Agreement. This Agreement, including the terms of payment attached hereto and incorporated herein as Exhibit A, and the Contract Documents as referenced above in Section 1, of this Agreement, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.
Section 13. REQUIRED CONTRACT PROVISIONS – FHWA 1273 – REVISED OCTOBER 23, 2024, FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards
Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal
Water Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Inel
igibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
A
TTACHMENTS
A. E
mployment and Materials Preference for Appalachian
ITEM 9.9.
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Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each c
onstruction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
em
ergency contracts solely intended for debris removal).
The contractor (or subcontractor) must insert this form in eac
h subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Fo
rm FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The design- builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following s
ections, these contract provisions shall apply to all work performed on the contract by the contractor's own
organization and with the assistance of workers under the c
ontractor's immediate superintendence and to all work
performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Requi
red Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension /
debarment or any other action determi
ned to be
appr
opriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this
contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a F
ederal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S
.C. 114(b). The term Federal-aid highway does not
i
nclude roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
T
he provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
Th
e contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
1. Equal Employment Opportunity: Equal Employment
O
pportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the F
ederal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the fol
lowing statement:
"
It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-
apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the r
esponsibility for and must be capable of effectively
administering and promoting an active EEO program and who m
ust be assigned adequate authority and responsibility to do s
o.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and ITEM 9.9.
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discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office em
ployees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be gi
ven a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to
employees, applicants for employment and potential
employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
4. Recruitment: When advertising for employees, the
c
ontractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All suc h adv
ertisements will be placed in publications having a large c
irculation among minorities and women in the area from
which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bar
gaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for
employment consideration.
b. In the event the contractor has a valid bargaining
agr
eement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the
contractor's compliance with EEO contract provisions.
Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees
to refer minorities and women as applicants for
employment. Information and procedures with regard to
referring such applicants will be discussed with
employees.
5. Personnel Actions: Wages, working conditions, and
em
ployee benefits shall be established and administered,
and personnel actions of every type, including hiring,
upgr
ading, promotion, transfer, demotion, layoff, and
termination, shall be taken without regard to race, color, r
eligion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be fol
lowed:
a. The contractor will conduct periodic inspections of project s
ites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of al
leged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and i
ncreasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and pr
omotion potential of employees who are minorities and
women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good fai
th efforts to obtain the cooperation of such unions to
i
ncrease opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in c
ooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an E
EO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, ITEM 9.9.
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gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the
c
ontractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the
contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
E
mployees with Disabilities: The contractor must be
fam
iliar with the requirements for and comply with the
A
mericans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonabl e ac
commodation in all employment activities unless to do so woul
d cause an undue hardship.
9. Selection of Subcontractors, Procurement of
M
aterials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors ,
i
ncluding procurement of materials and leases of equipment.
T
he contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential
subcontractors, suppliers, and lessors of their EEO
obligations under this contract.
b. The contractor will use good faith efforts to
ens
ure subcontractor compliance with their EEO
obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business
Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not di
scriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.
D
OT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such r
ecords as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of thr
ee years following the date of the final payment to the c
ontractor for all contract work and shall be available at r
easonable times and places for inspection by authorized r
epresentatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the fol
lowing:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
wi
th unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, tr
aining, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. Th
e staffing data should
represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
T
his provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
A
s prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user retrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
T
his section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified ITEM 9.9.
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as Federal-aid highway. 23 U.S.C. 113. This excludes
roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
T
he following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
m
echanics employed or working upon the site of the work
(or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)),
the full amount of basic
hourly wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3( f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section,
provided that:
(i) The work performed by the classification is not
per
formed by a classification in the wage determination for which a prevailing wage rate has been determined;
(ii) The classification is used in the area by the
c
onstruction industry; and
(iii) The wage rate for the classification bears a reasonable r
elationship to the prevailing wage rates contained in the wage determination.
(
2) T
he Administrator will establish wage rates for such
c
lassifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no l
ess than the wage and fringe benefit rate listed on the wage deter
mination for such classification.
c. Conformance. (1) The contracting officer must require that any
class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
r
equested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
c
onstruction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefi
ts, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
s
ubdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be em
ployed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be em
ployed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
ITEM 9.9.
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contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The
contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
W
henever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
pay
ments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Ac t
hav
e been met. The Secretary of Labor may require the
c
ontractor to set aside in a separate account assets for the m
eeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages
required by the contract, the contractor will be
required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon i
ts own action, or must, upon written request of an
authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract that is subject to Davis-Bacon labor
standards requirements and is held by the same prime
contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds
may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with
paragraph
2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation per
formance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. tr
ustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–39 07.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
A
ll regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the nam
e; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of s
ubmission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors ITEM 9.9.
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to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other
methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted m
ust set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and
Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email
addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or
supervises the payment of the persons working on the
contract, and must certify the following:
(i) That the certified payroll for the payroll period
c
ontains the information required to be provided under
paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph
3.a. of this section, and such information and records ar e
c
orrect and complete;
(ii) That each laborer or mechanic (including each
hel
per and apprentice) working on the contract during the
payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not
l
ess than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage
determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly
submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph 3.b.(3) of this section. (5) Signature. The signature by the contractor,
s
ubcontractor, or the contractor's or subcontractor's
agent must be an original handwritten signature or a
legally valid electronic signature.
(6) Falsification. The falsification of any of the above c
ertifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
c
ontractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
di
sclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a
reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(3) Required information disclosures. Contractors and
s
ubcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
ITEM 9.9.
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CONTRACT NO. 2024-82
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a. Apprentices (1) Rate of pay. Apprentices will be
per
mitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA.
A person who is not individually registered in the program, but who has been certified by the OA or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe
benefi
ts in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(4) Reciprocity of ratios and wage rates. Where a
c
ontractor is performing construction on a project in a
locality other than the locality in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being
performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
A
pprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
c
ontractor shall comply with the requirements of 29 CFR part 3, whi
ch are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FH
WA-1273 in any subcontracts, along with the applicable
wage dete
rmination(s) and such other clauses or contract
m
odifications as the contracting agency may by appropriate i
nstructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the ev
ent of any violations of these clauses, the prime
c
ontractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest fr
om the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as
appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract c
lauses in 29 CFR 5.5 may be grounds for termination of the c
ontract, and for debarment as a contractor and a
s
ubcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 ar
e herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 C
FR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved i n
ac
cordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the m
eaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that nei
ther it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S
. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, dem
ote, intimidate, threaten, restrain, coerce, blacklist, harass, or
in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, c
oerce, blacklist, harass, or in any other manner discriminate agai
nst, any worker or job applicant for:
ITEM 9.9.
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CONTRACT NO. 2024-82
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d. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
e. Filing any complaint, initiating or causing to be initiated any
proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
f. Cooperating in any investigation or other compliance ac
tion, or testifying in any proceeding under the DBA,
Related Acts, this part, or 29 CFR part 1 or 3; or
g. Informing any other person about their rights under
the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
P
ursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work
to
wor
k in excess of forty hours in such workweek unless such l
aborer or mechanic receives compensation at a rate not
l
ess than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CF
R 5.5.
2. Violation; liability for unpaid wages; liquidated
d
amages. In the event of any violation of the clause set forth i
n paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpai
d wages and interest from the date of the
under
payment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to su
ch District or to such territory), for liquidated damages.
S
uch liquidated damages shall be computed with respect to eac
h individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CF
R 5.5(b)(2)* for each calendar day on which such
i
ndividual was required or permitted to work in excess of the s
tandard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph
1. of thi
s section.
*
$31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the F
ederal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agenc
y may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety
Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds
withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation per
formance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. tr
ustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–39 07.
4. Subcontracts. The contractor or subcontractor must insert i
n any subcontracts the clauses set forth in paragraphs 1. thr
ough 5. of this section and a clause requiring the
s
ubcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through
5. In the
ev
ent of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the
date
of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and m
ay be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, dem
ote, intimidate, threaten, restrain, coerce, blacklist, harass, or
in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, c
oerce, blacklist, harass, or in any other manner discriminate agai
nst, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker r
easonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated ITEM 9.9.
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CONTRACT NO. 2024-82
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any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance ac
tion, or testifying in any proceeding under CWHSSA or
this part; or
d. Informing any other person about their rights
under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
T
his provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization c
ontract work amounting to not less than 30 percent (or a gr
eater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
s
pecialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's
own
or
ganization (23 CFR 635.116).
a. The term “perform work with its own organization” in par
agraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees
may only be included in this term if the prime contractor meets all of the following conditions: (based on
longstanding interpretation)
(1) the prime contractor maintains control over
the supervision of the day-to-day activities of the
leased employees;
(2) the prime contractor remains responsible for the
quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon whi
ch the requirements set forth in paragraph (1) of Section VI i
s computed includes the cost of material and manufactured pr
oducts which are to be purchased or produced by the
c
ontractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of al
l construction operations (regardless of who performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the c
ontracting officer, or authorized representative, and such c
onsent when given shall not be construed to relieve the c
ontractor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the pr
ime contract. (based on long- standing interpretation of 23 CF
R 635.116).
5. The 30-percent self-performance requirement of paragraph (1) i
s not applicable to design-build contracts; however,
c
ontracting agencies may establish their own self-performance r
equirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
Th
is provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and
pr
otective equipment and take any other needed actions as it deter
mines, or as the contracting officer may determine, to be r
easonably necessary to protect the life and health of
em
ployees on the job and the safety of the public and to protect pr
operty in connection with the performance of the work
covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a c
ondition of each subcontract, which the contractor enters into pur
suant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the c
ontract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and heal
th standards (29 CFR Part 1926) promulgated by the
S
ecretary of Labor, in accordance with Section 107 of the Contr
act Work Hours and Safety Standards Act (40 U.S.C.
3704)
. 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the S
ecretary of Labor or authorized representative
ther
eof, shall have right of entry to any site of contract
per
formance to inspect or investigate the matter of compliance wi
th the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contr
act Work Hours and Safety Standards Act (40 U.S.C.
370
4).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
Th
is provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In or
der to assure high quality and durable construction in
conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or ITEM 9.9.
ATTACHMENT 2
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misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
W
hoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or W
hoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
S
hall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C.
7606; 2
C
FR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.
B
y submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SU
SPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
T
his provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective f
irst tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out bel
ow will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fac
t upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide i
mmediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting thi
s proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a c
ertification of a prospective participant in a lower tier covered ITEM 9.9.
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CONTRACT NO. 2024-82
Page | 16
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website
(https://www.sam.gov/). 2 CFR 180.300, 180.320, and
180.325.
i. Nothing contained in the foregoing shall be construed to r
equire the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of thes
e instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion
– F
irst Tier Participants:
a. The prospective first tier participant certifies to the best of i
ts knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debar
ment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or c
ivilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any
of the statements in this certification, such prospective par
ticipant should attach an explanation to this proposal. 2 CF
R 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(A
pplicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective l
ower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fac
t upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with
whichthis transaction originated may pursue available
remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide i
mmediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a ITEM 9.9.
ATTACHMENT 2
CONTRACT NO. 2024-82
Page | 17
certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management
website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to r
equire establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of thes
e instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available
remedies, including suspension and/or debarment. 2 CFR
180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
In
eligibility and Voluntary Exclusion--Lower Tier
Participants:
a. T
he prospective lower tier participant certifies, by submission of thi
s proposal, that neither it nor its principals:
(
1) i
s presently debarred, suspended, proposed for debarment, dec
lared ineligible, or voluntarily excluded from participating in c
overed transactions by any Federal department or agency, 2 CF
R 180.355;
(
2) i
s a corporation that has been convicted of a felony violation under
any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements)
; and
(
3) i
s a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative r
emedies have been exhausted, or have lapsed, and that is not bei
ng paid in a timely manner pursuant to an agreement with the author
ity responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. W
here the prospective lower tier participant is unable to c
ertify to any of the statements in this certification, such pr
ospective participant should attach an explanation to this proposal.
*
* * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
Th
is provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and s
ubmitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be pai
d, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been pai
d or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon whi
ch reliance was placed when this transaction was made or enter
ed into. Submission of this certification is a prerequisi te for
making or entering into this transaction imposed by 31
U.S
.C. 1352. A n y 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.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the l
anguage of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
r
ecipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
T
his provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
W
hen oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (
computed separately for dry bulk carriers, dry cargo liners, and tank
ers) involved, whenever shipping any equipment,
m
aterial, or commodities pursuant to this contract, to the ex
tent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 wor
king days following the date of loading for shipments
originating outside the United States, a legible copy of a rated, ‘
on-board’ commercial ocean bill-of-lading in English for each s
hipment of cargo described in paragraph (b)(1) of this section to
both the Contracting Officer (through the prime contractor in the c
ase of subcontractor bills-of-lading) and to the Office of ITEM 9.9.
ATTACHMENT 2
CONTRACT NO. 2024-82
Page | 18
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean
Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
AT
TACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as
on-site work, shall give preference to qualified persons who r
egularly reside in the labor area as designated by the DOL wher
ein the contract work is situated, or the subregion, or the A
ppalachian counties of the State wherein the contract work is situated, except:
a. T
o the extent that qualified persons regularly residing in the ar
ea are not available.
b. F
or the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to as
sure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to pr
esent or former employees as the result of a lawful collective bar
gaining contract, provided that the number of nonresident per
sons employed under this subparagraph (1c) shall not
ex
ceed 20 percent of the total number of employees employed by
the contractor on the contract work, except as provided in s
ubparagraph (4) below.
2. T
he contractor shall place a job order with the State
E
mployment Service indicating (a) the classifications of the l
aborers, mechanics and other employees required to perform the c
ontract work, (b) the number of employees required in each c
lassification, (c) the date on which the participant estimates such em
ployees will be required, and (d) any other pertinent
i
nformation required by the State Employment Service to
c
omplete the job order form. The job order may be placed with the S
tate Employment Service in writing or by telephone. If during the c
ourse of the contract work, the information submitted by the c
ontractor in the original job order is substantially modified, the par
ticipant shall promptly notify the State Employment Service.
3. T
he contractor shall give full consideration to all qualified job appl
icants referred to him by the State Employment Service. The c
ontractor is not required to grant employment to any job appl
icants who, in his opinion, are not qualified to perform the c
lassification of work required.
4. If, wi
thin one week following the placing of a job order by the c
ontractor with the State Employment Service, the State
E
mployment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State E
mployment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be m
ade a part of the contractor's permanent project records. Upon r
eceipt of this certificate, the contractor may employ persons who do not nor
mally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (
1c) above.
5. The provisions of 23 CFR 633.207(e) all ow the
c
ontracting agency to provide a contractual preference for the use of m
ineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 thr
ough 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
SIGNATURE PAGE FOLLOWING
ITEM 9.9.
ATTACHMENT 2
CONTRACT NO. 2024-82
P
age | 19
IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.
CITY OF RANCHO CORDOVA MCGUIRE & HESTER, INC.
Micah Runner, City Manager Bruce Daseking, Vice President ______
Date Date
A
ttest:
Stacy Leitner, CMC, City Clerk
Date
A
pproved as to Form:
Adam U. Lindgren, City Attorney
Date
ITEM 9.9.
ATTACHMENT 2
EXHIBIT A
SCHEDULE OF QUANTITIES
Line Item Description Quantity Unit of Measure Unit Cost Total 1 MOBILIZATION 1 LS $500,000.00 $500,000.00
2 PROJECT FUNDING SIGN 2 EA $800.00 $1,600.00
3 TRAFFIC CONTROL SYSTEM 1 LS $753,001.80 $753,001.80
4 CONSTRUCTION STAKING 1 LS $30,000.00 $30,000.00
5 STORM WATER POLLUTION PREVENTION PLAN AND 1 LS $16,000.00 $16,000.00 6 CLEARING AND GRUBBING 1 LS $45,000.00 $45,000.00
7 REMOVE TREE 2 EA $2,500.00 $5,000.00
8 REMOVE FENCE 220 LF $14.00 $3,080.00
9 REMOVE ROAD DETECTOR HANDHOLE 14 EA $1,100.00 $15,400.00 10 REMOVE CONCRETE 1640 SQYD $60.00 $98,400.00
11 REMOVE CONCRETE MEDIAN CURB 16560 LF $3.70 $61,272.00 12 REMOVE STORM DRAIN PIPE ‐ 30" 1390 LF $50.00 $69,500.00 13 REMOVE STORM DRAIN PIPE ‐ 42" 550 LF $62.00 $34,100.00 14 REMOVE
STORM DRAIN MANHOLE 8 EA $3,500.00 $28,000.00
15 REMOVE DRAINAGE INLET 10 EA $1,050.00 $10,500.00
16 RESET GRATE, FRAME, AND HOOD 3 EA $3,200.00 $9,600.00 17 ADJUST PULLBOX TO GRADE 63 EA $350.00 $22,050.00
18 ADJUST STORM DRAIN MANHOLE FRAME AND COVER TO GRADE 26 EA $1,500.00 $39,000.00 19 ADJUST SANITARY SEWER MANHOLE FRAME AND COVER TO GRADE 16 EA $1,500.00 $24,000.00 20 ADJUST GAS VALVE BOX TO GRADE 2 EA $1,000.00 $2,000.00 21 ADJUST WATER VALVE BOX TO GRADE 38 EA $1,000.00 $38,000.00 22 EXPLORATORY
EXCAVATION 1 LS $80,000.00 $80,000.00
23 RELOCATE WATER VALVE 4 EA $4,000.00 $16,000.00
24 LOWER WATER SERVICE 2 EA $5,500.00 $11,000.00
25 LOWER WATER CROSSING (UTILITY CROSSING) 3 EA $10,000.00 $30,000.00 26 ROADWAY EXCAVATION AND GRADING 3465 CY $98.00 $339,570.00 27 UNSUITABLE MATERIAL EXCAVATION AND BACKFILL (CONTINGENCY) 100 CY $190.00 $19,000.00 28 GEOTEXTILE FABRIC (CONTINGENCY) 2000 SF $.60 $1,200.00 29 CLASS 2 AGGREGATE BASE 693 CY $195.00 $135,135.00
30 RUBBERIZED HOT MIX ASPHALT‐GAP GRADED 8020 TON $150.00 $1,203,000.00 31 HOT MIX ASPHALT (TYPE A) 1850 TON $260.00 $481,000.00 32 COLD IN PLACE RECYCLING ASPHALT 71250 SQYD $14.50 $1,033,125.00 33 EMULSIFIED
RECYCLING AGENT 440 TON $850.00 $374,000.00
34 CEMENT (ADDITIVE) 80 TON $225.00 $18,000.00
35 COLD PLANE ASPHALT CONCRETE PAVEMENT ‐ 1.5" 71250 SQYD $2.50 $178,125.00 36 COLD PLANE ASPHALT CONCRETE PAVEMENT ‐ 3" 6740 SQYD $9.25 $62,345.00 37 COLD PLANE ASPHALT CONCRETE PAVEMENT ‐ 4" 410 SQYD $10.00 $4,100.00 38 MICROSURFACING, TYPE II 35820 SQYD $3.80 $136,116.00 39 FURNISH AND INSTALL DROP INLET TYPE B 6 EA $6,600.00 $39,600.00 40 FURNISH AND INSTALL DROP INLET TYPE J 6 EA $8,400.00 $50,400.00 41 FURNISH AND INSTALL 12" STORM DRAIN INLET LATERAL 10 LF $1,330.00 $13,300.00 42 FURNISH
AND INSTALL 36" REINFORCED CONCRETE PIPE 1360 LF $560.00 $761,600.00 43 FURNISH AND INSTALL 48" REINFORCED CONCRETE PIPE 550 LF $980.00 $539,000.00 44 FURNISH AND INSTALL 72" STANDARD PRECAST CONCRETE DRAINAGE MANHOLE 1 EA $20,000.00 $20,000.00
45 FURNISH AND INSTALL 84" STANDARD PRECAST CONCRETE DRAINAGE MANHOLE 8 EA $21,500.00 $172,000.00
46 PCC SIDEWALK 9820 SQFT $12.50 $122,750.00
47 PCC CURB RAMP 2760 SQFT $24.50 $67,620.00
48 PCC DRIVEWAY ‐ TYPE A 420 SQFT $17.50 $7,350.00
49 PCC CURB & GUTTER (TYPE 1A) 180 LF $77.00 $13,860.00 50 PCC
CURB & GUTTER (TYPE 2) 1230 LF $71.00 $87,330.00
51 PCC CURB & GUTTER (TYPE 2)‐MODIFIED 340 LF $68.00 $23,120.00 52 PCC CURB (TYPE 5) 16220 LF $34.75 $563,645.00
53 DETECTABLE WARNING SURFACE 240 SQFT $84.50 $20,280.00 54 FURNISH AND INSTALL DECORATIVE METAL FENCE 204 LF $810.00 $165,240.00 55 TRAFFIC STRIPE ‐ DETAIL 12 50270 LF $1.00 $50,270.00 56 TRAFFIC STRIPE ‐ DETAIL 21 20 LF $3.15 $63.00
57 TRAFFIC STRIPE ‐ DETAIL 22 310 LF $3.15 $976.50
Contract 2024-82 Exhibit A, Page 1 of 2.
ITEM 9.9.
ATTACHMENT 2
EXHIBIT A
SCHEDULE OF QUANTITIES
Line Item Description Quantity Unit of Measure Unit Cost Total 58 TRAFFIC STRIPE ‐ DETAIL 23 30 LF $2.00 $60.00
59 TRAFFIC STRIPE ‐ DETAIL 26 25650 LF $.60 $15,390.00
60 TRAFFIC STRIPE ‐ DETAIL 27B 1030 LF $1.55 $1,596.50
61 TRAFFIC STRIPE ‐ DETAIL 38 4180 LF $2.50 $10,450.00
62 TRAFFIC STRIPE ‐ DETAIL 38A 1300 LF $2.50 $3,250.00
63 TRAFFIC STRIPE ‐ DETAIL 38C 50 LF $2.50 $125.00
64 TRAFFIC STRIPE ‐ DETAIL 40 440 LF $2.00 $880.00
65 PAVEMENT MARKING 3480 SQFT $6.00 $20,880.00
66 FURNISH AND INSTALL ROADSIDE SIGN ‐ SINGLE POST 5 EA $490.00 $2,450.00 67 MEDIAN NOSE 8 EA $400.00 $3,200.00
68 STAMPED AND COLORED CONRETE PAVEMENT 25643 SQFT $25.50 $653,896.50 69 COBBLE PAVEMENT 9655 SQFT $19.00 $183,445.00
70 IRRIGATION ‐
RAIN SENSOR 3 EA $260.00 $780.00
71 IRRIGATION ‐ 18 STATION IRRIGATION CONTROLLER AND ENCLOSURE 3 EA $16,000.00 $48,000.00 72 IRRIGATION ‐ 1.5" IRRIGATION SERVICE, METER BOX ASSEMBLY, BACKFLOW PREVENTER
AND ENCLOSURE 2 EA $8,800.00 $17,600.00
73 IRRIGATION ‐ BOOSTER PUMP 2 EA $39,000.00 $78,000.00 74 IRRIGATION ‐ SLEEVING 1400 LF $74.00 $103,600.00
75 IRRIGATION ‐ 3" SCHEDULE 40 PVC MAINLINE 1015 LF $8.80 $8,932.00 76 IRRIGATION ‐ 2 ‐ 1/2" SCHEDULE 40 PVC MAINLINE 2005 LF $7.50 $15,037.50 77 IRRIGATION ‐ 2" SCHEDULE 40 PVC MAINLINE 1730 LF $6.60 $11,418.00 78 IRRIGATION ‐ 1 ‐ 1/2" SCHEDULE 40 PVC MAINLINE 755 LF $5.50 $4,152.50 79 IRRIGATION ‐
1 ‐ 1/4" SCHEDULE 40 PVC MAINLINE 1235 LF $2.20 $2,717.00 80 IRRIGATION ‐ 1" SCHEDULE 40 PVC MAINLINE 300 LF $1.65 $495.00 81 IRRIGATION ‐ 1" CLASS 200 PVC LATERAL LINE 15350 LF $4.40 $67,540.00 82 IRRIGATION ‐ 3/4" CLASS 200 PVC LATERAL LINE 1220 LF $3.30 $4,026.00 83 IRRIGATION ‐ 1/2" CLASS 200 PVC LATERAL LINE 180 LF $2.20 $396.00 84 IRRIGATION ‐ MASTER VALVE 2 EA $1,600.00 $3,200.00
85 IRRIGATION ‐ FLOW SENSOR 2 EA $1,400.00 $2,800.00
86 IRRIGATION ‐ GATE VALVE 3 EA $990.00 $2,970.00
87 IRRIGATION ‐
QUICK COUPLING VALVE 12 EA $455.00 $5,460.00
88 IRRIGATION ‐ AUTOMATIC CONTROL VALVE (FOR TREES) 11 EA $690.00 $7,590.00 89 IRRIGATION ‐ AUTOMATIC CONTROL VALVE (FOR SHRUBS) 20 EA $700.00 $14,000.00 90 IRRIGATION ‐ DRIP SYSTEM 30415 SQFT $.97 $29,502.55
91 IRRIGATION ‐ TREE RINGS ‐ PROPOSED TREES 45 EA $39.00 $1,755.00 92 IRRIGATION ‐ TREE RINGS ‐ EXISTING TREES 173 EA $55.00 $9,515.00 93 IMPORTED TOPSOIL 2306 CY $49.00 $112,994.00
94 SOIL AMENDMENTS 31135 SQFT $.75 $23,351.25
95 ROOT CONTROL BARRIER 1080 LF $13.20 $14,256.00
96 PLANTING ‐ TREES, 24" BOX 12 EA $490.00 $5,880.00
97 PLANTING ‐ TREES, 15 GALLON 33 EA $175.00 $5,775.00
98 PLANTING ‐
SHRUBS, 5 GALLON 1152 EA $30.00 $34,560.00
99 PLANTING ‐ SHRUBS, 2 GALLON 355 EA $30.00 $10,650.00 100 PLANTING ‐ SHRUBS, 1 GALLON 1108 EA $18.50 $20,498.00 101 WOOD MULCH 54626 SQFT $.65 $35,506.90
102 90‐DAY LANDSCAPE MAINTENANCE PERIOD 1 LS $6,900.00 $6,900.00 103 SIGNAL MODIFICATION (SUNRISE BLVD/DOUGLAS RD) 1 LS $46,600.00 $46,600.00 104 SIGNAL MODIFICATION (SUNRISE BLVD/MECHANICAL DR) 1 LS $46,700.00 $46,700.00 105 SIGNAL MODIFICATION (SUNRISE BLVD/FITZGERALD RD) 1 LS $43,500.00 $43,500.00 106 SIGNAL MODIFICATION (SUNRISE BLVD/INTERNATIONAL RD) 1 LS $47,700.00 $47,700.00 107 ELECTRICAL SERVICE FOR IRRIGATION AND BOOSTER PUMP (POC #1) 1 LS $62,700.00 $62,700.00 108 ELECTRICAL
SERVICE FOR IRRIGATION AND BOOSTER PUMP (POC #2) 1 LS $21,800.00 $21,800.00 Total $10,520,105.00
Contract 2024-82 Exhibit A, Page 2 of 2.
ITEM 9.9.
ATTACHMENT 2
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Sunrise Blvd Rehabilitation Phase 2
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ITEM 9.9.
ATTACHMENT 3
ITEM 9.9.
ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.10.
DATE: June 17, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Edgar Medina, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-299-04 TO INCREASE THE
CONTRACT AMOUNT BY $48,590 TO AN AMOUNT NOT TO EXCEED
$443,768 WITH WOOD RODGERS INC. FOR ENGINEERING DESIGN
AND RIGHT OF WAY ACQUISITION SUPPORT SERVICES FOR THE
WHITE ROCK ROAD PHASE 3 - 0.5 MILE EAST OF RANCHO
CORDOVA PARKWAY TO THE CITY LIMITS PROJECT
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2021-299-04 with Wood Rodgers, Inc. to increase the contract amount to an amount not to exceed $443,768 for engineering design and right-of-way support services for the final phase of the White Rock Road Phase 3 - 0.5 mile east of Rancho Cordova Parkway to the City Limits Project, CP22-2228.
BACKGROUND
White Rock Road from just east of Macal Drive to the City limits is currently an undivided two- lane road with narrow shoulders, no bicycle facilities, and poor pavement condition with vertical and horizontal alignment challenges. At full build-out, White Rock Road will include six lanes with class II bicycle lanes, sidewalks, and landscaped median and frontage. In the interim, the road will be four lanes with bike lanes, a landscaped median, storm water facilities, and traffic signals.
This project will facilitate housing development along White Rock Road within the approved Rio del Oro Specific Plan and Westborough Specific Plan. The project will increase safety and beauty of the corridor, promote economic development by improving access to between 70,000 existing jobs in Rancho Cordova and 24,000 new jobs from adjacent developments, and provide an alternate route to U.S. 50 that relieves regional congestion.
The road segment of White Rock from Fitzgerald Road to 0.5 mile east of Rancho Cordova Parkway was completed in 2022. This phase of White Rock Road will continue the four lane
City Council Staff Report - Page 2 of 2
road section from 0.5 mile east of Rancho Cordova Parkway to the City’s easterly limits (Attachment 2 - Project Limits).
To date, the City has received environmental approvals, successfully secured $9.5 million in state and federal grants, and is aggressively pursuing additional funding. Wood Rodgers, Inc. performed preliminary engineering on the project for the entire corridor and, therefore, was selected to complete the final design on all phases of the corridor which will maximize efficiency and minimize re-work. Upon completion of the preliminary phase of the project, the City executed separate design contracts to leverage available budget, fund types, grants and schedules associated with different segments of the corridor.
This design contract covers the final segment along the White Rock Road corridor and, to date, has had three prior amendments approved to align design modifications, right-of-way acquisitions and county coordination with the level of effort.
The proposed amendment to Contract No. 2021-299-04 will complete the final design of the four-lane road segment, drainage modifications to the 1 mile of White Rock Road and reconstruct the remaining segment of roadway to the easterly City limits. Also, this amendment includes a grant writing service task as we prepare for the next round of state and federal funding opportunities for transportation projects.
This final segment of White Rock has an estimated project cost of $12.5 million, which is offset by the $9.5 million in grants that have been awarded to the project. The preliminary schedule for completion of final design and acquisitions towards the end of 2024 with an anticipated construction start in Summer 2025.
FISCAL IMPACT AND FUNDING SOURCE
Funding for White Rock Road Phase 3 - Macal Drive to City Limits consists of $5,500,000 in SACOG Regional Grant, $4,000,000 Congressional Direct Spending Funds, and Traffic Mitigation Impact Fees. There are no impacts to the City's General Fund.
This project is included in the City’s current approved Capital Improvement Plan and in the 2023/24 budget.
ATTACHMENT(S)
1. Resolution
2. Project Limits
3. Contract 2021-299-04 - Wood Rodgers
ITEM 9.10. 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. 2021-299-04 TO INCREASE THE CONTRACT AMOUNT TO AN AMOUNT NOT TO EXCEED $443,768 WITH WOOD RODGERS, INC. FOR THE ENGINEERING
DESIGN & RIGHT OF WAY ACQUISITIONS SUPPORT SERVICES FOR THE WHITE ROCK ROAD PHASE 3 - 0.5 MILE EAST OF RANCHO CORDOVA PARKWAY
TO THE CITY LIMITS
WHEREAS, on October 4, 2021, City Council approved Contract No. 2021-299 with Wood Rodgers, Inc. in the amount of $364,250 for engineering design and right of way acquisition support services for White Rock Road Phase 3 - 0.5 Mile East of Rancho Cordova Parkway to the City Limits Project, CP22-2228; and
WHEREAS, on November 1, 2022, the City approved Administrative Amendment No. 2021-299-01 to reallocate available budget within the original contract amount to Task 5 - Grant Application Support; and
WHEREAS, on March 6, 2023, the City approved Administrative Amendment No. 2021-299-02 to reallocate the available budget within the original contract amount to Task 2 - Final Design; and
WHEREAS, on January 16, 2024, the City approved Contract Amendment No. 2021-299-03, that increased the contract amount by $30,928 to an amount not to exceed $395,178 for final engineering design and right of way acquisition services; and
WHEREAS, the proposed Contract Amendment No. 2021-299-04 will increase the contract amount by $48,590 to an amount not to exceed $443,768 for final engineering design, drainage modifications, right of way acquisition and grant writing services; and
WHEREAS, this project was reviewed under the requirements of the California Environmental Quality Act and National Environmental Policy Act and Initial Study with Mitigated Negative Declaration/Environmental Assessment with Finding of No Significant Impact and Section 4(f) Evaluation was approved in January 2016 and re-validated in September 2020; and
WHEREAS, funding for the final phase of the White Rock Road Safety and Beautification Project currently consists of a $5,500,000 Sacramento Area Council of Governments (SACOG) Regional Grant, $4,000,000 Congressional Direct Spending Funds, Sacramento Water Agency Funds and Traffic Mitigation Impact Fees. The contract does not impact the City’s General Fund.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2021-299- 04 to Increase the contract amount by $48,590 to an amount not to exceed $443,768 with Wood Rodgers, Inc., in a form approved by the City Attorney.
ITEM 9.10. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
Attachment 2 – Project Limits
White Rock Road Project
Sunrise Blvd
Phase 1
WRR: Sunrise Blvd to
Fitzgerald Road
Construction Completed
December 2023
Phase 2
WRR: Fitzgerald Road to 0.5 Mile East of
Rancho Cordova Parkway
Construction Completed
December 2022
Phase 3
White Rock Road – 0.5 Mile east of Rancho
Cordova Parkway to Easterly City Limits
Design Completion - End of 2024
ITEM 9.10.
ATTACHMENT 2
CONTRACT NO. 2021-299-04
Fourth Amendment to Professional Services Agreement between Page 1 of 5 City of Rancho Cordova and Wood Rodgers, Inc.
FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF RANCHO CORDOVA AND WOOD RODGERS, INC. FOR
ENGINEERING DESIGN AND RIGHT OF WAY ACQUISITION SERVICES FOR THE WHITE ROCK ROAD PHASE 3 – 0.5 MILE EAST OF RANCHO CORDOVA PARKWAY TO THE CITY LIMITS PROJECT, CP22-2228
T
his Fourth Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Wood Rodgers Inc. (“Professional ”) as of June 17, 2024. City and Professional are hereinafter collectively referred to as the "Parties." RE
CITALS
W HEREAS , the Parties entered into a Professional Services Agreement (“P SA”) dated October 4, 2021 for the purpose of providing engineering design and right of way acquisition services for Phase 2 of the White Rock Road Safety and Beautification Project; and W HEREAS , on November 1, 2022, the City approved administrative amendment 2021- 299- 01 to reallocate available budget within the original contract amount to Task 5 - Grant Application Support; and
WHEREAS, on March 6, 2023, the City approved administrative amendment 2021-299-02 to reallocate available budget within the original contract amount to Task 2 - Final Design; and W
HEREAS, on January 16, 2024, the City approved contract amendment 2021- 299-03 to increase the contract amount by $30,928.00 to an amount not to Exceed $395,178.00 for Design and Right of Way Services; and
W
HEREAS, the proposed contract amendment 2021- 299-04 will increase the contract amount by $48,590 to an amount not to exceed $443,768 for final engineering design, drainage modifications, right of way acquisition and grant writing services; and WHEREAS, the Parties agree that changes to the term and services provided for in the P SA are necessary in order for the City to continue receiving services by Professional.
NO W, THEREFORE , the Parties hereto agree as follows:
AG
REEMENT
1. The Parties agree to modify the document entitled “Scope of Services,” attached hereto as Exhibit A, shall replace and supersede the PSA's Exhibit A.
2. The Parties agree to modify the document entitled “Fee Proposal,” attached hereto as Exhibit B, shall replace and supersede the PSA's Exhibit B.
3. All other terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.
ITEM 9.10.
ATTACHMENT 3
CONTRACT NO. 2021-299-04
Fourth Amendment to Professional Services Agreement between Page 2 of 5 City of Rancho Cordova and Wood Rodgers, Inc.
4. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
5. Contract Administration. This Agreement shall be administered by Mr. Edgar Medina, P.E. ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
Notices. A
ny written notice to Professional shall be sent to:
Wood Rodgers, Inc.
Attention: Mark Rayback, P.E. President, Project Manager Email Address (for Insurance Update Requests):
[email protected]
Any written notice to City shall be sent to:
City of Rancho Cordova, Dept. of Public Works
Attention: Edgar Medina, P.E.
2729 Prospect Park Drive
Rancho Cordova, Ca. 95670
[email protected]
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.
CITY OF RANCHO CORDOVA WOOD RODGERS, INC.
PROFESSIONAL
____________________________ ______________________________ Micah Runner, City Manager Mark Rayback, President
Date:__________________ Date:__________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
____________________________
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 9.10.
ATTACHMENT 3
CONTRACT NO. 2021-299-04
Fourth Amendment to Professional Services Agreement between Page 3 of 5 City of Rancho Cordova and Wood Rodgers, Inc.
EXHIBIT A
SCOPE OF SERVICES
ITEM 9.10.
ATTACHMENT 3
CONTRACT NO. 2021-299-04
Fourth Amendment to Professional Services Agreement between Page 4 of 5 City of Rancho Cordova and Wood Rodgers, Inc.
ITEM 9.10.
ATTACHMENT 3
CONTRACT NO. 2021-299-04
Fourth Amendment to Professional Services Agreement between Page 5 of 5 City of Rancho Cordova and Wood Rodgers, Inc.
EXHIBIT B
FEE PROPOSAL
ITEM 9.10.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.11.
DATE: June 17, 2024
TO: Honorable Mayor and Council Members
FROM: Michelle Mingay, Finance Manager
SUBJECT: A RESOLUTION ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would establish an Appropriations Limit for Fiscal Year 2024-25 in the amount of $106,747,737.
BACKGROUND
State law requires the City of Rancho Cordova (the City) set an Appropriations Limit (also known as the “GANN Limit”) after budget adoption each Fiscal Year (FY), in accordance with Section 1.5 of Article XIIIB of the California Constitution. The Appropriations Limit is increased each year by a formula that uses a combination of percent changes in the Statewide Per Capita Income (PCI), city or county population, and the City non‐residential assessed valuation. The factors can be used in combination to provide the greatest increase or least decrease in the annual Appropriations Limit. The State Department of Finance provides the PCI and population growth rates. The County Assessor provides the non‐residential assessed valuation information.
The Appropriations Limit creates a restriction on the amount of government revenue which may be appropriated in any fiscal year. An appropriation is a formal authorization by the City Council to spend funds and the limit only applies to appropriations that are “proceeds of taxes,” as defined by the law and statewide reporting guidelines. The limit is based on actual appropriations during the base year and increases each year using specified growth factors.
Appropriations for debt service and capital outlay are excluded from the calculation. The FY 2024-25 Appropriations Limit shows an increase from the prior year due to a rise in the Statewide PCI of 3.62% in combination with a 0.62% increase in the City’s population growth rate. This resulted in a combined increase of 4.26%. The FY 2024-25 Article XIIIB Appropriations Limit Calculation Worksheets and supporting documents are included as Exhibit A to the Resolution (Attachment 2).
FISCAL IMPACT AND FUNDING SOURCE
City Council Staff Report - Page 2 of 2
The Appropriations Limit for FY 2024-25 has been calculated to be $106,767,737. This represents the maximum amount of appropriations from tax proceeds that can be budgeted by the City for the current fiscal year. Budgeted appropriations subject to limitation are determined to be $72,597,847, as shown on Exhibit A (Attachment 2), Worksheet No. 1. This represents the appropriations from tax proceeds approved in the FY 2024-25 budget. The current year budgeted appropriations are approximately 68 percent of the allowable limit, indicating that the City’s approved budget is well within the limits set by State law.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution - GANN Calculation
ITEM 9.11. 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, ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
AND MAKING THE ANNUAL ELECTION FOR ADJUSTMENT FACTORS PURSUANT TO
ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, the people of California on November 6, 1978, added Article XIIIB to the State Constitution placing various limitations on the appropriations of state and local governments; and
WHEREAS, the people of California on June 5, 1990, amended Article XIIIB effective July 1, 1990; and
WHEREAS, the provisions of the amendments have been interpreted by a coalition of statewide organizations, and the organizations have issued, through the League of California Cities, revised guidelines to calculate the appropriations limit based on changes in the cost of living, population, and other specified factors; and
WHEREAS, pursuant to Section 7900 et seq. of the Government Code and the California Constitution, cities are required to adopt a Resolution setting an annual appropriations limit at a regularly scheduled meeting or a noticed special meeting; and
WHEREAS, the City of Rancho Cordova has complied with the provisions of Article XIIIB in calculating the Appropriations Limit for Fiscal Year 2024-25.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does adjust the City’s appropriations limit by the growth in City population and the increase in the per capital personal income for the State of California to determine its appropriations limit of $106,747,737 for Fiscal Year 2024-25.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
SCHEDULE NO. 1
USER FEES VERSUS COSTS
Planning
Services
Building &
Safety
Engineering
Fees Legal Fees FY 2024 - 2025
Fiscal Year
COSTS REASONABLY BORNE 2,227,967$ 3,068,125$ 7,307,115$ 950,000$ 13,553,208$ FEES 667,000 4,211,000 6,072,000 120,000 11,070,000
AMOUNT OF FEE REVENUE
LESS THAN COST (1,560,967)$ 1,142,875$ (1,235,115)$ (830,000)$ (2,483,208)$
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
P:\Finance\GANN Limit\24.25\FY24.25 Worksheet User Fees #1 6/10/2024 2:25 PM ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 2
Subject Not Subject Subject Not Subject Subject Not Subject Subject Not Subject Property Taxes 25,129,969$ -$ -$ -$ -$ -$ 25,129,969$ -$ Property Taxes In Lieu - - - - - - - - Sales Taxes 48,202,415 - - - - - 48,202,415 - Other Taxes: - -
Garbage Franchise Fee - 1,886,000 - - - - - 1,886,000 Cable Franchise Fee - 500,000 - - - - - 500,000 PG&E Franchise Fee - 192,500 - - - - - 192,500 Other Franchise - 189,000 - - - 189,000 Property Transfer Tax 450,000 - - - - - 450,000 - Police Tax 2,471,083 - - - - - 2,471,083 - Utility User Tax 3,660,000 - - - - - 3,660,000 - Transient Occupancy Tax 4,375,000 - - - - - 4,375,000 - Other Taxes 150,000 - - - - - 150,000 - TOTAL TAXES 84,438,467 2,767,500 - - - - 84,438,467 2,767,500 From State:
Motor Vehicle In Lieu 75,000 - - - - 75,000 - Gas Tax - - - 1,915,600 - - - 1,915,600 RMRA - - - 1,736,900 - - - 1,736,900 Homeowners Relief 100,000 - - - - - 100,000 - TDA - - 68,000 - 68,000 - SB 90 Reimbursements - 20,000 - - - - - 20,000 Sub-Total 175,000 20,000 68,000 3,652,500 - - 243,000 3,672,500 Other Intergovernmental - 342,107 - - - 342,107 Measure A Sales Tax - - - 2,801,200 - 2,801,200 CDBG Block Grant - - - - - - - - Grants - - - 26,091,000 - - - 26,091,000 Sub-Total Other Intergovt'l - 342,107 - 28,892,200 - - - 29,234,307 Locally Raised:
Sp. Benefit - Assmt. Districts - - - 3,723,200 - - - 3,723,200 Zinfandel Impact Fees - - - - - - - - Comm. Fac. Fee - - - 2,320,000 - - - 2,320,000 CFF - Library - - - - - - - - Traffic Impact Fees - - - 3,141,500 - - - 3,141,500 Storm Drain Impact Fees - - - 2,052,000 - - - 2,052,000 Park Renovation Fees - - - 705,000 - - - 705,000 Community Places Fees - - - 157,300 - - - 157,300 Local Housing Trust - - - 1,045,000 - - - 1,045,000 Low & Moderate Income Housing Ass - - - - - - - - Sunrise Douglas Impact - - - 5,483,500 - - - 5,483,500 Suncreek Specific Plan Impact - - - 1,391,000 - - - 1,391,000 General Plan Impact - - - 150,000 - - - 150,000 Capital Village Park - - - - - - - Mather Field Impact - - - - - - - - Roadway Improvement Fund - - - 586,200 - - - 586,200 Storm Water Utility Tax - - - - - - - - Licenses Permits & Fees - 760,000 - 20,000 - - - 780,000 Fines/Forfeitures & Penalties - 935,050 - - - - - 935,050 Rents - 90,000 - - - - - 90,000 Charges for Services - 784,804 - - - - - 784,804 Transfers In - 2,533,850 - - - 7,561,054 - 10,094,904 Other - - - 47,900 - - - 47,900 Sub-Total Locally Raised - 5,103,704 - 20,822,600 - 7,561,054 - 33,487,358 TOTAL ALL FUNDS 84,613,467$ 8,233,311$ 68,000$ 53,367,300$ -$ 7,561,054$ 84,681,467$ 69,161,665$
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
ALLOCATION OF TAXES
General Fund Special Revenue Fund Internal Service Fund Total ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 3
Amount Source
A. Non-Interest Tax Proceeds 84,681,467$ Worksheet # 2 B. Minus Exclusions 12,961,441 Worksheet # 7
C. Net Invested Taxes 71,720,026 ( A-B )
D. Total Non-Interest Budget 80,231,665 Worksheet # 2 E. Tax Proceeds as % of Budget 89.39% ( C/D )
F. Interest Earnings 982,000 Budget
G. Amount of Interest Earned from Taxes 877,821$ ( E*F ) H. Amount of Interest Earned from Non-Taxes 104,179$ ( F-G )
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
INTEREST EARNINGS PRODUCED BY TAXES
ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 4
Amount Source
A. Proceeds of Taxes 85,559,288$ Schedule No. 8
B. Exclusions 12,961,441 Schedule No. 7
C. Appropriations Subject to Limitation 72,597,847 ( A-B ) D. Current Year Limitation 106,747,737 Schedule No. 6 E. Over/(Under) Limit (34,149,889)$ ( C-D )
APPROPRIATIONS SUBJECT TO LIMITATION
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 5
Amount Source
A. Last Year's Limit 102,383,689$ Voter Approved
B. Adjustment Factors
1. Growth in Rancho Cordova Population 1.0062 State Finance
2. Growth in California Per Capita Income 1.0362 State Finance Total Adjustment % 1.0426 ( B1 * B2 )
C. Annual Adjustment $ 4,364,047 ( B*A)
D. Other Adjustments
Lost Responsibility (-) -
Transfer to Private (-) -
Transfer to Fees (-) -
Assumed Responsibility (+) -
Subtotal -
E. Total Adjustments 4,364,047 ( C+D )
F. This Year's Limit 106,747,737$ ( A+E)
APPROPRIATIONS LIMIT
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 6
FY 2023-2024 Appropriations Limit 102,383,689$
Adjustment Factors
Change in Per Capita Personal Income 1.0362
Increase in Rancho Cordova Population 1.0062
Factor for Fiscal Year 2024-2025 1.0426
FY 2024-2025 Appropriations Limit 106,747,737$
FY 2024-2025 Proceeds of Taxes 85,559,288
Exclusion (12,961,441)
FY 2024-2025 Appropriations Subject to Limit 72,597,847 FY 2024-2025 Appropriations Under Limit 34,149,889$
APPROPRIATIONS LIMIT ANALYSIS
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 7
COURT ORDERS -$
FEDERAL MANDATES
FLSA Payments -
Medicare Payments -
Landfill Closure Costs -
Underground Tank Monitoring -
Unemployment Payments -
TOTAL FEDERAL MANDATES -
QUALIFIED CAPITAL OUTLAYS
Technology Enhancements 622,000
Building Improvements 1,150,000
Vehicles -
Other Capital Equipment -
1,772,000
QUALIFIED DEBT SERVICE
Certificates of Participation 499,468
Revenue Neutrality Payment 10,689,973
11,189,441
TOTAL EXCLUDED APPROPRIATIONS 12,961,441$
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
EXCLUSIONS TO APPROPRIATIONS LIMIT
ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
SCHEDULE NO. 8
Proceeds of Non-Proceeds Total
REVENUE Taxes of Taxes
Taxes 84,438,467$ 2,767,500$ 87,205,967$ Subventions from State -
Motor Vehicle In Lieu 75,000 - 75,000 Gas Tax - 1,915,600 1,915,600 RMRA - 1,736,900 1,736,900 Homeowner's Relief 100,000 - 100,000 SB 90 Reimbursements - 20,000 20,000 TDA 68,000 - 68,000 Other Intergovernmental - 342,107 342,107 Locally Raised
Local Dedicated Sales Tax - 2,801,200 2,801,200 Special Benefit-Landscape Assessments - 3,723,200 3,723,200 Impact Fees - 16,445,300 16,445,300 Grants - 26,091,000 26,091,000 Licenses and Permits - 780,000 780,000 Fines, Forfeiture and Penalties - 935,050 935,050 Rents - 90,000 90,000 Charges for Services - 784,804 784,804 Storm Water Utility Tax - - - Roadway Improvement Fund - 586,200 586,200 User Fees - 11,070,000 11,070,000 Transfers In - 10,094,904 10,094,904 Other - 47,900 47,900 Subtotal 84,681,467 80,231,665 164,913,132 Interest Earnings 877,821 104,179 982,000 Total Revenue 85,559,288 80,335,844 165,895,132 Reserve Withdrawals - - - TOTAL BUDGET APPROPRIATIONS 85,559,288$ 80,335,844$ 165,895,132$
CALCULATION OF PROCEEDS OF TAXES
CITY OF RANCHO CORDOVA, CA
FISCAL YEAR 2024-25 GANN CALCULATIONS
ITEM 9.11.
ATTACHMENT 2
Exhibit A to the Resolution
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 9.12.
DATE: June 17, 2024
TO: Honorable Mayor and Council Members
FROM: Stefan Heisler, Housing Manager
SUBJECT: A RESOLUTION AUTHORIZING EXECUTION OF AN OPTION
AGREEMENT WITH MERCY HOUSING CALIFORNIA FOR THE
PROPERTY AT THE SOUTHEAST CORNER OF BLECKELY STREET
AND SCHIRRA AVENUE, A PORTION OF APN 067-0010-093, FOR
THE MATHER VETERANS VILLAGE PHASE 4 MULTIFAMILY
HOUSING PROJECT FOR HOMELESS VETERANS
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would allow the City Manager to proceed with the execution of an Option Agreement with Mercy Housing California (Developer), which will give the Developer the option to purchase from the City of Rancho Cordova (City) the approximately 2.0 acre northwest portion of APN 067-0010-093 located at the southeast corner of Bleckely Street and Schirra Avenue for the amount of $10 for the Mather Veterans Village Phase 4 multifamily housing project for homeless and disabled veterans and homeless families.
BACKGROUND
Sacramento County is the owner of the parcel on the southeast corner of Bleckely St and Schirra Ave, APN 067-0010-093-0000. The County has agreed to convey the approximately 2.0 acre northwest portion of the parcel (the Parcel) to the City for a purchase price of $10 on condition that the City agrees to use the property for affordable multifamily rental housing of homeless and disabled veterans and homeless families at very low incomes (50% area median income or below) for 55 years. On June 3, 2024, and June 11, 2024, the City Council and Board of Supervisors, respectively, authorized the execution of land conveyance documents to transfer this parcel to the City.
The City has partnered with Mercy Housing California and Nation’s Finest/Veterans Housing Development Corporation (the Development Team) to develop the affordable housing project on the Parcel. The project is known as Mather Veterans Village Phase 4 and consists of a 70- unit multifamily residential apartment project for homeless and/or disabled veterans or homeless households (the Project). Sixty-nine (69) of the units will be rented at an affordable monthly rent to households earning up to 50 percent of area median income for a period of 55 years. One (1) unit will be an unrestricted manager’s unit. The project will also have a priority
City Council Staff Report - Page 2 of 3
for serving seniors aged 62 and older. The project will be new construction, three stories, single-loaded, and elevator-served. The unit mix includes 58 one-bedroom units and 12 two- bedroom units. The residential units will be arranged around a centrally landscaped courtyard.
An approximately 4,000 square foot community clubhouse, offices, and a shared patio will be located within the courtyard. The Development Team has already submitted the project to the City for a Conditional Use Permit and is undergoing the Airport Land Use Commission overrule process, which is anticipated to be complete on July 1, 2024. The Development Team will also submit the Project for Major Design Review in the next several weeks.
Adoption of the Resolution would authorize execution of an Option Agreement with the Developer that will allow the Developer to purchase the property from the City if certain requirements are met, including receiving an allocation of 4% or 9% Low Income Housing Tax Credits from the California Tax Credit Allocation Committee, that provides certainty that the Project will begin construction. Execution of this Option Agreement is a requirement for the Developer to demonstrate site control and be able to apply for tax credits. With this executed agreement, the Developer will apply for tax credits by July 2, 2024. If this application is successful, then construction on the Project could begin as early as Spring 2025.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The sale of surplus government property is a project as defined by CEQA. Pursuant to CEQA Guidelines Section 15312 (Categorical Exemption Class 12, Surplus Government Property Sales) sales of surplus government property is exempt, except for parcels of land located in an area of statewide, regional, or areawide concern identified by CEQA Guidelines Section 15206(b)(4). The Property is not located in an area of statewide, regional, or areawide concern, and therefore the activity is not subject to CEQA pursuant to CEQA Guidelines Section 15312.
SURPLUS LAND ACT
California Government Code Sections 54220-54234 require jurisdictions to notify the California Department of Housing and Community Development (HCD) when they intend to dispose of publicly-owned land and follow the Surplus Land Act (SLA) process for such dispositions if the property is not declared exempt. The City intends to use the entire property for affordable housing to very low-income homeless and disabled veterans or homeless families. The property will be restricted to households earning 50 percent of the area median income or less for a term of fifty-five (55) years. Therefore, this use qualifies the City’s disposition of the Parcel to Mercy Housing California for the SLA Guidelines Section 103(c)(2) Exempt Surplus Land for Affordable Housing. Per the SLA Guidelines Section 400(e), the City will submit a resolution declaring the property exempt surplus land to HCD for review and confirmation.
FISCAL IMPACT AND FUNDING SOURCE
The sale price for the land is $10.
ATTACHMENT(S)
1. Resolution
2. Site Diagram
City Council Staff Report - Page 3 of 3
3. CEQA Notice of Exemption
4. Option Agreement
ITEM 9.12. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 3
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 AN OPTION
AGREEMENT WITH MERCY HOUSING CALIFORNIA AND DECLARING PUBLIC AGENCY
PROPERTY AS EXEMPT SURPLUS LAND PURSUANT TO THE
CALIFORNIA SURPLUS LAND ACT
WHEREAS, the County of Sacramento (the “County”) is the owner of the property on the former Mather Air Force base at the southeast corner of Bleckely Street and Schirra Avenue, the approximately 2.0 acre northwest portion of APN 067-0010-093-0000 (the “Property”), located adjacent to the existing three completed phases of the Mather Veterans Village, and is willing to sell the Property, and the City of Rancho Cordova (“City”) desires to acquire the Property for a fourth phase of the Mather Veterans Village; and
WHEREAS, in consideration of County conveying the Property to the City, the City shall construct, or cause to be constructed, housing units specifically designated for homeless and/or disabled veteran households and homeless families, and will restrict the Property for this purpose for a term of fifty-five (55) years, and that the construction of homeless and/or disabled veterans and homeless housing is a valid public purpose of need within the City; and
WHEREAS, the Property provides an opportunity to expand the Mather Veterans Village, and the City has partnered with Mercy Housing California, a 501(c)(3) nonprofit organization (the “Developer”), to construct a housing project, Mather Veterans Village Phase 4, which will include sixty-nine (69) units of multifamily rental apartments for very low-income homeless and disabled veterans and homeless families, one (1) unrestricted manager’s unit, and resident community space (the “Project”); and
WHEREAS, the City will sell the Property to the Developer for a purchase price of Ten Dollars ($10.00) in order to provide site control for the Developer’s application for Low Income Housing Tax Credits needed to finance the construction of the Project; and
WHEREAS, execution of the Option Agreement will provide the Developer an exclusive right and option to purchase the Property from the City, if specified conditions are satisfied, and the required site control necessary to apply for Low Income Housing Tax Credits; and WHEREAS, the City will have completed the conveyance of the Property from the County to the City prior to the Developer exercising its Option to purchase the Property from the City; and
WHEREAS, the Surplus Land Act, Government Code Section 54220, et seq., as amended by Assembly Bill No. 1486 effective January 1, 2020, provides that local public agencies must determine whether land owned by the public agency is “surplus land” or “exempt surplus land,” and must send notices of the availability of surplus land to specified parties prior to the conveyance of such land; and
WHEREAS, Section 103(c)(2) of the Surplus Land Act provides that “exempt surplus land” includes City-owned surplus land transferred for the development of affordable housing
ITEM 9.12. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 3 meeting the requirements of Government Code Section 37364; and WHEREAS, the Surplus Land Act Guidelines provide that a local agency which determines that property is exempt from the Surplus Land Act shall support such a determination with written findings and shall provide a copy of the written determination to the California Department of Housing and Community Development; and WHEREAS, the City Council desires to make certain findings with respect to the exemption of the disposition of the City Property from the Surplus Land Act pursuant to the exception noted above; and
WHEREAS, the Property is surplus government property not located in an area of statewide, regional, or areawide concern identified by California Environmental Quality Act (CEQA) Guidelines Section 15206(b)(4), and therefore the sale of the Property is categorically exempt from further CEQA review pursuant to Title 14 of the California Code of Regulations, Chapter 3, Division 6 (State CEQA Guidelines) Section 15312 (Categorical Exemption Class 12, Surplus Government Property Sales).
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:
1. Authorizes the City Manager, or his designee, to execute an Option Agreement for the sale of the Property at a sale price of $10, which Option Agreement shall be in a form approved by the City Attorney.
2. Finds that the Property at APN 067-0010-093, to be sold to the Developer, meets the requirements of California Government Code Section 37364 where not less than eighty percent of the Property will be used for affordable housing, more than forty percent of the units will be restricted to very low income households, and the units will be restricted by a regulatory agreement for not less than thirty (30) years, and therefore within the meaning of Section 103(c)(2) of the Surplus Land Act, the Property is exempt surplus land.
3. Directs the City Manager or his designee to transmit a copy of this resolution to the California Department of Housing and Community Development, and to transmit such further documents as are necessary for the Department’s review of compliance of this transaction with the requirements of the Surplus Land Act.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEM 9.12. ATTACHMENT 1 Resolution No. XX-2024 Page 3 of 3
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
Site Diagram
APN 067-0010-093-0000
N
ITEM 9.12.
ATTACHMENT 2
ITEM 9.12. ATTACHMENT 3
1 NOTICE OF EXEMPTION
To: Office of Planning and Research From: City of Rancho Cordova 1400 Tenth Street Public Works Department
Sacramento, CA 95814 2729 Prospect Park Drive
Rancho Cordova, CA 95670
County Clerk-Recorder
Sacramento County
600 8th Street
Sacramento, CA 95814
Project Title:ACQUISITION OF PROPERTY LOCATED AT THE SOUTHEAST CORNER
OF BLECKELY ST AND SCHIRRA AVE
Project Location: Southeast corner of Bleckely St and Schirra Ave Assessor’s Parcel Number(s): 067-0010-093-0000 (approximately 2.0-acre northwest portion) Project Description: The City of Rancho Cordova proposes to sell a vacant, approximately 2.0- acre property located at the southeast corner of Bleckely St and Schirra Ave.
The intended use for the site is for the development of 70 units of affordable housing for very low income homeless and disabled veterans and homeless families and an approximately 4,000 square foot resident community building.
Lead Agency: City of Rancho Cordova
Applicant: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Exemption Status: Ministerial [Section 21080(b); 15268]; Declared Emergency [Section 21080(b)(3); 15269(a)];
Emergency Project [Section 21080(b)(4); 15269(b)(c)];
General Rule [Section 15061(b)(3)];
Categorical Exemption [Section 15312, Class 12 Surplus Government Property Sales];
Approval of Rates, Tolls, Fares, and Charges [Section 21080(b)(8)(D)]; Statutory Exemption [Section 15194, Affordable Housing Exemption].
REASONS WHY THIS PROJECT IS EXEMPT OR DOES NOT REQUIRE FURTHER ENVIRONMENTAL DOCUMENTATION:
The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The sale of surplus government property is a project as defined by CEQA. Pursuant to CEQA Guidelines Section 15312 (Categorical Exemption Class 12, Surplus Government Property Sales) sales of surplus government property
ITEM 9.12. ATTACHMENT 3
2 is exempt, except for parcels of land located in an area of statewide, regional, or areawide concern identified by CEQA Guidelines Section 15206(b)(4). The Property is not located in an area of statewide, regional, or areawide concern, and therefore the activity is not subject to CEQA pursuant to CEQA Guidelines Section 15312.
By __________________________________
Stefan Heisler, Environmental Coordinator
City of Rancho Cordova
(916) 851-8757
June 17, 2024
ITEM 9.12. ATTACHMENT 4
1 OPTION AGREEMENT
(Mather Veterans Village Phase IV)
This Option Agreement ("Agreement") is entered into as of ____________, 2024 (the “Effective Date”), by and between the City of Rancho Cordova, a municipal corporation ("City"), and Mercy Housing California, a 501(c)(3) nonprofit organization ("Developer").
RECITALS
A. City owns, or is under agreement to purchase, fee title to that certain real property located ________________ in the City of Rancho Cordova, California, APN 067-0010-093as more particularly described in Exhibit A attached to this Agreement ("Property"). The Property is located adjacent the Mather Veterans Village project which has been developed by Developer and its affiliates.
B. City and the County of Sacramento (“County”) have executed, among other things, a Conveyance Agreement, Affordable Housing, and Quitclaim Deed (the “Deed”; collectively, the “City-County Documents”) to the Property which, in relevant part, requires the Property to be used for affordable rental housing units for very low income disabled and/or homeless veteran households or homeless families for a period of fifty-five (55) years and any sale of the Property to be approved by the County.
C. Concurrently with this Agreement, Developer and City have (or will concurrently herewith) entered into a Predevelopment Loan Agreement, dated as of ________________, 2024 (the “Loan Agreement”), which provides for City to loan to Developer funds for certain predevelopment activities necessary for the development of an affordable housing development on the Property.
C. Upon acquisition of the Property, Developer proposes to construct an affordable housing project on the Property consisting of approximately 70 affordable rental housing units for very low income disabled and/or homeless veteran households or homeless families, and related improvements (the “Development”).
D. This Agreement is intended to provide the Developer an exclusive right and option to purchase the Property from City, which may be exercised by the Developer if specified conditions are satisfied.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows:
1. Grant of Option. City hereby grants to the Developer the exclusive right and option to purchase the Property from the City upon recordation of the Deed and subject to satisfaction of the conditions, as provided below in Section 2.b (the "Option"). Upon execution of this Agreement, Developer shall pay to City a nonrefundable option fee in the amount of One Dollar ($1.00) as consideration for the option granted hereby, and the Purchase Agreement to be
ITEM 9.12. ATTACHMENT 4
2 negotiated and agreed upon by the Parties which shall include the material terms contained in Section 3 of this Agreement.
2. Term and Exercise of Option.
a. Option Term. The term of the Option ("Option Term") shall be for a period commencing on the Effective Date of this Agreement and ending on the earlier of the following events: (i) _____________________, 202__; (ii) the termination of the Loan Agreement, or (iii) the default of this Agreement by the Developer which has not been cured within the required cure periods after notice thereof has been delivered by City to Developer pursuant to subsection (d) below.
b. Conditions Precedent to Exercise of Option. The Developer may exercise the Option only in the event that each of the following conditions are satisfied:
(i) Purchase Agreement. The Parties have negotiated and signed a mutually acceptable Purchase Agreement for the Property pursuant to Section 3 hereof; (ii) Low Income Housing Tax Credits. The Development has received an allocation of 4% or 9% Low Income Housing Tax Credits from the California Tax Credit Allocation Committee;
(iii) City Approvals. The Development has received approval, or in the City’s sole discretion has taken adequate steps to receive such approvals, from the City of all land use entitlements, CEQA approvals, and development approvals necessary for the construction of the Development on the Property;
(iv) No Litigation. No litigation or other administrative or judicial proceeding that would materially affect Developer’s ability to carry out its obligations with respect to the Development or would prevent the Development shall have been filed or be pending;
(vi) Insurance. Developer shall have submitted to City evidence of the insurance policies required pursuant to the Purchase Agreement; (vii) Construction to Commence. City shall be reasonably satisfied that construction of the Development is ready to commence in the time and manner referred to in the construction schedule referred to in Section 3 below and thereafter shall be pursued to completion in a diligent and continuous manner;
(viii) Representations and Warranties. The representations of Developer contained in this Agreement and the Purchase Agreement shall be correct in all material respects as of the Purchase Agreement execution date as though made on and as of that date and, if requested by Developer, the Developer shall have received a certificate to that effect signed by City; and
(ix) County Deed. Developer acknowledges and agrees that sale of the Property is subject to the County’s approval and must comply with all other conditions provided in the City-County Documents, including the conditions subsequent contained in the Deed. c. Exercise of Option. Developer may exercise the Option by giving written notice to City of its exercise of the Option at any time during the Option Term ("Option Notice"),
ITEM 9.12. ATTACHMENT 4
3 provided, however, that as a condition to the exercise of the Option, Developer shall have satisfied the Conditions set forth above in all material respects, as reasonably determined by City (which determination shall not be unreasonably withheld, conditioned or delayed), within thirty (30) days after Developer’s delivery of an Option Notice and shall deliver written notice thereof to Developer. Within thirty (30) days after City’s written notice that all such Conditions have been satisfied, City and Developer shall mutually execute and deliver the Purchase Agreement. d. Developer Default. Developer’s failure to perform any material obligation of Developer set forth in this Agreement shall constitute a “Developer Default” under this Agreement unless Developer cures such failure within thirty (30) days after delivery of written notice of such failure given by City to Developer. In the event of a Developer Default that remains uncured as provided above, City shall have the right to terminate the Option effective upon written notice from City to Developer.
e. Termination. Upon the expiration or termination of the Option at the end of the Option Term or as otherwise terminated by the terms of this Agreement herein, the Parties shall sign and deliver a termination agreement, quitclaim deed or such other document as may be reasonably required by the City to evidence the termination of the Option.
3. Purchase of the Property. The Parties shall negotiate in good faith towards an agreement for City’s sale of the Property to Developer, and Developer’s construction and operation of the Development on the Property (the “Purchase Agreement”). The Purchase Agreement shall contain, without limitation, the following terms:
a. The purchase price shall be Ten Dollars and Zero Cents ($10.00). b. Developer shall construct the Development on the Property in compliance with the conditions provided in the City-County Documents, including the conditions subsequent contained in the Deed.
c. Developer shall have an opportunity to inspect and conduct due diligence upon the Property, and the opportunity to review a preliminary title report for the Property. d. All City and County documentary transfer tax and conveyance taxes and recording charges shall be borne by City. The cost of a CLTA owner’s title policy shall be borne by the City. All other expenses, fees or costs (except for attorneys' fees and costs) incurred in close of escrow for the purchase and sale of the Property pursuant to the Purchase Agreement shall be divided equally and paid by the City and Developer. Each party shall bear its own attorneys' fees and costs.
e. City and Developer shall execute and record a Regulatory Agreement which will set forth requirements with respect to affordable housing, operation of the Development, maintenance, hazardous materials, and other matters. f. City shall include in the Purchase Agreement language to indemnify and defend Developer, its affiliates, and Development lenders for all claims, liabilities and costs
ITEM 9.12. ATTACHMENT 4
4 arising out of hazardous materials and environmental conditions existing at the Property prior to the close of escrow. Such indemnity to survive termination of the Purchase Agreement.
4. Assignment of Option. Neither the Developer nor City may assign its rights or obligations under this Agreement without the prior written consent of the other party. Any assignment of this Agreement not authorized under this section shall be null and void.
5. Further Documents. Upon the reasonable request of the other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to carry out the intent and purpose of this Agreement, including escrow instructions.
6. Notices. All notices or other communications made pursuant to this Agreement shall be in writing and shall be deemed properly delivered, given or served to the parties at the following addresses when (a) mailed by certified mail, postage prepaid, return receipt requested; (b) sent by express delivery service, charges prepaid with a delivery receipt; or (c) personally delivered when a delivery receipt is obtained:
City: City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Attention: City Manager
Developer: _Mercy Housing California__
2512 River Plaza Drive, ste 200
__Sacramento, CA
95833___________________
Attention: Rich Ciraulo
All notices so delivered, mailed or sent shall be deemed received as of the date shown on the delivery receipt as the date of delivery or the date delivery was refused. Either party may change its address for the purposes of this paragraph by giving prior written notice of the change to the other party in the manner provided in this paragraph.
7. Binding Effect. This Agreement and its terms and conditions shall be binding upon and inure to the benefit of the parties to this Agreement and their respective permitted successors and assigns.
8. Time. Time is of the essence of this Agreement.
9. Attorneys' Fees. In any action between the City and Developer to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to recover costs of suit and expenses, including, without limitation, reasonable attorneys' fees.
ITEM 9.12. ATTACHMENT 4
5 10. Exhibits. All exhibits attached to this Agreement and referred to in this Agreement are incorporated into this Agreement by this reference as though they were fully set forth in this Agreement.
11. Captions. The captions of the paragraphs of this Agreement are for convenience and reference only, and the words contained in the captions shall in no way be held to explain, modify, amplify or aid in the interpretations, constructions or meaning of the provisions of this Agreement.
12. Entire Agreement; Counterparts. This Agreement contains the entire agreement between the parties respecting the matters set forth, and supersedes all prior agreements between the parties respecting such matters. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement.
13. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer to any person, other than the parties and their permitted successors and assigns, any rights or remedies under or by reason of this Agreement.
14. Waiver. No provision of this Agreement shall be deemed waived by a party unless such waiver is in writing and signed by the party making the waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit that party’s right to enforce the provision unless the waiver is made in writing. Waiver of any breach of a provision shall not be a waiver of any succeeding breach of the provision or a waiver of the provisions itself or of any other provision.
15. Authority of Signatories. Each of the parties to this Agreement represents and warrants to the other party that the persons who have executed this Agreement have been authorized to do so by the party on whose behalf the party is signing. All documents to be delivered under this Agreement will be executed by an authorized person. Each party has a good an legal right to enter into this Agreement and to perform all covenants of that party contained in this Agreement.
16. Governing Law. This Agreement shall be governed and constructed in accordance with California law.
17. Amendments. This Agreement may only be amended in writing signed by all parties.
18. Brokers. City and Developer each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity is entitled to any commission or finder’s fee in connection with said transaction. City and Developer do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any broker, finder or other similar party by reason of any dealings or actions of the
ITEM 9.12. ATTACHMENT 4
6 indemnifying party, including any costs, expenses, attorneys’ fees reasonably incurred with respect thereto.
19. Remedies for Breach. The Parties shall have the right to exercise all remedies available under law and equity for any breach of this Agreement.
ITEM 9.12. ATTACHMENT 4
7 IN WITNESS WHEREOF, the City and Developer have executed this Agreement as of the date first written above.
DEVELOPER:
By: ______________________
CITY:
CITY OF RANCHO CORDOVA,
a California municipal corporation
By:
Micah Runner, City Manager
ATTEST:
By:
Stacy Leitner, CMC
City Clerk
APPROVED AS TO FORM:
By:
Adam Lindgren, City Attorney
ITEM 9.12. ATTACHMENT 4
EXHIBIT A
Property Description
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 11.1.
DATE: June 17, 2024
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CORDOVA EXTENDING A TEMPORARY
MORATORIUM FOR ONE YEAR 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, EXCEPT FOR THOSE USES ALLOWED BY ORDINANCE
NO. 13-2023, INCLUDING INDOOR AUTO STORAGE AND OFFICE
USES AND ACCESSORY USES PERMITTED BY ORDINANCE NO.
13-2023
RECOMMENDATION
Adopt the Urgency Ordinance extending the temporary moratorium for one year 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, except those uses allowed by Ordinance No. 13-2023, including indoor auto storage and office uses and accessory uses permitted by Ordinance No. 13-2023.
RESULT OF RECOMMENDED ACTION
Adoption of the Ordinance would extend the temporary moratorium established by Ordinance No. 7-2023 for one additional year. Ordinance No. 7-2023 established 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. An Ordinance amending the Villages of Zinfandel Special Planning Area and possibly the Municipal Code to modify the permitted and conditionally permitted uses in the M-1 and MP zones will be brought to the City Council at a future regular meeting for consideration and adoption.
BACKGROUND
Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA), this Ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, Prohibited Uses within the Villages of
City Council Staff Report - Page 2 of 2
Zinfandel Special Planning Area. Furthermore, even if the Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on Prohibited Uses. Accordingly, no further environmental review is necessary. Furthermore, as the Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the Rancho Cordova Municipal Code and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance, (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource.
Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Ordinance.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact.
ATTACHMENT(S)
1. Ordinance
2. Ordinance No. 13-2023
ITEM 11.1 ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 6
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CORDOVA EXTENDING A TEMPORARY MORATORIUM FOR ONE
YEAR ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF
USES IN THE VILLAGES OF ZINFANDEL SPECIAL PLANNING AREA DESIGNATED THEREIN AS M-1 AND MP (OFFICE INDUSTRIAL PARK) ZONES, EXCEPT THOSE USES ALLOWED BY ORDINANCE NO. 13-2023,
INCLUDING INDOOR AUTO STORAGE AND OFFICE USES AND
ACCESSORY USES PERMITTED BY ORDINANCE 13-2023
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES
ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council hereby finds as follows:
A. At its June 19, 2023, regular meeting, pursuant to California Government Code section 65858, the City Council of the City of Rancho Cordova adopted Urgency Ordinance No. 7-2023 imposing a 45-day 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; and
B. Subsequently, at its August 2, 2023, special meeting, the City Council extended Urgency Ordinance No. 7-2023 for an additional 10 months and 15 days, to June 19, 2024; and C. Ordinance No. 7-2023 will, unless extended, expire by its own terms on June 19, 2024; and
D. This Urgency Ordinance incorporates by reference all the findings provided in Urgency Ordinance No. 7-2023 and its accompanying staff report; and E. Government Code Section 65858(a) expressly authorizes the City Council, in order to protect public safety, health and welfare, to extend an interim ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council is considering or studying or intends to study within a reasonable time; extension of such urgency measure requires a four-fifths vote of the legislative body; and that such extension may occur a maximum of two times and have a maximum total duration of two years; and
F. The City of Rancho Cordova has the police power, pursuant to Article XI, Section 7 of the California Constitution, to make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws; and G. The purpose of this ordinance is to protect the public safety, health and welfare within the meaning and for the purposes of Government Code Section 65858(a) by adopting, as an urgency measure, an interim prohibition/moratorium on variance, conditional use permit,
ITEM 11.1 ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 6
design review permit, grading permit, and building permit issuance for the establishment, expansion, or modification of the Prohibited Uses, except as provided herein; and H. The Villages of Special Planning Area (“Villages of Zinfandel Special Planning Area” or “Villages of Zinfandel”) was adopted by the County of Sacramento in 2002, and has been subject to a Development Agreement for the last twenty years that has constrained the City’s ability to adapt and modify the allowed uses based upon City Council input and community insights related to the build out of the Special Planning Area; and I. The Development Agreement expired on June 22, 2023, and the City is now unencumbered by it and authorized to update the General Plan, Special Planning Area, and zoning applicable to the Villages of Zinfandel Special Planning Area; and J. The City of Rancho Cordova has determined that, due to the recent and rapid expansion of e-commerce in recent years, the Villages of Zinfandel has seen an increase in industrial developments within the City, particularly warehouses, distribution centers, and logistics facilities (collectively, “Warehouses”), which include any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure; and
K. In hearings in 2022 and 2023 on the LogistiCenter and Stone Creek Industrial Center, the City received voluminous public feedback regarding the perceived negative impacts of warehouse development in the community, which are incorporated herein by this reference; and
L. A further proliferation of Prohibited Uses in the Villages of Zinfandel beyond those Warehouses subject to a Major Design Review permit approved by the City Council prior to June 22, 2023, may potentially degrade the quality and character of the existing residential neighborhoods in the Villages of Zinfandel and may be in conflict with the existing or approved non-residential uses in the Villages of Zinfandel, and conflict with contemplated general plan, specific plan, or zoning proposals that the City’s legislative body, planning commission, or planning department is considering or studying, or which it intends to study within a reasonable time; and
M. In the course of processing and/or reviewing the LogistiCenter and Stone Creek Industrial Center projects, and other recent non-industrial projects within the Villages of Zinfandel, the City identified numerous permitted and conditionally permitted uses in the BP and LI zones that also have significant potential conflicts with existing development in the Special Planning Area, and that will potentially conflict with proposed land use changes being considered by the City. For example, BP and LI zones currently permit or conditionally permit uses including:
•Animal slaughter
•Sawmill
•Milk products Plant, Dairy
•Egg processing facilities
•Towing services
•Agricultural uses
ITEM 11.1 ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 6
•Contractor storage yard
•Parking yard for damaged vehicles
•Recycling center
N. The City has received an application from GLP Investment Properties, LLC (“GLP”), for an additional Warehouse up to 154,680 square feet on an 8.78 acre parcel in the Villages of Zinfandel Special Planning Area; and
O. The expiration of the Villages of Zinfandel Development Agreement on June 22, 2023, created an immediate opportunity and need for the City to protect the existing residents and businesses within the Villages of Zinfandel from the potentially detrimental impacts of additional subdivisions, use permits, variances, building permits, design review permits, or other applicable entitlements for use, expansion, or modification of the Prohibited Uses which may conflict with the future proposed land use changes now being considered by the City; and P. The City of Rancho Cordova has determined that the Prohibited Uses may have a detrimental impact upon the character of the existing residential development within Villages of Zinfandel Special Planning Area, which is not being adequately addressed by the City’s current ordinances and zoning regulations as well as the reliance on an antiquated Sacramento Zoning Code, currently applicable in the Villages of Zinfandel; and Q. The City of Rancho Cordova, partially, but not completely addressed the detrimental impact upon the character of the existing residential development within the Villages of Zinfandel Special Planning Area by adopting Ordinance No. 13-2023, which updated the standards applicable to certain previously permitted or conditionally permitted uses in the M-1 and MP zones to not permitted; and
Q. There is still a need to further study and develop additional policy guidance to ensure there is a logical relationship between the placement of proposed Prohibited Uses and existing uses to avoid the potentially deleterious effects of routing additional trucks past sensitive uses; and
R. There is a need to continue to study and develop additional new policy guidance regarding the health and environmental impacts related to the Prohibited Uses in order to develop local standards related to these uses that adequately address potential negative health, safety, and environmental impacts to protect the community in accordance with current recognized environmental regulatory standards and accepted industry and state recommended best practices; and
S. The City intends to further update the Rancho Cordova Municipal Code and Villages of Zinfandel Special Planning Area to further address the effects of Prohibited Uses to ensure that they are properly regulated to immediately address any potential for degradation of the quality and character of the existing residential neighborhoods in the Villages of Zinfandel; and
T. The City also intends to continue to study and address secondary effects of Prohibited Uses; and
U. Since adoption of Moratorium Ordinance 7-2023, the City has been studying the various uses that are permitted, conditionally permitted or not allowed within the M-1 and MP zones. Ordinance 13-2023 further limited or prohibited specific uses such as outdoor auto
ITEM 11.1 ATTACHMENT 1
Ordinance No. XX-2024 Page 4 of 6
storage, recycling facilities, truck terminals, and dismantling yards within the VOZSPA that were determined in the moratorium to pose a potential risk to the public health, safety and welfare and existing built environment of the Villages of Zinfandel based upon the relation of vacant M-1 and MP zoned parcels to existing residential uses.
V. City staff, the City Planning Commission, City Attorney, and the City Council, in consultation with the residents and businesses in the Villages of Zinfandel, require an additional reasonable period of time to study, develop and recommend potential modifications to the regulations applicable to the Prohibited Uses, and in particular Warehouses to determine, document, and attempt to prevent the potential adverse impacts on the character and quality of properties within the Villages of Zinfandel Special Planning Area; and W. Without the extension of this moratorium, applicants could receive entitlements which would allow additional Prohibited Uses that could pose a threat to the public. The City requires additional time to prepare, evaluate and adopt reasonable regulations regarding the Prohibited Uses; and
X. For the reasons set forth above, this Ordinance is necessary to preserve the public welfare and to avoid a current and immediate threat to the welfare of the community within the meaning of Government Code Section 65858(c).
Section 2. Moratorium Extended.
Under the authority granted the City of Rancho Cordova under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, the moratorium imposed by Ordinance 7-2023 shall hereby be extended for a period of one (1) year to June 17, 2025, except for those uses allowed by Ordinance No. 13-2023 including indoor auto storage and office and accessory uses permitted by Ordinance No. 13-2023.
Section 3. Enforcement.
The City of Rancho Cordova may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction.
Section 4. City Review.
The City Manager, or his or her designee, is hereby authorized to administer and interpret the provisions of this Urgency Ordinance, including but not limited to, review of specific use permits applications, variance requests, building permit applications, and other land use approvals, to determine whether the requested use permit, variance, building permit or other land use approval is subject to this Ordinance. During the period of this Moratorium, the City Manager or his designees shall: (1) review and consider options for the regulation of Prohibited Uses; (2) issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance with the City Council ten (10) days prior to the expiration of this Moratorium; and (3) make the report available to the public.
Section 5. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force
ITEM 11.1 ATTACHMENT 1
Ordinance No. XX-2024 Page 5 of 6
and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Rancho Cordova hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 6. Effective Date and Duration.
This Ordinance shall become effective ten (10) days after passage and adoption if passed and adopted by at least four-fifths vote of the City Council and shall be in effect for one (1) year until June 17, 2025.
Section 7. CEQA.
The City Council finds, pursuant to Section 15378(b)(5) of the Guidelines of the California Environmental Quality Act (CEQA), this Ordinance is an organizational or administrative activity of the City that does not have the potential to result in direct or indirect physical changes in the environment and is therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), even if it were a project, this Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant adverse effect on the environment, insofar as it merely prohibits the construction of or alterations to, Prohibited Uses within the Villages of Zinfandel Special Planning Area as specified during its duration, and any changes in land use regulations adopted as a result of the City’s studies will undergo full CEQA review prior to their adoption. Furthermore, even if the Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual CEQA- reviewed adoption of regulations and development standards addressing Prohibited Uses.
Accordingly, no further environmental review is necessary. Furthermore, as the Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the Rancho Cordova Municipal Code and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not involve any unusual circumstances that will result in a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, would apply to this Ordinance.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ITEM 11.1 ATTACHMENT 1
Ordinance No. XX-2024 Page 6 of 6
ABSTAIN:
________________________
David Sander, Mayor
ATTEST:
________________________
Stacy Leitner, CMC
City Clerk
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MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 12.1.
DATE: June 17, 2024
TO: Honorable Mayor and Council Members
FROM: Randi Kay Stephens, Management Analyst II
Kim Juran, Administrative Services Director
SUBJECT: A RESOLUTION APPROVING FISCAL YEAR 2024-25 COMMUNITY
GRANTS, LEGACY FUND, AND PROGRAMS AND INITIATIVES TO
BE FUNDED FROM THE MEASURE H/COMMUNITY ENHANCEMENT
& INVESTMENT FUND
RECOMMENDATION
Receive presentation and adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would establish budget amounts for the Fiscal Year 2024-25 community grant projects and programs, legacy projects, and department-led initiatives for the Community Enhancement & Investment Fund; it will also establish next steps regarding project implementation.
BACKGROUND
The application period for the Fiscal Year 2024-25 Community Enhancement & Investment Fund opened on February 5, 2024, and closed on March 15, 2024. This year's open call for applications resulted in more than $12 million in requests for funding from 115 active applications (8 applications have been withdrawn from consideration out of the original 123 submissions). The Council typically grants about 25% of the anticipated Measure H revenues for the community grants.
On April 2, 2024, the Council received access to all grant applications along with a summary update of all the grant applications received for the Fiscal Year 2024-25 Community Enhancement & Investment Fund grant cycle. At the April 23, 2024, City Council Special Meeting, staff presented funding recommendations, which included $1 million of previously allocated grant funds for Fiscal Year 2024-25. Therefore, out of the $12 million in new grant requests, staff could only recommend approximately $2 million in projects and programs. As a result, this also means that not all grant requests received a recommendation to fund, or a recommendation to fund at the full funding level requested by applicants.
At the April 23, 2024, City Council Special Meeting, Council discussed the summary of grant applications with staff recommendations and requested additional discussion on 43 items.
City Council Staff Report - Page 2 of 2
At the May 28, 2024, City Council Special Meeting, Council made its final funding recommendations and provided direction to staff to bring back certain applications, categories, and eligibility requirements for future policy discussions. Following that meeting, staff from the City of Rancho Cordova, Rancho Cordova Athletic Association, and the Folsom Cordova Unified School District met to discuss field use, fee rates, and operations. A Memorandum of Understanding is in development with the City Manager and staff.
Exhibit A to the Resolution (Attachment 2) contains the Community Enhancement & Investment Fund grant projects selected for funding during Fiscal Year 2024-25. The Exhibit includes categories that describe contract development. Category 1 is for standard contracts that may be executed expeditiously and Category 2 is for contracts that require additional staff support if there are policy concerns such as prevailing wage or bidding requirements. Category 3 is reserved for complex projects that require staff, legal and other stakeholders to complete additional steps before an agreement may be prepared. The applications from Folsom Cordova Unified School District are identified as Category 3 to allow stakeholders additional time to resolve the field use, fee rates, operations and maintenance matters.
FISCAL IMPACT AND FUNDING SOURCE
The projected Fiscal Year 2024-25 revenues for the Community Enhancement & Investment Fund, focusing on Measure H, are estimated to be $11.7 million, of which roughly $3.4 million is anticipated to go towards community grants. Any amounts approved above this amount will require a reduction in allocation from another category of funding.
ATTACHMENT(S)
1. Resolution
2. Exhibit A to the Resolution - FY 2024-2025 Community Enhancement and Investment Fund Budget and Project List
ITEM 12.1. 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, APPROVING THE FISCAL YEAR 2024–25 AMOUNTS FOR COMMUNITY
GRANTS, LEGACY FUND, AND PROGRAMS AND INITIATIVES TO BE FUNDED FROM
THE MEASURE H/COMMUNITY ENHANCEMENT & INVESTMENT FUND
WHEREAS, in November 2014, Rancho Cordova voters approved Measure H, a ½ cent sales tax measure, which now generates approximately $11.7 million of annual revenue for the City's General Fund; and
WHEREAS, the revenues from the Measure H/Community Enhancement & Investment Fund are locally controlled by the City; and
WHEREAS, the City Council and staff invited the community to submit applications to receive funding from the Measure H/Community Enhancement & Investment Fund and more than 117 such applications were received and considered by the City Council; and WHEREAS, the City Council also considered recommendations from City staff and Council Members regarding projects to be funded from the Measure H/Community Enhancement & Investment Fund; and
WHEREAS, the City Council, at public meetings, has considered all grant applications, Legacy Fund projects, public comments, staff recommendations, and City Council proposals regarding the Measure H/Community Enhancement & Investment Fund; and WHEREAS, the City Council now desires to approve final funding recommendations for projects to receive funding for the 2024-25 Fiscal Year from the Measure H/Community Enhancement & Investment Fund, while recognizing that some projects may require subsequent discretionary approvals by the City Council to meet certain legal requirements.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:
1. The Fiscal Year 2024-25 Measure H/Community Enhancement & Investment Fund Budget and Project list is attached as Exhibit A.
2. That the amounts stated in the Fiscal Year 2024-25 Measure H/Community Enhancement & Investment Fund Budget and Project List shall become and thereafter be appropriated to funds stated therein and said monies are hereby appropriated.
3. The City Manager is authorized to approve expenditure adjustments within individual funds so long as the total appropriated within each major fund is not exceeded.
4. The City Council authorizes the City Manager to enter into contracts for items approved in this resolution, including items over $100,000 signing authority.
5. Additionally, the City Manager, or designee, is authorized to adjust Measure H/Community Enhancement & Investment Fund project allocations per the authority granted under Resolution No. 122-2021.
6. City staff is authorized to and shall expeditiously process all projects receiving a "Category 1" assignment in Exhibit A, including the execution of funding agreements
ITEM 12.1. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 related to such projects, so that grant funds are distributed as soon as possible.
7. City staff shall ensure that all projects receiving a "Category 2" assignment will move forward as soon as all outstanding issues are resolved, including those related to public bidding and/or prevailing wage requirements; and City staff is authorized to execute required funding agreements and coordinate with necessary outside agencies and parties regarding these projects.
8. Recognizing that the group of projects receiving a "Category 3" assignment in Exhibit A require more extensive staff time to create specifications and meet legal requirements (including public bidding requirements, prevailing wage rules, property entitlements, and/or requirements under the California Environmental Quality Act), City staff shall ensure that planning for these projects makes timely progress and staff shall submit any additional items requiring additional City Council approval to the Council in a timely fashion.
9. All funding agreements related to the Community Enhancement & Investment Fund grants shall be executed by the City Manager, approved by the City Attorney, and shall include requirements to ensure that grant recipients utilize grant monies for the purposes outlined in the approved grant applications. To ensure timely issuance of grant funding, grantees will have 60 days following the receipt of their grant funding agreement to provide the required documentation back to the City needed to execute the agreement.
This is being done to help mitigate projects being delayed and/or not finishing during the fiscal year and ensure projects move forward in a timely manner. The Community Enhancement & Investment Funds estimated budget is based on the latest available sales tax data at the time the grant applications were approved by the City Council.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
2 Arts, Culture,
History,
Entertainment,
and Sports
Symphony d’Oro
Rancho Cordova:
Season 2024-2025
Community
Enhancement &
Investment Project
Fund Symphony d’Oro Rancho Cordova’s music, venue rental, guest artist/composers & related expenses to continue expanding orchestral music in traditional and non-traditional venues in Rancho Cordova.
$24,100 $20,000 1 Recommended for funding similar to
that of other arts programs; $20,000
for one year.
4 Arts, Culture,
History,
Entertainment,
and Sports
Rancho Cordova River
City Concert Band
(RCRCCB)
This project provides funds to the RCRCCB for equipment, musical talent, and related expenses, thereby enhancing its potential to provide high-quality musical performance events, bring world-class performing arts to the City of Rancho Cordova and to equip the RCRCCB to represent the City of Rancho Cordova as musical ambassadors. $26,000 $20,000 1 Recommended for funding similar to
that of other arts programs; $20,000
for one year.
5 Arts, Culture,
History,
Entertainment,
and Sports
Cordova Youth Spotlight
Orchestra: Virtual Gadfly
The proposed project would provide funding for the Cordova Youth Spotlight Orchestra, also known as the Sacramento Performing Arts Conservatory. The program funds orchestra students continuing development through formal, complimentary instruction and provide funds to host two formal concerts on a professional-quality stage. Recently, the orchestra added harps, guitar, cellos, drums, marimba, and pianos to its repertoire. Cordova Youth Spotlight Orchestra hosts formal concerts at the Cordova High School Performing Arts Center and informal concerts at various Rancho Cordova locations. $35,564 $20,000 1 Recommended for funding similar to
that of other arts programs; $20,000
for one year. 8 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Mandarins:
Immortal Winds Indoor
Winter Wind Ensemble
Mandarins proposes a third year of "Immortal Winds”, a winter performing arts ensemble focusing on brass and woodwind instruments, to be based in Rancho Cordova. Winter Winds ensembles present an original show each year, approximately 8–10 minutes in length, and refine it throughout the winter season. Shows are performed and are judged in various musical and visual categories. Immortal Winds will address a current need in the community – high schools in Rancho Cordova only offer winter percussion and winter guard programs and Sacramento State only offers an independent winter percussion group. It will be open to all interested woodwind and brass players between the ages of 16- 23 years of age. Experience camps will be held in November and December during which students will have the opportunity to hone the musical skills and learn basic movements used in the performances. In January, any interested student is eligible to audition for the forty available competitive openings in the ensemble.
$20,000 $6,500 1 Recommended for event sponsorship
at $6,500 level. This is a higher
baseline sponsorship as compared to
last fiscal year awards to other events.
11 Arts, Culture,
History,
Entertainment,
and Sports
Hummingbird Theatre
Company’s 2024-2025
Season
Hummingbird Theatre Company makes theatre accessible to the people. Funding would cover rehearsal and performance space, actor stipends, production expenses, marketing expenses, etc. The applicant proposes productions of The Blythe Spirit, The Pillowman, Chicago, and Saint Joan for the 2024-2025 season.
$100,150 $100,150 1 Recommended for funding similar to
that of other arts programs; $20,000.
CC1 Arts, Culture,
History,
Entertainment,
and Sports
Arts in Public Places
Bucket
Under prior Council direction, established funding for future public art projects in the City.
This is an estimated amount.
$50,000 $50,000 N/A Rudy's Lamp Post Sculpture was
requested for inclusion in Staff's future
Arts in Public Places discussion.
CC2 Arts, Culture,
History,
Entertainment,
and Sports
Performing Arts Bucket Under prior Council direction, established funding for future performing arts projects in the City. This is an estimated amount.
- Application 13 Green Valley Theatre: $20,000
$30,000 $30,000 1 Recommended disposition of funding
is listed under description field.
Arts, Culture, History, Entertainment, and Sports
Subcategory: Arts
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
PA1 Arts, Culture,
History,
Entertainment,
and Sports
FCUSD: Cordova High
School Musical
Instruments
The proposed project would support the purchase of new musical instruments for Cordova High School music program. The Cordova High School music program provides instruments to student musicians when families cannot rent an instrument. Of the 97 Cordova High Band and Orchestra members, only 10 students provide their own instrument currently. Normal wear and tear, even with constant care and repair, shortens an instrument’s lifespan. The current inventory is older, aging and in need of repair and replacement due to being used for many years at marching band practice, football games, parades, traveling, and daily use. This would fund approximately 24 instruments. $20,000 $20,000 N/A Previously approved as a multiyear
request. They are approved for:
FY 2024
‐
2025: $20,000
PA2 Arts, Culture,
History,
Entertainment,
and Sports
FCUSD: Mills Middle
School Drumline
This project was approved as a multiyear request beginning in FY 2022 2023 and ends in FY 2025
‐
2026. Fiscal year 2024
‐
2025 is $1,500 and fiscal year 2025
‐
2026 is also $1,500 for
the purpose of maintenance and repair of instruments, equipment, and/or replacement items.
$1,500 $1,500 N/A Previously approved as this was a
multiyear request. They are approved
for:
FY 2024
‐
2025: $1,500
FY 2025
‐
2026: $1,500
PA3 Arts, Culture,
History,
Entertainment,
and Sports
Cordova Community
Council Foundation
Third Restated Agreement includes funding from Measure H for arts $282,000 $282,000 N/A The final year of a two year agreement.
FY 2024-2025: $530,000
Subtotal of ACHES: Arts $589,314 $550,150
7 Arts, Culture,
History,
Entertainment,
and Sports
California Capital Film
Office: The Third Annual
International
Documentary Film
Festival at Rancho
Cordova
Building upon the success of previous festivals, the Third Annual California Capital Documentary Film Festival will take place in Rancho Cordova in late 2024. Organizers will continue the mission of celebrating the art of documentary filmmaking and fostering community engagement through thought-provoking cinematic experiences and aspire to enhance the festival's impact and reach, enriching the cultural landscape of Rancho Cordova and beyond. Funding would support production costs, website, graphic design and printing, equipment and room rental, etc. The goal of the California Capital International Documentary Film Festival is to build a world class International Documentary Film Festival that takes places in the City of Rancho Cordova but serves the Sacramento Capital region thereby bringing audiences into the city and raising the visibility of Rancho Cordova.
$21,700 $20,000 1 Recommended for funding similar to
that of other arts programs; $20,000.
14 Arts, Culture,
History,
Entertainment,
and Sports
Kannada Sangha of
Sacramento (KSS):
Ranga Vasantha Art &
Culture Community
Event
Ranga Vasantha is a cultural event welcoming the spring season. Event organizers seek to host a multicultural experience featuring art and musical performances within Rancho Cordova.
$13,000 $6,500 1 Recommended for event sponsorship
at $6,500 level.
15 Arts, Culture,
History,
Entertainment,
and Sports
Suvidha International
Foundation: Diwali
Celebrations
Suvidha International Foundation plans to host a culturally immersive Diwali celebration in Rancho Cordova. Diwali, also known as the Festival of Lights, unites diverse communities and symbolizes unity and prosperity. The event aims to enrich local culture and foster community cohesion.
$10,500 $6,500 1 Recommended for event sponsorship
at $6,500 level.
16 Arts, Culture,
History,
Entertainment,
and Sports
Ankur, Inc.: Festival of
Knowledge
This proposed project intends to bring the cultural event of Basant Panchami: the Festival of Knowledge to Rancho Cordova. Ankur is a nonprofit organization that promotes South East Asian culture through community service and socio
‐
cultural events. Funding would
cover the costs of event expenses such as rental charges for the event facility and performances.
$10,600 $6,500 1 Recommended for event sponsorship
at $6,500 level.
Arts, Culture, History, Entertainment, and Sports
Subcategory: Culture and Entertainment
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
18 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Telangana
Association: Festival of
Colors
A grant would provide funds to Sacramento Telangana Association (STA) to organize and host the Festival of Colors. This festival marks the arrival of spring and is a celebration of fertility, color, and love, and a time for people to get together and enjoy themselves with friends, families and the community. Funding would cover event rental costs, promotion, materials and supplies, refreshments, etc.
$8,000 $8,000 1 Council recommended full funding for
this grant request.
19 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Telangana
Association: Festival of
Flowers
A grant would provide funds to Sacramento Telangana Association (STA) to organize and host the "Bathukamma" Festival known as the Festival of Flowers. The fall festival is held annually to celebrate the inherent relationship between earth, water, plants, flowers, and human beings. STA is partnering with other nonprofits and organizations for wider community outreach. A grant would allow STA to help educate and organize this festival in Rancho Cordova by funding event rental costs, promotion, education, dinner, etc. $25,000 $25,000 1 Council recommended full funding for
this grant request.
20 Arts, Culture,
History,
Entertainment,
and Sports
Gujarati Samaj of
Sacramento (GSS):
Navratri Cultural Picnic
GSS is a local non-profit organization that aims to share its cultural traditions with Rancho Cordova. The annual Navratri springtime picnic would include performances and entertainment for children and adults. Funding would cover event costs for facilities, supplies, food, etc.
$5,200 $5,200 1 Recommended for event sponsorship
at the requested amount of $5,200.
26 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Telangana
Association:
International Kite
Festival
Sacramento Telangana Association (STA) proposes to bring the International Kite Festival to the City of Rancho Cordova. Across the world and the United States, many cities have similar annual festivals attracting kite flyers from all over. This will be a free event open to all ages. Organizers are seeking funding to cover rental costs, kites and spools, refreshments, event promotion, etc.
$8,000 $8,000 1 Council recommended full funding for
this grant request.
Subtotal of ACHES: Culture and Entertainment $102,000 $85,700 28 Arts, Culture,
History,
Entertainment,
and Sports
College Esports -
Second Annual Rancho
Cordova Scholastic
Esports and Gaming
Expo
The aim of this proposed project is to host an esports tournament where gamers can compete, interact, and learn about the latest trends in the esports industry. The event would build off of the 2024 program and would include live broadcasted esports tournaments; a showcase for scholastic esports clubs, game developers, and vendors; giveaways; speaker sessions surrounding education and careers; along with screen-free activities. They are seeking funding to cover room rentals, event staff, marketing, broadcasting, prizes, etc.
$50,000 $25,000 1 Recommended to receive same
funding allocation as in previous year.
31 Arts, Culture,
History,
Entertainment,
and Sports
Sacfit: 16th Annual
Parkway Half Marathon/
5K/ Kids' Otter Dash
The Parkway Half Marathon is a premiere regional footrace event that promotes Rancho Cordova as an active lifestyle community. The event organizers are requesting support for the annual event including the Otter Dash which is free for Rancho Cordova youth. $20,000 $20,000 1 Council recommended full funding for
this grant request.
33 Arts, Culture,
History,
Entertainment,
and Sports
Art of Living Foundation
Yoga Fest
The Art of Living Foundation invites Rancho Cordova residents and businesses to celebrate International Yoga Day. Activities will include healthy living workshops, yoga demonstrations, and promoting yoga's benefits for overall well-being. $7,500 $7,500 1 Council recommended full funding for
this grant request.
35 Arts, Culture,
History,
Entertainment,
and Sports
Cordova Girls Softball:
Softball Complex
Signage Project
Cordova Girls Softball seeks professional signage for the entrances, fields and use of facilities at the fields and facilities at Mills Middle School and Cordova High School. The project will include signage for fields, direction signage for visiting teams and residents, and facility use instructions.
$20,000 $20,000 2 Council recommended full funding for
this grant request.
36 Arts, Culture,
History,
Entertainment,
and Sports
Cordova Girls Softball:
Enhanced Opening Day
to Celebrate 60th year in
March 2025
Cordova Girls Softball will celebrate 60 years of service to Rancho Cordova athletes and families. Organizers are planning an enhanced opening day experience for the community with skits, alumni gatherings, Hall of Fame activities, and fun activities for all ages. $21,500 $21,500 1 Council recommended full funding for
this grant request.
Arts, Culture, History, Entertainment, and Sports
Subcategory: Sports and Wellness
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
39 Arts, Culture,
History,
Entertainment,
and Sports
PAL Holiday Run The Holiday Run is an annual event featuring a 5K, 10k and 1.2 mile run for youth and adult participants. Operated by Rancho Cordova Police Activities League, the intent for the PAL Holiday Run is to increase health and generate support for free activities and programs benefitting Rancho Cordova youth.
$22,125 $6,500 1 Recommended for event sponsorship
at $6,500 level.
42 Arts, Culture,
History,
Entertainment,
and Sports
SABA/BARC: Growing
the Cycling Community
in Rancho Cordova
2024/25
SABA/BARC will build on prior efforts to educate, support , and advocate for increased biking and better bicycling amenities for Rancho Cordova residents. Organizers will provide bike-related services throughout the city, engagement at public events, and social media messaging to empower bike riders and increase ridership. $20,689 $20,000 1 Recommended for funding at the
$20,000 level. Applicant can prioritize
various needs.
CC3 Arts, Culture,
History,
Entertainment,
and Sports
Youth Sports Growth
and Startup Fund Bucket
Under prior Council direction, established funding for youth sports for the purpose of growing an existing league or starting a new league in Rancho Cordova, including, but not limited to, the purchase of new equipment, new uniforms, fees, and other required costs.
This is an estimated amount.
- Application 38 Rancho Cordova Wrestling Club: $10,000 - Application 45 VB Even Out: Six-Week Volleyball Strength & Conditioning and Skills Camps/Clinics: $10,000
- Application 47 Rancho Cordova Track Club: $10,000
$30,000 $30,000 1 Recommended disposition of funding
is listed under description field.
PA4 Arts, Culture,
History,
Entertainment,
and Sports
Rancho Cordova Junior
Lancers Football &
Cheer: Reorganization
The Junior Lancers seek to attract new players and families through youth sports excellence. The Junior Lancers are looking at ways to better cycle athletes through off
‐
season training programs. Junior Lancers seeks a grant to outfit teams with essential safety gear and training equipment. Funding would cover things such as cheer and football player packs, cheer camp, cheer events, uniforms, tents, spirit wear, snack bar supplies, team dinners, field goal post wraps, distance markers, facility equipment, football training bags, football training equipment, training for coaches, helmet reconditioning, etc. $50,000 $50,000 N/A Previously awarded as a multiyear
request. They are approved for:
FY 2024-2025: $50,000PA5 Arts, Culture,
History,
Entertainment,
and Sports
Cordova Community
Council Foundation
Third Restated Agreement includes funding from Measure H for sports programming. $248,000 $248,000 N/A The final year of a two year agreement.
FY 2024-2025: $530,000
Subtotal of ACHES: Sports & Wellness $489,814 $448,500
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
21 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Children's
Museum: Building
Buddies Exhibit
Sacramento Children’s Museum requests funding support to bring a new immersive exhibit called Building Buddies to Rancho Cordova. The Sacramento Children's Museum staff and exhibits engage children in hands-on STEAM (science, technology, engineering, art, and science) learning experiences while fostering teamwork and sharing. This exhibit will be open to the community September 2024-January 2025.
$84,550 $84,550 1 Council recommended full funding for
this grant request.
25 Arts, Culture,
History,
Entertainment,
and Sports
Capital Airshow Group:
Destination Aviation
Capital Airshow Group’s NEW “Destination Aviation” STEM program will engage students (ages 9-14) with a deep dive into aviation career fields through experiential learning, allowing participants to engage in hands-on learning activities, and memorable guest speakers in a camp-style environment.
$75,000 $6,500 1 Recommended for event sponsorship
at $6,500 level.
29 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Children’s
Museum: General
Operations Support
Sacramento Children’s Museum requests $150,000 per year for three years to support our organization’s continued growth and stability. Funding would enable the Sacramento Children's Museum to increase open hours for Leo’s Learning Lab, add more essential staffing, expand access to underserved families, and host family-friendly community events. This is a multiyear request.
$150,000 $150,000 1 This is multiyear request for three years for:
FY 2024-2025: $150,000
FY 2025-2026: $150,000
FY 2026-2027: $150,000
50 Arts, Culture,
History,
Entertainment,
and Sports
Sacramento Splash:
Youth Environmental
Leadership Camp (YELC)
Sacramento Splash's Youth Environmental Leadership Camp engages youth in local environmental issues, where students learn how to protect air, water, energy, and ecosystems from the impacts of climate change and suburban development. Funding provides Rancho Cordova youth with access to this premier learning experience. $45,000 $35,000 1 Recommended to receive same
funding allocation as in previous year.
91 Arts, Culture,
History,
Entertainment,
and Sports
PAL Outdoor Adventure
Club
Outdoor Adventure Club provides Rancho Cordova youth with outdoor or indoor adventures depending on weather. PAL utilizes these adventures to build our kids' confidence, promote social skills, develop knowledge in nature, utilize teamwork capabilities and improve physical fitness health. Funds would cover costs of entrance fees, materials, transportation, etc.
$21,000 $18,000 1 Recommended to receive same
funding allocation as in previous year.
93 Arts, Culture,
History,
Entertainment,
and Sports
Kiwanis Club of Rancho
Cordova: Book Buddies
Club
Books Buddies Club promotes family literacy by expanding home libraries, inspiring curiosity, and building a lifelong passion for reading. This proposal aims to create a more personalized and community-driven approach to promoting literacy in Rancho Cordova by including children and youth in the book selection process. Funding would provide for books, materials, supplies, etc. for the community engagement and literacy program. $16,000 $7,500 1 Recommended for funding at the
$7,500 level. Applicant can prioritize
various needs.
102 Arts, Culture,
History,
Entertainment,
and Sports
Rancho Cordova Police
Department Police
Activities League Vans
The Rancho Cordova Police Activities League (PAL) provides support to Rancho Cordova youth. This grant request is to fund two vans to provide transportation services to/from activities coordinated by PAL. PAL takes participants to the Rancho Cordova Youth Center, trainings, leadership programs, and Outdoor Adventure Club events. $39,600 $39,600 1 Recommended to receive full grant
request.
Subtotal of ACHES: Youth Programs $431,150 $341,150
Arts, Culture, History, Entertainment, and Sports
Subcategory: Youth Programs
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
54 Education Soil Born Farms: Food,
Health and
Environmental Career
Pathway Program
Soil Born Farms seeks to grow the impact of its Rancho Cordova’s K-12 Food, Health and Environment Career Pathway, expanding a flexible continuum of standards-aligned learning in school gardens and at its farm education center, culminating in career exploration and job training in partnership with Cordova High School’s career technical education programs.
$62,637 $50,000 1 Recommended to receive same
funding allocation as in previous year.
55 Education Center for Landbased
Learning's Student &
Landowner, Education &
Watershed Stewardship
(SLEWS) Program -
The Student & Landowner Education & Watershed Stewardship (SLEWS) program engages high school students from the City of Rancho Cordova in habitat restoration through a series of field days at real projects that develop science skills and environmental stewardship incorporating hands-on, place-based, environmental education activities.
This is a three year request for funding. Fiscal Year 2024-2025 request is for $92,278, Fiscal Year 2025-2026 request is for $96,099, and Fiscal Year 2026-2027 request is for $100,110. $92,278 $35,000 1 Recommended to receive same
funding allocation as in previous year.
57 Education 916 Ink: Find Your Voice
Creative Writing
Workshop Series
916 Ink will partner with classroom teachers and school site administrators to provide high- quality, creative writing workshops for 100, 3-12 grade Rancho Cordova students at 4 school sites. All participating students will have the opportunity to become a published author.
$50,397 $50,000 1 Recommended to receive same
funding allocation as in previous year.
75 Education Suvidha International
Foundation: Speech &
Debate Programs
The Speech and Debate programs enhance communication, critical thinking, and persuasion, preparing students for academic, professional, and civic success through competitive engagement. Funding covers materials and supplies, awards recognition and essential items.
$10,600 $7,500 1 Recommended for funding at the
$7,500 level.
Council
Addition1
Education Council Request:
Historic Black College
Field Trip Experience for
Rancho Cordova High
School Students
United College Action Network requests support for a Spring 2025 tour of Historic Black Colleges and Universities (HBCU) which would include funding for both 20 youth/students and 5 adult chaperones at a cost of $3,000 per participant. Total amount for one year of funding for FCUSD student and adult participants requested is $75,000. Program would support participants attending local high schools in Rancho Cordova including George Washington Carver School for the Arts and Science and Cordova High School. $75,000 $40,000 1 Council recommended $40,000 for
this pilot project to be available to all
high school students in Rancho
Cordova.
PA7 Education PRO Youth:
Governments Engaging
Youth in the City of
Rancho Cordova
Youth @ City Council and Summer @ City Hall provide Rancho Cordova youth opportunities to learn about City functions and civic processes. Participants gain a unique perspective into City Hall as they interact with City staff and leaders while also gaining valuable skills that support their success as students and community leaders. The proposed program provides a two
‐
pronged approach for 50 youth, ages 13
‐
18, to engage in
government and civic education in the City of Rancho Cordova. Students will learn more about the history of Rancho Cordova and be provided with opportunities to share their views and suggestions for continuing to improve community relationships by making the City of Rancho Cordova a welcome and safe place for all. Youth participants will meet and interact with local and regional leaders in the private, public, and nonprofit sectors to learn about those leaders' views of the business/economic climate in Rancho Cordova and share their own views on innovative and creative ways a city can thrive. Grant funding would support staff costs, participant stipends, etc.
$80,000 $80,000 N/A This is the last year of a multiyear request. They are approved for:
FY 2024
‐
2025: $80,000
Education
Subcategory: Citywide
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
PA8 Education Suvidha International
Foundation: Ranchobot
Challenge 2024
The proposed robotics program will help Rancho Cordova elementary and middle school students (grades 4 through 8) in designing and coding robots to perform. The students engage in STEAM subjects, hone their computer programming skills, creativity, and develop engineering, leadership and presentation skills. The first year program students will have entry
‐
level training while second year students will have more in ‐
depth training. The
program also facilitates team building activities through youth empowerment and stress
‐
management program for students. As students learn to reduce stress and manage emotions through interactive fun games and activities, they gain ability to build more positive relationships with their peers, parents and coaches and can be great team members. Grant funding would support the purchase of Lego Kits, sensors and parts, awards and trophies, venue rentals, Zoom subscription, etc. $19,000 $19,000 N/A This is the last year of a multiyear request. They are approved for:
FY 2024
‐
2025: $19,000
Subtotal of Education: Citywide $389,912 $281,500
32 Education Rancho Cordova
Student Athlete
Coalition (RCSAC) -
Cordova High Athletic
Improvement Plan
The Rancho Cordova Student Athlete Coalition (RCSAC) will continue its work with Folsom Cordova Unified School District staff to identify academic and athletic needs at Cordova High School. The purpose of RCSAC is to equitably and efficiently support and recognize the diverse Rancho Cordova student-athletes while maintaining, improving, and upgrading all that is Rancho Cordova athletics. The proposed funding will support tutoring programs, educational field trips, advertising and marketing, and enhancements to campus, recognition awards, and salaries for additional coaches, trainers, and enrichment staff.
RCSAC has a booster club component and through this, aims to increase the fundraising efforts at Cordova High School.
$351,000 $251,000 2 Council recommended applicant to
receive $251,000 and they may
prioritize their needs.
56 Education American River Bike
Patrol - Junior Patrol
Cycling Collaboration
with Cordova High
School
The American River Bike Patrol seeks funding to continue developing and operating a robust cycling program at Cordova High School. The bike program provides students with fundamental bicycling skills training and includes guidance on riding on the American River Parkway. The project aims to involve more than 200 students in cycling activities. $30,000 $15,000 1 Council recommended $15,000 for
this grant request.
58 Education Kinney Short Films
Program "Artist in
Residence"
Applicant seeks funding for a film program designed to empower high school juniors and seniors to learn the art of short film production. Student participants will gain film industry knowledge, including skills and resources to conceive, develop, and deliver short films from start to finish.
$16,605 $10,000 1 Recommend to fund new youth
programming at $10,000 level.
59 Education Big Brothers Big Sisters
of Greater Sacramento:
Youth Mentoring
Initiative
Big Brothers Big Sisters of Greater Sacramento seeks to develop its mentoring program in Rancho Cordova. This grant request would support matchmaking initiatives and activities for mentors and mentees.
$29,840 $10,000 1 Recommend to fund new youth
programming at $10,000 level.
63 Education Falkon Robotics: W. E.
Mitchell Middle VEX IQ
Robotics Program
Falkon Academy plans to cultivate STEM interest in 4th to 8th graders at W. E. Mitchell Middle School through an engaging Robotics program. Designed to inspire curiosity, problem-solving, and teamwork, this initiative aims to lay the groundwork for a lasting passion for STEM subjects. Funding is for staffing and supplies. $10,800 $10,800 1 Council recommended full funding for
this grant request.
68 Education Boys & Girls Club at
Navigator Elementary
This project would fund the continuation of Boys & Girls Club's operations at Navigator Elementary through the after-school program held Monday-Friday for over 100 Navigator students.
$75,000 $75,000 1 Council recommended full funding for
this grant request.
Education
Subcategory: Folsom Cordova Unified School District
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
70 Education Folsom Cordova
Community Partnership:
JobEx For Youth (FCCP)
This proposed project focuses on the continuation of career services to high school students, with a focus on Cordova, Kinney and Walnutwood High Schools. JobEx will allow students to graduate with firsthand exposure to a wider array of career opportunities, an informed sense of their career direction and planning, and a strong correlation between continuing education and achieving their career goals. FCCP has established a solid base and continues to see the number of students they assist grow each year. Training topics include types of educational/employment pathways, applying to college, financial literacy, building a professional network, transition into adulthood, and social and emotional development. FCCP staff will network with local businesses to connect and broaden youth to job shadow experiences. Grant funding would support staff costs, program supplies, participant stipends, etc.
$125,000 $75,000 1 Recommended to receive same
funding allocation as in previous year.
72 Education NorCal School of the
Arts Theatre Arts &
Conflict Resolution
(Social Emotional
Learning - SEL)
Integration Program &
After School Theatre
production at
Williamson and Cordova
Villa Elementary Schools
NorCal School of the Arts will provide every classroom at Williamson Elementary School and Cordova Villa Elementary School with 10 Theater Arts & Conflict Resolution (SEL) integrated classes. NorCal School of the Arts will also provide both schools with an after school production and after school performing arts classes for students. $50,000 $42,375 1 Recommended for funding at the
$42,375 level. Applicant can prioritize
various needs.
74 Education Campus Life
Connection: Point Break
Anti-Bullying Workshops
Point Break is a nationally-recognized, evidence-based, anti-bullying/pro-empathy workshop, that reduces barriers existing between students. Through high-energy activities, interaction with caring adults and relevant discussion, students participate in full-day programs that focus on empathy and respect. Students respond to the day's challenges with self-reflection and acknowledging personal responsibility, enabling them to begin pursuing behavioral change.
$22,000 $7,500 1 Recommended for funding at the
$7,500 level. Applicant can prioritize
various needs.
76 Education FCUSD: Athletic Support
for Mills, Mitchell &
Kinney
This grant request is to provide funds for expenses related to physical fitness programs and afterschool sports at Mills Middle School, Mitchell Middle School and Kinney High School. $70,000 $70,000 3 Recommended to receive full grant
request. Staff to work with applicant
following additional discussion.
78 Education FCUSD: Community
Cultural Appreciation
Concert
Folsom Cordova Unified School District serves students and families from a variety of diverse cultures. Folsom Cordova Unified School District wishes to create an opportunity for students and the community to engage in and celebrate the diverse cultures through music and performances. This request is for event and performance costs. $5,500 $5,000 3 Recommended to receive $5,000. Staff
to work with applicant following
additional discussion.
CC4 Education Field Trips & Assemblies
Bucket for FCUSD
Under prior Council direction, established funding for future field trips/assemblies and other experiential learning opportunities for Rancho Cordova public school students/schools. This is an estimated amount.
$50,000 $50,000 3 Council recommended full funding of
the application for FCUSD: Outdoor
Science Trips for Rancho Cordova
Elementary Schools Grades TK-5:
$50,000 within the field trips and
assemblies allocation for FCUSD. Staff
to work with applicant following
additional discussion.
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
PA9 Education Cordova Lancers
Leaders & Legends: Free
Mentoring program
Mentors@Cordova High,
MACH@Mills, and
MACH@Mitchell Middle
Schools
Mentors@Cordova High, MACH@Mills, and MACH@Mitchell Middle Schools are free programs that provide participants with the opportunity to earn while they learn and serve through the provision of supplemental educational, social, and vocational opportunities.
Members receive guidance from mentors and earn rewards for demonstrated improvement in attendance/grades/behavior and for participating in community service. Members attend weekly meetings where expectations are set, guest speakers deliver life skill/vocation messages, and program participants share their successes. Weekly tutoring is provided and monthly community service activities are organized to instill the value of civic engagement and giving back to the community that gives to the students. Quarterly parent engagement events are hosted to strengthen family ties and help educate parents on available resources. Grant funding is being requested to ensure the continuation of this program and added support is being requested to build capacity through a paid internship program to teach MACH Alumni the skills needed to manage this program which is a new component for 2023
‐
2024. Grant funding through Measure H would support staff costs, tutoring, internship stipends, program incentives, and activities at the three campuses. $129,150 $129,150 N/A Previously approved as this was a multiyear request. They are approved
for:
FY 2024
‐
2025: $129,150
FY 2025
‐
2026: $135,607
PA10 Education FCUSD: Book Recovery
and Expansion
This was approved as a multiyear request beginning in FY 2022 2023 and ending in FY 2025
‐
2026. Each fiscal year during this timeframe is $75,000. This is a multiyear request. $75,000 $75,000 N/A Previously approved as this was a
multiyear request. They are approved
for:
FY 2024
‐
2025: $75,000
FY 2025
‐
2026: $75,000
PA11 Education FCUSD: Mills Middle
School Positive Behavior
Intervention Supports
This was approved as a multiyear request beginning in FY 2022 2023 and ends in FY 2024
‐
2025. Each fiscal year during this timeframe is $20,000. This was a multiyear request. $20,000 $20,000 N/A Previously approved as this was a
multiyear request. They are approved
for:
FY 2024
‐
2025: $20,000
Subtotal of Education: Folsom Cordova Unified School District $1,059,895 $845,825 51 Education EGUSD: Sunrise
Elementary Garden
Project
This project aims to create a fully-functioning outdoor classroom with tables and seating for student use at the existing Sunrise Elementary school garden. $5,051 $3,000 1 Recommended for funding at the
$3,000 level. Applicant can prioritize
various needs.
53 Education EGUSD: Sunrise
Elementary
Multipurpose Room
Sound System
Sunrise Elementary was originally built and opened in 2007. This request is to provide support for replacing deteriorating sound equipment including wireless microphones. $29,850 $29,850 1 Recommended to receive same
funding allocation as in previous year.
61 Education EGUSD: Robert J.
McGarvey Elementary
Garden Project
This project aims to make the space a fully functioning outdoor classroom with tables and seating for student use.
$14,500 $3,000 1 Recommended for funding at the
$3,000 level. Applicant can prioritize
various needs.
Subcategory: Elk Grove Unified School District
Education
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
65 Education EGUSD: Robert J.
McGarvey Elementary
STEAM Assemblies,
Field Trips, & Family
Nights
McGarvey Elementary seeks to enrich the educational experience of students with hands- on exposure to Science, Technology, Engineering, Arts, and Mathematics (STEAM) through engaging field trips, assemblies, and inclusive family nights. This project aims to inspire a love for learning, strengthen family involvement in education, and nurture students' interest in STEAM disciplines.
$19,400 $13,925 1 Recommended to receive same
funding allocation as in previous year.
CC5 Education Field Trips & Assemblies
Bucket for EGUSD
Under prior Council direction, established funding for future field trips/assemblies and other experiential learning opportunities for Rancho Cordova public school students/schools. Council recommended for funding the following applications:
- Sunrise Elementary: $7,500 (Application #52)
- McGarvey Elementary: $7,500 (Application #64)
$15,000 $15,000 1 Recommended to fund two EGUSD
applications at $7,500 per request.
PA12 Education EGUSD: Robert J.
McGarvey Elementary
School Student Video
Lab
Robert J. McGarvey Elementary School is proposing to create a video lab with state of the art equipment to enhance student multimedia presentations. Funding would allow for the purchase of audio, video, and editing equipment for grades 4 – 6 to create and publish multi
‐
media presentations and establish a Griffin News program where the students and staff present a short daily news broadcast for the school and community. Funding would also be used to create a video lab space using existing equipment. Additionally, funds would support training students and staff how to optimize the equipment through online instruction and professional training. As the program matures, other grade levels will be brought in to utilize the lab.
$6,000 $6,000 N/A Previously approved as this was a
multiyear request. They are approved
for:
FY 2024
‐
2025: $6,000
FY 2025
‐
2026: $6,000
Subtotal of Education: Elk Grove Unified School District $89,801 $70,775 CC6 Education Field Trips & Assemblies
Bucket for SCUSD
Under prior Council direction, established funding for future field trips/assemblies and other experiential learning opportunities for Rancho Cordova public school students/schools. This is an estimated amount.
$15,000 $15,000 1 George Washington Carver School for
the Arts & Science: $5,000
A.M. Winn: $5,000
Abraham Lincoln: $5,000
Council
Addition2
Education Council Request: Mural
for SCUSD Elementary
Program
Funding will support the creation of two murals on the AM Winn campus in Lincoln Village and a family-friendly community festival to celebrate the arts. In collaboration with Rancho Cordova Arts, AM Winn's staff and parent teacher organization will recruit Rancho Cordova muralists and students to participate in a mural design. Muralists will mentor student artists during mural creation. The murals will be pre-approved by Sacramento City Unified School District prior to installation. To celebrate the completion of the murals, a community festival will be held, bringing families from the neighborhood and school community together to participate in and enjoy AM Winn cultural diversity through art, music and food.
$10,000 $10,000 1 Council recommended a $10,000
grant amount for this project in FY
2024-2025.
PA13 Education SCUSD: Carver College
Prep and Summer Bridge
Program
This was approved as a multiyear request beginning in FY 2022 2023 and ends in FY 2024
‐
2025. Each fiscal year during this timeframe is up to $29,150. This is a multiyear request.
$29,150 $29,150 N/A Previously approved as this was a
multiyear request. They are approved
up to:
FY 2024
‐
2025: $29,150
Subtotal of Education: Sacramento City Unified School District $54,150 $54,150 Education
Subcategory: Sacramento City Unified School District
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
101 Other Rancho Cordova Moose
Lodge: Family Center
Improvement Program
The Rancho Cordova Moose Lodge is a community facility and gathering place for Rancho Cordova families and community organizations. This grant request is to enhance Rancho Cordova Moose Lodge facilities and increase public health and safety through improvements to the lodge's HCAC system and roof.
$197,000 $50,000 3 Recommended for funding at the
$50,000 level. Applicant can prioritize
various needs.
116 Other
Benevolent and
Protective Order of Elks,
Rancho Cordova Lodge
#2484: Elks
Enhancement Program
This grant request is to provide funding for materials, supplies and costs associated with enhancing the Rancho Cordova Elks Lodge.
$35,000 $20,000 3 Recommended for funding at the
$20,000 level. Applicant can prioritize
various needs.
Subtotal of Other: Capital Improvement $232,000 $70,000 96 Other Rancho Cordova Area
Chamber of Commerce:
EXPLORE Rancho
Cordova
This multiyear request is to expand the Rancho Cordova Chamber of Commerce's EXPLORE Rancho Cordova program that greets both new residents and employees moving into Rancho Cordova. EXPLORE introduces community amenities to newcomers to enhance their experience and pride of being in Rancho Cordova. As the city prepares to welcome thousands of new residents, the program is poised for growth over the next three years. Fiscal Year 2024-2025 request is for $78,091. This is a multiyear grant request. $78,091 $75,000 1 Fund for three years at $75,000 per
fiscal year:
FY2024-2025: $75,000
FY2025-2026: $75,000
FY2026-2027: $75,000
97 Other Folsom Cordova
Community Partnership:
Rise & Thrive Collective:
Building Brighter Futures
Through Education, Art,
and Commerce (FCCP)
FCCP Rise & Thrive Collective: Building Brighter Futures Through Education, Art, and Commerce is a dynamic community initiative designed to uplift and support African American families through a series of engaging group speaker sessions focused on education, art, and business.
$47,898 $10,000 1 Recommended to receive one year of
funding for a pilot program at $10,000.
Subtotal of Other: Economic Development & Mobility $125,989 $85,000 PA14 Other Blessings in a Backpack:
Rancho Cordova
This is a multiyear request that began in FY 2022 2023 and ends in FY 2024 2025. Each fiscal year during this timeframe is $25,000. This is a multiyear request. $25,000 $25,000 N/A Previously approved as this was a
multiyear request. They are approved
for:
FY 2024
‐
2025: $25,000
PA15 Other FCUSD: Homeless
Student Services
This is a multiyear request that began in FY 2022 2023 and ends in FY 2024 2025. Each fiscal year during this timeframe is $15,000.
$15,000 $15,000 N/A Previously approved as this was a
multiyear request. They are approved
for:
FY 2024
‐
2025: $15,000.
Subtotal of Other: Serving Homeless & Food Insecurity $40,000 $40,000 84 Other Whisker Warriors:
Spay/Neuter/Vaccine
Program
Applicant seeks to continue its successful animal care program providing spay/neuter services and additional essential services to vulnerable canines and felines in Rancho Cordova.
$50,000 $50,000 1 Recommended to receive full grant
request.
Other
Subcategory: Capital Improvement
Other
Subcategory: Economic Development & Mobility
Other
Subcategory: Serving Homeless & Food Insecurity
Other
Subcategory: Other
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
85 Other Nimbus Films:
LABRACADABRA
Rancho Cordova Invents
the Future of American
Cities
Nimbus Films requests support for LABRACADABRA: Rancho Cordova Invents the Future of American Cities. Producers seek funding to create a documentary film that covers innovation and technology transforming the way Rancho Cordovans live, work and play in the future. Many innovations hatched in the “labs” of Rancho Cordova will serve as model programs for other cities.
$69,600 $69,600 2 Council recommended full funding
and for staff to work with applicant for
clarity of the film project.
103 Other Habitat for Humanity of
Greater Sacramento:
Rancho Cordova Anti-
Displacement Home
Repair Project
The Project responds to housing crisis issues by solving health, accessibility, and safety concerns in homes owned by low-income families, veterans, and elderly residents on limited incomes. By fixing long-deferred maintenance projects, critical repairs, and code violations, Habitat for Humanity helps Rancho Cordova families stay in their already affordable homes and avoid displacement.
$300,000 $150,000 1 Recommended to receive same
funding allocation as in previous year.
Single year request for funding.
114 Other Sierra Service Project:
Rancho Cordova Home
Repair Workforce
Development Academy
Sierra Service Project will hire a team of 7 young adults for its second Rancho Cordova Home Repair Workforce Development Academy . Youth will learn how to use power tools and complete home repairs for low-income residents, develop leadership skills by training youth volunteers, and explore career opportunities through weekly trainings with industry professionals.
$86,299 $75,000 1 Recommended to receive same
funding allocation as in previous year.
117 Other Rebuilding Together:
Home and
Neighborhood
Improvement Campaign
This project will enhance the residents’ quality of life, community pride, and engagement. It will result in improvements at 30 low-income households each year. Homeowners are older adults, those with disabilities, or families with children. Homes will receive critical, health, safety, beautification upgrades and minor safety modifications. This is a multiyear grant request for two years at $150,000 per year.
$150,000 $150,000 1 Recommended two receive two years
of funding for:
FY 2024-2025: $150,000
FY 2025-2026:$150,000
CC7 Other Local Community
Service Partnerships
Bucket
Under prior Council direction, established funding to grow and strengthen community partnerships in Rancho Cordova. Small community grants are available through an ongoing application process for up to $5,000 each and no more than $10,000 per organization in a calendar year. Other details are found on the City's website. This is an estimated amount. $75,000 $75,000 N/A
Subtotal of Other: Other $730,899 $569,600
Subtotal of ACHES: Arts $589,314 $550,150
Subtotal of ACHES: Culture and Entertainment $102,000 $85,700 Subtotal of ACHES: Sports & Wellness $489,814 $448,500
Subtotal of ACHES: Youth Programs $431,150 $341,150
Subtotal of Education: Citywide $389,912 $281,500
Subtotal of Education: Folsom Cordova Unified School District $1,059,895 $845,825 Subtotal of Education: Elk Grove Unified School District $89,801 $70,775 Subtotal of Education: Sacramento City Unified School District $54,150 $54,150 Subtotal of Other: Capital Improvement $232,000 $70,000 Subtotal of Other: Economic Development & Mobility $125,989 $85,000 Subtotal of Other: Serving Homeless & Food Insecurity $40,000 $40,000 Subtotal of Other: Other $730,899 $569,600
$4,334,924 $3,442,350Total of FY 2024-2025 Applications and Multiyear Agreements:
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution
FY 2024-2025 Community Enhancement Investment Fund Budget and Project List Application Category Application Name Project/Program Description FY 2024-2025 CEIF Request
FY 24/25 Council
Approved Amount
Contract
Preparation
Category
Notes
LF Legacy Fund Legacy Fund 2024/25 Legacy Fund Placeholder Allocation for Fiscal Year 2024/25 includes allocations for the following projects:
- Rancho Cordova Little League: Continued Improvement Plan, Facility Enhancements & Equipment, $45,000
- Soil Born Farms: American River Ranch Animal Barn Project, $513,778 $2,925,000 $2,417,650 3
Subtotal Legacy Fund Allocation $2,925,000 $2,417,650
PS1 Public Safety Rancho Cordova Police
Department Crime
Suppression Unit (CSU)
Funding for four officers and two marked patrol cars for the CSU $1,513,380 $1,513,380 N/A PS2 Public Safety ShotSpotter ShotSpotter Technology to enhance officer efficiency to calls of reported gun fire $300,000 $300,000 N/A PS3 Public Safety FCUSD School Resource
Officer Sergeant (50%)
Funding of a .5 FTE Rancho Cordova Police Department Sergeant for Youth Services including at Folsom Cordova Unified School District sites $190,000 $190,000 N/A
PS4 Public Safety Rancho Cordova Police
Department Folsom,
Olson, Zinfandel (FOZ)
Officer
Funding of a Rancho Cordova Police Department Problem Oriented Policing (POP) Officer focusing on FOZ and businesses
$282,374 $282,374 N/A
Subtotal Public Safety Allocation $2,285,754 $2,285,754 PW1 Public Works/
Infrastructure
Sunrise Boulevard
Rehabilitation (White
Rock to Douglas)
Sunrise Boulevard Rehabilitation (White Rock to Douglas) $900,000 $900,000 N/A PW2 Public Works/
Infrastructure
Enhanced Litter &
Graffiti Abatement
Enhanced Litter & Graffiti Abatement $225,000 $225,000 N/A PW3 Public Works/
Infrastructure
Sidewalk Rehabilitation
Program
Sidewalk Rehabilitation Program $200,000 $200,000 N/A
PW4 Public Works/
Infrastructure
Enhanced City Urban
Forest
Enhanced City Urban Forest $100,000 $100,000 N/A
PW5 Public Works/
Infrastructure
Folsom Blvd.
Undergrounding
Folsom Blvd. Undergrounding $400,000 $400,000 N/A
Subtotal Public Works/Infrastructure Allocation $1,825,000 $1,825,000 LP1 Legacy Project
Operations
Legacy Project Operation Youth Center Operations $863,500 $863,500 N/A LP2 Legacy Project
Operations
Youth Services Officer &
Student Award
Programs
Funding of a Rancho Cordova Police Department PAL/Youth Center Officer, student award programs, and youth outreach events
$290,746 $290,746 N/A
Subtotal Legacy Project Operations Allocation $1,154,246 $1,154,246 ADM Administration Administration Funding for the administration of the Community Enhancement & Investment Fund (5% of total annual Community Enhancement & Investment Fund budget) $575,000 $575,000 N/A
Subtotal Administration $575,000 $575,000
Total of Initiatives + Administration $8,765,000 $8,257,650 $13,099,924 $11,700,000FY 2024-2025 Applications and Multiyear Agreements, Initiatives + Administration
ITEM 12.1.
ATTACHMENT 2
Exhibit A to the Resolution