CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, October 21, 2024
4:45 PM - Special Meeting/Closed Session
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
How to Observe or Listen to the Meeting:
•Online via Zoom: https://cityofranchocordova.zoom.us/j/81630466928 Webinar ID: 816 3046 6928
•By phone: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 816 3046 6928
Public Comment
Members of the public who wish to address the City Council may do so in person during the meeting by completing and submitting a Speaker Card to the City Clerk.
Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 2:00 p.m. on Monday, October 21, 2024. Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 p.m. will be distributed to the Council.
If you have questions related to the City Council Meeting, please contact the City Clerk’s Office at (916) 851-8720 before Monday, October 21, 2024, at 2:00 p.m.
AMENDED AGENDA
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Rancho Cordova City Council - AMENDED AGENDA
Special and Regular Meeting of Monday, October 21, 2024
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
2. PUBLIC COMMENT
At a special meeting, members of the public wishing to address the Council for any matter on the agenda may do so at the time the matter is discussed. Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda.
3. ADJOURN TO CLOSED SESSION
Mayor Sander will adjourn the meeting to closed session.
4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
5. CLOSED SESSION
Council will meet in closed session to discuss the following items:
5.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) DPML Bear Hollow, LLC, a Delaware limited liability company and DPML Stonecreek, LLC, a Delaware limited liability company v. City of Rancho Cordova, City Council of Rancho Cordova, and DOES 1 through 25, inclusive. Sacramento Superior Court Case No. 23WM000122.
6. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.
7. ADJOURNMENT TO REGULAR MEETING
Mayor Sander will adjourn closed session to the Regular meeting.
8. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
9. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.
10. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.
11. INVOCATION
There will be a moment of silence in lieu of the invocation.
12. PRESENTATIONS
12.1. Folsom Lake College/Rancho Cordova Promise Program Update.
12.2. New Employee Introductions: Rachel Trinh, Development Senior Analyst by Elizabeth
Rancho Cordova City Council - AMENDED AGENDA
Special and Regular Meeting of Monday, October 21, 2024
Sparkman, Community Development Director.
12.3. Presentation of Proclamation to Community Development Director Elizabeth Sparkman in Honor of her Retirement.
12.4. Council Member Garrett Gatewood's Birthday on October 23, 2024.
13. PUBLIC COMMENT
Members of the public wishing to address the Council for any matter not on the agenda may do so at this time by completing and submitting a Speaker Card to the City Clerk.
For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.
Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.
14. COUNCIL REPORTS
15. CITY MANAGER'S REPORT
16. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
16.1. Subject: Meeting Minutes from the Regular City Council Meeting of October 7, 2024.
Recommendation: Adopt the minutes.
16.2. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova, State of California, Amending Title 16, Chapter 16.85 of the Rancho Cordova Municipal Code with Regards to Collection of Fees for Measure A Transportation Improvements.
Recommendation: Waive the second reading and adopt the Ordinance.
16.3. Subject: A Resolution Authorizing the City Manager to Execute On-Call Contract No. 2024- 232 in an Amount not to Exceed $3,000,000 with Salaber Associates, Inc. for Construction Management Services for Locally-Funded Projects.
Recommendation: Adopt the Resolution.
16.4. Subject: A Resolution Authorizing the City Manager to Execute On-Call Contract No. 2024- 233 in an Amount not to Exceed $3,000,000 with Psomas for Construction Management Services for Locally-Funded Projects.
Recommendation: Adopt the Resolution.
16.5. Subject: A Resolution Authorizing the City Manager to Execute a Forgivable Predevelopment Loan Agreement with Related California for the Mills Crossing Affordable Housing Project in the Amount of $750,000 Utilizing the Permanent Local Housing Authority Funding.
Recommendation: Adopt the Resolution.
16.6. Subject: A Resolution Accepting a Grant from the U.S. Department of Justice Community Oriented Policing Services (COPS) in the Amount of $175,000 and Authorizing the City Manager or his Designee to Execute a Grant Agreement.
Recommendation: Adopt the Resolution.
Rancho Cordova City Council - AMENDED AGENDA
Special and Regular Meeting of Monday, October 21, 2024
16.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-239 with Sacramento County for Reduced Tipping Fees at Kiefer Landfill for Disposal of Residential Waste Collected in Rancho Cordova by Atlas Disposal Starting January 1, 2025.
Recommendation: Adopt the Resolution.
16.8. Subject: A Resolution Declaring the City's Intention to Impose an Annual Stormwater Utility Fee for the Maintenance of Storm Drainage and Flood Protection Systems for the Sunridge Park III Project.
Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sunridge Park III project.
16.9. Subject: A Resolution Approving the Boundary Map for the Sunridge Park III Project Annexation to the City of Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens).
Recommendation: Adopt the Resolution.
16.10. Subject: A Resolution Approving the Annexation of the Sunridge Park III Project to the City of Rancho Cordova Community Facilities District No. 2014-2 (Street, Lighting and Landscape Maintenance).
Recommendation: Adopt the Resolution.
17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
17.1. Subject: A Resolution Adopting the 2025-2029 Community Development Block Grant Consolidated Plan and 2025 Annual Action Plan.
Recommendation: Adopt the Resolution.
18. PUBLIC HEARING ITEMS
None.
19. REGULAR CALENDAR ITEMS
19.1. Subject: Horn Road Light Rail Station Presentation by Sacramento Regional Transit.
Recommendation: Receive the presentation from Sacramento Regional Transit.
19.2. Subject: Rancho Cordova Youth Center Update.
Recommendation: Receive the presentation.
19.3. Subject: A Resolution Authorizing the Issuance of Special Tax Bonds for and on Behalf of the City of Rancho Cordova Grantline 220 Community Facilities District No. 2023-1, Improvement Area No. 2 Approving and Directing the Execution of a Fiscal Agent Agreement, Approving the Form of Preliminary Official Statement, Approving Sale of Such Bonds, and Approving Other Related Documents and Actions.
Recommendation: Adopt the Resolution.
20. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
21. ADJOURNMENT
Rancho Cordova City Council - AMENDED AGENDA
Special and Regular Meeting of Monday, October 21, 2024
ADDITIONAL INFORMATION
Special Meetings listed below are subject to change/cancellation without further notice.
Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.
UPCOMING MEETINGS
October 29, 2024 5:30 PM Special Meeting/Work Session
November 4, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting November 18, 2024 5:30 PM Regular Meeting
November 26, 2024 5:30 PM Special Meeting/Work Session
December 2, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting December 16, 2024 5:30 PM Regular Meeting
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast and Direct TV U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Persephonie Riley, Assistant City Clerk for the City of Rancho Cordova, declare that the foregoing Amende Agenda for the October 21, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on October 18, 2024, at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.
Rancho Cordova City Council - AMENDED AGENDA
Special and Regular Meeting of Monday, October 21, 2024
Signed October 18, 2024, at Rancho Cordova, California.
Persephonie Riley, CMC
Assistant City Clerk
ITEM 16.1. ATTACHMENT 1
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, October 7, 2024
4:30 PM PST – Special Meeting/Closed Session
5:30 PM PST – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive
Rancho Cordova CA 95670
Hampton Inn & Suites Rapid City Rushmore - Lobby
825 Eglin St Bldg A
Rapid City, SD 57701
DRAFT MINUTES
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Sander called the Special meeting to order in the David B. Roberts Council Chambers at 4:33 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander (attended via teleconference)
Council Members Absent: None
Staff Members Present: Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
2. PUBLIC COMMENT
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.
3. ADJOURN TO CLOSED SESSION
Mayor Sander adjourned the meeting to closed session at 4:35 p.m.
4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Sander called closed session to order at 4:35 p.m.
ITEM 16.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, October 7, 2024
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander (attended via teleconference)
Council Members Absent: None
Staff Members Present: Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
5. CLOSED SESSION ITEM
Council met in closed session to discuss the following item:
5.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: 2875 Kilgore Road, Rancho Cordova APN: 072-0490- 024-0000. City Negotiators: Micah Runner, City Manager, and Adam U. Lindgren, City Attorney. Under Negotiation: Price and Terms of Payment.
6. ADJOURN TO REGULAR MEETING
City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.
Mayor Sander adjourned closed session to the regular meeting at 5:10 p.m.
7. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Sander called the Regular meeting to order in the David B. Roberts Council Chambers at 5:36 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander (attended via teleconference)
Council Members Absent: None
Staff Members Present: Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner
8. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
9. PLEDGE OF ALLEGIANCE
Diann Rogers led the pledge.
10. INVOCATION
Ruby Smallwood with the Sacramento Law Enforcement Chaplaincy gave the invocation.
11. PRESENTATIONS
11.1. Celebration of the Cordova High Lancers Football Team's 400th Win.
11.2. Presentation of Proclamations in Recognition of Manufacturing Month.
11.3. Sacramento Area Bicycle Advocates Presentation.
12. PUBLIC COMMENT
ITEM 16.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, October 7, 2024
Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Jason Williams
2. Lori Powell
3. Helen Whelan-Bashaw
4. James Garcia
5. Chrstine Flaherty
6. Abirami Duraiswamy
Mayor Sander closed the public comment period.
13. COUNCIL REPORTS
Council reported on events since the last meeting.
14. CITY MANAGER'S REPORT
City Manager Micah Runner gave his report.
15. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Mayor Sander stated that item 15.3 would be pulled for separate discussion.
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.
ACTION: Motion to approve item 15.1 through 15.2 and 15.4 through 15.9 by Terry second by Gatewood;
Motion passed with a 5:0 vote.
15.1. Subject: Meeting Minutes from the Regular City Council Meeting of September 16, 2024, and the Special Meeting of September 24, 2024.
Recommendation: Adopt the minutes.
15.2. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova, State of California, Amending Title 23, Zoning Code, Article 9 Specific Use Provisions of the City of Rancho Cordova Municipal Code.
Recommendation: Waive the second reading and adopt the Ordinance.
15.3. Subject: Second Reading of an Ordinance of the City Council of the City of Rancho Cordova, State of California, Repealing Sections 9.85.010-9.85.060 "Protection of Critical Infrastructure and Wildfire Risk Areas," and Adding Sections 9.85.010-9.85.070, to Title 9. Chapter 9.85 of the Rancho Cordova Municipal Code "Camping." Recommendation: Waive the second reading and adopt the Ordinance.
Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
2. Jim Garcia
Mayor Sander closed the public comment period.
ACTION: Motion to approve item 15.3 by Terry second by Budge; Motion passed with a 5:0 vote.
15.4. Subject: A Resolution Authorizing an Application for the California Department of
ITEM 16.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, October 7, 2024
Housing and Community Development Prohousing Incentive Pilot (PIP) Program Round
3. Recommendation: Adopt the Resolution.
15.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-216 with 50 Corridor Transportation Management Association in an Amount not to Exceed $1,000,000 for Community-Based Travel Planning Programming.
Recommendation: Adopt the Resolution.
15.6. Subject: A Resolution Declaring the Results of the Mail Ballot Election Relating to the Imposition of the Annual Stormwater Utility Fee (SWUII w LID) on The Preserve Project in the City of Rancho Cordova.
Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the annual Stormwater Utility Fee (SWUII w LID) on The Preserve project.
15.7. Subject: A Resolution Declaring the Results of the Mail Ballot Election for Rancho Cordova Transit-Related Services Special Tax Area Zone 34 for The Preserve Project.
Recommendation: Adopt the Resolution.
15.8. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-218 with Sacramento Regional Transit District in an Amount not to Exceed $212,344 for Light Rail Station Cleaning and Maintenance Services.
Recommendation: Adopt the Resolution.
15.9. Subject: A Resolution Authorizing the City Council to Approve the Third Amendment to the Sacramento Central Groundwater Authority Joint Powers Agreement.
Recommendation: Adopt the Resolution.
16. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.
ACTION: Motion to approve item 16.1 by Budge second by Pulipati; Motion passed with a 5:0 vote.
16.1. Subject: Resolutions Approving the Measure A Nexus Study, Approving the Amended Agreement on Operational Protocols and an Ordinance Amending Chapter 16.85 of the Rancho Cordova Municipal Code.
Recommendation: It is recommended that the Council approve and adopt the following:
1. Adopt the Resolution approving the 2024 Sacramento Countywide Transportation Mitigation Fee Program Nexus Study (2024 SCTMFP Nexus Study).
2. Adopt the Resolution approving the Amended Agreement on Operating Protocols for the Sacramento Countywide Transportation Mitigation Fee Program.
3. Waive first reading and introduce the Ordinance Amending Chapter 16.85 of the Rancho Cordova Municipal Code (Establishment of Development Impact Fees Measure A Transportation Improvements).
17. PUBLIC HEARING ITEMS
ITEM 16.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, October 7, 2024
None.
18. REGULAR CALENDAR ITEMS
18.1. Subject: Update from Atlas Disposal on Implementation of Residential Solid Waste Collection and Street Sweeping Contract Beginning January 1, 2025.
Recommendation: Receive the presentation from Atlas Disposal.
Council Member Terry recused himself due to a conflict of interest related to his spouse's employer.
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.
ACTION: Input was received regarding an Update from Atlas Disposal on Implementation of Residential Solid Waste Collection and Street Sweeping Contract.
18.2. Subject: A Resolution to Approve Joining the Sacramento Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) as a Member Agency of the SPTC-JPA and the Continuing Funding Agreement.
Recommendation: Consider and adopt the Resolution to approve joining the Sacramento Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) as a member agency and the continuing funding agreement of $27,500 annually. It is anticipated from SPTC costs will rise to $40,000 annually at the beginning of the next fiscal year.
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.
ACTION: Motion to approve item 18.2. by Budge second by Terry; Motion passed with a 5:0 vote.
18.3. Subject: Animal Services Update
Recommendation: Receive information.
Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.
ACTION: Input was received regarding the Animal Services Update.
19. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.
20. ADJOURNMENT
Mayor Sander adjourned the meeting in memory of Bill Camp at 7:28 p.m. ___________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 1
ITEM 16.2.
DATE: October 21, 2024
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director
SUBJECT: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA,
AMENDING TITLE 16, CHAPTER 16.85 OF THE RANCHO CORDOVA
MUNICIPAL CODE WITH REGARDS TO COLLECTION OF FEES FOR
MEASURE A TRANSPORTATION IMPROVEMENTS
RECOMMENDATION
Waive the second reading and adopt the Ordinance.
RESULT OF RECOMMENDED ACTION
Adoption of the Ordinance would amend Title 16 Building and Construction, Chapter 16.85 Measure A Impact Fees for Measure A Improvements, as further described in Attachmnent 2.
BACKGROUND
On October 7, 2024, the City Council waived the first reading and passed to a second reading of the Ordinance.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact on the City's general fund.
ATTACHMENT(S)
1. Ordinance
2. Exhibit A to the Ordinance
ITEM 16.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 3
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AMENDING PORTIONS OF CHAPTER 16.85 OF THE RANCHO
CORDOVA MUNICIPAL CODE WITH REGARDS TO THE COLLECTION OF FEES FOR
MEASURE A TRANSPORTATION IMPROVEMENTS
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Declarations.
WHEREAS, on June 7, 2006, by Resolution No. 06-0006, the Sacramento Transportation Authority (STA) adopted the Measure A Nexus Study, which identified the additional public facilities required by new development and determined the amount of revenue needed from development impact fees to be imposed on a countywide basis, so that all new development pays its fair share of the costs of new public facilities needed to serve such development. The Measure A development impact fee became become effective on April 1, 2009, and extends through March 31, 2039, in order to fund new development’s fair share of the costs of the transportation improvements included in the Measure A expenditure plan needed to serve such development in the future.
WHEREAS, Title 16, Chapter 16.85 was added to the Rancho Cordova Municipal Code to enact the Measure A Mitigation Fee Program as established by the STA. Implementation of the Measure A Mitigation Fee Program by each jurisdiction within the County of Sacramento was a condition of STA’s approval of the new Measure A sales tax and expenditure plan, which was approved by the voters in Sacramento County in November of 2004. STA’s Ordinance No. 04-01 provides that no revenues from the new Measure A sales tax shall be provided to a local jurisdiction unless it implements the Measure A Mitigation Fee Program.
WHEREAS, on June 13, 2024, the STA Governing Board adopted the 2024 Sacramento Countywide Transportation Mitigation Fee Program Nexus Study (“2024 SCTMFP Nexus Study”), with an updated project list, includes a Smart Growth Arterials and Corridors program, and updated fee amounts and new residential fee structures to align with AB 602 requirements for fees to be proportional to square footage categories with the new updated rates to be effective January 1, 2025;
WHEREAS, on August 8, 2024, the STA Governing Board approved a resolution amending the Operating Protocols Agreement to utilize the updated SCTMFP fee rates and the 2024 SCTMFP Nexus Study which now includes additional exemptions for ADUs less than 750 square feet, excludes development projects intended for public uses by the County or a City, and has fee reductions for developments in infill areas or with reduced parking availability and transit oriented development; and
WHEREAS, certain amendments to the Title 16 (Building and Construction), Chapter
16.85 Establishment of Development Impact Fees to for Measure A Transportation Improvements are necessary to reflect updates to the 2024 Nexus Study and Amended Operating Protocols Agreement; and
ITEM 16.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 3
WHEREAS, the purpose of this amendment is to is to incorporate additional land use categories and definitions and incorporate additional exemptions.
WHEREAS, on October 7, 2024, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.
Section 2. Findings: The City Council hereby finds:
CEQA Compliance. Public Resources Code (PRC) Section 21080(b)(8) and CEQA Statutory Exemption Section 15273(a)(4) allow for the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The ordinance amendments are to reflect changes in the newly adopted 2024 SCTMFP Nexus Study to include new land use categories and definitions and additional exemptions to the Measure A Fee. This action clearly meets the requirements of PRC Section 21080(b)(8) and CEQA Statutory Exemption Section 15273(a)(4) because it will fund capital improvement projects within the existing service area of the Rancho Cordova City Limits and would not result in the expansion of the transportation system or any other uses or activities.
Therefore, the proposed action is not subject to the provisions of CEQA.
Section 3. Amendments to Title 16 (Building and Construction) The City Council hereby adopts the amendments to Chapter 16.85 Establishment of Development Impact Fees to for Measure A Transportation Improvements of Title 16 (Building and Construction), as shown and incorporated in Exhibit A to this ordinance.
Section 4. 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 and effect.
To this end, provisions of this Ordinance are severable. The City Council 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 5. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced sixty (60) days after its adoption.
ITEM 16.2. ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 3
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21 st day of October, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
David Sander, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova
Municipal Code
Amendments
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Only those sections and/or subsections listed within this document are being amended. Unless otherwise indicated, all sections and subsections prior to and after the amended section and/or subsection shall remain, unchanged.
CHAPTER 16.85 ESTABLISHMENT OF DEVELOPMENT IMPACT FEES FOR
MEASURE A TRANSPORTATION IMPROVEMENTS
Section 16.85.020 (Definitions) shall be amended as follows:
16.85.020 Definitions.
Unless the contrary is stated or clearly appears from the context in which a term is used, the following definitions shall govern construction of the words and phrases used in this chapter:
A. “Automatic annual adjustment” means the automatic annual adjustment of development impact fees based on the inflation factors described in RCMC 16.85.120.
B. “Accessory Dwelling Unit” (ADU) means an attached or detached permanent dwelling unit that provides complete independent living facilities (permanent provisions for living, sleeping, eating. cooking, and sanitation) for one or more persons and which is located on a lit with a proposed or existing primary dwelling.
C. “City code” means the City of Rancho Cordova Municipal Code.
D. “Citywide benefit district area” means the real property located within the jurisdictional boundaries of the city, and as said boundaries may be adjusted from time to time.
E. “Development” means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements.
F. “Development project” shall have the same meaning as defined by subsection (a) of Government Code Section 66000, as such section may be amended from time to time.
G. “Dwelling unit” means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepting therefrom any unit rented or leased for temporary residency, such as a motel and hotel room.
H. “Fee” and “impact fee” and “development impact fee” mean the monetary exaction as defined by subsection (b) of Government Code Section 66000, as such section may be amended from time to time, and shall include, but not be limited to, the fees established pursuant to this chapter.
I. “Fee resolution” means Resolution No. 04-2009, or any subsequent resolution adopted by the city council which implements the provisions of this chapter, including, without limitation, the setting of the amounts of the various fees established hereby and the adoption of provisions for credits, reimbursements and deferral relating to such fees.
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
J. “Government Code” means the Government Code of the state of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as it may thereafter be amended or renumbered from time to time.
K. “Health and Safety Code” means the Health and Safety Code of the state of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as it may thereafter be amended or renumbered from time to time.
L. “Housing Development” means a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use.
M.. “Industrial Use” any Development Project that involves manufacturing, transportation, logistics or similar uses.
N. “Low income” and “very low income” housing is defined in Sections 50079.5 and 50105, respectively, of the Health and Safety Code.
O. “Measure A” means Ordinance No. 04-01 adopted by the Sacramento Transportation Authority on July 29, 2004, which established the Sacramento Countywide Transportation Mitigation Fee Program to be implemented by the County of Sacramento and each city within the county by April 1, 2009.
P. “Measure A administration fee” means the fee imposed by the city for the cost of collection, deposit, investment, accounting, remittance and reporting of the Measure A development impact fee.
Q. “Measure A development impact fee” means a development impact fee established to provide funding for public facilities to benefit new development within the city.
R. “Measure A expenditure plan” means the Sacramento County Transportation Expenditure Plan 2009-2039 dated June 10, 2004, as adopted by the Sacramento Transportation Authority under Ordinance No. 04-01, which specifies the allocation of Measure A sales taxes and Measure A development impact fees for specified public facilities.
S. “Measure A nexus study” means the Development Impact Fee Study dated June 2, 2006, as originally adopted by the Sacramento Transportation Authority by Resolution No. 06-0006 and updated by the 2024 Nexus Study Update Report dated May 24, 2024 adopted by the Sacramento Transportation Authority by Resolution No.24-0005.
T. “Multi-Family Residential Use” means any Development Project that uses a single parcel for two (2) or more dwelling units within one (1) or more building(s) including, without limitation, duplexes, townhouses, condominiums and apartments, but excluding an Accessory Dwelling Unit.
U. “Normalized cost per trip” means the medium-sized single family residential fee rate listed in Section 2.1 of the Protocols Agreement divided by the average weekday trip generation rate for a single family residence (9.44) per the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Ed.). the normalized cost per trip is $167 and will be adjusted annually per RCMC 16.85.120.
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
V. “Office Use” means any Development Project that involves business activities, associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices, personal services, or similar uses.
W. “Participating Agencies” means the County of Sacramento, the City of Citrus Heights, the City of Elk Grove, the City of Folsom, the City of Galt, the City of Isleton, the City of Rancho Cordova, and the City of Sacramento. Each may be referred to individually as “Participating Agency.”
X. “Protocols Agreement” means the New Measure A Sacramento Countywide Transportation Mitigation Fee Program Agreement on Operating Protocols, dated August 2024, with the Sacramento Transportation Authority, as approved by the Authority on August 8, 2024, by Resolution No 24-006 or as may be subsequently amended.
Y. “Public facilities” means the public improvements, public services and community amenities as defined by subsection (d) of Government Code Section 66000, as such section may be amended from time to time. The term “public facilities” only includes transportation improvements and infrastructure to be designed, constructed, installed and acquired to serve the specified benefit district area, as well as the transportation-related public service and community amenities to serve the specified benefit district area, which improvements and infrastructure are described in the applicable financing plan, expenditure plan, and/or nexus study (collectively “plan” or “study”). The costs of the design, construction, installation and acquisition of the specified public facilities, which are to be financed partially by the development impact fee program, is set forth within the plan or study. Where applicable under the plan or study, the term “public facilities” includes the acquisition of land relating to such improvements, infrastructure, public services and community amenities. The term “public facilities” also means a specific public improvement or infrastructure where the context requires a singular meaning.
Z. “Retail Use” means any Development Project that involves retailing of merchandise, generally without transformation, retail food services, and rendering of services incidental to the sale of merchandise at a fixed point of sale.
AA. “Reduced Parking Availability” means a development project where State law requires the City to approve the project with reduced parking, including without limitation, projects pursuant to Government Code Sections 65913.4 and 65915.
BB. “Senior Residential Use” means any Development Project that qualifies as housing for older persons pursuant to CGC Section 12955.9.
CC. “Single Family Residential Use” means any Development Project that uses a single parcel for only one residential dwelling unit. “Single Family Residential Use” also includes any Development Project that involves one primary dwelling and one Accessory Dwelling Unit on a single lot.
DD. “STA” means the Sacramento Transportation Authority.
EE. “ Transit Oriented Development” means a housing development that satisfies all the following characteristics: (a) the housing development is located within one-half mile of a transit station and there is direct access between the housing development and the transit station
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
along a barrier-free walkable pathway not exceeding one-half mile in length; (b) convenience retail uses, including a store that sells food, and located within one-half mile of the housing development; and (c) the housing development provides either the minimum number of parking spaces required by the local ordinance, or no more than the onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less.
FF. “Transit station” has the meaning set forth in Section 66005.1(d) of the Government Code. [Ord. 1-2009 § 3].
Section 16.85.080 (Exemptions) shall be amended as follows:
16.85.080 Exemptions.
The following shall be exempted from payment of the fees established by this chapter:
A, Accessory Dwelling Units less than 750 square feet.
B. The rehabilitation or reconstruction of any residential or non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the established applicable fee rate for that portion f square footage that is new.
C. New low-income housing as defined in Health and Safety Code Section 50079.5 and very low-income housing as defined in Health and Safety Code Section 50105.
D. Projects intended for public use where the applicant is one of the Participating Agencies.
E. Any development project that is subject of a valid development agreement entered into pursuant to CGC Section 65864 prior to April 1, 2009, that includes a provision exempting it from future fees or fee increases; provided, however, that if the term of such a development agreement is extended after April 1, 2009, the SCTMFP shall be imposed.
F. Any development project for which an application for a vesting tentative map authorization by CGC Section 66498.1 was deemed complete prior to April 1, 2009. [Ord. 1-2009 § 3].
Section 16.85.135 (Adjustment of Fees) is hereby added as follows:
A Calculation of Fee for ADUs.
ADUs greater than 750 square feet shall be subject to a fee hereunder that is equal to the ratio of the floor area of the ADU compared to the primary unit, multiplied by the fee that would be charged on the primary unit, if the primary unit was being newly built.
B. Calculation of Fee for Mixed Use Projects.
For Projects that include two or more different types of uses, the amount of the fee imposed on the entire Development Project shall be proportionally determined based on the relative footprint associated with the various uses, as determined by the Public Works Director.
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
C Reduced Fees for Areas with Reduced Parking Availability.
Developments in areas with Reduced Parking Availability may be subject to reduced fees, at the sole discretion of the Public Works Director, if the development project results in reduced trip generation. Any such fee reduction must be supported by a Traffic Study submitted by the Applicant and prepared and stamped by a licensed Traffic or Civil Engineer and which has been accepted by the City Engineer.
D. Fees for Housing Developments.
1. Generally. The fee imposed pursuant to this Chapter for a Transit Oriented Development shall be set at a rate that reflects a lower rate of automobile trip generation associated with that Transit Oriented Development in comparison with non-Transit Oriented Development, unless the City adopts findings after a public hearing establishing that the Transit Oriented Development would not generate fewer automobile trips than a non-Transit Oriented Development. If a housing development does not satisfy the characteristics of a Transit Oriented Development, the City will charge a fee pursuant to this Chapter that is proportional to the estimated rate of automobile trip generation associated with the housing development.
2. Traffic Study.
2.1. Project-Specific Traffic Study. Housing developments seeking a fee adjustment pursuant to this section shall submit a traffic study, stamped by a licensed Traffic or Civil Engineer (and which has been accepted by the City Engineer), which demonstrates the lower rate of automobile trip generation associated with the applicable housing development compared to the Nexus Study.
2.2. Alternative Traffic Study. A Transit Oriented Development may submit to City a traffic study, stamped by a licensed Traffic or Civil Engineer (and which has been accepted by the City Engineer), which demonstrates the lower rate of automobile trip generation associated with Transit Oriented Developments and other similar types of development compared to non-Transit Oriented Developments. In the event a Transit Oriented Development submits the Alternative Study pursuant to this section, the Finance Director, in consultation with STA, may apply a standard Transit Oriented Development fee reduction based on studies related to Transit Oriented Developments unless the applicable Transit Oriented Development elects to provide City with a Project-Specific Traffic Study, as described in RCMC Section 16.85.135(D)(2.1), for the Public Works Director to use in calculating the appropriate fee hereunder.
E Re-purposing/Reuse of Existing Buildings.
A. The fee imposed pursuant to this Chapter for any re-purposing or change in use of existing buildings shall only apply to the net increase in average daily trips attributable to the new purpose or use, as compared to the prior established use.
B. Fees shall be calculated hereunder by comparing the rates applicable to the prior and new uses as designated in the City’s Fee Schedule and calculating the resulting offset. In the alternative, where a proposed land use is not clearly listed in the Fee Schedule, the fee shall be calculated as follows:
ITEM 16.2. ATTACHMENT 2
Exhibit A to the Ordinance
1. Calculate the difference between previous average daily trips and new average daily trips at the property. The determination of average daily trips for the purpose of comparing previous and proposed uses shall be by reference to trip generation rates obtained from the Institute of Traffic Engineers.
2. Multiply the result by the normalized cost per trip.
C. Requests for a fee adjustment pursuant to this provision shall be made to the City in writing.
The Finance Director shall determine whether a development project has made the required showing for a fee adjustment.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.3.
DATE: October 21, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ON-CALL CONTRACT NO. 2024-232 IN AN AMOUNT NOT TO
EXCEED $3,000,000 WITH SALABER ASSOCIATES, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR LOCALLY-
FUNDED PROJECTS
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute on-call Contract No. 2024-232 with Salaber Associates, Inc. in an amount not to exceed $3,000,000 for Construction Management Services for locally-funded projects.
BACKGROUND
In order to provide flexibility to adapt to a variable development and construction market, the Public Works Department employs the assistance of qualified consultants for construction management, inspection, and plan review services. The on-call contracts allow the City to draw upon greater resources, thus increasing the ability to handle workload peaks and maintain efficient response times.
In 2024, a Request for Qualification solicitation for Construction Management Services was conducted for locally-funded projects. The City received nine submittals from firms in the region and through the competitive selection review process, two firms are recommended for approval.
Those two firms are Psomas and Salaber Associates, Inc.
The on-call contract with Salaber Associates, Inc. will be a 3-year on-call term with a City's option of two 1-year extensions. The total contract value is for $3,000,000 over the full term of the contract.
FISCAL IMPACT AND FUNDING SOURCE
Construction management of capital improvement projects is paid for through various funding sources earmarked for the projects. The total contract value is for $3,000,000 over the full term of the contract with specific project assignments drawing down against the full contract amount.
City Council Staff Report - Page 2 of 2
These services do not impact the City's General Fund.
ATTACHMENT(S)
1. Resolution
2. Contract No. 2024-232
ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ON-CALL CONTRACT NO. 2024-232 IN AN AMOUNT NOT TO EXCEED $3,000,000 WITH SALABER ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR LOCALLY
FUNDED PROJECTS
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2024-232 with Salaber Associates, Inc. in an amount not to exceed $3,000,000 for on-call construction management services for locally-funded projects; and
WHEREAS, the Public Works Department employs the assistance of qualified consultants for construction management, inspection, and plan review services in order to provide flexibility to adapt to variable development and construction demands; and
WHEREAS, the contract will be paid through various funding sources earmarked for the projects. The contract does not impact the City's General Fund; and
WHEREAS, the Public Works Department performed a competitive request for qualifications solicitation to develop the qualified on-call construction management consultants; and
WHEREAS, on-call construction management contracts allow the City to draw upon greater resources, thus increasing the ability to handle workload peaks and maintain efficient response times.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-232 with Salaber Associates, Inc. in an amount not to exceed $3,000,000 for Construction Management Services for locally-funded projects in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 1 of 15 PR
OFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND
SALABER ASSOCIATES, INC. FOR ON-CALL CONSTRUCTION MANAGEMENT
SERVICES ON LOCALLY FUNDED PROJECTS
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Salaber Associates, Inc., a California Corporation (“Professional”) as of October 21, 2024.
Section 1. SERVICES . Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1. 1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2027 unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by a contract amendment.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
1.5 Consultant’s Report or Meetings:
1. 5.1 Reserved
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 2 of 15
1 .5.2 If this Agreement does require “on-call” consulting services:
a. Professional shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted once a month. The report should be sufficiently detailed for the City’s Contract Administrator to determine if the Professional is performing to expectations, is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties of special problems encountered, so remedies can be developed.
b. Professional’s Project Manager shall meet with City’s Contract Administrator as needed to discuss progress on the project.
1.6 Inspection of Work. Professional and any sub-consultant of Professional shall permit the City to review and inspect the project activities and files at a reasonable times during the performance period of this contract including review and inspection on a daily basis.
Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed Three Million Dollars and zero cents, ($3,000,000.00) notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 3 of 15
A
Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
The Professional’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B.
Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 4 of 15
2 .8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.
Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 5 of 15
L
abor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 6 of 15
a
. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 7 of 15
a
. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 8 of 15
P
rofessional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 9 of 15
o
fficers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Section 6. STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 10 of 15
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 11 of 15
i
n, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 12 of 15
t
he performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 13 of 15
9 .3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 14 of 15
P
rofessional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Edgar Medina ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Professional shall be sent to:
Bob LoRusso, President
10969 Trade Center Drive, Suite 108
Rancho Cordova, CA 95670
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:
Edgar Medina, PE, Contract Administrator
2729 Prospect Park Drive
City of Rancho Cordova, CA 95670
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. Page 15 of 15
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA PROFESSIONAL
______________________________ ______________________________ Micah Runner, City Manager Bob LoRusso, President
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 1 of 7
E
XHIBIT A
SCOPE OF SERVICES
1.1. SCOPE
The Consultant shall only perform work that is assigned in an authorized Task Order. The executed on-call contract does not guarantee that a Task Order will be issued.
The Consultant shall provide Construction Managers (hereinafter referred to as “CM”), licensed as Professional Civil Engineer Registered in the State of California, for a wide range of services including but not limited to: administration, project inspection, quality assurance, materials testing, safety, claims mitigation, document control, labor compliance, construction management and constructability review. The CM shall qualify and act as the City’s Resident Engineer in accordance with state and federal requirements.
The Consultant will not be responsible for the construction staking but will be required to confirm/verify correctness; construction staking will be performed by the design engineer or contractor under a separate contract. The construction manager services will encompass serving as the City's Representative to the Construction Contractor and the public with regard to activities at the construction site, interpretation of the requirements of the Construction Contract Documents, assessing the acceptability of the Contractor's work, and materials sampling and testing.
All inspection, materials testing, construction management, and related activities shall be completed in accordance with the latest edition of, but not limited to, the following documents:
• Regulatory Agency Permits
• City/County Standards
• Caltrans Standard Test Methods
• Caltrans Manual of Traffic Control for Construction & Maintenance Work Zones • Caltrans Construction Manual & Bulletins
• Manual of Uniform Traffic Control Devices & California Supplement • City of Rancho Cordova Construction Procedures Manua
• Caltrans LAPM and LAPG
1 .2. PROJECT TASKS
For each specific construction project the Consultant shall be issued a Task Order.
The Task Order shall detail the tasks required, schedule, and projected costs. The costs will be based on the specified rates of compensation in the Agreement. The City shall confer with the Consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date.
Specific services anticipated to be included are as follows:
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 2 of 7
A. C ONSTRUCTABILITY REVIEW
The purpose of constructability reviews during project development is to ensure that projects are biddable, buildable, cost-effective and maintainable. Constructability reviews involve the optimum use of construction knowledge and experience in the planning and development of a project.
One of the primary goals of constructability reviews is to foster a greater level of involvement by construction personnel during project planning and development. The Regional/Resident/Maintenance Engineers and staff are key providers of comments on constructability issues throughout the project development process.
Waiting to conduct constructability reviews in the late stages of design is not effective. By project end, significant resources have been expended in developing the design. Plan changes at this late stage are costly to implement, have a significant effect on the project schedule and may conflict with long established approved permits and commitments. It is imperative that knowledgeable construction people are involved early in planning and development.
Deliverables:
• One copy of the final Constructability Review
B. ADMINISTRATION
The projects included in this agreement are for local funds. The Consultant shall provide construction administration of the project to facilitate the ongoing construction efforts and maintain State and City regulations. At a minimum the Consultant shall:
• Comply with Cal-OSHA regulations regarding safety equipment and procedures, and safety i
nstructions issued by the State.
• Provide labor compliance services including, but not limited, to monitoring contractor compliance w
ith applicable labor laws.
• Ensure compliance with Contractor’s DBE requirements. • Provide administrative, management and related services as required to coordinate the work of the C
ontractor, to complete the project in accordance with contract documents, State regulations and in accordance with the City’s objectives for cost, time and quality. • Coordinate with the City, Caltrans and all other involved agencies to obtain and comply with all r
equired permits.
• Prepare all ongoing documentation, testing and other administration associated with the project f
unding.
• Review the construction schedule, including activity sequences and durations, schedule of s
ubmittals and schedule of delivery for products with long lead-time. Work with the Contractor to maintain the project schedule to show current conditions and suggest revisions that may be required.
• Prepare a cost control program. Provide continuous monitoring of the approved estimate of c
onstruction cost, showing actual costs for activities in progress and estimates for incomplete tasks. Identify variances between actual and budgeted or estimated costs and advise the City ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 3 of 7
whenever projected costs exceed budgets or estimates.
• Recommend necessary or desirable changes in the construction Contractor’s scope of work to the C
ity, review and evaluate Contractor’s request for changes, assist in negotiating Contractor’s proposals, submit recommendations to the City supported by field data, and if they are accepted, prepare change orders for signature and the City’s authorization. • Maintain strict cost accounting records on authorized work performed under unit costs, additional w
ork performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
• Develop and implement procedures for the review and processing of applications by Contractor for p
rogress and final payments. Make recommendations for certification to the City for payment. • Consult with the Design Engineer and the City if the Contractor requests interpretations of the m
eaning and intent of the drawings and specifications, and assist in the resolution of questions, which may arise.
• Provide a staffing schedule each month for the following month. This schedule is subject to the C
ity’s approval.
• Manage any utility work to be performed by utility agencies (work not part of Contractor’s r
esponsibilities).
C. DOCUMENTATION OF PRE-CONSTRUCTION CONDITIONS
Consultant shall document pre-construction conditions using photographs, written notes, and video. The entire site shall be video recorded prior to construction. Special or sensitive areas shall be noted and extra documentation may be required.
Deliverables:
• Copies of all documentation, including photographs, notes and video D. DOCUMENTATION AND RECORD KEEPING
The Consultant shall maintain all documents to provide a detailed account of the construction effort, progress and contractual obligations. The Consultant shall provide at a minimum the services below:
• Verify that all required certificate of bonds and insurance have been received from the Contractor a
nd forwarded to the City for approval.
• Maintain at the project site, on a current basis: a record copy of all contracts, drawings, s
pecifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions, other related documents and revisions which are relevant to the contract work. • During the course of construction, maintain one set of plans with markings and dimensions in red i
nk to denote field changes or other corrections.
• A detailed photographic history of all phases of the project shall be maintained on a daily basis.
E
ach photograph will be labeled as to location, direction of view, date, time and items of interest.
The photographs shall be maintained in an album and the photographs shall be indexed for ease of ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 4 of 7
retrieval. Photos shall also be taken of the following:
o Barricade placement.
o Disputed work items.
o Work that has to be duplicated, replaced, or removed. o Completed work.
o Extra work.
E
. MEETINGS
Consultant shall prepare for and conduct weekly construction progress meetings to discuss such matters as procedures, progress, problems and scheduling and any other required meetings between the Contractor, City, the Design Engineer and any agencies related to the project. Consultant shall take minutes of the meetings and distribute them to attendees within one week of the meeting. Meetings shall be held at the offices of the City of Rancho Cordova Department of Public Works or at a mutually agreeable location determined during the pre-construction meeting.
Deliverables:
• Pre-construction meeting with City and all applicable parties related to the project. • Weekly meetings with City and all applicable parties related to the project. • Any meetings necessary to immediately resolve project issues related to scope, cost, schedule, e
tc.
• Meeting agendas and minutes
F. S
UBMITTALS AND CLARIFICATIONS
The Consultant shall issue documented clarifications and interpretations of the Project Plans and Specifications in response to requests for information (RFI) by the Contractor. The Consultant shall notify the City of any clarifications or interpretations that may result in a change order. The Consultant shall also accept and process submittals, including but not limited to shop drawings, product data, and product samples. The Consultant shall review any submittals deemed appropriate by the City. Submittals requiring review by the Design Engineer shall be logged and transmitted for formal review. Consultant shall be responsible to see that all submittals are reviewed and returned in a timely manner.
Deliverables:
• Copies of submittals
• Copies of all documentation for clarification and interpretation of the Project Plans and S
pecifications
G. QUALITY ASSURANCE
The CM shall review the work of the Contractor, trade and specialty contractors on the project as it is being performed, until final completion and acceptance by the City, to assure that the work performed and materials furnished are in accordance with the contract documents. The CM shall confer with the Project ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 5 of 7
Manager and the appropriate consultants to make the final interpretation, in writing, and transmit it to the C
ity and appropriate parties for resolution.
H. FIELD INSPECTION
Consultant shall provide experienced and qualified field inspectors (who are acceptable to the City) to observe/inspect the Contractor's construction work on a daily basis. The Inspector shall inspect all constructed facilities prior to burial and observe all tests required to be performed by the Contractor or referenced in the Project Plans and Specifications. Field inspectors shall monitor the Contractor's performance for adherence to project plans and specifications, construction quality, cost, and schedule and shall enforce, either approving or rejecting the Contractor’s work in accordance with the requirements of applicable Contract Documents. Inspectors will review the safety programs developed by the Contractor as required by the contract documents and monitor the Contractor’s compliance. Depending on the scope of the project, individual inspectors shall have inspection experience that includes, but is not limited to, the following areas:
1. General site preparation including clearing, grubbing, and mass grading. Environmentally sensitive issues such as wetland preservation/mitigation, tree protection, tree removal and mitigation, water quality management, and erosion control construction and monitoring.
2. Underground construction that includes wet and dry utilities, shoring, canals, detention ponds, etc.
3. New road construction, existing road widening and improvements including subgrade, structural section and paving, knowledge of bridge construction inspection, and pier construction and placement.
4. Other experience applicable to the project.
Daily inspection reports and diaries of Contractor's construction activities shall be prepared and made available to the City on the following day. Daily inspection reports shall include, at a minimum, the following information: Contractor’s activities, weather conditions, discussions with the Contractor, problems and issues dealt with, approved changes, and any other information necessary to create a satisfactory record of the day’s activities at the project site in accordance with standard inspection practice. The Consultant shall document special situations by photograph or video accompanied with a written description. Consultant shall document any defective work until it is repaired to the Consultant’s and City’s satisfaction and quality of work is in accordance with the contract documents.
The Consultant shall prepare and submit a written weekly report to the City describing updates of the project progress, summaries of work performed including percent of work completed, work activities behind schedule, any community relations issues and defective work. All outstanding deficiencies shall also be noted in the weekly report until resolved or settled.
Deliverables:
• Daily Inspection Reports
• Weekly Reports
ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 6 of 7
I. TE STING
Consultant shall provide, coordinate, and monitor all field and laboratory testing of soils, backfill, asphalt concrete, Portland cement concrete, and other testing required by law or the Project Plans and Specifications. Consultant(s) shall perform all testing work with certified technicians including, but not limited to, Caltrans certifications. All Consultant(s) laboratory facilities shall be certified to perform the respective tests according to the Caltrans Quality Assurance Program Manual for use by Local Agencies and shall be approved by the City. Consultant shall review results of tests, forward copies of the results to the City as part of the weekly reports, and work with the Contractor to resolve deficiencies. All test procedures will be in accordance with the latest Caltrans Test Methods and the City of Rancho Cordova Specifications.
Deliverables:
• Copies of all testing results
J
. FINAL COMPLETION & ACCEPTANCE
After the project is substantially complete, the Consultant shall schedule a walk through with the City, request input from all other City Departments needed to prepare a "punch list" of incomplete or unsatisfactory items, and submit the list to the Contractor. Once all work is satisfactorily complete, the Consultant shall deliver a statement to the City indicating that to the best of the Consultant’s knowledge and belief, after diligent investigation including satisfaction of its other obligations under the agreement, the project has been completed in accordance with the Project Plans and Specifications and the Consultant recommends acceptance of the project by the City. The Consultant shall submit the Final Progress Pay Estimate signed by the Contractor.
Deliverables:
• Copies of the Project punchlist
• Copies of the Final Progress Pay Estimate
K
. OTHER TASKS
As part of the inspections and construction administration activities, the Consultant shall include the tasks listed below as part of the overall project activities as listed in the professional services agreement:
1. Consultant shall monitor Contractor's coordination with various utility companies.
2. Consultant shall inspect traffic control and erosion control measures as often as necessary to assure activities are in accordance with the Contract documents and State regulations.
3. Consultant shall provide topographic survey and construction staking services upon request from City.
4. Consultant shall notify the City immediately of any errors or omissions that are found on the plans and specifications during construction.
5. Consultant shall enforce the requirements of the California Labor Code as they pertain to the project. The detailed description of the Labor Code requirements is described in Section 7 of the ITEM 16.3.
ATTACHMENT 2
CONTRACT NO.: 2024-232
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc. --Exhibit A Page 7 of 7
State Standard Specifications.
6 . Consultant shall take appropriate action to ensure correction of observed safety violations under the requirements of the CAL OSHA Construction Safety Orders.
L. PROJECT CLOSEOUT
The Consultant shall submit to the City's Representative the following close out items:
1. The original set of all inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules, correspondence and other documents related to the construction of this project.
2. All records, maps, and plans maintained by the Consultant during construction.
3. All approved shop drawings, submittals and manufacturers' literature maintained by the Consultant during the construction project.
4. One complete set of annotated project progress photographs bound chronologically and video recordings taken before and during construction.
5. One set of record drawings of as-built changes in neat red pencil.
6. Project Closeout file from Consultant Software.
M. WARRANTY INSPECTION
The Consultant shall provide a warranty inspection prior to the warranty expiration date. The Consultant will submit a copy of the warranty report to the City.
N. LOCAL AGENCY OBLIGATIONS
All plans, specifications and data applicable to the projects and in possession of the City of Rancho Cordova are to be made available to the Consultant. The City will assign a City Project Manager for all projects associated with this RFQ to assist/direct the Consultant.
O. ELECTRONIC PROJECT RECORD KEEPING
Consultant shall provide a software program for electronic project record keeping. The program shall be able to record daily progress, problems, transmittals, submittals, requests for information, project documents, inspection logs, change orders and all general correspondences. The program shall be accessed in the field through a computer, cell phone and tablets and the inspector shall have cell or internet coverage at the project site.
P. DEPARTMENT OF INDUSTRIAL RELATIONS – SB 854 COMPLIANCE Consultant shall comply with the Public Works Contractor Registration Law – SB 854 as required by the Department of Industrial Relations.
ITEM 16.3.
ATTACHMENT 2
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Salaber Associates, Inc.--Exhibit B Page 1 of 1
E
XHIBIT B
COMPENSATION SCHEDULE
[See attached Consultant Compensation Schedule]
5396302.2
ITEM 16.3.
ATTACHMENT 2
TITLE / JOB DESCRIPTION HOURLY
RATE*
RESIDENT ENGINEER (PE Licensed) $250
CONSTRUCTION MANAGER (PE Licensed) $250
STRUCTURE REPRESENTATIVE (PE Licensed) $250
ASSISTANT RESIDENT ENGINEER $200
CONSTRUCTION MANAGER/PLAN CHECKER $200
LEAD INSPECTOR - GROUP 1 (Supervisory) $200
SENIOR CONSTRUCTION INSPECTOR - GROUP 2 $190
CONSTRUCTION INSPECTOR - GROUP 2/OFFICE ENGINEER $185
APPRENTICE 5 INSPECTOR $155
APPRENTICE 4 INSPECTOR $140
APPRENTICE 3 INSPECTOR $125
APPRENTICE 2 INSPECTOR $115
APPRENTICE 1 INSPECTOR $110
SPECIALIST INSPECTOR (Electrical) $215
BUILDING INSPECTOR (OSHPD/ICBO Certified) $230
SCHOOL INSPECTOR (DSA Certified) $230
FIELD OFFICE TECHNICIAN / ASSISTANT $160
ADMINISTRATIVE ASSISTANT (Office) $135
PROJECT MANAGER / ENGINEER $270
PRINCIPAL / SENIOR ENGINEER $290
2024 STANDARD RATES
*Hourly rates are all inclusive. They include all vehicle and vehicle expenses, standard inspection and safety equipment, cell phones, computers, printers, and other small incidentals. All personnel are paid, at a minimum, the Base Hourly Rate and Total Hourly Rate of the General Prevailing Wage Determination made by the Director of Industrial Relations Pursuant to California Labor Code for Commercial, Building, Highway, Heavy Construction and Dredging Projects. On multi-year or on-call contracts lasting more than one (1) year there is a 3% escalation on all rates starting April 1 of the subsequent year.
Overtime Rates: Overtime is paid per State requirements, which generally requires payment of overtime (1.5 times regular hourly rate) to non-exempt employees for any hours in excess of eight (8) hours and less than twelve (12) hours per day and on Saturdays, and double time for any hours in excess of twelve (12) hours per day and work on Sunday or holidays. Exempt employees (generally licensed professionals) who work on the job site are generally paid straight time hourly rates for overtime. This results in the following billable rates for overtime:
licensed Resident Engineers and Structure Representatives are the same rate as straight time, all other personnel are billed at the straight time billable hourly rate plus 25% (ie. Construction Inspector (Group 2) = $185 x 1.25 = $231) for OT that is 1.5x, and plus 50% ($185 x 1.5 = $278) for OT that is 2.0x. Second Shift rates add $15/hour on ST Rates for non-exempt employees, plus 25% for OT and plus 50% for 2X OT.
Note: All costs for field office space, field office equipment, and technical field equipment will be billed and reimbursed at the actual lease/rental rates, with no mark-up. Cost for materials such as prints, film, developing, extensive copying, (ie. items that will become property of the client at the end of the project) will be billed and reimbursed at the actual cost, with no mark-up.
Filename: MTsai(2024standardrates)UPDATED240821bl
ITEM 16.3.
ATTACHMENT 2
Contract Administrative Services, Inc.
TITLE / JOB DESCRIPTION HOURLY
RATE*
LABOR COMPLIANCE MANAGER $184
LABOR COMPLIANCE SPECIALIST $145
LABOR COMPLIANCE ASSISTANT $118
OFFICE ENGINEER $158
FIELD OFFICE TECHNICIAN / ASSISTANT $131
PROPOSAL WRITING MANAGER $158
PROPOSAL WRITING ASSISTANT $131
PUBLIC RELATIONS MANAGER $158
PUBLIC RELATIONS ASSISTANT $118
2024 STANDARD RATES
*Hourly rates are all inclusive. They include all vehicle and vehicle expenses, cell phones, computers, printers, and other small incidentals. For multi-year contracts the standard annual escalation rate increase is 3%, beginning January 1 of the subsequent year.
Prevailing Wage: None of the listed personnel shown above are required to be paid prevailing wage. lf inspection persponnel are provided, then, at a minimum, the Base Hourly Rate and Total Hourly Rate of the General Determination made by the Director of Industrial Relations Pursuant to California Labor Code for Commercial, Building, Highway, Heavy Construction and Dredging Projects.
Overtime Rates: Overtime is paid per State requirements, which generally requires payment of overtime (1.5 times regular hourly rate) to non-exempt employees for any hours in excess of eight (8) hours per day or forty (40) hours per week, and double time for any hours in excess of twelve (12) hours per day or work on Sunday or holidays.
Exempt employees (generally licensed professionals) who work on the job site are generally paid straight time hourly rates for overtime. This results in the following billable rates for overtime: RE and Structure Reps are the same rate, all other personnel are billed at the straight time billable hourly rate plus 25% (ie. Inspector - $145 x 1.25 = $181).
Note: All costs for field office space, field office equipment, and technical field equipment will be billed and reimbursed at the actual lease/rental rates, with no mark-up. Cost for materials such as prints, film, developing, extensive copying, (ie. items that will become property of the client at the end of the project) will be billed and reimbursed at the actual cost, with no mark-up.
Filename: CASIstandardrates(2024)240604mc
ITEM 16.3.
ATTACHMENT 2
2024 SCHEDULE OF FEES
(Rates will remain in effect through 12/31/2027. After 1/1/2028, 3% escalation applies for 2028 and 2029)
PROFESSIONAL SERVICES
Engineering Field Technician/Special Inspector I ................................................................................................................................... $90/hr.
Engineering Field Technician/Special Inspector II .................................................................................................................................. 100/hr.
Engineering Field Technician/Special Inspector III/Equipment Operator............................................................................................... 110/hr.
Laboratory Technician/Engineering Assistant ......................................................................................................................................... 95/hr.
Senior Laboratory Technician ................................................................................................................................................................... 110/hr.
Laboratory Supervisor ............................................................................................................................................................................... 140/hr.
Word Processor/Technical Editor/Drafter ............................................................................................................................................... 95/hr.
Research Assistant/Technical Illustrator/Senior Drafter ....................................................................................................................... 110/hr.
Project Coordinator/GIS Specialist .......................................................................................................................................................... 120/hr.
Staff Engineer/Geologist/Scientist/Field Supervisor ............................................................................................................................. 135/hr.
Senior Staff Engineer/Geologist/Scientist .............................................................................................................................................. 145/hr.
Project Engineer/Geologist/Scientist/Construction Supervisor ............................................................................................................. 155/hr.
Senior Project Engineer/Geologist/Scientist ........................................................................................................................................... 170/hr.
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist ....................................................................................................... 185/hr.
Associate Engineer/Geologist/Scientist .................................................................................................................................................. 210/hr.
Principal Engineer/Geologist/Scientist/Litigation Support .................................................................................................................... 240/hr.
Deposition or Court Appearance .............................................................................................................................................................. 425/hr.
Attorney Fees (General) ............................................................................................................................................................................ 400/hr.
Overtime (>8 to 12 hrs.), Saturday, and Night Rate .............................................................................................. 1.5x Regular Hourly Rate Overtime (>12 hrs.), Sunday, and Holiday Rate ......................................................................................................... 2x Regular Hourly Rate Minimum Professional Fee .......................................................................................................................................................... $500/Project Minimum Field Services Fee (per day or call-out) .................................................................................................................................. 4 Hours Prevailing Wage Surcharge per California Labor Code §1720, et seq. ................................................................................................ $50/hr.
TRAVEL
Personnel ............................................................................................................................................................................ Regular Hourly Rate Subsistence (Per Diem) ........................................................................................................................................................................ $200/day Vehicle Mileage .................................................................................................................................................................................... 0.75/mile
EQUIPMENT & ANALYTICAL TESTS
Nuclear Gauge ......................... Included in Technician Hourly Rate Level D PPE/Decon Rinse Equipment ............................ $50/day Pick-up Truck ................................................................... $150/day pH/Conductivity/Temperature Meter ............................. 60/day Equipment Truck .............................................................. 225/day 55-gallon drum ................................................................ 90/ea.
Direct-Push Rig/Operator ............................... 200/250(PW)/hr. TPHg (EPA 8015M) .......................................................... 90/ea.
Direct-Push Sample Liner ................................................ 10/ea. TPHd/mo (EPA 8015M) ................................................... 85/ea.
Equipment Trailer ............................................................ 100/day Fuel Oxygenate Compounds (EPA 8260B) ..................... 135/ea.
Wenner 4-Pin Earth Resistivity Meter ............................. 150/day Volatile Organic Compounds (EPA 8260B) .................... 165/ea.
Coring Machine (concrete, asphalt, masonry) ................ 250/day Semi-Volatile Organic Compounds (EPA 8270) ............. 300/ea.
Dynamic Cone Penetrometer .......................................... 250/day CAM 17 Metals (EPA 6010B) .......................................... 210/ea.
Dilatometer (DMT) Test Equipment ................................ 800/day Single Metal (EPA 6010B) ............................................... 45/ea.
Generator or Air Compressor ........................................... 150/day STLC or TCLP Extraction .................................................. 80/ea.
GPS Unit ........................................................................... 160/day Soil pH (EPA 9045C) ........................................................ 30/ea.
Drive-Tube Sampler or Hand-Auger ................................. 50/day Organochlorine Pesticides (EPA 8081) .......................... 130/ea.
Soil Sample Tube (Brass or Stainless) ............................ 12/ea. Naturally Occurring Asbestos (CARB 435) ..................... 125/ea.
Water Level Indicator ....................................................... 50/day Asbestos PLM .................................................................. 25/ea.
Battery-Powered Pump .................................................... 80/day Asbestos 1,000-pt Count ................................................ 100/ea.
Photo-Ionization Meter .................................................... 150/day 48-hr/24-hr Turnaround Time ………………….. 60%/100% surcharge
LABORATORY TESTS
COMPACTION CURVES SOIL AND AGGREGATE STABILITY
4-inch mold (D1557/D698) ............................................ $250/ea. Resistance Value, R-Value (D2844/CAL301) ................ $320/ea. 6-inch mold (D1557/D698) ............................................ 250/ea. R-Value, Treated (CAL301) ............................................. 340/ea.
California Impact (CAL216) ............................................. 250/ea. California Bearing Ratio (D1883) ................................... 175/pt.
Check Point ...................................................................... 100/ea. Stabilization Ability of Lime (C977) ................................ 210/ea.
ITEM 16.3.
ATTACHMENT 2
SOIL AND AGGREGATE PROPERTIES
#200 Wash (D1140/C117) ............................................ $90/ea. Moisture Determination, tube sample (D2216) ............ $20/ea.
Wet Sieve Analysis to #200 (D422/CAL202) ................. 125/ea. Moisture Determination and Unit Weight (D2937) ....... 40/ea.
Dry Sieve Analysis, 1.5”+ Aggregate (D6913) ................ 350/ea. Atterberg Limits: Plasticity Index (D4318) ..................... 210/ea.
Hydrometer Analysis (D422) ........................................... 175/ea. Sand Equivalent (D2419/CAL217) ................................ 100/ea.
Sieve Analysis with Hydrometer (D422) ......................... 200/ea. pH and Resistivity (CAL643) ........................................... 125/ea.
Specific Gravity, Soil (T100) ............................................ 100/ea. Sulfate Content (CAL417) ............................................... 95/ea.
Specific Gravity Coarse Aggregate (C127) ...................... 75/ea. Chloride Content (CAL422) ............................................. 55/ea.
Specific Gravity Fine Aggregate (C128) .......................... 100/ea. Organic Content (D2974) ................................................ 85/ea.
Cut/Extract Shelby Tube ................................................. 100/ea.
SHEAR STRENGTH
Unconfined Compression (D2166) ................................. $110/ea. CONCRETE / MASONRY / REINFORCING STEEL Direct Shear (3 points) (D3080) ..................................... 350/ea. Compressive Strength, Cast Cylinders (C39) ................. $32/ea.
Unconsolidated-Undrained Triaxial Shear (D2850) ....... 135/pt. Compressive Strength, Cores (C42) ............................... 85/ea.
Unconsolidated-Undrained Triaxial Staged (D2850) ..... 185/ea. Flexural Strength Beam (C78/C293) ............................. 80/ea.
Consolidated-Undrained Triaxial Shear (D4767) ........... 325/pt. Splitting Tensile Test (C496) ........................................... 80/ea.
Consolidated-Undrained Triaxial Staged (D4767) ......... 415/ea. DSA Masonry Shear (DSA-207) ...................................... 75/ea.
Consolidated-Drained Triaxial Shear (EM1110) ............ 400/pt. Shotcrete Panel Coring and Comp. Strength (C1140) .. 100/ea.
Consolidated-Drained Triaxial Staged (EM1110) ........... 600/ea. Rebar Tensile/Bend (up to #11/#11 and larger) …... 275/300/ea.
CMU Compressive Strength (C140) ............................... 100/ea.
PERMEABILITY, CONSOLIDATION AND EXPANSION Compressive Strength, Grout (C1019/UBC 21-19) ....... 35/ea.
Permeability, Flexible Wall (D5084) ............................... $325/ea. Compressive Strength, Mortar (C109/UBC 21-15,16) . 35/ea.
Permeability, Rigid Wall (D5856) .................................... 325/ea. CMU Unit Wt., Dimen., Absorption (C140) ..................... 75/ea.
Consolidation (D2435) .................................................... 65/pt. Compressive Strength, Masonry Prism (C1314) ........... 250/ea.
Expansion Index (D4829/UBC 29-2) .............................. 225/ea.
Swell/Collapse (D4546) .................................................. 175/pt. HOT MIX ASPHALT HMA Air Voids, Gyratory (T269) ...................................... $525/ea.
AGGREGATE QUALITY Hamburg Wheel Tracker (T324) ..................................... 1,000/ea.
Sieve Analysis to #200 (C136) ....................................... $125/ea. Theoretical Max. Specific Gravity (D2041/CAL309) ..... 180/ea.
L.A. Rattler Test (500 rev.) (C131) .................................. 225/ea. Ignition/Sieve Analysis (C136/CAL202) ........................ 220/ea.
Durability Index (D3744/CAL229) .................................. 165/ea. HMA Core Unit Weight (D1188/CAL308) ....................... 100/ea.
Fine Aggregate Angularity (CAL 234) .............................. 125/ea. % Asphalt, Ignition Method (D6307/CAL382) ............... 140/ea.
Flat and Elongated Particles (D4791/CAL 235) ............ 150/ea. % Asphalt, Ignition Calibration (D6307/CAL382) ............ 400/ea.
Percent Crushed Particles (CAL205) .............................. 150/ea. Tensile Strength Ratio (T283) ……………………………… ... 1,000/ea. *2X surcharge on rush turnaround for laboratory testing
TERMS AND CONDITIONS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem may apply when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum four-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.
Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of
$100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions.
ITEM 16.3.
ATTACHMENT 2
2024 Fee Schedule
Prevailing Wage Projects
EffecƟve July 1, 2024
PosiƟon Rate
Principal Engineer $ 297.00
Associate Principal Engineer $ 285.00
Associate Engineer $ 275.00
Senior Engineer $ 250.00
Engineer III $ 240.00
Engineer II $ 224.00
Engineer I $ 208.00
Junior Engineer $ 172.00
Senior Project Manager $ 270.00
Project Manager $ 250.00
Assistant Project Manager II $ 233.00
Assistant Project Manager I $ 218.00
Grant Manager $ 192.00
Senior Surveyor $ 265.00
Surveyor $ 235.00
Assistant Surveyor $ 198.00
Field Crew PW-One Person & Vehicle $ 260.00
Field Crew PW-Two Person & Vehicle $ 380.00
Inspector (Office) $ 198.00
Inspector PW (Field) & Vehicle $ 235.00
GIS Manager $ 188.00
Technician/GIS/CAD Designer III $ 172.00
Technician/GIS/CAD Designer II $ 156.00
Technician/GIS/CAD Designer I $ 125.00
Project Coordinator IV $ 165.00
Project Coordinator III $ 135.00
Project Coordinator II $ 120.00
Project Coordinator I $ 105.00
Equipment Hourly Rate
3D Point Cloud WorkstaƟon $ 25.00
GPS Receivers-Per Receiver Per Hour $ 25.00
RoboƟc Total StaƟon $ 35.00
HDS Scanner $ 150.00
Boat $ 55.00
Expenses
Auto Mileage per current Federal Rates
Special Consultants Cost Plus 10%
Reimbursable Expenses Cost Plus 10%
(PrinƟng, Photos, Copies, Travel, Telephone, Fax, Survey Materials, etc.)
AddiƟonal charges may apply for overƟme services.
Fees are due and payable within 30 days of the date of billing. Fees past due may be subject to a finance charge computed on a basis of 1 ½% of the unpaid balance per month.
Hourly rates are subject to review and adjustment January 1st and July 1st of each year.
ITEM 16.3.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.4.
DATE: October 21, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ON-CALL CONTRACT NO. 2024-233 IN AN AMOUNT NOT TO
EXCEED $3,000,000 WITH PSOMAS FOR CONSTRUCTION
MANAGEMENT SERVICES FOR LOCALLY-FUNDED PROJECTS
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute on-call Contract No. 2024-233 with Psomas in an amount not to exceed $3,000,000 for Construction Management Services for locally-funded projects.
BACKGROUND
In order to provide flexibility to adapt to a variable development and construction market, the Public Works Department employs the assistance of qualified consultants for construction management, inspection, and plan review services. The on-call contracts allow the City to draw upon greater resources, thus increasing the ability to handle workload peaks and maintain efficient response times.
In 2024, a Request for Qualification solicitation for Construction Management Services was conducted for locally-funded projects. The City received nine submittals from firms in the region and through the competitive selection review process, and two firms are recommended for approval. Those two firms are Psomas and Salaber Associates, Inc.
The on-call contract with Psomas will be a 3-year on-call term with a City's option of two 1-year extensions. The total contract value is for $3,000,000 over the full term of the contract.
FISCAL IMPACT AND FUNDING SOURCE
Construction management of capital improvement projects is paid through various funding sources earmarked for the projects. The total contract value is for $3,000,000 over the full term of the contract with specific project assignments drawing down against the full contract amount.
These services do not impact the City's General Fund.
City Council Staff Report - Page 2 of 2
ATTACHMENT(S)
1. Resolution
2. Contract No. 2024-233
ITEM 16.4. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ON-CALL CONTRACT NO. 2024-233 IN AN AMOUNT NOT TO EXCEED $3,000,000 WITH PSOMAS
FOR CONSTRUCTION MANAGEMENT SERVICES FOR LOCALLY-FUNDED PROJECTS
WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2024-233 with Psomas in an amount not to exceed $3,000,000 for on-call construction management services for locally-funded projects; and
WHEREAS, the Public Works Department employs the assistance of qualified consultants for construction management, inspection and plan review services in order to provide flexibility to adapt to variable development and construction demands; and
WHEREAS, the contract will be paid through various funding sources earmarked for the projects. The contract does not impact the City's General Fund; and
WHEREAS, the Public Works Department performed a competitive request for qualifications solicitation to develop the qualified on-call construction management consultants; and
WHEREAS, on-call Construction Management contracts allow the City to draw upon greater resources, thus increasing the ability to handle workload peaks and maintain efficient response times.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-233 with Psomas in an amount not to exceed $3,000,000 for Construction Management Services for locally-funded projects in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 1 of 15
PR
OFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND
PSOMAS FOR ON-CALL CONSTRUCTION MANAGEMENT
SERVICES ON LOCALLY FUNDED PROJECTS
THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Psomas (“Professional”) as of October 21, 2024.
Section 1. SERVICES . Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1. 1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2027 unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by a contract amendment.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
1.5 Consultant’s Report or Meetings:
1. 5.1 Reserved
1.5.2 If this Agreement does require “on-call” consulting services:
ITEM 16.4.
ATTACHMENT 2
C ONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 2 of 15
a.
Professional shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted once a month. The report should be sufficiently detailed for the City’s Contract Administrator to determine if the Professional is performing to expectations, is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties of special problems encountered, so remedies can be developed.
b. Professional’s Project Manager shall meet with City’s Contract Administrator as needed to discuss progress on the project.
1.6 Inspection of Work. Professional and any sub-consultant of Professional shall permit the City to review and inspect the project activities and files at a reasonable times during the performance period of this contract including review and inspection on a daily basis.
Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed Three Million Dollars and zero cents, ($3,000,000.00) notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 3 of 15
A
t City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
The Professional’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B.
Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 4 of 15
o
utstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.
Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 5 of 15
w
aive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 6 of 15
o
ut of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 7 of 15
b
. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 8 of 15
i
nvestigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 9 of 15
e
mployees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Section 6. STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 10 of 15
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 11 of 15
i
n, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 12 of 15
t
he performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 13 of 15
9 .3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 14 of 15
P
rofessional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Edgar Medina ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Professional shall be sent to:
Brian Fragiao, Vice President/President
1410 Rocky Ridge Drive, Suite 300
Roseville, CA 95661
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:
Edgar Medina, PE, Contract Administrator
2729 Prospect Park Drive
City of Rancho Cordova, CA 95670
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Revised 10-31-2023
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas Page 15 of 15
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA PROFESSIONAL
______________________________ ______________________________ Micah Runner, City Manager Brian Fragiao, Vice President/President
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
Date: ____________________
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 1 of 7
E
XHIBIT A
SCOPE OF SERVICES
1.1. SCOPE
The Consultant shall only perform work that is assigned in an authorized Task Order. The executed on-call contract does not guarantee that a Task Order will be issued.
The Consultant shall provide Construction Managers (hereinafter referred to as “CM”), licensed as Professional Civil Engineer Registered in the State of California, for a wide range of services including but not limited to: administration, project inspection, quality assurance, materials testing, safety, claims mitigation, document control, labor compliance, construction management and constructability review. The CM shall qualify and act as the City’s Resident Engineer in accordance with state and federal requirements.
The Consultant will not be responsible for the construction staking but will be required to confirm/verify correctness; construction staking will be performed by the design engineer or contractor under a separate contract. The construction manager services will encompass serving as the City's Representative to the Construction Contractor and the public with regard to activities at the construction site, interpretation of the requirements of the Construction Contract Documents, assessing the acceptability of the Contractor's work, and materials sampling and testing.
All inspection, materials testing, construction management, and related activities shall be completed in accordance with the latest edition of, but not limited to, the following documents:
• Regulatory Agency Permits
• City/County Standards
• Caltrans Standard Test Methods
• Caltrans Manual of Traffic Control for Construction & Maintenance Work Zones • Caltrans Construction Manual & Bulletins
• Manual of Uniform Traffic Control Devices & California Supplement • City of Rancho Cordova Construction Procedures Manua
• Caltrans LAPM and LAPG
1 .2. PROJECT TASKS
For each specific construction project the Consultant shall be issued a Task Order.
The Task Order shall detail the tasks required, schedule, and projected costs. The costs will be based on the specified rates of compensation in the Agreement. The City shall confer with the Consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date.
Specific services anticipated to be included are as follows:
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 2 of 7
A. C ONSTRUCTABILITY REVIEW
The purpose of constructability reviews during project development is to ensure that projects are biddable, buildable, cost-effective and maintainable. Constructability reviews involve the optimum use of construction knowledge and experience in the planning and development of a project.
One of the primary goals of constructability reviews is to foster a greater level of involvement by construction personnel during project planning and development. The Regional/Resident/Maintenance Engineers and staff are key providers of comments on constructability issues throughout the project development process.
Waiting to conduct constructability reviews in the late stages of design is not effective. By project end, significant resources have been expended in developing the design. Plan changes at this late stage are costly to implement, have a significant effect on the project schedule and may conflict with long established approved permits and commitments. It is imperative that knowledgeable construction people are involved early in planning and development.
Deliverables:
• One copy of the final Constructability Review
B. ADMINISTRATION
The projects included in this agreement are for local funds. The Consultant shall provide construction administration of the project to facilitate the ongoing construction efforts and maintain State and City regulations. At a minimum the Consultant shall:
• Comply with Cal-OSHA regulations regarding safety equipment and procedures, and safety i
nstructions issued by the State.
• Provide labor compliance services including, but not limited, to monitoring contractor compliance w
ith applicable labor laws.
• Ensure compliance with Contractor’s DBE requirements. • Provide administrative, management and related services as required to coordinate the work of the C
ontractor, to complete the project in accordance with contract documents, State regulations and in accordance with the City’s objectives for cost, time and quality. • Coordinate with the City, Caltrans and all other involved agencies to obtain and comply with all r
equired permits.
• Prepare all ongoing documentation, testing and other administration associated with the project f
unding.
• Review the construction schedule, including activity sequences and durations, schedule of s
ubmittals and schedule of delivery for products with long lead-time. Work with the Contractor to maintain the project schedule to show current conditions and suggest revisions that may be required.
• Prepare a cost control program. Provide continuous monitoring of the approved estimate of c
onstruction cost, showing actual costs for activities in progress and estimates for incomplete tasks. Identify variances between actual and budgeted or estimated costs and advise the City ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 3 of 7
whenever projected costs exceed budgets or estimates.
• Recommend necessary or desirable changes in the construction Contractor’s scope of work to the C
ity, review and evaluate Contractor’s request for changes, assist in negotiating Contractor’s proposals, submit recommendations to the City supported by field data, and if they are accepted, prepare change orders for signature and the City’s authorization. • Maintain strict cost accounting records on authorized work performed under unit costs, additional w
ork performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
• Develop and implement procedures for the review and processing of applications by Contractor for p
rogress and final payments. Make recommendations for certification to the City for payment. • Consult with the Design Engineer and the City if the Contractor requests interpretations of the m
eaning and intent of the drawings and specifications, and assist in the resolution of questions, which may arise.
• Provide a staffing schedule each month for the following month. This schedule is subject to the C
ity’s approval.
• Manage any utility work to be performed by utility agencies (work not part of Contractor’s r
esponsibilities).
C. DOCUMENTATION OF PRE-CONSTRUCTION CONDITIONS
Consultant shall document pre-construction conditions using photographs, written notes, and video. The entire site shall be video recorded prior to construction. Special or sensitive areas shall be noted and extra documentation may be required.
Deliverables:
• Copies of all documentation, including photographs, notes and video D. DOCUMENTATION AND RECORD KEEPING
The Consultant shall maintain all documents to provide a detailed account of the construction effort, progress and contractual obligations. The Consultant shall provide at a minimum the services below:
• Verify that all required certificate of bonds and insurance have been received from the Contractor a
nd forwarded to the City for approval.
• Maintain at the project site, on a current basis: a record copy of all contracts, drawings, s
pecifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions, other related documents and revisions which are relevant to the contract work. • During the course of construction, maintain one set of plans with markings and dimensions in red i
nk to denote field changes or other corrections.
• A detailed photographic history of all phases of the project shall be maintained on a daily basis.
E
ach photograph will be labeled as to location, direction of view, date, time and items of interest.
The photographs shall be maintained in an album and the photographs shall be indexed for ease of ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 4 of 7
retrieval. Photos shall also be taken of the following:
o Barricade placement.
o Disputed work items.
o Work that has to be duplicated, replaced, or removed. o Completed work.
o Extra work.
E
. MEETINGS
Consultant shall prepare for and conduct weekly construction progress meetings to discuss such matters as procedures, progress, problems and scheduling and any other required meetings between the Contractor, City, the Design Engineer and any agencies related to the project. Consultant shall take minutes of the meetings and distribute them to attendees within one week of the meeting. Meetings shall be held at the offices of the City of Rancho Cordova Department of Public Works or at a mutually agreeable location determined during the pre-construction meeting.
Deliverables:
• Pre-construction meeting with City and all applicable parties related to the project. • Weekly meetings with City and all applicable parties related to the project. • Any meetings necessary to immediately resolve project issues related to scope, cost, schedule, e
tc.
• Meeting agendas and minutes
F. S
UBMITTALS AND CLARIFICATIONS
The Consultant shall issue documented clarifications and interpretations of the Project Plans and Specifications in response to requests for information (RFI) by the Contractor. The Consultant shall notify the City of any clarifications or interpretations that may result in a change order. The Consultant shall also accept and process submittals, including but not limited to shop drawings, product data, and product samples. The Consultant shall review any submittals deemed appropriate by the City. Submittals requiring review by the Design Engineer shall be logged and transmitted for formal review. Consultant shall be responsible to see that all submittals are reviewed and returned in a timely manner.
Deliverables:
• Copies of submittals
• Copies of all documentation for clarification and interpretation of the Project Plans and S
pecifications
G. QUALITY ASSURANCE
The CM shall review the work of the Contractor, trade and specialty contractors on the project as it is being performed, until final completion and acceptance by the City, to assure that the work performed and materials furnished are in accordance with the contract documents. The CM shall confer with the Project ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 5 of 7
Manager and the appropriate consultants to make the final interpretation, in writing, and transmit it to the C
ity and appropriate parties for resolution.
H. FIELD INSPECTION
Consultant shall provide experienced and qualified field inspectors (who are acceptable to the City) to observe/inspect the Contractor's construction work on a daily basis. The Inspector shall inspect all constructed facilities prior to burial and observe all tests required to be performed by the Contractor or referenced in the Project Plans and Specifications. Field inspectors shall monitor the Contractor's performance for adherence to project plans and specifications, construction quality, cost, and schedule and shall enforce, either approving or rejecting the Contractor’s work in accordance with the requirements of applicable Contract Documents. Inspectors will review the safety programs developed by the Contractor as required by the contract documents and monitor the Contractor’s compliance. Depending on the scope of the project, individual inspectors shall have inspection experience that includes, but is not limited to, the following areas:
1. General site preparation including clearing, grubbing, and mass grading. Environmentally sensitive issues such as wetland preservation/mitigation, tree protection, tree removal and mitigation, water quality management, and erosion control construction and monitoring.
2. Underground construction that includes wet and dry utilities, shoring, canals, detention ponds, etc.
3. New road construction, existing road widening and improvements including subgrade, structural section and paving, knowledge of bridge construction inspection, and pier construction and placement.
4. Other experience applicable to the project.
Daily inspection reports and diaries of Contractor's construction activities shall be prepared and made available to the City on the following day. Daily inspection reports shall include, at a minimum, the following information: Contractor’s activities, weather conditions, discussions with the Contractor, problems and issues dealt with, approved changes, and any other information necessary to create a satisfactory record of the day’s activities at the project site in accordance with standard inspection practice. The Consultant shall document special situations by photograph or video accompanied with a written description. Consultant shall document any defective work until it is repaired to the Consultant’s and City’s satisfaction and quality of work is in accordance with the contract documents.
The Consultant shall prepare and submit a written weekly report to the City describing updates of the project progress, summaries of work performed including percent of work completed, work activities behind schedule, any community relations issues and defective work. All outstanding deficiencies shall also be noted in the weekly report until resolved or settled.
Deliverables:
• Daily Inspection Reports
• Weekly Reports
ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 6 of 7
I. TE STING
Consultant shall provide, coordinate, and monitor all field and laboratory testing of soils, backfill, asphalt concrete, Portland cement concrete, and other testing required by law or the Project Plans and Specifications. Consultant(s) shall perform all testing work with certified technicians including, but not limited to, Caltrans certifications. All Consultant(s) laboratory facilities shall be certified to perform the respective tests according to the Caltrans Quality Assurance Program Manual for use by Local Agencies and shall be approved by the City. Consultant shall review results of tests, forward copies of the results to the City as part of the weekly reports, and work with the Contractor to resolve deficiencies. All test procedures will be in accordance with the latest Caltrans Test Methods and the City of Rancho Cordova Specifications.
Deliverables:
• Copies of all testing results
J
. FINAL COMPLETION & ACCEPTANCE
After the project is substantially complete, the Consultant shall schedule a walk through with the City, request input from all other City Departments needed to prepare a "punch list" of incomplete or unsatisfactory items, and submit the list to the Contractor. Once all work is satisfactorily complete, the Consultant shall deliver a statement to the City indicating that to the best of the Consultant’s knowledge and belief, after diligent investigation including satisfaction of its other obligations under the agreement, the project has been completed in accordance with the Project Plans and Specifications and the Consultant recommends acceptance of the project by the City. The Consultant shall submit the Final Progress Pay Estimate signed by the Contractor.
Deliverables:
• Copies of the Project punchlist
• Copies of the Final Progress Pay Estimate
K
. OTHER TASKS
As part of the inspections and construction administration activities, the Consultant shall include the tasks listed below as part of the overall project activities as listed in the professional services agreement:
1. Consultant shall monitor Contractor's coordination with various utility companies.
2. Consultant shall inspect traffic control and erosion control measures as often as necessary to assure activities are in accordance with the Contract documents and State regulations.
3. Consultant shall provide topographic survey and construction staking services upon request from City.
4. Consultant shall notify the City immediately of any errors or omissions that are found on the plans and specifications during construction.
5. Consultant shall enforce the requirements of the California Labor Code as they pertain to the project. The detailed description of the Labor Code requirements is described in Section 7 of the ITEM 16.4.
ATTACHMENT 2
CONTRACT NO.: 2024-233
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas --Exhibit A Page 7 of 7
State Standard Specifications.
6 . Consultant shall take appropriate action to ensure correction of observed safety violations under the requirements of the CAL OSHA Construction Safety Orders.
L. PROJECT CLOSEOUT
The Consultant shall submit to the City's Representative the following close out items:
1. The original set of all inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules, correspondence and other documents related to the construction of this project.
2. All records, maps, and plans maintained by the Consultant during construction.
3. All approved shop drawings, submittals and manufacturers' literature maintained by the Consultant during the construction project.
4. One complete set of annotated project progress photographs bound chronologically and video recordings taken before and during construction.
5. One set of record drawings of as-built changes in neat red pencil.
6. Project Closeout file from Consultant Software.
M. WARRANTY INSPECTION
The Consultant shall provide a warranty inspection prior to the warranty expiration date. The Consultant will submit a copy of the warranty report to the City.
N. LOCAL AGENCY OBLIGATIONS
All plans, specifications and data applicable to the projects and in possession of the City of Rancho Cordova are to be made available to the Consultant. The City will assign a City Project Manager for all projects associated with this RFQ to assist/direct the Consultant.
O. ELECTRONIC PROJECT RECORD KEEPING
Consultant shall provide a software program for electronic project record keeping. The program shall be able to record daily progress, problems, transmittals, submittals, requests for information, project documents, inspection logs, change orders and all general correspondences. The program shall be accessed in the field through a computer, cell phone and tablets and the inspector shall have cell or internet coverage at the project site.
P. DEPARTMENT OF INDUSTRIAL RELATIONS – SB 854 COMPLIANCE Consultant shall comply with the Public Works Contractor Registration Law – SB 854 as required by the Department of Industrial Relations.
ITEM 16.4.
ATTACHMENT 2
Professional Services Agreement between October 21, 2024 City of Rancho Cordova and Psomas.--Exhibit B Page 1 of 1 EX
HIBIT B
COMPENSATION SCHEDULE
[See attached Consultant Compensation Schedule]
5396302.2
ITEM 16.4.
ATTACHMENT 2
2024 - 2027 FEE SCHEDULE
Northern California
Construction Management Services
HOURL Y RA TES
Effective from July 1, 2024 – June 30, 2027
Project Administrator $94 - $110
Office Engineer/Assistant Resident Engineer $150 - $220 Construction Inspector (prevailing wage) (07/01/2024 – 06/30/2025) $197 Construction Inspector (prevailing wage) (07/01/2025 – 06/30/2026) $202 Construction Inspector (prevailing wage) (07/01/2026 – 06/30/2027) $208 Electrical Inspector (07/01/2024 – 06/30/2025) $216
Electrical Inspector (07/01/2025 – 06/30/2026) $222
Electrical Inspector (07/01/2026 – 06/30/2027) $228
Resident Engineer/Construction Manager $194 - $275
Senior Resident Engineer $210 - $295
Project Manager/Contract Manager $247 - $300
Principal-In-Charge $247 - $325
REIMBURS
ABLES
Rates include miscellaneous related costs: overhead, fringe benefits (workers compensation, medical insurance, vacation, sick leave, etc.), home office administration, insurance, home office support, vehicle, cell phone, digital camera, supplies, and standard tools and equipment. All other direct expenses will be billed at cost plus 10%.
The above schedule is for straight time. Overtime for prevailing wage inspection will be charged at 129 percent of the standard hourly rate. Sundays and holidays will be charged at 170 percent of the standard hourly rate. Overtime for Resident Engineers, Project Managers, and the Principal in charge will be charged at the standard hourly rate.
The CI rates above reflect planned increases to prevailing wage inspection rates. For other positions, a 5% increase for each staff member is typical and covered by the range bands shown above. The rate for the Prevailing Wage Construction Inspector is in compliance with SB1999 regarding prevailing wage requirements.
A shift which commences after 2:00 pm or before 4:00 am, during any 24-hour period, commencing at 12:01 am is subject to a twelve and one-half percent (12.5%) differential.
Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
Argonaut Ecological, Inc.
LOADED RATE SHEET
Category 2024 2025 2026 2027 2028
Senior Stormwater Specialist $150/hr $154.50 $159.14 $163.90 $168.82 Senior Stormwater Inspector (QSP) $150/hr $154.50 $159.14 $163.90 $168.82 Biological Monitor/Regulatory Specialist $150/hr $154.50 $159.14 $163.90 $168.82 Base rate + 3% annual increase. The above rates will remain in effect through December 31, 2028.
Kathy Kinsland
President/Owner
Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
Schedule Of Fees 2024-2025
NOTE: There will be a 5% escalation applied each year through 2029.
Personnel Rates: Per Hour Unless Otherwise Noted
Equipment Usage (Daily Unless Otherwise Noted),
Engineering And Consulting Personnel Rate Continued Rate Senior Principal Advisor/Consultant 390.00$ Air Meter 37.00$ Principal Engineer/Geologist 280.00$ Unit Weight Bucket 28.00$ Metallurgical Engineer 390.00$ Field Concrete Scale 37.00$ Registered Geotechnical Engineer 280.00$ 2" x 2" x 2" Mold 26.00$ Technical Advisor 260.00$ Nuclear Gauge (Per Hour) 13.00$ Material Scientist, Welding/NDT Consultant 275.00$ Sand Cone Density Test Equipment 60.00$ Registered Geologist/Certified Engineering Geologist 275.00$ Pull Test Equipment 74.00$ Senior Engineer/Geologist 250.00$ Concrete/Asphalt Coring Equipment 720.00$ Registered Civil Engineer 240.00$ Floor Flatness (Dipstick) 63.00$ Roofing/Waterproofing Consultant 265.00$ Schmidt Hammer 48.00$ Project Engineer/Manager 235.00$ Vapor Emission Test Kits 58.00$ Quality Control Manager 235.00$ Relative Humidity Probe 90.00$ Senior Staff Engineer/Geologist 220.00$ UPV (Ultrasonic Pulse Velocity) Meter 420.00$ Staff Engineer/Geologist 205.00$ Fireproofing Adhesion/Cohesion (Per Test) 42.00$ Quality Control Administrator 205.00$ A Scan Ultrasonic Equipment And Consumables 100.00$ Metallurgical Technician 175.00$ Magnetic Particle Equipment And Consumables 53.00$ CADD Operator/Draftsperson 160.00$ Liquid Penetrant Consumables 48.00$ Administrative Support 105.00$ Phased Array Ultrasonic Equipment (Per Hour) 105.00$ Field Supervisor 195.00$ Ground Penetrating Radar 399.00$ Safety Supervisor 195.00$ Impact Echo 405.00$ Laboratory Manager 180.00$ Ultrasonic Tomography 525.00$ Laboratory Technician 155.00$ Inertial Profiler (Per Hour) Quotation Expert Witness Testimony 630.00$ Borescope 315.00$ Qualified SWPPP Developer 220.00$ Infrared Camera 105.00$ Qualified SWPPP Practitioner 205.00$ Project Dedicated Vehicle 189.00$ Vibration Engineer 240.00$ Roller Compacted Concrete Vibrating Hammer/Tamping Plate 84.00$ Half-Cell Potential Equipment Set 405.00$
Concrete Electrical Resistivity Meter 189.00$
Field Inspection Personnel Rate Field Hardness (Steel) 116.00$ Concrete/Reinforced Steel Inspector 145.00$ Coating Thickness Gauge 116.00$ Prestressed/Post Tensioned Inspector 145.00$ Curing Box (Not Temperature Controlled, One-Time Fee/ 788.00$ Concrete ICC Inspector 145.00$ Per Box)
Drilled-In-Anchor Inspector 145.00$ Temperature Control Curing Box (Per Month) 525.00$ Gunite/Shotcrete Inspector 145.00$ Temperature Matching Curing Box (Per Month) 599.00$ Masonry Inspector 145.00$
Structural Steel/Welding Inspector 145.00$
AWS Certified Welding Inspector 145.00$ Specimen Pick-Up Rate Fireproofing Inspector 145.00$ Soil/Aggregate Sample (Each) 55.00$ Lead Inspector 148.00$ Standard Sample: Concrete Cylinders (Each) 33.00$ Firestop Special Inspector - IFC Premier 205.00$ Standard Sample: Mortar/Grout Cubes And Cores, 33.00$ Firestop Special Inspector - IQP 225.00$ Fireproofing, Rebar, And Epoxy Prisms (Each) Asphalt Field and Plant Inspector/Technician 145.00$ Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) 77.00$ Pile Driving Inspector 145.00$ Oversize Sample: Flexural Beams (Each) Soils Technician 145.00$ Technician For Specimen Pick-Up Not Listed Above 132.00$ Concrete Quality Control (ACI/Caltrans Technician) 145.00$ (Per Hour, 2-Hour Minimum) Wood Framing Inspector 145.00$ Technician For Specimen Pick-Up Before 5:00 a.m. 143.00$ Roofing/Waterproofing Inspector Quotation Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday Public Works Inspector Quotation (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector 195.00$
Electrical Inspector 195.00$
Plumbing Inspector 195.00$ Jobsite Trailer, Mobile Or On-site Laboratory Rate Building Inspector 195.00$ Portable Or Mobile Laboratory Unit Quotation Vibration Monitoring Technician 165.00$ Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Field Engineering Technician 145.00$
Concrete Tests (Field Made Specimens) Rate
Shop Inspection Personnel Rate 6" x 12" Cylinder Compression Strength (ASTM C39) 54.00$ Structural Steel Fabrication Inspector 147.00$ 4" x 8" Cylinder Compression Strength (ASTM C39) 43.00$ Batch Plant Quality Control Technician/Inspector 147.00$ Density Of Structural Lightweight Concrete Equilibrium 107.00$ Glue-Laminated Fabrication Inspector Quotation Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector 147.00$ Core Compression Including Trimming (ASTM C42) 91.00$ 6" x 6" x 18" Flexural Beams Not Exceeding Referenced 118.00$ Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) 118.00$ NDE Ultrasonic Testing Technician 150.00$ Modulus Of Elasticity Test (ASTM C469) 348.00$ NDE Magnetic Particle Testing Technician 150.00$ Rapid Chloride Permeability Test: Cylinders Or Cores 626.00$ NDE Dye Penetrant Testing Technician 150.00$ (ASTM C1202) Combination NDE Technician/Welding Inspector 150.00$ Density, Absorption, And Voids In Hardened Concrete 632.00$ Radiographic Testing (Crew Of 2) Quotation (ASTM C642)
NDE Engineer 255.00$ Flexural Toughness (ASTM C1609, Formerly ASTM C1018) 1,017.00$ Double Punch Strength Of Fiber Reinforced Concrete 642.00$ Coefficient Of Thermal Expansion Of Concrete 642.00$
Equipment Usage (Daily Unless Otherwise Noted) Rate (CRD 39, AASHTO T336) Skidmore 51.00$ Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) 161.00$ Torque Wrench, Small 21.00$ Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete 1,124.00$ Torque Wrench, Large 32.00$ Beam (EN 14651) Torque Multiplier 48.00$
95343
70107
10403
Task
Code
80006
10405
91030
90005
10111
95362
95352
10201
10203
10207
Task
Code
10401
95323
Task
Code
95318
95309
40006
40009
80013
95300
10026
10001
10017
95322
20209
10325
10328 20205
20207
20211
80003
Task Code
Code
2020210301
10309 20203
20201
20000
98000
20100
Task
Code
91000
10103
10105
95357
Task
95364
Code
95367
10101
95349
10005
95341
10003
10009 95336
95347
95345
95351
90001
10109
95372
95370
95371
95373
91010
Task
Code
30001
95368
10019 95303
Task
70101
10107
60001
10113
10122
20102
10117
20107
75001
20109
70103
Task
Code
10115
10501
20101
20103
10500
20104
95356
95369
95324
95321
95333
95348
95319
60003
70003
10013
30000
70000
95339
95103
95306
95307
10010
10011
95330
10007
95342
10015
95374
95360
40005
40012
10515
30002
10523
50003
10519
10521
95315
10305
10409
10020
95312
1 Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
Concrete Specimen Preparation Rate Qualification Of Cements Rate Sawing Of Specimens (Each) 49.00$ Chemical Analysis Of Portland Cement Per Standard 803.00$ Coring Of Specimens In Lab (Each) 49.00$ Requirements (ASTM C150) Grinding Of Concrete Below 6000 psi Strength (Each) 70.00$ Physical Testing Of Portland Cement Per Standard 803.00$ Grinding Of Concrete 6000 psi Strength And Above (Each) 105.00$ Requirements (ASTM C150) Physical Testing Of Type K Cement, Mortar Expansion 803.00$ Laboratory Trial Batch: Concrete, Cement (ASTM C806)
And Mortar Rate Physical Testing And Chemical Analysis Of Portland Cement 1,498.00$ Compression Test 4" x 8" Cylinders Made And Tested In 67.00$ Per Standard Requirements (ASTM C150) Laboratory (ASTM C192, C35) Partial Analysis Or Specific Physical Tests Quotation Compression Test 6" x 12" Cylinders Made And Tested In 80.00$ Sulfates Resistance Of Hydraulic Cement (ASTM C1012), 3,210.00$ Laboratory (ASTM C192, C35) 6 Months
6" x 6" x 18" Flexural Beams Made And Tested in Laboratory 124.00$ Sulfates Resistance Of Hydraulic Cement (ASTM C1012), 3,531.00$ (ASTM C192, C78) 12 months
Splitting Tensile Strength Cylinders Made And Tested In 140.00$ Type 1L Cement (ASTM C595; Excludes Special Properties) 1,498.00$ Laboratory (ASTM C192, C496) Clinker Microscopy, Per Sample 910.00$ Modulus of Elasticity Test Cylinders Made And Tested In 364.00$ Laboratory (ASTM C192, C469) Physical Testing Of Chemical Admixtures For Density Of Structural Lightweight Concrete Made In 129.00$ Concrete Rate Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Qualification Of Admixture (ASTM C494) Quotation Bulk Electrical Resistivity (ASTM C1876) 188.00$
Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) 626.00$ Concrete Mixture Design For Preconstruction Evaluation And 295.00$ Evaluation Of Pozzolans And Slag Cement Rate Backup Data Development Chemical Analysis Of Fly Ash Per Standard Requirements 803.00$ Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, 610.00$ (ASTM C618) Five Readings Up To 28 Dry Days (ASTM C157) Physical Testing Of Fly Ash Per Standard Requirements 803.00$ Additional Reading, Per Set Of Three Bars 63.00$ (ASTM C618) Storage Over Ninety (90) Days, Per Set Of 49.00$ Partial Analysis Or Specific Physical Tests Quotation Three Bars, Per Month Chemical Analysis And Physical Testing Of Fly Ash Per 1,498.00$ Setting Time Up To 7 Hours (ASTM C403) 193.00$ Standard Requirements (ASTM C1618) Bleeding (ASTM C232) 193.00$ Qualification Of Silica Fume Per Standard Requirements 1,498.00$ Concrete Restrained Expansion (ASTM C878) 696.00$ (ASTM C1240) Mix, Make and Test Mortar or Grout Specimens for Compressive 642.00$ Qualification Of Slag Cement Per Standard Requirements 1,498.00$ Strength: Set of 6 (ASTM C878) (ASTM C989)
Non-Shrink Grout: Height Change After Final Set (ASTM C1090) 626.00$ Effectiveness Of Pozzolans & Slag Cement In Mitigating 1,498.00$ Non-Shrink Grout: Height Change At Early Age (ASTM C827) 1,017.00$ Expansion Due To ASR (ASTM C441) Cracking Resistance, Set Of Three Rings, Laboratory Trial 6,634.00$ Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) 1,391.00$ Mass Concrete - Engineering And Testing Services Rate Creep (ASTM C512) (One Age Of Loading, 12 Months 10,005.00$ Thermal Control Plan (Without Cooling Pipes) Per A Unique 9,000.00$ Duration Of Testing) Type Of Placement Of Similar Group Of Placements, Each Plan Laboratory Development of Strength-Maturity Curve Without 3,424.00$ Thermal Control Plan (With Cooling Pipes), Per A Unique 10,500.00$ Establishing Datum Temperature (Up To 5 Testing Ages, Type Of Placement Of Similar Group Of Placements, Each Plan ASTM C1074) Performance Based Maximum Temperature Difference 6,000.00$ Laboratory Development Of Strength-Maturity Curve With 5,564.00$ Laboratory & Analytical Studies, One Concrete Mixture Design Establishing Datum Temperature (Up to 5 Testing Ages,
ASTM C1074) Rock And Concrete Aggregates - Petrographic Examination & Special USACE & CRD Tests Rate
Rock Type Description, Per Sample (Rock Core Or Rock 1,000.00$ Evaluation of Mixing Water for Concrete Rate Chunk)
Evaluation of Mixing Water For Concrete Per The Requirements 1,070.00$ Rock Type Description + XRD Including Clay Analysis, 1,500.00$ Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Per Sample Sample Natural Aggregates - Petrographic Examination (Gravel And 2,750.00$ Evaluation Of Mixing Water For Concrete Per The Requirements 1,284.00$ Natural Sand Consisting Of Single Rock Type ASTM C295) Of Caltrans, Section 90, Per Sample Each, One Sample
Crushed Aggregates - Petrographic Examination (Crushed 27,520.00$ Concrete - Chemical Analysis, Transport Properties, Rock And Manufactured Sand Consisting Of Single Rock Type Service Life Modeling, Petrographic Examination Rate ASTM C295), Each, One Sample Acid-Soluble Chloride Analysis (ASTM C1152) 321.00$ Coarse Aggregate Certification For Deleterious Materials Per 6,500.00$ Includes Sample Prep) Specifications Of USACE, Materials Coarser Than 0.75-Inch Water-Soluble Chloride Analysis (ASTM C1218) 204.00$ Each, One Sample, 200 lb. (Includes Sample Prep) Coarse Aggregate Certification For Deleterious Materials Per 5,500.00$ Chloride Diffusion Coefficient Of Cementitious Mixtures By 3,103.00$ Specifications Of USACE, 0.75-Inch And Finer Material, Each, Bulk Diffusion (ASTM C1556) One Sample, 25 lb.
Bulk Resistivity (ASTM C1876) And Formation Factor 696.00$ Fine Aggregate Certification For Deleterious Materials Per 2,750.00$ Chloride Binding Isotherm 910.00$ Specifications Of USACE, Each, One Sample Analytical And Experimental (ASTM C1556) Modeling Of Service 8,560.00$ Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, 500.00$ Life Of Concrete Per Life-365 Model, Per Mixture Design 25 lb.
Analytical And Experimental (NordTest) Modeling Of Service 8,560.00$ Life Of Concrete Per FIB Model Code 34, Per Mixture Design Non-Steady State Chloride Migration Coefficient, NordTest 492 669.00$ Soils And Aggregate Tests Rate Petrographic Examination Of Hardened Concrete, Level I 1,750.00$ Abrasion: LA Rattler (ASTM C131) 248.00$ (ASTM C856) (Excludes Thin Section), Per Sample Abrasion: LA Rattler (ASTM C535) 258.00$ Petrographic Examination Of Hardened Concrete, Level II 2,250.00$ Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) 206.00$ (ASTM C856) Includes Thin Section, Per Sample California Bearing Ratio Excluding Maximum Density 670.00$ Petrographic Examination Of Hardened Concrete, Level III 3,500.00$ (ASTM D1883) Soil (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample California Bearing Ratio Excluding Maximum Density 824.00$ W/CM Determination (NordTest Build 361) 1,338.00$ (ASTM D1883) Cement-Treated Soil Examination Of Volumetric Proportions Of Hardened Concrete 535.00$ Cement-Treated Soil/Base Mix Design: Includes Three Trial 4,223.00$ (ASTM C457), Per Sample Cement Contents With Three Unconfined Compressive Air Void Analysis Of Hardened Concrete (ASTM C457), 750.00$ Strength Specimens Per Cement Content Per Sample Chloride And Sulfate Content (CTM 417, CTM 422) 230.00$ Electron Microscopy (ASTM C1723) 803.00$ Clay Lumps And Friable Particles (ASTM C142) 260.00$ Paste Carbonation Analysis, Per Sample 268.00$ Cleanness Value 1" x #4 (CTM 227) 220.00$ Insoluble Residue Analysis (ASTM C1324) Quotation Cleanness Value 1.5" x .75" (CTM 227) 340.00$ Alkali-Silica - Damage Rating Index (DRI), Per Sample 1,338.00$ Collapse Potential/Index (ASTM D5333) 279.00$ 30219
30232
30207
30209
80100
30230
80103
30225
Code
80143
80146
70305
Task
Code
80140
80126
30203
30227
30229
20263
Code
80240
Task
Task
Code
70301
70303
70304
80210
80212
Code
80262
80263
80266
80193
Code
80268
80248
80272
30201
30211
80198
80149
80151
Task
80254
80194
Task
Code
80196
80250
Code
80256
80258
80195
80147
30205
30237
30234
Task
20265
30231
30233
80232
80252
80106
80110
80111
Task
80159
Task
80206
80129
80204
20151
20157
20159
20160
30217
30216
Task
Code
30223
80238
80123
80234
80246
80276
30403
70393
70344
30322
80260
30503
30505
80208
80199
Task
Code
80274
30321
80270
80218
80222
80224
80228
2 Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
Soils And Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Compressive Strength Of Molded Soil-Cement Cylinders 129.00$ Emulsion Residue, Evaporation (ASTM D244) 195.00$ (ASTM D1633) Extraction % Bitumen (ASTM D6307, CTM 382) 195.00$ Consolidation Test Full Cycle (ASTM 2435, CTM 219) 235.00$ Extraction % Bitumen And Gradation (ASTM D5444, D6307, 270.00$ Consolidation Test Time Rate Per Load Increment 62.00$ CTM 202, 382) (ASTM D2435, CTM 219) Extraction % Bitumen, Correction Factor (ASTM D6307, 440.00$ Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, 309.00$ CTM 382) 417, and 422) Chemical Extraction % Bitumen And Sieve Analysis 305.00$ Crushed/Fractured Particles (ASTM D5821, CTM 205) 225.00$ (ASTM D2172 Method A or B, ASTM D5444) Direct Shear Test Remolded And/Or Residual (ASTM D3080) 300.00$ Lab Tested Maximum Density Hveem, 3 Briquettes 270.00$ Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) 280.00$ (ASTM D1561, D1188, CTM 304, 308) Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) 235.00$ Hveem Stabilometer Test, Premixed, 3 Briquettes 270.00$ Durability Index Per Method - A,B,C, or D (ASTM D3744, 260.00$ (ASTM D1560, D1561, CTM 304, 366) CTM 229) Lab Tested Maximum Density Marshall, 3 Briquettes 260.00$ Expansion Index (ASTM D4829, UBC 18-2) 225.00$ (ASTM D6926, D2726) Fine Aggregate Angularity (ASTM C1252, CTM 234, 205.00$ Lab Tested Maximum Density Marshall 6'' Specimen, 270.00$ AASHTO T304) 3 Briquettes (ASTM D5581, D2726)
Flat And Elongated Particle (ASTM D4791) 280.00$ Lab Tested Maximum Density Superpave Gyratory Compacted 115.00$ Flat Or Elongated Particle (ASTM D4791) 260.00$ Briquette, SSD, 1 Briquette (ASTM D6925, D2726) Maximum Density Methods A/B/C (ASTM D1557, 235.00$ Lab Tested Maximum Density Superpave Gyratory Compacted 115.00$ D698, CTM 216) Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925) Maximum Density Check Point (ASTM D1557, D698) 90.00$ Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, 200.00$ Maximum Density AASHTO C [Modified] (AASHTO T-180) 235.00$ CTM 309) Maximum Index Density Vibratory Table (ASTM D4253) 435.00$ Marshall Stability And Flow, Cored Sample, Each 100.00$ Moisture Content (ASTM D2216, CTM 226) 40.00$ ASTM D6927) Moisture and Density Ring Sample (ASTM D2937) 45.00$ Marshall Stability And Flow, Premixed, 3 Briquettes 280.00$ Moisture and Density Shelby Tube Sample (ASTM D2937) 50.00$ (ASTM D6926, D6927) Moisture-Density Relations Of Soil-Cement Mixtures 340.00$ Marshall Stability And Flow, Gyratory Compacted Specimen 290.00$ Premixed In The Field (ASTM D558) Pre-Mixed, 3 Briquettes (ASTM D5581, D6925) Moisture-Density Relations Of Soil-Cement Mixtures 340.00$ Marshall Stability And Flow 6'' Specimen, Premixed, 290.00$ Mixed In The Lab (ASTM D558) 3 Briquettes (ASTM D5581)
pH Of Soils (ASTM D4972) 65.00$ Moisture Content (CTM 370) 110.00$ Organic Content Of Soils (ASTM D2974, Method A Only) 95.00$ Wet Track Abrasion Test (ASTM D3910) 205.00$ Organic Impurities (ASTM C40, CTM 213) 115.00$ Hveem Mix Design (Excluding Aggregate Quality Tests) 5,740.00$ Permeability (ASTM D5084) Quotation Hveem Mix Design, With RAP (Excluding Aggregate Quality 6,230.00$ Potential Reactivity Chemical Method (ASTM C289 - 685.00$ Tests, RAP Qualification) Discontinued Method) 1,035.00$ Hveem Mix Design, With Lime (Excluding Aggregate Quality 6,590.00$ Potential Reactivity Mortar Bar Expansion Method, 1,092.00$ Tests) 14-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Untreated Mix (Including 6,850.00$ Potential Reactivity Mortar Bar Expansion Method, 3,345.00$ Aggregate Quality Tests) 28-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Lime Treated Mix (Including 7,830.00$ Potential Reactivity Concrete Bar Expansion Method 3,640.00$ Aggregate Quality Tests) (ASTM C1293), 12 month Marshall Mix Design (Excluding Aggregate Quality Tests) 5,740.00$ Potential Reactivity Concrete Bar Expansion Method 1,285.00$ Marshall Mix Design With RAP (Excluding Aggregate Quality 6,230.00$ (ASTM C1293), 24 month Tests)
Potential Reactivity of Aggregate Combination, Non-Standard 1,285.00$ Marshall Mix Design With Lime (Excluding Aggregate Quality 6,840.00$ Method; 14-Day Exposure, Mortar (After ASTM C1567) Tests) Potential Reactivity Of Aggregate Combination, Non-Standard 1,240.00$ Open Grade Asphalt Concrete Mix Design (ASTM D7064, 3,310.00$ Method; 28-Day Exposure, Mortar (After ASTM C1567) CTM 368) R-Value Soil (ASTM 2844, CTM 301) 536.00$ Superpave Mix Design (Excluding Aggregate Quality Tests) 11,695.00$ R-Value Aggregate Base (ASTM D2844, CTM 301) 588.00$ Superpave Mix Design, With RAP (Excluding Aggregate 12,355.00$ Sand Equivalent (ASTM D2419, CTM 217) 160.00$ Quality Tests) Sieve #200 Wash Only (ASTM D1140, CTM 202) 114.00$ Superpave Mix Design With Rubber (Excluding Aggregate 12,355.00$ Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, 309.00$ Quality Tests) D7928, CTM 203) Superpave Mix Design With Additives (Excluding Aggregate 12,690.00$ Sieve With Hydrometer Sand To Clay (ASTM D422, 294.00$ Quality Tests) D7928, CTM 203) Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed 1,235.00$ Sieve Analysis Including Wash (ASTM C136, CTM 202) 186.00$ (ASTM D4867, AASHTO T283) Sieve Analysis Without Wash (ASTM C136, CTM 202) 155.00$ Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes 1,340.00$ Sieve Analysis Split Sieve (ASTM C136, CTM 202) 295.00$ (AASHTO T324) Sieve Analysis Without Wash With Cobbles (ASTM C136, 290.00$ Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) 250.00$ CTM 202) Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) 440.00$ Soundness Sodium Or Magnesium Sulfate, 5 Cycles 232.00$ Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) 376.00$ (ASTM C88) Cold Recycled Asphalt Mix Design 2 Gradings Each, 11,590.00$ Specific Gravity And Absorption Coarse (ASTM C127, 125.00$ 3 Emulsion Content (Caltrans LP-8) CTM 206)
Specific Gravity and Absorption Fine (ASTM C128, 206.00$ CTM 207) Mortar And Stucco - Petrographic Examination Rate Swell/Settlement Potential One Dimensional (ASTM D4546) 186.00$ Stucco, One-Coat (ASTM C856), Includes Thin Section), 2,250.00$ Triaxial Quotation Per Sample
Unconfined Compression (ASTM D2166, CTM 221) 237.00$ Stucco, Two-Coat (ASTM C856), Includes Thin Section), 2,500.00$ Unit Weight Per Cubic Foot (ASTM C29, CTM 212) 160.00$ Per Sample Voids In Aggregate With Known Specific Gravity (ASTM C29, 160.00$ Stucco, Three-Coat (ASTM C856), Includes Thin Section), 3,000.00$ CTM 212) Per Sample
Lightweight Particles Coarse, with Two Solutions (ASTM C123) 519.00$ Mortar (ASTM C1324, Petrographic Examination And Chemical 3,250.00$ Lightweight Particles Fine, with One Solution (ASTM C123) 258.00$ Analysis), Per Sample Method of Test for Relative Mortar Strength of Portland 1,400.00$ Cement Concrete Sand (CT 515)
Brick Masonry Tests, ASTM C67 Rate
Modulus Of Rupture Flexural 118.00$
Asphalt Concrete Tests Rate Compression Strength 81.00$ HMA Mixing And Preparation 160.00$ Absorption 5 Hour or 24 Hour 86.00$ HMA Mixing And Preparation With Aggregate Treatment 232.00$ Absorption (Boil) 1, 2 Or 5 Hours 118.00$ Bulk Specific Gravity Of Compacted Sample Or Core SSD 73.00$ Initial Rate Of Absorption 75.00$ (ASTM D2726, CTM 308C) Efflorescence 91.00$
Bulk Specific Gravity Of Compacted Sample Or Core Paraffin 103.00$ Cores Compression 97.00$ Coated (ASTM D1188 and CTM 308A) Shear Test On Brick Cores 2 Faces 118.00$ 70373
30317
70341
70319
70321
70378
70349
70347
70353
75106
Task
75095
20309
20311
20313
70336
30508
70331
70335
70317
75049
75051
75052
75084
75087
75113
75107
75063
75069
75024
75027
75039
75028
75066
75109
75114
75070
75099
75090
75005
75093
75096
70391
70309
70313
70339
70340
70342
70328
70330
30401
70343
75036
70363
75040
20315
75083
75068
75067
75111
70360
70361
75031
75032
30412
20807
20307
70371
30319
30411
Task
Code
70351
80001
70394
Task
Task
Code
80282
80286
80294
80290
75030
75042
75050
75048
75057
Code
Task
75115
20305
20303
75075
75094
Code
20301
70398
70397
70392
70345
70355
70357
70359
Code
75033
70399
70337
70315
70325
30507
70333
70311
75004
70396
70365
70367
70369
3 Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
General Conditions, Continued
Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested. Submittal of project specific forms or resumes will be billed hourly at the Administrative Support Rate.
Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform. 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
8-Hour Minimum: Night Work
Regular Time (All Types of Inspection and also All Non-Exempt Employees) The first 8 hours worked Monday through Friday between 4:00 a.m. and 2:00 p.m. except as noted otherwise below.
Premium (All Types of Inspection and also All Non-Exempt Employees) Work performed in excess of eight (8) hours in any one working day or forty (40) hours in any one week shall be paid for at one and one-half (1-1/2) times the regular rate of pay. Premium shall be reckoned by the hour and half-hour. Work performed in excess of twelve (12) hours in any one (1) working day shall be paid at two (2) times the regular rate of pay.
Saturday and Sunday Work (All Types of Inspection and also All Non-Exempt Employees) Work performed on Saturday as defined below shall be paid for at one and one-half (1-1/2) times the regular rate of pay for the first eight (8) hours of work and at two (2) times the regular rate of pay for all hours worked in excess of eight (8). Work performed on Sunday as defined below shall be paid for at two (2) times the regular rate of pay for all hours worked. A shift, which commences on or after 1:00 a.m. on Saturday morning and before 1:00 a.m. on Sunday morning shall be deemed Saturday work for the entire shift. A shift, which commences on or after 1:00 a.m. on Sunday morning and before 1:00 a.m. on Monday morning shall be deemed Sunday work for the entire shift.
Night Shifts
When work is performed on a night shift the rate will be $9.00 greater than the applicable rate. A night shift is a shift, which commences after 2:00 p.m. or before 4:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m.
Disruptive Shift Pay
Provides a minimum of eight (8) hours of night shift pay when the night shift precludes the Employee from working the day following the night shift, excluding weekends and holidays.
Holidays
The following shall be considered as holidays under this Agreement and when work is performed on these days, an Employee shall be paid at two times his or her regular straight-time rate of pay: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Should any of these holidays fall on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday the Friday before shall be considered the holiday.
Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.
Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining facility, per excess mile to and from the project will be charged for inspectors and technicians. Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis.
For all projects, current IRS mileage rate per mile and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.
For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance as detailed below.
Weekend Sample Pick-Ups
In order to be in conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.
Reimbursable Expenses
Parking, air fare, car rental, food, lodging and project specific software/applications (e.g. PlanGrid, Procore, etc.) will be charged at cost plus 20% per processed invoice, unless provided by client.
Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.
Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs, provided by quotation, will apply should Twining be required to provide such facilities.
Subsistence
Subsistence on remote jobs will be charged per quotation.
Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge, at the applicable regular, overtime or double time rate, with a minimum of one hour will be applied for the laboratory technician. For rush testing a 50% surcharge in addition to the regular test rate will apply.
Charges for Subcontracted Services
Material sent to outside laboratory for testing: Cost plus 20% Material sent to outside fabricator or machine shop: Cost plus 20% Glu-Lam beam inspection: Cost plus 20%
Other subcontractors:
Project exclusive equipment purchase:
Limit of Liability
Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performance of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Higher limits may be available by quotation.
Additional Insurance Coverage
Any requirements for additional insurance policies or coverage beyond our normal policies/limits (e.g. SML coverage) may be provided at an additional fee and will be quoted on a per project requirements basis.
Cost plus 20%
Cost plus 20%
5 Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
General Conditions, Continued
Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that certified payroll must be submitted regardless of whether or not services were provided for any given month.
Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.
Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.
In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system.
A 3% fee will be applied for payments processed by credit card.
All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries, affiliates, servants, and agents for termination of work on account of these terms.
In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non-adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party.
Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.
Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes, and relevant project requirements. Representativeness of sampling and accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project technical provisions.
Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.
Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Costs for storage will be by quotation.
Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.
Elevated Work Platforms
In the event an elevated work platform is required to safely complete our work, the client must provide safe access for Twining personnel for all required inspection, testing, sampling, etc. including a trained and certified operator or qualified inspector as applicable. Twining will not be responsible for signing waivers associated with providing such access. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply. 6 Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova City of Rancho Cordova
ITEM 16.4.
ATTACHMENT 2
Psomas | RFQ to Establish a Pre-Qualified List of Consultants for Construction Management Services Rate Sheets - City of Rancho Cordova 333 University Ave., Suite 200
Sacramento, CA 95825
P. 916.837.8111
DCM GROUP STAFF RATE SHEET FY 2024
Loaded Rates
Classification Scope of Work Name
Base
Hourly
Rate Fringe Overhead
General
&
Admin.
Rate
Before
Fee Fee
Total
Loaded
Rate
Task No. 35.0% 60.8% 0.0% 7.0%
Project Manager Management Victoria Castaneda $100.94 $35.33 $61.37 $0.00 $197.64 $13.83 $211.48 Labor Compliance Coordinator Coordinator Lindsey Kerfeld $51.50 $18.03 $31.31 $0.00 $100.84 $7.06 $107.90 Labor Compliace Officer Payroll Monitoring Bryanna Contreras $25.75 $9.01 $15.66 $0.00 $50.42 $3.53 $53.95 Labor Compliance Officer/Contracts Auditor Dina Dennis $40.00 $14.00 $24.32 $0.00 $78.32 $5.48 $83.80 Labor Compliance Adminstator Document Specialist Melanie Burchfield $23.00 $8.05 $13.98 $0.00 $45.03 $3.15 $48.19 Hourly Labor Rates Five Year 2024-2029
Victoria Castaneda: $100.94-$119.30
Lindsey Kerfeld: $51.50-$59.12
Bryanna Contreras: $25.75-29.85
Dina Dennis:$40.00-$46.00
Melanie Burchfield: $23.00-$26.66
ITEM 16.4.
ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.5.
DATE: October 21, 2024
TO: Honorable Mayor and Council Members
FROM: Stefan Heisler, Housing Manager
Ka Vang, Management Analyst
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A FORGIVABLE PREDEVELOPMENT LOAN AGREEMENT WITH
RELATED CALIFORNIA FOR THE MILLS CROSSING AFFORDABLE
HOUSING PROJECT IN THE AMOUNT OF $750,000 UTILIZING THE
PERMANENT LOCAL HOUSING AUTHORITY FUNDING
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute a Forgivable Predevelopment Loan Agreement with Related California, utilizing the City's available Permanent Local Housing Authority (PLHA) grant funding to begin predevelopment activities for the Mills Crossing Affordable Housing Project in the amount of $750,000.
BACKGROUND
In July 2020, the City of Rancho Cordova (City) selected the partnership of Griffin Swinerton and Related California ("Related") to be the City's master developer partner for the Mills Crossing Project including a mix of community commercial facilities and housing. In April 2021, the City Council approved a preferred development alternative which included a housing mix of market rate single-family homes and an affordable multifamily project. This item will begin to move the affordable multifamily component forward into predevelopment. This affordable multifamily project, the Mills Crossing Affordable Housing Project ("Project"), is a new 60-unit multifamily residential apartment complex for families. This Project is anticipated to consist of 29 one-bedroom units, 15 two-bedroom units, 15 three-bedroom units, and one manager’s unit.
The units will be affordable for households earning up to 80% of the area median income (AMI).
Related intends to submit multiple applications for both state and federal competitive funding opportunities, as well as pursue Low Income Housing Tax Credits to fund this Project. Securing predevelopment funding is necessary to start work on the architectural and engineering plans, and begin design review for the Project in order to be eligible to apply for larger funding programs.
In October 2022, staff submitted a five-year plan application to the California Department of Housing and Community Development (HCD) for the Permanent Local Housing Allocation
City Council Staff Report - Page 2 of 2
(PLHA) program funding. The program provides funding to local governments in California for housing-related projects and programs that assist in addressing unmet housing needs. On December 12, 2022, HCD awarded the City an annual allocation over the 2019-2023 five-year period totaling $1,712,196. The PLHA Standard Agreement between the City and HCD was executed on June 16, 2023.
Staff is recommending allocating $750,000 of the City's PLHA funding to the Mills Crossing Affordable Housing Project with the developer Related, via Mills Station Affordable Housing Partners, L.P., the special purpose limited partnership created by Related specifically for this Project, to start predevelopment activities. The PLHA funding for the Project will be used to create architectural and engineering documents designs and take the Project through design review. Related and City staff are preparing the Project for an application to the Affordable Housing Sustainable Communities (AHSC) program in late Spring 2025. If the AHSC application is successful, Related will then apply for 4% Low Income Housing Tax Credits in late 2025 or early 2026. If these applications are successful, it is possible for the Project to be under construction by mid or late 2026 at the very earliest. If unsuccessful, staff and Related will continue applying for the next available AHSC and tax credit funding rounds and construction would likely start sometime in 2027.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact from this action. This action will utilize and expend state grant funding specifically for affordable housing projects. Additional City funding commitments will be needed prior to applying for AHSC or other funding programs likely in the range of $5-6 million, which may be available from existing and future planned City funding dedicated to affordable housing projects. Those funding commitments will be brought back to the City Council for consideration prior to the funding applications being submitted in 2025.
ATTACHMENT(S)
1. Resolution
2. Predevelopment Loan Agreement
ITEM 16.5. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
PREDEVELOPMENT LOAN AGREEMENT WITH MILLS STATION AFFORDABLE HOUSING PARTNERS, L.P., FOR THE MILLS CROSSING AFFORDABLE HOUSING PROJECT IN THE AMOUNT OF $750,000 UTILIZING PERMANENT LOCAL HOUSING ALLOCATION
FUNDING
WHEREAS, the City of Rancho Cordova (“City”) has selected the partnership of Griffin Swinerton and Related California to be the master developer of the Mills Crossing project, located at 10153-10179 Folsom Boulevard, which will consist of a mix of community commercial facilities, market rate single-family and affordable multifamily housing; and WHEREAS, the affordable multifamily project will consist of 60 units, include a mix of 1 bedroom, 2 bedroom, and 3 bedroom apartment units, and will be affordable to households earning up to 80 percent of the area median income (the "Project"); and WHEREAS, Related California has created a special purpose limited partnership, Mills Station Affordable Housing Partners, L.P., to develop the "Project"; and
WHEREAS, the City has received and secured Permanent Local Housing Allocation funding from the California Department of Housing and Community Development in the amount of $1,712,196; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 2100 et. Seq.) pursuant to Section 15183 “Consistent with the Community Plan, General Plan or Zoning”; and
WHEREAS, the City Council desires to execute a Predevelopment Loan Agreement with Mills Stations Affordable Housing Partners, L.P., for the Project in the amount of $750,000 utilizing PLHA funding to start the predevelopment activities of architectural and engineering design that will prepare the Project for future grant and other funding applications.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA as follows:
SECTION 1. The City Council finds that the Project is exempt from CEQA under CEQA guidelines Section 15183, for projects "Consistent with the Community Plan, General Plan or Zoning." The City Council further funds that the Project is consistent with the City’s General Plan, and the City’s Zoning Code. The City certified an environmental review for the Zoning Code. Therefore, no additional CEQA environmental review is required.
SECTION 2. The City Manager of the City of Rancho Cordova is authorized to execute a Forgivable Predevelopment Loan Agreement, and all other documents deemed necessary to evidence and secure the PLHA grant funds, in a form approved by the City Attorney, with Mills Station Affordable Housing Partners, L.P., for the Mills Crossing Affordable Housing Project in the amount of $750,000.
ITEM 16.5. 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 21st day of October 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
PREDEVELOPMENTLOANAGREEMENT
by and between
THE CITY OF RANCHO CORDOVA
and
MILLS STATION AFFORDABLE HOUSING PARTNERS, L.P.
(Mills Crossing Affordable Housing)
1 ITEM 16.5.
ATTACHMENT 2
PREDEVELOPMENTLOANAGREEMENT
(Mills Crossing Affordable Housing)
THIS PREDEVELOPMENT LOAN AGREEMENT (this "Agreement") is entered into effective as of , 2024 ("Effective Date") by and between the City of Rancho Cordova, a California municipal corporation ("City"), and Mills Station Affordable Housing Partners, L.P. ("Borrower"). City and Borrower are hereinafter collectively referred to as the "Parties."
RECITALS
A. City owns approximately 1.09 acres of vacant property (the "Property") collocated with the City's Mills Crossing mixed-used transit-oriented development project at 10153-10179 Folsom Blvd in the City of Rancho Cordova, California.
B. City desires for the Property to be developed as an affordable housing project for occupancy by low and very low income families and their households (the "Affordable Housing Project").
C. City and Developer will enter into an Option Agreement which grants to Developer an option to purchase the Property from City for development of the Affordable Housing Project thereon when certain conditions thereto have been satisfied.
D. The Parties desire for Developer to perform certain predevelopment activities with respect to the Affordable Housing Project prior to the Developer's acquisition of the Property from City. Developer desires to perform such predevelopment work provided that City makes a loan to Developer for such work.
E. To effectuate this purpose, the City desires to provide a loan to Borrower (the "Predevelopment Loan") pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Patties agree as follows.
ARTICLE I
DEFINITIONS
1. Definitions. The following terms shall have the meanings set forth in the Sections referenced below whenever used in this Agreement and the Exhibits attached hereto. Additional terms are defined in the Recitals and text of this Agreement. (a) "Affordable Housing Project" means the multifamily apartment units and related onsite improvements, parking, landscaping and other onsite improvements proposed to be located on the Property.
2 ITEM 16.5.
ATTACHMENT 2
(b) "Agreement" means this Predevelopment Loan Agreement, including the attached Exhibits and all subsequent amendments to this Agreement. (c) "Assignment of Architectural and Engineering Agreements" means the assignment agreement that will secure the Borrower's obligation to repay the Predevelopment Loan, substantially in the form attached hereto as Exhibit D and incorporated herein. (d) "Borrower" means Mills Station Affordable Housing Partners, L.P., a California limited partnership, and its permitted successors and assigns as set forth herein. (e) "City" means the City of Rancho Cordova, a California municipal corporation.
(f) "City Documents" means, collectively, this Agreement, the Promissory Note, the Assignment of Architectural and Engineering Agreements, and all other documents required to be executed by the Borrower in connection with the transaction contemplated by this Agreement. (g) "City Manager" means the City Manager of the City.
(h) "Event of City Default" has the meaning set forth in Section 6.2. (i) "Event of Borrower Default" has the meaning set forth in Section 6.1. (j) "Indemnitees" means the City and its elected and appointed officers, officials, employees, agents, consultants, and contractors. (k) "Parties" means the City and the Borrower, "Party" means either the City or the Borrower.
(I) "Predevelopment Loan" means the loan from the City to the Borrower in the amount of Seven Hundred Fifty Thousand Dollars ($750,000), evidenced by the Promissory Note. (m) "Promissory Note" means the promissory note that will evidence the Borrower's obligation to repay the Predevelopment Loan, substantially in the form attached hereto as Exhibit C and incorporated herein.
(n) "Property" means the real property owned or to be acquired by the City, which real property is more particularly described in the Legal Description attached hereto as Exhibit A which is incorporated herein.
(o) "Transfer" has the meaning set forth in Section 5.2.
ARTICLE II
REPRESENTATIONS; EFFECTIVE DATE AND TERM
2.1 Borrower's Representations. Borrower represents and warrants to City as follows, and Borrower covenants that until the expiration or earlier termination of this Agreement, upon 3 ITEM 16.5.
ATTACHMENT 2
learning of any fact or condition which would cause any of the warranties and representations in this Section 2.1 not to be true, Borrower shall immediately give written notice of such fact or condition to City. Borrower acknowledges that City shall rely upon Borrower's representations made herein notwithstanding any investigation made by or on behalf of City. (i) Authority. Borrower is a California limited partnership duly formed and in good standing under the laws of the State of California. Borrower has the full right, power and authority to undertake all obligations of Borrower as provided herein, and Borrower's execution, performance and delivery of this Agreement and the City Documents have been duly authorized by all requisite actions.
(ii) No Conflict. Borrower's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Borrower is a party or by which it is bound. (iii) No Litigation or Other Proceeding. No litigation or other proceeding (whether administrative or otherwise) is outstanding or to the best of Borrower's knowledge, has been threatened which would prevent, hinder or delay the ability of Borrower to perform its obligations under this Agreement.
(iv) No Bon ower Bankruptcy. Borrower is not the subject of a bankruptcy or insolvency proceeding.
2.2 City Representations. City represents and warrants to Borrower as follows, and City covenants that until the expiration or earlier termination of this Agreement, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.2 not to be true, City shall immediately give written notice of such fact or condition to Borrower. City acknowledges that Borrower shall rely upon City's representations made herein notwithstanding any investigation made by or on behalf of Borrower. (i) Authority. City is a municipal corporation duly organized and in good standing under the laws of the State of California. City has the full right, power and authority to undertake all of the respective obligations as provided herein, and the execution, performance and delivery of this Agreement by City has been duly authorized by all requisite actions on the part of the City.
(ii) No Conflict. City's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. (iii) No Litigation or Other Proceeding. No litigation or other proceeding (whether administrative or otherwise) is outstanding or to the best of City's knowledge, has been threatened which would prevent, hinder or delay the ability of City to perform its obligations under this Agreement.
(iv) No Bankruptcy. City is not the subject of a bankruptcy or insolvency 4 ITEM 16.5.
ATTACHMENT 2
proceeding.
2.3 Effective Date. The representations and warranties of Borrower and City hereunder shall be effective as of the Effective Date.
ARTICLE III
PREDEVELOPMENT WORK
3.1 Designs and Plans. Borrower covenants that it shall prepare all designs and plans which may be required by City and any other governmental agency having jurisdiction over the construction of the Affordable Housing Project, in accordance with the requirements of the Scope of Predevelopment Work attached hereto as Exhibit Band incorporated herein. Borrower shall be solely responsible for all direct and indirect costs and expenses incurred in connection with the foregoing.
3.2 Liens and Stop Notices. Borrower shall not allow to be placed on the Property or any part thereof any lien or stop notice on account of materials supplied to or labor performed on behalf of Borrower. If a claim of a lien or stop notice is given or recorded affecting the Property, Borrower shall within thirty (30) days of such recording or service: (a) pay and discharge ( or cause to be paid and discharged) the same; or (b) effect the release thereof by recording and delivering (or causing to be recorded and delivered) to the party entitled thereto a surety bond in sufficient form and amount or provide other assurance satisfactory to City that the claim of lien or stop notice will be paid or discharged.
3.3 Right of City to Satisfy Liens on the Property. If Borrower fails to satisfy or discharge any lien or stop notice on the Property pursuant to Section 3.2 above, the City shall, upon giving Borrower written notice and at least 10 days to cure, have the right, but not the obligation, to satisfy any such liens or stop notices at Borrower's expense and without further notice to Borrower. In such event Borrower shall be liable for and shall immediately reimburse City for such paid lien or stop notice. Alternatively, the City may require Borrower to immediately deposit with City the amount necessary to satisfy such lien or claim pending resolution thereof. The City may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. The City may (but has no obligation to) record any notices of completion or cessation of labor, or any other notice that the City deems necessary or desirable to protect its interest in the Property.
ARTICLE IV
CITY FINANCIAL ASSISTANCE
4.1 Predevelopment Loan. The City shall provide a loan to Borrower in the amount of Seven Hundred Fifty Thousand Dollars ($750,000) (the "Predevelopment Loan"), upon the terms and conditions and for the purposes set forth in this Agreement. The Predevelopment Loan shall be evidenced by a promissory note (the "Promissory Note") substantially in the form attached hereto as Exhibit C, and shall be secured by an assignment of architectural and engineering agreements (the "Assignment of Architectural and Engineering Agreements") 5 ITEM 16.5.
ATTACHMENT 2
executed by Borrower substantially in the form attached hereto as Exhibit D. The outstanding principal balance of the Note will accrue simple interest at the rate of three percent (3%) per annum.
Provided that Borrower has complied with all conditions precedent to disbursement of the Predevelopment Loan set forth in Section 4.3, the proceeds of the Predevelopment Loan ("Predevelopment Loan Proceeds") shall be disbursed in accordance with Section 4.2 hereof, only for the purposes set forth in Section 4.2.
4.2 Use and Disbursement of Proceeds. The Predevelopment Loan Proceeds shall be used for predevelopment costs, including but not limited to architecture and design costs, legal and consultant fees, and other predevelopment related costs, all in accordance with the Scope of Predevelopment Work. Predevelopment Loan proceeds shall not be used or disbursed for developer fee, overhead or profit.
4.3 Conditions to Disbursement of Predevelopment Loan Proceeds. City's obligation to fund the Predevelopment Loan Proceeds for the purposes of Section 4.2 above is conditioned upon the satisfaction of all of the following conditions:
(a) Borrower's delivery to City of a certified resolution indicating that Borrower is authorized to consummate this transaction and that the persons executing this Agreement and the City Documents on Borrower's behalf have been duly authorized to do so. (b) Borrower's delivery to the City of evidence of all insurance coverage required in accordance with the requirements set forth in Article 7 hereof. (c) Borrower's delivery of the Promissory Note and the Assignment of Architectural and Engineering Agreements, fully executed. (d) The City has received a written draw request from the Developer, setting forth the proposed uses of funds consistent with the Scope of Predevelopment Work, the amount of funds needed, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred.
( e) There exists no Event of Borrower Default nor any act, failure, omission or condition that would constitute an Event of Borrower Default under this Agreement.
(f) The proposed use of the funds is in accordance with the Scope of Predevelopment Work.
4.4 Repayment of the Predevelopment Loan.
Borrower shall pay all outstanding principal and accrued interest on the Predevelopment Loan, in full, on the earliest to occur of (i) a Borrower Event of Default for which the City exercises its right to cause the Predevelopment Loan indebtedness to become immediately due and payable, (ii) Borrower's acquisition of the Property pursuant to the Option Agreement or 6 ITEM 16.5.
ATTACHMENT 2
the earlier expiration termination of the Option Agreement, and (iii) December 31, 2034 (the "Term"). Notwithstanding the foregoing, upon the expiration of the Term, provided that City and Borrower have entered into an agreement for Borrower to acquire the Property from City concurrently with the Borrower's acquisition of the Property from City, the Predevelopment Loan, including all accrued interest thereon, will be rolled into a 55-year, nonrecourse, permanent loan from the date that permanent conversion of Project is completed (the "City Loan").
Notwithstanding the foregoing, however, at any time prior to execution of documents evidencing the City Loan, upon Borrower's delivery of any and all architectural and engineering agreements assigned to City pursuant to the Assignment of Architectural and Engineering Agreements, Borrower shall be deemed to have repaid the Loan in full.
4.5 Prepayment; Acceleration. Borrower shall have the right to prepay the Predevelopment Loan at any time and from time to time, without penalty or premium, provided that any prepayment of principal must be accompanied by interest accrued but unpaid to the date of prepayment. Prepayments shall be applied first to accrued but unpaid interest and then to principal.
4.6 Nonrecourse. Except as expressly provided in this Section 4.6, Borrower and the members of the Borrower shall have no personal liability for payment of the principal of, or interest on the Promissory Note, and the sole recourse of City with respect to the payment of the principal of, and interest on the Promissory Note shall be to any collateral held by City as security for the Promissory Note. The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on the Promissory Note; nothing contained herein is intended to relieve the Borrower of its obligation to indemnify the City under this Agreement, or liability to the extent of any loss for fraud or intentional misrepresentation, or bad faith, waste, willful misrepresentation by the Borrower.
ARTICLEV
LIMITATIONS ON CHANGE IN OWNERSHIP, MANAGEMENT
AND CONTROL OF BORROWER
5.1 Change Pursuant to this Agreement. Borrower has represented that it possesses the necessary expertise, skill and ability to carry out the Predevelopment Work as provided herein.
The qualifications, experience, financial capacity and expertise of Borrower is of particular concern to the City. It is because of these qualifications, experience, financial capacity and expertise that the City has entered into this Agreement with Borrower. No voluntary or involuntary successor, assignee or transferee of Borrower shall acquire any rights or powers under this Agreement, except as expressly provided herein.
5.2 Prohibition on Transfer. Prior to the later of expiration of the term of the Predevelopment Loan and the payment in full of the Promissory Note, Borrower shall not, except as expressly permitted by this Agreement, directly or indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial sale, transfer, conveyance, assignment or lease (collectively, "Transfer") of this Agreement or any of the City Documents, without the prior written approval of City, which approval shall not be unreasonably withheld. Any such attempt to 7 ITEM 16.5.
ATTACHMENT 2
assign this Agreement without the City's consent shall be null and void and shall confer no rights or privileges upon the purported assignee. In addition to the foregoing, prior to the later of expiration of the term of the Predevelopment Loan and the payment in full of the Promissory Note, except as expressly permitted by this Agreement, Borrower shall not undergo any significant change of ownership without the prior written approval of City. For purposes of this Agreement, a "significant change of ownership" shall mean a transfer of the beneficial interest of more than twenty-five percent (25%) in aggregate of the present ownership and/or control of Borrower, taking all transfers into account on a cumulative basis.
5.3 Permitted Transfers. Notwithstanding any contrary provision hereof, the prohibitions set forth in this Article V shall not be deemed to prevent a Transfer to an entity which is under the direct control or under common control with Mills Station Affordable Housing Partners, L.P., or in which Mills Station Affordable Housing Partners, L.P. or one of its affiliates is the general partner or sole member of the general partner ("Controlled Affiliate").
5.4 Requirements for Proposed Transfers. The City may, in the exercise of its sole discretion, consent to a proposed Transfer of this Agreement if all of the following requirements are met (provided however, the requirements of this Section 5.4 shall not apply to Transfers described in Section 5.3):
(i) The proposed transferee demonstrates to the City's satisfaction that it has the qualifications, experience and financial resources necessary and adequate as may be reasonably determined by the City to competently complete the Predevelopment Work and to otherwise fulfill the obligations undertaken by the Borrower under this Agreement. (ii) The Borrower and the proposed transferee shall submit for City review and approval all instruments and other legal documents proposed to effect any Transfer of this Agreement together with such documentation ofthe proposed transferee's qualifications and capacity as the City may reasonably request.
(iii) The proposed transferee shall expressly assume all of the rights and obligations of the Borrower under this Agreement, all other City Documents and all obligations of Borrower arising prior to the effective date of the Transfer (unless Borrower expressly remains responsible for such obligations) and shall agree to be subject to and assume all of Borrower's obligations set forth in this Agreement.
(iv) The Transfer shall be effectuated pursuant to a written instrument satisfactory to the City.
Consent to any proposed Transfer may be given by the City Manager unless the City Manager, in his or her discretion, refers the matter of approval to the City Council. If the City rejects a proposed Transfer, the City, as applicable, shall provide the reasons for such rejection in writing within thirty (30) days following receipt of written request by Borrower, and representatives of the City shall meet with Borrower and the proposed transferee to discuss in good faith the reasons for the rejection and Borrower's and transferee's responses thereto. 8 ITEM 16.5.
ATTACHMENT 2
5.5 Effect of Transfer without City Consent.
5.5.1 In the absence of specific written agreement by the City, no Transfer by Borrower shall be deemed to relieve the Borrower or any other party from any obligation under this Agreement.
5.5.2 Without limiting any other remedy City may have under this Agreement,or under law or equity, this Agreement may be terminated by City if without the prior written approval of the City, Borrower assigns or Transfers this Agreement. This Section 5.5.2 shall not apply to Transfers permitted under Section 5.3.
5.6 Recovery of City Costs. Borrower shall reimburse City for all costs, including but not limited to attorneys' fees, incurred in reviewing instruments and other legal documents proposed to affect a Transfer under this Agreement and in reviewing the qualifications and financial resources of a proposed successor, assignee, or transferee within ten days following City's delivery to Borrower of an invoice detailing such costs. This Section 5.6 shall not apply to Transfers permitted under Section 5.3.
ARTICLE VI
DEFAULTS, REMEDIES AND TERMINATION
6.1 Event of Borrower Default. The following events shall constitute an event of default on the part of Borrower ("Event of Borrower Default"):
(a) Borrower fails to pay when due the principal and interest (if any) payable under the Promissory Note and such failure continues for thirty (30) days after City notifies Borrower thereof in writing;
(b) A Transfer occurs, either voluntarily or involuntarily, in violation of Article V· '
( c) Borrower fails to maintain insurance as required pursuant to this Agreement, and Borrower fails to cure such default within ten (10) days following notice thereof from the City;
( d) Any representation or warranty contained in this Agreement or in any financial statement, certificate or report submitted to the City in connection with this Agreement or Borrower's request for the Predevelopment Loan proves to have been false in any material and adverse respect when made and continues to be materially adverse to the City;
(e) If, pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy Law"), Borrower (i) commences a voluntary case or proceeding; (ii) consents to the entry of an order for relief against Borrower in an involuntary case; (iii) consents to the appointment of a trustee, 9 ITEM 16.5.
ATTACHMENT 2
receiver, assignee, liquidator or similar official for Borrower; (iv) makes an assignment for the benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due; (f) A court of competent jurisdiction shall have made or entered any decree or order:
(1) adjudging the Borrower to be bankrupt or insolvent, (2) approving as properly filed a petition seeking reorganization of the Borrower or seeking any arrangement for Borrower under bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the Borrower in bankruptcy or insolvency or for any of its properties, or ( 4) directing the winding up or liquidation of the Borrower; (g) Borrower shall have assigned its assets for the benefit of its creditors ( other than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within sixty ( 60) days after such event (unless a lesser time period is permitted for cure under any other mortgage on the Property, in which event such lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant to such sequestration, attachment, or execution; (h) The Borrower shall have voluntarily suspended its business or Borrower shall have been dissolved or terminated;
(i) An event of default arises under this Agreement or any City Document and remains uncured beyond any applicable cure period; or G) Borrower defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 6.1 and unless a shorter cure period is specified for such default, the default continues for ten (10) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which City shall have given written notice of the default to Borrower; provided however, if the default is of a nature that it cannot be cured within thirty (30) days, a Borrower Event of Default shall not arise hereunder if Borrower commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than ninety (90) days after receipt of notice of the default or such longer period as the City may allow.
6.2 City Default. An event of default on the part of City ("Event of City Default") shall arise hereunder if City fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a period of thirty (30) days after written notice thereof from Borrower to City, or in the case of a default which cannot with due diligence be cured within thirty (30) days, City fails to commence to cure the default within thirty 10 ITEM 16.5.
ATTACHMENT 2
(30) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion and in no event later than ninety (90) days after receipt of notice of the default or such longer period as the Borrower may allow.
6.3 City's Right to Terminate Agreement. If an Event of Borrower Default shall occur and be continuing beyond any applicable cure period, then City shall, in addition to other rights available to it under law or this Agreement, have the right to terminate this Agreement. If City makes such election, City shall give written notice to Borrower and to any mortgagee entitled to such notice specifying the nature of the default and stating that this Agreement shall expire and terminate on the date specified in such notice, and upon the date specified in the notice, this Agreement and all rights of Borrower under this Agreement, shall expire and terminate.
6.4 City's Remedies and Rights Upon an Event of Borrower Default. Upon the occurrence of an Event of Borrower Default and the expiration of any applicable cure period, City shall have all remedies available to them under law or equity, including, but not limited to the following, City may, at its election, without notice to or demand upon Borrower, except fornotices or demands required by law or expressly required pursuant to this Agreement or the City Documents, exercise one or more of the following remedies:
(a) Accelerate and declare the balance of the Promissory Note and interest accrued thereon immediately due and payable;
(b) Seek specific performance to enforce the terms of this Agreement or City Documents;
( c) Pursue any and all other remedies available under law to enforce the terms of this Agreement and the City Documents and City's rights thereunder.
6.5 Borrower's Remedies Upon an Event of City Default. Upon the occurrence of an Event of City Default, in addition to pursuing any other remedy allowed at law or in equity or otherwise provided in this Agreement, Borrower may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking to obtain any other remedy consistent with the purpose of this Agreement.
6.6 Remedies Cumulative; No Consequential Damages. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same or any other default by the other Party. Notwithstanding anything to the contrary set forth herein, a party's right to recover damages in the event of a default shall be limited to actual damages and shall exclude consequential damages.
6.7 Inaction Not a Waiver of Default. No failure or delay by any Party in asserting any of its rights and remedies as to any default shall operate as a waiver of such default or of anysuch rights or remedies, nor deprive any Party of its rights to institute and maintain any action or 11 ITEM 16.5.
ATTACHMENT 2
proceeding which it may deem necessary to protect, assert or enforce any such rights or remedies in the same or any subsequent default.
ARTICLE VII
INDEMNITY AND INSURANCE.
7.1 Indemnity. Borrower shall indemnify, defend (with counsel approved by City, such approval not to be unreasonably withheld) and hold Indemnitees harmless from and against any and all Claims, including without limitation, Claims arising directly or indirectly, in whole or in part, as a result of or in connectionwith Borrower's or Borrower's contractors, subcontractors, agents or employees in the performance of the Predevelopment Work, or any part thereof or otherwise arising out of or in connection with Borrower's performance under this Agreement.
Borrower's indemnification obligations under this Section 7.1 shall not extend to Claims resulting from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 7 .1 shall survive the expiration or earlier termination of this Agreement. It is further agreed that City does not and shall not waive any rights against Borrower that they it have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or the deposit with City by Borrower, of any of the insurance policies described in this Agreement.
7.2 Insurance.
(a) B orrower and all contractors working on behalf of Borrower on the Predevelopment Work shall maintain the insurance coverage as described in the City Insurance Requirements attached hereto Exhibit E and incorporated herein. (b) Prior to closing of the Predevelopment Loan, Borrower shall furnish City with certificates of insurance in form acceptable to City evidencing the required insurance coverage and duly executed endorsements evidencing such additional insured status. Each certificate shall contain all provisions required in the City Insurance Requirements. ( c) If any insurance policy or coverage required hereunder is canceled or reduced, Borrower shall, within fifteen (15) days after receipt of notice of such cancellation or reduction in coverage, but in no event later than the effective date of cancellation or reduction, file with City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, City may, without further notice and at its option, procure such insurance coverage at Borrower's expense,and Borrower shall promptly reimburse City for such expense upon receipt of billing from City.
ARTICLE VIII MISCELLANEOUS PROVISIONS
8.1 Enforced Delay; Extension of Times of Performance. Subject to the limitations set f011h below, performance by any Party shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended where delays are due to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the 12 ITEM 16.5.
ATTACHMENT 2
public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, governmental restrictions or priority, litigation, including court delays, unusually severe weather, acts or omissions of the other Parties, acts or failures to act of any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other cause beyond the affected Party's reasonable control. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Parties within thirty (30) days of the commencement of the cause and such extension is not rejected in writing by the other Parties within ten (10) days ofr eceipt of the notice. None of the Parties shall unreasonably withhold consent to an extension of time pursuant to this Section.
Times of performance under this Agreement may also be extended in writing by the mutual agreement of Borrower and City (acting in the discretion of its City Manager unless he or she determines in his or her discretion to refer such matter to the City Council). City and Borrower acknowledge that adverse changes in economic conditions, either of the affected Partyspecifically or the economy generally, changes in market conditions or demand, and/or inability to obtain financing to complete the work of Improvements shall not constitute grounds of enforced delay pursuant to this Section. Each Party expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date.
8.2 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on deliveryif delivery is confirmed by the delivery service;
City:
Borrower:
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Attention: Stefan Heisler
(with copy to City Attorney)
Mills Station Affordable Housing Partners, L.P.
44 Montgomery Street, Suite 1310
San Francisco, CA 94104
Attention: Ann Silverberg(with copy to Nicole Deddens, Esq.)
8.3 Attorneys' Fees. If any Party fails to perform any of its obligations under this Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation 13 ITEM 16.5.
ATTACHMENT 2