Rancho Cordova City Council
December 2, 2024

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, December 2, 2024
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, December 2, 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, December 2, 2024, at 2:00 p.m.

AGENDA

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

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

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, December 2, 2024

David Sander

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

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

3. PLEDGE OF ALLEGIANCE

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

4. INVOCATION

Walter Little with St. John Vianney Catholic Church will give the invocation.

5. PRESENTATIONS

5.1. Presentation of Proclamation to Steve Harriman on the Occasion of His Retirement.

5.2. Introduction of Lt. James McFarland, Assistant Police Chief and Recognition of Outgoing Assistant Police Chief Nick Goncalves by Rancho Cordova Police Chief Matthew Tamayo.

5.3. Presentation on the Utility Art Box Project.

6. 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.

7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

8.1. Update on Mail Theft of United States Postal Service (USPS) Mail.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of November 18, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-259 with the County of Sacramento in an Amount not to Exceed $326,000 for Landscape Services, Management, and Operations of Public Frontages in the Mather Commerce Area.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Approving the Final Map of Rio Del Oro Lot 67C, Subdivision No. FM- 2019-004-04, and Authorizing the Execution of the Subdivision Improvement Agreement Contract No. 2024-242.

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, December 2, 2024

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-256 in an Amount not to Exceed $2,046,930.86 with Dutch Contracting Inc. to Construct the ARPA Streetlights and Traffic Calming Project.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the Continued Use of Military Equipment for Law Enforcement.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute an American Rescue Plan Act Subaward Agreement with Mercy Housing California for $5,000,000 for the Mather Veterans Village Phase 4 Project.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-267 in an Amount Not to Exceed $237,760 with Raney Planning & Management, Inc. for the Legado Specific Plan Environmental Impact Report.

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Authorizing the City Manager to Approve a Purchase in an Amount not to Exceed $399,039 with Miles Treaster and Associates for Office Furniture for Suite 230 at Rancho Cordova City Hall.

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution of the City Council of the City of Rancho Cordova Approving the Sixth Amendment to the First Restated Agreement for Legal Services Between the City and Meyers Nave.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

10.1. Subject: A Resolution of the City Council of the City of Rancho Cordova, Vacating a Portion of Right-of-Way at 10447 Folsom Boulevard for Woodberry Way and Reserving a Public Access Easement for The Crossings at Woodberry.

Recommendation: Adopt the Resolution.

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-268 with Flock Group, Inc. in an Amount not to Exceed $1,142,515 for Automated License Plate Reader Technology.

Recommendation: Adopt the Resolution.

12.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-269 in an Amount Not to Exceed $2,777,937 with the Rancho Cordova Area Chamber of Commerce for Business Retention Services.

Recommendation: Adopt the Resolution.

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, December 2, 2024

12.3. Subject: A Resolution Approving an Incentive Payment for 2024 Performance and a Salary Increase for Micah Runner for Service as City Manager, and Adjusting the Full Time Employee Salary Schedule for the Position of City Manager.

Recommendation: Receive oral report summarizing the proposed changes to the City Manager's pay and benefits and adopt the Resolution.

12.4. Subject: Appointment of Real Property Negotiators: Micah Runner, City Manager and Adam U. Lindgren, City Attorney. Property Address: a Portion of the Property at 3601 Grant Line Road, Assessor's Parcel Number (APN): 073-0010-012.

Recommendation: Approve appointment of Real Property Negotiators.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

14. ADJOURN TO CLOSED SESSION

Mayor Sander will adjourn the meeting to closed session.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

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

16. CLOSED SESSION ITEM

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

16.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: A Portion of the Property at 3601 Grant Line Road, Assessor's Parcel Number (APN): 073-0010-012, City Negotiators: Micah Runner, City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: Reinheimer. Under Negotiation: Price and Terms of Payment.

17. OPEN SESSION - REPORT FROM CLOSED SESSION

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

18. ADJOURNMENT

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

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

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.

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, December 2, 2024

UPCOMING MEETINGS
December 16, 2024 5:30 PM Regular Meeting
January 6, 2025 4:00 PM Special Meeting/5:30 PM Regular Meeting January 21, 2025 5:30 PM Regular Meeting
January 28, 2025 9:00 AM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast 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, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the December 2, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on November 27, 2024, at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.

Signed November 27, 2024, at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 9.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, November 18, 2024
4:00 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
Hilton Garden Inn Secaucus/Meadowlands - Lobby
875 Route 3, East Service Road
Secaucus, NJ 07094

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Vice Mayor Pulipati called the Special Meeting to order in the David B. Roberts Council Chambers at 4:04 p.m.

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

2. PUBLIC COMMENT

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

3. ADJOURN TO CLOSED SESSION

Vice Mayor Pulipati adjourned the meeting to closed session at 4:06 p.m.

4. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Vice Mayor Pulipati called closed session to order at 4:06 p.m.

ITEM 9.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 18, 2024

Council Members Present: Linda Budge, Garrett Gatewood, Donald Terry, and Vice Mayor Pulipati
Council Members Absent: Mayor David Sander
Staff Members Present: Adam Lindgren and Micah Runner

5. CLOSED SESSION

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

5.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager: Pursuant to Government Code Section 54957(b)(1).

5.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney: Pursuant to Government Code Section 54957(b)(1).

6. OPEN SESSION - REPORT FROM CLOSED SESSION

City Attorney Adam Lindgren reported that closed session would be reconvened at the end of the Regular meeting.

7. ADJOURNMENT TO REGULAR MEETING

Vice Mayor Pulipati adjourned closed session to the regular meeting at 5:35 p.m.

8. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Vice Mayor Pulipati 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 (joined at 6:25 p.m.)
Council Members Absent: None
Staff Members Present: Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner

9. METRO CABLE TV TELEVISION ANNOUNCEMENT

The City Clerk read the meetings recordings and playback schedule.

10. PLEDGE OF ALLEGIANCE

Matt Ceccato led the pledge.

11. INVOCATION

Mark Shetler with River City Christian Church gave the invocation.

12. PRESENTATIONS

12.1. Presentation of the Visit Rancho Cordova Annual Report by Marc Sapoznik, President & CEO, Visit Rancho Cordova.

12.2. Recognition of Council Member Donald Terry.

Vice Mayor Pulipati asked if there were comments from the public. The following individuals commented on this item:

ITEM 9.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 18, 2024

1. Diann Rogers
Vice Mayor Pulipati closed the public comment period.

12.3. Mayor David Sander's Birthday on November 25, 2024.

13. PUBLIC COMMENT

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

1. Rebecca Light

2. Samantha Stringer

3. Siddharth

4. Shatakashi

5. Sri Vadlamuri

6. Michael Dack

7. Aida Selmic

8. Christina Cherif

9. Sarah Williams

10. Haroon Rasheed

11. Michelle Winslett James

12. Fauziya Faruk

13. Samantha Stringer

14. Evan Martinez Jones

15. Joaquin Javier

16. Natalia Lara

17. The Rancho Cordova Ceasefire Team
Vice Mayor Pulipati closed the public comment period.

14. COUNCIL REPORTS

Council reported on events since the last meeting.

15. CITY MANAGER'S REPORT

City Manager Micah Runner gave his report.

16. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

Item 16.7 was pulled for separate discussion.

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

ACTION: Motion to approve items 16.1 through 16.6 and item 16.8 by Terry second by Budge;
Motion passed with a 5:0 vote.

16.1. Subject: Meeting Minutes from the Regular City Council Meeting of November 4, 2024.

Recommendation: Adopt the minutes.

16.2. Subject: A Resolution of the City Council of the City of Rancho Cordova, Approving the Final Map for Sunridge Park III, Subdivision No. FM-24-0045, and Authorizing the Execution of Subdivision Improvement Agreement Contract No. 2024-253.

Recommendation: Adopt the Resolution.

ITEM 9.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 18, 2024

16.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-251 with Kimley-Horn & Associates, Inc. in an Amount not to Exceed $342,203 for Professional Engineering Services on the Lincoln Village Traffic Calming Project.

Recommendation: Adopt the Resolution.

16.4. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-248 with Kittelson & Associates, Inc., in an Amount not to Exceed $115,253 for Professional Engineering Services on the Anatolia Drive Traffic Calming Project.

Recommendation: Adopt the Resolution.

16.5. Subject: A Resolution of Intention of the City Council of the City of Rancho Cordova to Annex Project Sunrise (Amazon Project) to the City of Rancho Cordova Community Facilities District No. 2008-1 (Street Lighting and Road Maintenance) and Designate a Time and Place to Hear Protests in Connection with the Annexation.

Recommendation: Adopt the Resolution of Intention to annex Project Sunrise (Amazon Project) to Community Facilities District (CFD) No. 2008-1 (Street Lighting and Road Maintenance).

16.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-299-06 to Increase the Contract by $65,350 to an Amount not to Exceed $509,118 with Wood Rodgers, Inc. for Engineering Design and Right of Way Acquisition Support Services for the White Rock Road Phase 3 - 0.5 Mile East of Rancho Cordova Parkway to the City Limits Project, CP22-2228.

Recommendation: Adopt the Resolution.

16.7. Subject: A Resolution Authorizing the City Manager to Procure Microsoft 365 G5 Licenses, Utilizing the County of Riverside Agreement, in an Amount not to Exceed $288,702 Annually for the Next Three Years.

Recommendation: Adopt the Resolution.

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

1. James Garcia

2. Helen Whelan-Bashaw

3. James Garcia
Vice Mayor Pulipati closed the public comment period.

ACTION: Motion to approve item 16.7 by Terry second by Budge; Motion passed with a 5:0 vote.

16.8. Subject: A Resolution Authorizing the City Manager to Execute the Fourth Amendment to Contract No. 2021-272 with BPR Consulting Group, LLC to Update the Billing Rates.

Recommendation: Adopt the Resolution.

17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

None.

18. PUBLIC HEARING ITEMS

None.

19. REGULAR CALENDAR ITEMS

19.1. Subject: Measure R and Measure H/Community Enhancement & Investment Fund

ITEM 9.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 18, 2024

Citizen Oversight Board Appointments.

Recommendation: Discuss, and select, by a majority vote of the full City Council, two, two-year term board members and two, one-year term at-large student appointees, to fill the combined Measure R and Measure H/Community Enhancement & Investment Fund Citizen Oversight Board.

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

1. Isabella Tang

2. Jason Williams
Vice Mayor Pulipati closed the public comment period.

ACTION: Motion to appoint Vraj Thakkar and Isabella Tang as student members of the Community Enhancement & Investment Fund Citizen Oversight Board by Terry second by Budge;
Motion passed with a 5:0 vote.

ACTION: Motion to appoint Jason Williams and Houa Vang to the Community Enhancement & Investment Fund Citizen Oversight Board by Gatewood second by Pulipati;
Motion passed with a 4:0 vote.

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

19.2. Subject: A Resolution Approving the Three-Year Economic Development Strategic Plan.

Recommendation: Receive the Presentation and Adopt the Resolution.

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

ACTION: Motion to approve item 19.2 by Budge second by Sander; Motion passed with a 5:0 vote.

19.3. Subject: A Resolution for the 180-day Wait Period Exception for Hiring Elizabeth Sparkman as a Temporary Extra-Help Employee Under Government Code Sections 7522.56 and 21224.

Recommendation: Adopt the Resolution.

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

1. James Garcia

2. Helen Whelan-Bashaw
Vice Mayor Pulipati closed the public comment period.

ACTION: Motion to approve item 19.3 with corrections to the Resolution by Terry second by Budge;
Motion passed with a 5:0 vote.

ITEM 9.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 18, 2024

20. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

21. RECONVENE SPECIAL MEETING/CLOSED SESSION

Vice Mayor Pulipati reconvened the Special meeting/closed session at 8:34 p.m.

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

22. OPEN SESSION - REPORT FROM SPECIAL MEETING/CLOSED SESSION

City Attorney Adam Lindgren reported that the City Council conducted the City Manager’s performance evaluation. The Council reports that the City Manager’s performance has been innovative and elevating.

City Manager Micah Runner reported that the City Council reports that the City Attorney’s performance has been innovative and impactful.

23. ADJOURNMENT TO CLOSED SESSION
Vice Mayor Pulipati adjourned the meeting to closed session.

24. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Vice Mayor Pulipati called closed session to order at 8:35 p.m.

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

25. CLOSED SESSION

Council met in closed session to discuss the following items:

25.1. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. Agency Designated Representatives: Mayor David Sander and City Attorney Adam U. Lindgren; Unrepresented Employee: City Manager.

25.2. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. Agency Designated Representatives: Mayor David Sander and City Manager Micah Runner; Unrepresented Employee: City Attorney.

26. OPEN SESSION - REPORT FROM CLOSED SESSION

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

ITEM 9.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 18, 2024

27. ADJOURNMENT

Vice Mayor Pulipati adjourned the meeting at 8:46 p.m.
__________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.2.

DATE: December 2, 2024

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-259 WITH THE COUNTY OF SACRAMENTO IN
AN AMOUNT NOT TO EXCEED $326,000 FOR LANDSCAPE

SERVICES, MANAGEMENT, AND OPERATIONS OF PUBLIC

FRONTAGES IN THE MATHER COMMERCE AREA

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2024-259 with the County of Sacramento in an amount not to exceed $326,000 for landscape maintenance and operations services of public frontages in the Mather Commerce Area.

BACKGROUND

The County has historically managed tree, vegetation, and landscape maintenance within the Mather Commerce Area, covering areas within both City and County boundaries. The City and County agree that a transition of maintenance responsibilities for areas within city limits is necessary. These areas are identified in Exhibit A of Contract No. 2024-259. Following negotiations, the County has agreed to continue landscape maintenance services until December 31, 2025. During this time, City staff will develop a Request for Proposals to assume full control starting January 1, 2026. The City will reimburse the County for services rendered throughout this one-year transition period.

Staff recommends adopting the Resolution to authorize the City Manager to execute Contract No. 2024-259 with the County of Sacramento for landscape services, management, and operations of public frontages in the Mather Commerce Area, in an amount not to exceed $326,000. This agreement reflects a collaborative approach to landscape management, with a structured plan to transfer responsibilities to the City on January 1, 2026.

FISCAL IMPACT AND FUNDING SOURCE

The contract would be funded by Measure A and Public Works Operating Funds and would have no impact on the City's General Fund.

ATTACHMENT(S)

City Council Staff Report - Page 2 of 2

1. Resolution

2. Contract No. 2024-259

ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-259 WITH THE COUNTY OF SACRAMENTO IN AN AMOUNT NOT TO EXCEED $326,000 FOR LANDSCAPE SERVICES, MANAGEMENT, AND OPERATIONS OF PUBLIC

FRONTAGES IN THE MATHER COMMERCE AREA

WHEREAS, the County has historically managed tree, vegetation, and landscape maintenance within the Mather Commerce Area, covering areas within both City and County boundaries; and

WHEREAS, the County will continue to provide landscape maintenance services, management, and operations of areas within the City until December 31, 2025; and WHEREAS, the City will reimburse the County for services rendered; and

WHEREAS, adoption of this Resolution will allow the City Manager to execute a one-year contract with the County of Sacramento in an amount not to exceed $326,000; and

WHEREAS, the services will exceed the maximum amount the City Manager has authorization to approve; and

WHEREAS, the contract will be funded by Measure A and Public Works Operating Funds and has no impact on the City's General Fund.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-259 with the County of Sacramento in an amount not to exceed $326,000 in a form approved by the City Attorney for landscape services, management, and operations of public frontage in the Mather Commerce Area.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

AGREEMENT FOR LANDSCAPE SERVICES, MANAGEMENT, AND OPERATIONS

OF MATHER COMMERCE AREAS BETWEEN THE COUNTY OF SACRAMENTO

AND THE CITY OF RANCHO CORDOVA
This
Agreement for Maintenance of Mather Commerce Landscape Areas (Maintenance Area) within the City of Rancho Cordova (“Agreement”) is made and entered into on January 1, 2025, by and between the County of Sacramento, a political subdivision of the State of California (“COUNTY”), and the City of Rancho Cordova, a municipal corporation organized and existing under the laws of the State of California (“CITY”).

RECITAL
S
A. COUN
TY and CITY desire to enter into this Agreement to outline a transition plan for landscape services, management, and operations in the Mather Commerce Area that are within the boundaries of the CITY.

B. CITY w
ill reimburse COUNTY for services rendered during the transition period of January 1, 2025, to December 31, 2025.

C. This A
greement, at the end of the term, will transfer landscape services, management, and operations from one agency to the other.

AGREEM
ENT
NOW,
THEREFORE, in consideration of the mutual promises, conditions and covenants hereafter set forth, the COUNTY and CITY hereby agree as follows:

1. INCORPORATION OF BACKGROUND
The forgoi ng recitals are true and correct and are hereby incorporated by reference.

A. COUNTY sh
all be responsible for landscape maintenance, as further described in Sections 2 through 5 of this Agreement, of the Maintenance Area pursuant to Exhibit A until December 31, 2025.

B. COUNTY s
hall allow the CITY to transfer utility accounts ownership of the Maintenance Area as soon as October 1, 2025 and prior to termination as outlined in Section 14.

C. COUNTY sha
ll submit invoices to CITY in the manner pursuant to Section

10. ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

D. CITY shall compensate or reimburse COUNTY for maintenance and operations work performed on the Maintenance Area during the term of this Agreement.

E. CITY s
hall have full ownership, control and supervision of landscape services, management, and operations within the Maintenance Area beginning January 1, 2026.

2. TREE, VEGETATION AND LANDSCAPE MAINTENANCE
COUNTY will be responsible to provide tree and landscape maintenance per the existing landscape maintenance county contract MA00043709 or similar.

All
work performed by the COUNTY shall meet the intent of the Tree Pruning Guidelines of the Official Publication of the International Society of Arboriculture.

3. CONTRACT LANDSCAPE
COUNTY will be responsible to provide contract landscape services.

The lan
dscaped area shall be fully maintained consistent with the landscape as designed and the irrigation system shall remain functional as designed, or as the design has been altered over the course of the project’s inception. Any degradation of the facility shall be repaired and corrected in a timely manner, excluding the landscape accent lighting due to degradation of the facilities.

4. HAZARDOUS MATERIALS RESPONSE
Each jurisdiction shall be responsible for providing hazardous materials response and abatement ("HMRA") for shared facilities as assigned to that jurisdiction under this Agreement. The assigned jurisdiction shall be responsible for all costs associated with HMRA. The assigned jurisdiction shall perform HMRA of each incident in its entirety in accordance with all applicable laws and regulations.

The ass
igned jurisdiction shall advise the other jurisdiction as soon as practicable of any detours, road closures, severe traffic congestion, or excavations that may affect the other agency as a result of HMRA activities.

In th
e event that a hazardous materials incident occurs within the boundaries of one jurisdiction and flows, drifts, wafts, or blows into the boundary of the other jurisdiction, the first responding jurisdiction is hereby granted permission to perform hazardous materials abatement however far is necessary to abate the emergency. The County and City will work cooperatively in the event of hazardous materials incident that crosses boundary lines or when directed by a hazardous materials scene commander.

ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

5. EMERGENCY AND AFTER-HOURS RESPONSES
A. COUNTY is responsible for providing emergency and after-hours responses on areas specified in Exhibits A limited to services pursuant to the landscape maintenance contract specifications, both during work hours and after work hours.

B. The COUNT
Y will perform emergency maintenance as it deems
necessary to correct the problem or render the scene safe until proper maintenance can be performed.

C. Eit
her agency will advise the other jurisdiction as soon as practical of any detours, road closures, severe traffic congestion, or excavations that may affect the other agency as a result of emergency response activities.

6. ADVANCE COOPERATION, MEDIA ALERT AND PUBLIC NOTIFICATIONS COUNTY is responsible for notifying CITY, consistent with Section 26 below, at least ten (10) business days in advance of any scheduled maintenance, and cooperatively working out a traffic plan to minimize traffic delays, severe traffic congestion, detours, and road closures that may be caused as a result of any such work.

7. GENERAL SERVICE PLANS AND AS–BUILT PLANS
COUNTY will share general service plans and as-built plans of Maintenance Area, if requested by the CITY.

COUNTY
will provide as-builts and record drawings in the COUNTY’s possession to the CITY on or before January 1, 2026.

8. OWNERSHIP, CONTROL AND SUPERVISION
A. COUNTY shall have full ownership, control and supervision of landscape services, management, and operations within the Maintenance Area during the term of this Agreement.

B. This
Agreement, at the end of the term, will transfer ownership, control and supervision of landscape services, management, and operations within the Maintenance Area from one agency to the other.

9. DISPUTES
In the event of any dispute arising out of or relating to this Agreement, the agencies will attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutual agreement, nothing herein will preclude either agency’s right to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California.

ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

10. INVOICE
COUNTY will provide quarterly reports of the running cost to the CITY.

COUNTY
shall submit invoices, not more than twice a year during the term of this agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. The first invoice will be submitted no later than July 31, 2025, and the final invoice no later than February 1, 2026.

Invoi
ces shall contain the following information:
• The beginning and ending dates of the billing period. • Copies of invoices paid to contractors and utility companies.

11. PAYMENT
CITY shall make bi-annual or yearly payments, based on invoices received, for services performed, and for authorized reimbursable costs incurred above to pay the COUNTY. The CITY shall remit payment to the COUNTY no later than 15 business days after receipt of the invoice. If the CITY disputes any items or charges on the invoice for a reasonable cause, the CITY may deduct that disputed charge from the payment but shall not delay the payment. The amount and reason for such deduction shall be documented in writing to the COUNTY no later than 10 business days from receipt of invoice. The appropriate parties shall meet no later than 10 business days after the COUNTY’s receipt of disputed notice to resolve the issue and effect changes to the next billing cycle.

12. TOTAL PAYMENT
CITY shall guarantee payment of 72% of the total expenditure for the term of the agreement. The estimated total expenditure for the term of the agreement is $326,000.00. In the event, expenditures rise due to service needs, unforeseen utility costs, unforeseen economic conditions or emergencies the CITY shall pay any amount of expenditures for service rendered that exceed the estimated total expenditure.

13. TERM
This Agreement is effective and commences as of the date first written above and shall remain in effect until January 1, 2026.

14. TERMINATION
Either agency may terminate this Agreement for any reason and without cause during the term thereof by providing 180 days prior written notice of such termination to the other agency.

15. ADMINISTRATION
The CITY’s Public Works Director shall administer this Agreement on behalf of the CITY and the COUNTY’s Deputy County Executive of the Community ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

Services Agency (“Deputy County Executive”) shall administer the Agreement on behalf of COUNTY.

16. MAINTENANCE OF RECORDS AND AUDITS
COUNTY will maintain adequate financial records during the term of this Agreement to document its costs of providing landscape services, management, and operations pursuant to this Agreement. COUNTY will make their records available for inspection and audit by the other party upon reasonable notice.

Pursuant to Government Code section 8546.7, COUNTY Records will be subject to examination and audit by the State Auditor for a period of three (3) years after final payment pursuant to this Agreement. COUNTY will retain all records relating to the performance of this Agreement for this three (3) year period, except those records pertaining to any audit then in progress, or any claims or litigation, will be retained beyond such three (3) year period until final resolution of such audit, claim or litigation.

17. INDEMNIFICATION
To the fullest extent permitted by law, each of the Parties shall indemnify, defend and hold harmless each of the other Parties, their respective governing boards, officers, directors, officials, employees, and authorized volunteers and agents from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the their respective governing boards, officers, directors, officials, employees, volunteers, agents, or contractors.

It i
s the intention of the Parties that the provisions of this indemnity be interpreted to impose on each Party responsibility for the acts and omissions of their respective governing boards, officers, directors, officials, employees, volunteers, agents or contractors. It is also the intention of the Parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Claims attributable to the fault of that Party, its governing board, officers, directors, officials, employees, volunteers, agents, or contractors.

This
indemnity shall not be limited by the types and amounts of insurance or self- insurance maintained by the Parties.

Nothi
ng in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

The prov
isions of this Indemnity shall survive the expiration or termination of the Agreement.

18. INSURANCE
Each agency, at its sole cost and expense, shall carry insurance – or self-insure – its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance to cover its potential liabilities hereunder. Each agency agrees to provide the other thirty (30) days’ advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.

19. GOVERNING LAWS AND JURISDICTION
This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

20. ASSIGNMENT
Neither party hereto shall assign, or transfer any interest in this Agreement hereunder, without the prior written consent of the other party, and no assignment shall be of any force or effect whatsoever unless and until the other party furnishes such consent in writing, signed by both parties to this Agreement.

21. AMENDMENTS
This Agreement may be modified or amended, or any of its provision waived, only by a subsequent written amendment executed by the COUNTY’s Deputy County Executive and CITY’s City Manager.

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

23. WAIVER
The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or other matter.

24. SEVERABILITY
The invalidity, illegality or unenforceability or any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal, provided ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

that such invalidity does not materially affect the respective rights and obligations of the parties.

25. SUCCESSORS AND ASSIGNS
This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto, provided that the required consent has been obtained pursuant to Section 20 above.

26. NOTICE
Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail or e-mail, addressed as follows:

TO COUNT
Y: TO CITY:

Attn: Division Chief M&O Attn: O&M Division Manager
Department of Transportation City of Rancho Cordova
4111 Branch Center Road 3303 Luyung Drive
Sacramento, CA 95827 Rancho Cordova, CA 95742
Either
party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt.

27. AUTHORITY TO EXECUTE
Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each agency represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized.

28. DUPLICATE COUNTERPARTS
This Agreement may be executed in counterparts. The Agreement shall be deemed executed when it has been signed by both parties.

Signatur
es scanned and transmitted electronically shall be deemed original signatures for purposes of this Agreement, with such scanned signatures having the same legal effect as original signatures. This Agreement may be executed through the use of an electronic signature and will be binding on each party as if it were physically executed.

ITEM 9.2.

ATTACHMENT 2

County of Sacramento Contract No. ________
City of Rancho Cordova Contract No. 2024-259

IN WIT
NESS WHEREOF, the parties hereto have executed this Agreement the day of the year first written above.

CITY O
F RANCHO CORDOVA, a municipal corporation
Dated:
________________ By: ____
_________________
Micah Runner, City Manager
Attest:
_____________________
Stacy Leitner, City Clerk

REVIEWED AN

D APPROVED BY CITY ATTORNEY
By: ____
_________________
Adam Lindgren, City Attorney

COUNTY O
F SACRAMENTO, a political subdivision of the State of California Dated: __
_______________ By: __
___________________
David Defanti, Deputy County Executive
Agreement approved by the Board of Supervisors
with authority delegated to the Deputy County
Executive to sign
Agenda Date: ________________________
Item No: _____ Resolution No.___________
(4/5th Vote)

REVIEWED AND APPROVED BY

COUNTY COUNSEL
By: ____
_________________
Amanda McDermott, County Counsel
ITEM 9.2.

ATTACHMENT 2

PETER A MCCUEN BLVD

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VON
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BULLARD ST

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RANCHO CORDOVA CITY LIMITS
Proposed Assignment for
Landscape Maintenance
X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\MISCELLANEOUS\MARIA_LOPEZ\Landscape_Area_Map.mxd | Date 2020 This map was compiled using the best available
information at the time of publishing. The City of
Rancho Cordova makes no warranty of the accuracy
of the information contained on this map. The City of
Rancho Cordova will not be held liable for any
misuse or misinterpretation of the information.
0 0.04 0.08 Miles
Notes
±
DRAFT
City Limits
Streets
Proposed Landscape Maintenance Area
Area 1
Area 2
Area 3
Area 4
ITEM 9.2.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.3.

DATE: December 2, 2024

TO: Honorable Mayor and Council Members

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

SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF RIO DEL ORO LOT 67C, SUBDIVISION NO. FM-2019-004-04, AND AUTHORIZING

THE EXECUTION OF THE SUBDIVISION IMPROVEMENT
AGREEMENT CONTRACT NO. 2024-242

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would result in the City entering into Subdivision Improvement Agreement Contract No. 2024-242 , Attachment 2, with Alta Vista LLC, guaranteeing the construction of public utilities and the recording of the Final Subdivision Map of Rio Del Oro Lot 67C, Attachment 3, creating 42 residential lots, 1 greenbelt lot, and 1 landscape lot located south of White Rock Road.

BACKGROUND

The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Large Lot Map on May 17, 2021. A development agreement was entered on December 6, 2010. An amended and restated development agreement was executed on January 15, 2020. A copy of the Final Map, Attachment 3, and copy of the Vicinity Map, Attachment 4, are included with this letter.

Roads are offered for dedication with this subdivision. Alta Vista, LLC. has provided a Performance and Labor and Material Bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Youngdahl Consulting Group, Inc., dated December 2019.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2024/2025 estimated taxes have been secured with the Sacramento County Tax Collector.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact to the City.

City Council Staff Report - Page 2 of 2

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-242

3. Final Map

4. Vicinity Map

ITEM 9.3. 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, APPROVING THE FINAL MAP OF RIO DEL ORO LOT 67C, SUBDIVISION NO. FM-2019-004-04, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT NO. 2024-242 WITH ALTA VISTA LLC.

WHEREAS, the City Council approved the Large Lot Map on May 17, 2021, per Resolution No. 2021-71; and

WHEREAS, the Map is in substantial compliance with the approved Tentative Map; and

WHEREAS, the Conditions of Approval have been complied with; and

WHEREAS, the Map complies with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act; and

WHEREAS, the approval of Final Maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a Subdivision Improvement Agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Rio Del Oro Lot 67C, Subdivision No.

FM-2019-004-04 and does authorize the City Manager to execute Subdivision Improvement Agreement No. 2024-242 with Alta Vista, LLC, in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
1 SUB DIVISION IMPROVEMENT AGREEMENT
RI
O DEL ORO LOT 67C SUBDIVISION NO. FM 2019-004-04
THI
S SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Alta Vista, LLC, an Arizona limited liability company (hereinafter "Principal").

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

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

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

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

3. City A pproval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Rio Del Oro Lot 67C and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.

4. Complet
ion of Improvements. In consideration of such approval, Principal ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
2 agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.

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

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

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

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

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

10. Extension of
Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.

11. Improvem
ent Security. (a) Principal shall obtain and furnish to City an ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
3 improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b
) In l
ieu of said corporate surety bonds, Principal may furnish an improvement s
ecurity consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c
) The fai
lure of Principal to commence the required work of improvements, or to c
omplete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of
$3,001,000.00. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.

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

13. Inspection of Wor
k In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
4 deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b
) The deter
mination of the Administrator of Public Works of City as to the amount of w
ork done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c)
Im
provement security given to secure payment to contractor, his subcontractors and to per
sons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.

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

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

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

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

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

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

ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

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

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

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

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

SIG

NATURE PAGE FOLLOWING
ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

CONTRACT 2024-242
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA,
California Municipal Corporation
Micah Runner, City Manager
Date: - - -- - - -- - - - -

AL TA VISTA, LLC
nz na Limited Liability Company
Date: Id) Jy./p/ r I
ATTEST:

Stacy Leitner, CMC, City Clerk
APPROVED AS TO FORM:

Adam U. Lindgren, City Attorney
Date: --- - -- - - - -- -
Subdivision Improvement Agreement
Between City of Rancho Cordova and Alta Vista LLC
6 ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
•
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Sa_c_r_a_m_e_n_to _
on _ _ O_c_t_o_be_r_1_6_,_2_0_2_4 _ _ before me, S_u_s_a_n_R_S _t_e""""p_he_n_s_, _N_o_ta_ry"---P_u_b_lic _
Date Here Insert Name and Title of the Officer
personally appeared - --- - ------- ---"-P-=-n=·c=e-'W-'-=al=k=ef"-- ----- - ----- ­ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persorus) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature .$\ , , <> o ,..,., ::S.. ~ , Yt b, p eOl'\.­ Signature of Notary P b/ic
Place Notary Sea/ Above
------ ---- ---- -oPTIONAL----- ---- ---- --
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Rio Del Oro· Lot 67C -Subdivision Improvement Agreement Document Date: _ _ O_ct_ob_e_r _14_, _20_2_4 _ _ Number of Pages: Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
Corporate Officer - Tit~ s): _
Partner - O u mited LJ General
Individual 0 Attorney in Fact
Trustee □Guardian or Conservator
Other: _
igner Is Representing: _
Si ner's Name: _
Corporate Officer - Tit~ ):

Partner - O umited LJGeneral
Individual B Attorney in Fact
Trustee Guardian or Conservator
Other: _
rgner Is Representing: _
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Attachment 2
ITEM 9.3.

ATTACHMENT 2
Contract No. 2024-242

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CONSENT TO THE PREPARATION AND RECORDING OF THIS FINAL MAP.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

THE UNDERSIGNED HEREBY OFFERS FOR DEDICATION AND DOES HEREBY

DEDICATE TO ANY AND ALL PUBLIC USES, PUNTARENAS WAY, SARAPIQUI WAY,

POCOSOL WAY, ATIRRO WAY, AND LA FORTUNA DRIVE AS SHOWN HEREON, AND DOES HEREBY DEDICATE TO SPECIFIC PURPOSES THE FOLLOWING:

1. EASEMENT FOR PLANTING AND MAINTAINING TREES, ELECTROLIERS, TRAFFIC

CONTROL DEVICES, WATER AND GAS PIPES, AND UNDERGROUND WIRES AND

CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER

WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, ON, OVER, UNDER AND ACROSS LOT J AND THOSE STRIPS OF LAND 12.50 FEET,

25.50 FEET AND 31.00 FEET IN WIDTH LYING CONTIGUOUS TO THE PUBLIC DRIVE AND WAYS SHOWN HEREON AND DESIGNATED "PUBLIC UTILITY EASEMENT" (PUE).

2. EASEMENTS FOR LANDSCAPING AND ALL APPURTENANCES PERTAINING

THERETO LYING ON, OVER AND ACROSS LOTS E AND J AND THOSE STRIPS OF LAND SHOWN HEREON AND DESIGNATED "LANDSCAPING EASEMENT" (LE).

SAID STRIPS TO BE KEPT OPEN AND FREE FROM BUILDINGS.

3. RIGHT OF WAYS AND EASEMENTS FOR THE INSTALLATION AND MAINTENANCE

OF A PEDESTRIAN WALKWAY, TOGETHER WITH ANY AND ALL APPURTENANCES

PERTAINING THERETO ON, OVER, UNDER AND ACROSS LOTS E AND J AND THOSE STRIPS OF LAND 13.00 FEET IN WIDTH, SHOWN HEREON AND DESIGNATED "PEDESTRIAN EASEMENT" (PE). THE MAINTENANCE AND REPAIR OF THE WALKWAY SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER.

4. AN EASEMENT FOR CONSTRUCTING AND MAINTAINING CENTRALIZED MAIL

DELIVERY BOXES, PEDESTALS AND SLABS, TOGETHER WITH ANY AND ALL

APPURTENANCES PERTAINING THERETO INCLUDING PEDESTRIAN ACCESS FOR

DELIVERY AND RECEIPT OF MAIL ON, OVER, UNDER AND ACROSS STRIPS OF LAND 5.00 FEET IN WIDTH LYING CONTIGUOUS TO THE PUBLIC DRIVE AND WAYS SHOWN HEREON.

ALTA VISTA, LLC

AN ARIZONA LIMITED LIABILITY COMPANY
BY:
�?µ
NAME: W,t'°'o/ � F4Lfo-rr :uc.

TITLE: r8-E''> c-o�-r-

SURVEYOR'S STATEMENT

THIS FINAL MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS

BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF

THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF AEROJET-GENERAL CORPORATION, IN NOVEMBER, 2019. I HEREBY STATE THAT

ALL THE MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY

THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE DECEMBER 31, 2026 AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED; AND THAT THIS FINAL

MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, INCLUDING THE SIZE, SHAPE, LAYOUT AND NUMBER OF LOTS.

WOOD RODGERS, INC.

CRAIG
P.L.S.

DATE
1ofEj_z,t--
�

NOTARY'S ACKNOWLEDGMENT
E.

S,o
,!(�11�J�:

No. 7944

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES

ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO

WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA ) ss
COUNTY OF .;S o.s.c 0,,,ro, tLJ:J :\: C )
ON �'\� DAY OF C c.t,9\:, LC
, 2024 BEFORE ME, .:, -.>.� <>, o 3>,,,
,t,:t • t b � p:,. ,

A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE,
PERSON LL y APPEARED bl C> r r" L � \\'I "',; ',;, Tir I

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT

AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND: ,S, t !:: a O ... 0::B.:$:\:: 9 ph t =:c 0, PRINTED NAME: .6 >->,.:, c,,,o '?, ":,:\; \ f b "--O!a

MY PRINCIPAL PLACE OF BUSINESS IS IN THE
COUNTY OF: :Ji (,'),,,<:,,,,,Cc.., e:a 1:,, ,n:!s;;
c:,
MY COMMISSION EXPIRES: N "'' k rc,.\,i, r 'lo, cLC)), ,$

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF RIO DEL ORO LOT 67C

AND FIND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP APPROVED BY THE CITY OF RANCHO CORDOVA, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL

PROVISIONS OF THE SUBDIVISION MAP ACT AND ALL APPLICABLE CITY ORDINANCES HAVE BEEN COMPLIED WITH.

CITY ENGINEER, ALBERT STRICKER, R.C.E. 64057
DATED: _________ _

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF RIO DEL ORO LOT 67C, SUBDIVISION NO. FM-2019-004-04. AND FIND IT TO BE TECHNICALLY CORRECT.

J0
�
%Q\LIM�
-·-· 'NO. 9596
I I -10- 2-Dt'r
DATE

CITY CLERK'S STATEMENT
······r·····.. --.....,,� . ,··· o<.,;: /"o
'& 9596 �., V>
. . . .
..... _ . .: ···- -····

I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HAS APPROVED THIS FINAL MAP OF RIO DEL ORO LOT 67C AND HAS ACCEPTED ON BEHALF

OF THE PUBLIC ALL EASEMENTS AND RIGHTS-OF-WAY DESIGNATED PUNTARENAS WAY,

SARAPIQUI WAY, POCOSOL WAY, ATIRRO WAY, AND LA FORTUNA DRIVE AS SHOWN

HEREON, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO,

SUBJECT TO THE IMPROVEMENT THEREOF, AND DO HEREBY CERTIFY THE ABANDONMENTS LISTED HEREON.

BY:

CITY CLERK

CITY OF RANCHO CORDOVA
DATED:

RECORDER'S STATEMENT
FILED THIS ___ �DAY OF -----� 2024, AT ____ .M. IN
BOOK ___ OF MAPS, AT PAGE ____ AT THE REQUEST OF WOOD RODGERS, INC. TITLE TO THE LAND INCLUDED IN THIS FINAL MAP BEING VESTED AS PER CERTIFICATE NO. _______ ON FILE IN THIS OFFICE.

DONNA ALLRED, COUNTY RECORDER DOCUMENT NO.: _______ _

COUNTY OF SACRAMENTO
BY: ___________ _

DEPUTY RECORDER
FEE: $ _____ _

FINAL MAP

RIO DEL ORO
LOT 67C
SUBDIVISION NO. FM-2019-004-04
MY COMMISSION No.: _._;,_;,,,___,__e,�3,__,_a_;_?,Ll,o,,.._ _______ _ 8E'IN6 ALL � c.SiS '-TC:.. l"t(C>' E OF FINAL MAP OF RIO DEL ORO PHASE 1 LARGE LOT MAP, FILED FOR RECORD IN BOOK 428 OF MAPS, AT PAGE 5

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA � De.ceM:-btt' 2024
WOOD ROOOE:R:S

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 CS T, BLDG. 100-B TEL 916.341.7760
SACRAMENT□, CA95816 FAX 916.341.7767
Sheet 1 of 4
1032.065
ITEM 9.3.

ATTACHMENT 3

NOTES BASIS OF BEARINGS BOUNDARY SHEET

1. ALL CURVES DIMENSIONED WITH RADIUS, DELTA, AND THE BASIS OF BEARINGS FOR THIS SURVEY IS IDENTICAL TO THE FINAL MAP "RIO DEL ORO / / /
/ \
,
\ \
, / / / \ \ \
\
\ RIO [l)[El OFlO
ARC LENGTH. PHASE 1 LARGE LOT FINAL MAP" FILED IN BOOK 428 OF MAPS AT PAGE 5 SACRAMENTO ___,,/ / ,
'
'.?,
'
/ / \
\ \ PHASIE 1
2_ ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN COUNTY RECORDS AND IS BETWEEN TWO FOUND MONUMENTS MARKING THE °CENTERLINE OF /, / '\ 180 \ \�X / \ \ \ lARGIE l0l MAP FEET AND DECIMALS THEREOF. DOUGLAS ROAD AS SHOWN ON SAID FINAL MAP. SAID BEARING IS NORTH 89'37'42" WEST. ' ' , ' \ , /' ,,.;>-,;, 169 ). • \ LO.,. o@ DISTANCES SHOWN HEREON ARE GROUND BASED. / � (
\/ 1, / /
'
\� / \ ' \
" vv

3. DUE TO ROUNDING, THE SUM OF THE INDIVIDUAL ,------------------------------------------1 , / /' \ / / \ '\ 1"'1 / / \ \ \
428 MAPS 5
DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION. , FND/HEL D 3/4" IP WITH , 'p.'/ , 198
\ °\:,/ •� / \ -1:,.. \ 4. THE TOTAL AREA FOR THIS "FINAL MAP RIO DEL ORO : PLASTIC PLUG STAMPED : v /4$� � �
•
�
179 ', \'?,\ // \ ', , .<1.,; '-- �

5. LOT 67C" IS 13.74± ACRES, CONSISTING OF 42 'L" " ' ,.-o;,iJ'-v,,,-;'()()\., 'J, ), \O Y 170 \ ', \ Q RESIDENTIAL LOTS, 1 LANDSCAPE LOT AND 1 GREENBELT i LS 6046 ' i ,,"QCO):'.,(1,�" ";'., , ' , ,1�1,l 0 °"' / / \, •¾\, / .>, ', \ % > LOT. : -�--DOUQLASl\DAD _ ____::o_�: ___../1��()() "I ','b. 6S\��1 'f-� // ' "Z°A' // \ ' 0 5/8" REBAR CAPPED "LS 7944" WILL BE SET AT ALL : N89'37'42"W 1558.4 2'(!) T : • /,:,,�1, / \ 199 -1,'"�<:i� 265 '::!/ 178 \ , / ', ',_ O I BASIS OF BEARINGS , "" � :J 7 / \ '- \
POINTS QR AT A 2.00 FOOT PROJECTION ALONG LOT BASIS OF BEARINGS DETAIL • \ Cl ·, N34 31 16 W(1)(2), 171 i � ,
'
'£._ ',,
LINES ADJACENT TO WALLS (2.00 FOOT BY 2.00 FOOT .. /, \ -�,,� 1, ,
\
8I.OO'(I )(2) !RIO [l)[EL 01'10 ) <'\�/ 7 ,, OFFSETS FOR ANGLE POINTS ADJACENT TO WALLS). /" " 220 \ ()() ' ,t, / / ' ' • / / y, .,,o ,
FRONT CORNERS WILL BE SET WITH A 1" BRASS DISK
.,
I-
.
, ��•
f•'· 266 \ ' 264 u'>./ l0l ,6116 / �� / 1_rr. ¼ ',
,STAMPED "LS 7944" AT A 1.00 FOOT PROJECTION OF / /4•()() �, \g, ' ,;·s�I'-) \
>? ,;,
"' 177 428 MAPS 9 / ," / /" 7>�0s 'f'-�
THE PROPERTY LINE ONTO THE SIDEWALK. ," ",•1., 1, / ,c,\, , .c�() ' 6'v.6'·. / \ , �/ <l. 1 /
" 6'>"i:9" "'',,
/.:fr::fJ , ,... , '":)e:,v \ 0� / , \ QF ' ,?-,� '<.,/"-.

6. THIS FINAL MAP IS DEDICATING A 5.00 FOOT POSTAL �/,;:\,t•\/'�, of{O 221 ,'?,. -ii \ 7 '
\
'.f&, N3T12'3TW(1)(2) h,5, , /r,, ",, 0r;,Vy ',, /
EASEMENT ADJACENT TO ALL ROAD RIGHTS OF WAY •
.,/ -,;,o 0""'"" ,e 275 267 ', .,>, 263 -c:; 119.59'(1)(2) \F/ / ', ' �"� ', ,/ SHOWN HEREON.
/ < "'"
QI I) � ' / / '- '
�
/
"-
/ .. • \: • Ill C) � , " / ,, /

7. A SOILS REPORT FOR THIS SUBDIVISION WAS PREPARED
..
/ @ 'i'J\�1('S <:i�,1�
1,
, , , 0
\
176 ,._,,� v / 172 )'- ",, ',,
BY YOUNGDAHL CONSULTING GROUP, INC, ON DECEMBER /" /" ' 1,:z_o \c G \
' ' ¾
,,,
'l-/ , ,---._
/ / '- \(0 / •
20 19. A COPY OF THIS REPORT IS AVAILABLE FOR " / 245 1, 276 -':,�
/ / '-. ·\'.' / ' PUBLIC INSPECTION AT THE OFFICE OF THE CITY OF ·" /" ., , \
\'"' �,;__�l'-l \ 274 268
7 .,£, � 262 '2-"".;,
1/
'°b // c:,'o':, '-., RANCHO CORDOVA BUILDING INSPECTOR. ., / / • .,1·':l ' \ � • ,"(> / , 'l- 'r
,' '-.,
/ �� '&\ ')� \ • / / 173 i"' \._'l-1

8. LOT E IS FOR GREENBELT PURPOSES AND SHALL BE/, \ ,-;;,�'b -ii \ \ ,-,
' •♦� , Cl °o� .s'i',�01
·'-'.''/ ",,
GRANTED TO THE CITY OF RANCHO CORDOVA. \ 246 '·q,, - 287 277 ', ' ," 3 , •._ , e,' • . ("_;,; (" ,,. _,<o'l- 1'· � , <o , / \
•
' , , ., • , 'N49'47'21"W(R)(1)(2) -,p� ,- ' Y , /

9. LOT J IS FOR LANDSCAPING, PEDESTRIAN AND PUBLIC \ ��1,) y--" 273 269 # '-..,. I 38.00'(1)(2) .,>; f'o _4;"" . f's (i'-c1 ;, ',
UTILITY EASEMENT PURPOSES AND SHALL BE GRANTED 24 7 \ \l•,;__\\ , , ', 't_/ 1,v'> 175 / .,0 ,, <o' ()
;:\'.' ;, TO THE CITY OF RANCHO CORDOVA. 1 .,1·00c;�•' , ' � , ' > / •AV,,,• ,, i'o i\c ,, ' 'i)'), '],\V \ ~ ' ,.0, / __ ,- 'V •'o S J: V

10. :s!S---��NIT�RY __ SE_WsR __ EA_SE_ME;!T ____ _<?RA;!_TsD0 __ A�Q \ Vi \ ', , 286 278 ',� 272
<
";,i ///
174 ,\'0
1/',:,01 _':lc!,;;'3; 7
l8 \ ,
�
270 0; -·s'\i'i .()'b 1/
\ Q... 261 ·,i ,-,'◊-01 •'s-' '-- \ , 0, .t,,_\ "'"' '2>- ---- -- - --- \ ¾.. , , 0 ��'7 ,.o.. /
' 285 279 \ , /
288
'
\
/
' 7
.,£, /
' 2'
H:1 ' \ # 271 , \
__ -. _ ---- __ -- _ -, /\ , .: , ./ \ 260289 • '
ARE HEREBY ABANDONED: \, / • \ / on; \/ GtlU _..� ' /, ,"' 11 .1 . THOSE PORTIONS OF IRREVOCABLE OFFER OF N33'07:i8 '11(1) __/\, / . _.. . . _ _ _ _ _ _ _ 10 '\ � ' , / \ ..#' ', \ / -�. /?90 ENTITLED "RIO DEL ORO PHASE 1 LARGE LOT MAP" _, ·
,
'?::.,�/,
...____.,,, y· , FILED IN BOOK 428 OF FINAL MAPS, AT PAGE 5, SEE DETAIL 'A' ', ¼ ""'j),-SACRAMENTO COUNTY RECORDS. SHEET3 'Q 283 281 '\\)' ,:,-,;,, 258

11.2. THOSE PORTIONS OF PUBLIC UTILITY EASEMENT N35'00'09"W(I) 291 c;;.. c0� / \ 4 J (PUE) AS DEPICTED ON THE MAP ENTITLED "RIO DEL 76 76'(1) , ¾ '
\ , j),-i ,{ '·-"
ORO PHASE I LARGE LOT MAP" FILED IN BOOK 428 __,,/ ' 7 " / ' - - - OF FINAL MAPS, AT PAGE 5, SACRAMENTO COUNTY SEE DETAIL 'B' \ .,£, , RECORDS. SHEET 3 , � '
., 0"
N3T27'22"W(I) 292 �• °#•·
GOG

75.00'(1) 12. A PERPETUAL, NONEXCLUSIVE, ASSIGNABLE AVIGATION ' ' '
\,/
,
/ ,,
/ 256
259
LOT E
'l.c'
• ro
b<.
i:-. ,Cl .�•\,, .,,.,'o , .().I
;i,<o
'l-
0 40 80
SCALE: 1 "= 80'
160

AND NOISE EASEMENT IN AND OVER THE PROPERTY

SHOWN HEREON TO THE COUNTY OF SACRAMENTO PER
DOCUMENT NO. I.01tflll3•&tl
293 �
,,
/, 255 RIO DIEL ORO
PHASIE 1
lARGIE LOl MAP
RIEMAll\lDIER
428 MAPS 5

LINE TABLE - THIS SHEET ONLY
LEGEND
0 •
®
@
@
ct.
100

DIMENSION POINT
FOUND 5/8" REBAR CAPPED "LS 8067"
FOUND I" BRASS DISK STAMPED "LS 8067" IN SIDEWALK
FOUND 3/4" IRON PIPE WITH CAP STAMPED "LS 8067"
SET 3/4" IRON PIPE WITH CAP STAMPED "LS 7944"

CENTERLINE

IRREVOCABLE OFFER OF DEDICATION
NO.

Cl
RIO DIEl ORO
PHASIE 1
LARGIE LOl MAP
lOl 6 1[[))
428 MAPS 5

CURVE TABLE - THIS SHEET ONLY

RADIUS I DELTA I LENGTH I REF
2442.00' 0·1tso" 12.67' (I )(2)
1,· . i..i'...:,:
,.,,.
�.;, �
'
294
, , '
' 254
\, ',<'a.
' ' ?>
295 ' \�
�
, , �o'\E.1� C '-1" � s \2
'
NO
LI
L2
L3
L4

FINAL MAP

RIO DEL ORO
LOT 67C

BEARING
N59'30'03"E
NI T20'56"W(R)
N58'45'1 TW(R)
N37'08'18"W
SUBDMSION NO. FM-2019-004-04

LENGTH REF

38.00' (1)(2)

15. 92' (I )(2)

16.57' (I )(2)

44.30' (I)
L=
LE
PE
PUE
(OA)
(R)
SF
SASD

ARC LENGTH

LANDSCAPE EASEMENT

PEDESTRIAN EASEMENT
C2
C3
C4
2208.00' 0·2r 48" 14.00'
1945 00' 0'04'18" 2.44'
369.00' 5·10•09" 33.29'
(1)(2)
(I )(2)
(I )(2)
'\� "'
'o() \2
o,'o· ·0'
// 5? ,
()"'
.•'-'.'
/ -�� ,'b ··'l-' ·'-'.'' /
/ 0
�v ¥' •':'> Qi fc)Qi /
c\0 ,.,
.;_·S(!;,
,().J/
·'J" 1/
_,'o'o 1/ - ,- / ,/
BEING ALL OF LOTS 67C AND E OF FINAL MAP OF RIO DEL ORO PHASE I LARGE LOT MAP, FILED FOR RECORD IN BOOK 428 OF MAPS, AT PAGE 5

SACRAMENTO COUNTY RECORDS
.,-, , '
'X' ' ,- "
PUBLIC UTILITY EASEMENT cs
OVERALL C6
RADIAL BEARING Cl
SQUARE FEET cs
SACRAMETO AREA SEWER DISTRICT C9

SHEET NUMBER REFERENCE CIO
41 00' 41'25'21" 29 64'

25.00' 90·04'24" 39 30'
2461 .00' 3'16'57" 140 99'
2187.oo· 3'20'55" 127 82'
I 924.00' 3·25'14" 114.86'
350.00' 11'30'52" 70.34'
(I )(2)
( I )
(2)
(2)
(2)
(2)
/ o� o'.',
v" ,Cl /
/ \..: ,,_f'/
/ V
/
. / <J<&"' 0<&, / /
�o v't,�4,, '\)) q;i � /// REFERENCES:
«', '\, 'vO-�� // �=::���=======
q;iv � .,_,. /
( 1) 428 MAPS 5 FINAL MAP OF RIO DEL ORO

PHASE I LARGE LOT MAP

FINAL MAP OF RIO DEL ORO
LOT 67B <:?�'If' I),� // / (2) 428 MAPS 9

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA �
WOOO -ROOGE:R::S:

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
:330 l C ST, BLDG. 1 00-B
SACRAMENT□, CA 9581 6
TEL 916.341 .7760
FAX 916.341.7767
�'ter- 2024
Sheet 2 of 4
1032.065
ITEM 9.3.

ATTACHMENT 3

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C2 2208.00' 0'21' 48" 14.00'

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA � • Ce..c.em'ceJ'_ 2024
LL.1000 -Fi!OOuE:R:S

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
SEE SHEET 2 FOR BASIS OF BEARINGS,
LEGEND, NOTES AND REFERENCES.
1"=1' 1 "=1' C3 1945.00' 0·04'18" 2.44' 3301 CST, BLDG. 100-B TEL916.341.7760 SACRAMENT□, CA95816 FAX916.347.7767
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CURVE TABLE - THIS SHEET ONLY

RADIUS DELTA LENGTH LINE TABLE - THIS SHEET ONLY
500 00' 3"30'50" 30.66' NO. BEARING LENGTH
350.00' 2"04' 44" 12,70' L1 N57'35'50"W(R) 52.98'
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PHASE 1
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FINAL MAP

RIO DEL ORO
LOT 67C
SUBDIVISION NO. FM-2019-004-04
BEING ALL OF LOTS 67C AND E OF FINAL MAP OF RIO DEL ORO PHASE 1 LARGE LOT MAP, FILED FOR RECORD IN BOOK 428 OF MAPS, AT PAGE 5

SACRAMENTO COUNTY RECORDS

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA � D::.cember 2024
WOOD ROOuE:R:S

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
SEE SHEET 2 FOR BASIS OF BEARINGS,
LEGEND, NOTES AND REFERENCES.

SCALE: 1 "= 40' 3301 CST, BLDG. 100-8 TEL916.341.7760
SACRAMENTO, CA 95916 FAX 916.341.7767
Sheet 4 of 4
1032.065
ITEM 9.3.

ATTACHMENT 3

Text
Text
Text
Text
RA

NCHO CO
RDO
VAPKW

YIRAZU WAY

SARAPIQUI WAY

TARCOLES WAY

TORTUGUERO WAY

SUMPUL WAY
ATIR
RO
WAY

DANTO WAYPO
COSOL
W
AY

ARENAL DR

LAGARTO WAY

NOSARA WAY

SIRAMA WAY

LA FORTUNA DR
OTO
ROWAY

VICINITY MAP OF

RIO DEL
ORO LOT 67C
SUBDIVISION NO. FM-2019-004-04
¯
0 125 250
Feet
Aerial Photo Date: March 2022
ATTACHMENT 4

WHITE ROCK RD

SUNRISE BLVDKILGORE R
D

LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\RIO_DEL_ORO_67C\RIO_DEL_ORO_67C.aprx | Date: 10/8/2024 DETAIL
AREA
ITEM 9.3.

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: December 2, 2024

TO: Honorable Mayor and Council Members

FROM:

Albert Stricker, Public Works Director
Edgar Medina, Principal Engineer
Austin Miller, Assistant Civil Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-256 IN AN AMOUNT NOT TO EXCEED
$2,046,930.86 WITH DUTCH CONTRACTING INC. TO CONSTRUCT

THE ARPA STREETLIGHTS AND TRAFFIC CALMING PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2024-256 in an amount not to exceed $2,046,930.86 with Dutch Contracting Inc. to construct the ARPA Streetlights and Traffic Calming Project.

BACKGROUND

In 2021, the City set aside $2.5 million of American Rescue Plan Act (ARPA) funds for investment in neighborhoods disproportionately impacted by the COVID-19 pandemic (defined to be neighborhoods in the Qualified Census Tract) to promote improved health outcomes based on a community input process. In May 2023, the City initiated a survey for residents residing in the City's Qualified Census Tract requesting their input on identifying needs in the neighborhood and soliciting potential project ideas. Staff then presented the project ideas received in the survey for council feedback in September 2023 and followed up with a community meeting in November 2023, during which residents were given an opportunity to ask questions about project concepts and provide input. The outcome of this community input process were three proposed projects, two of which are covered under this proposed project.

The ARPA Streetlights and Traffic Calming Project (Project) is located in the Cordova Meadows, Cordova Gardens and Mills Park Terrace neighborhoods, Attachment 3. The Project will include the installation of 44 solar-powered streetlights along W La Loma Drive, La Loma Drive and Dawes Street. These streetlights will be installed at intersections, mid-block crossings or speed hump locations. The Project will also include traffic-calming improvements including monolithic bulb-outs, speed lumps, bike lanes, striping, and Rectangular Rapid Flashing Beacons with the installation of a new mid-block crossing. These traffic-calming measures will be installed along W La Loma Drive, Dawes Street, and Mills Tower Drive.

City Council Staff Report - Page 2 of 2

Bids for the Project were solicited on the City’s Website and on OpenGov.com, on October 15, 2024. Bids for the project were publicly opened on November 7, 2024. A total of 6 bids were received. The lowest responsible and responsive bid was $2,046,930.86 from Dutch Contracting Inc. There were no Project bid alternatives. The contract award is based on the lowest, responsive and responsible bid. The Bid Summary is provided as Attachment 4.

The Project is expected to be under construction starting in Spring 2025 and completed in Summer 2025.

FISCAL IMPACT AND FUNDING SOURCE

This project is included in the Capital Improvement Plan budget for Fiscal Years 2023/2024 and 2024/2025. The Project budget consists of $2,500,000 in funding from the American Rescue Plan Act. There is no impact to the City’s General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2024-256

3. Project Area Map

4. Bid Summary

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-256 WITH DUTCH CONTRACTING INC. IN AN AMOUNT NOT TO EXCEED $2,046,930.86 TO CONSTRUCT THE ARPA STREETLIGHTS AND TRAFFIC CALMING

PROJECT

WHEREAS, the City of Rancho Cordova received American Rescue Plan Act of 2021 (ARPA) funds to provide emergency funding for state, local, territorial, and tribal governments; and
WHEREAS, the City allocated ARPA funding to design and construct the ARPA Streetlights and Traffic Calming Project; and

WHEREAS, the project will include solar-powered streetlights along West La Loma Drive, La Loma Drive and Dawes Street, and traffic calming including bulb-outs, speed lumps and striping along W La Loma Drive, Dawes Street and Mills Tower Drive; and

WHEREAS, the City solicited bids for the Project under the requirements of state and local laws and publicly opened bids on November 7, 2024; and

WHEREAS, the lowest responsive and responsible bidder was Dutch Contracting Inc.; and

WHEREAS, adoption of this Resolution will award the construction Contract No. 2024- 256 to Dutch Contracting Inc. in an amount not to exceed $2,046,930.86 for the ARPA Streetlights and Traffic Calming Project; and

WHEREAS, the Project was reviewed under the requirements of the California Environmental Quality Act (CEQA), and has been determined to be exempt from further review pursuant to CEQA Regulation 15301 subsection (c) for existing facilities.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute construction Contract No. 2024-256 in an amount not to exceed $2,046,930.86 with Dutch Contracting Inc., in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

CONTRACT NO. 2024-256
Revised 10-31-2023
Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 1 of 21

CONSTRUCTION SERVICES AGREEMENT BETWEEN
T
HE CITY OF RANCHO CORDOVA AND DUTCH CONTRACTING INC.

FOR THE ARPA STREETLIGHTS AND TRAFFIC CALMING PROJECT
CITY PROJECT NO. CP24-2274
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Dutch Contracting Inc. (“Contractor”) as of December 2, 2024.

W I T N E S S E T H:

WHEREAS, the City Council for the City heretofore caused plans and specifications for the ARPA Streetlights and Traffic Calming Project (“Project”) to be prepared, and therefore did approve and adopt said plans and specifications; and
WHEREAS, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and WHEREAS, the notice was published on October 15, 2024 on OpenGov.com and the City of Rancho Cordova Website (“Notice”); and
WHEREAS, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the Project specified in said plans and specifications, which said bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.

NOW THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:

Section 1. CONTRACT DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the Plans and Specifications.

Section 2. Term. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2026.

S
ection 3. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2024-256, as provided for and set forth in said Plans and Specifications, or in either of them, which said ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256
Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 2 of 21 Plans and Specifications are hereby referred and by such reference incorporated herein and m
ade a part of this Agreement. All of the said work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies furnished by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.

Section 4. COMPLETION . Said work shall be completed and ready for acceptance.

S
ection 5. PAYMENT . Attached hereto as Exhibit “A” and by reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. The City agrees in consideration of the work to be performed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: $2,046,930.86 (Two Million Forty-Six Thousand Nine Hundred Thirty Dollars and Eighty-Six Cents). Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.

Section 6. PREVAILING WAGES. To the extent required by law, Contractor and all of the Contractor’s subcontractors shall comply with California Health and Safety Code Section 33422.1, and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “Prevailing Wage Laws”), and be responsible for carrying out the requirements of such provisions. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations. The Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, and costs and damages of every kind, nature and description (including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the City), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256
Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 3 of 21 Agreement, including but not limited to California Labor Code Section 1770 et seq. and the P
revailing Wage Laws, or any act or omission of the City or the Contractor related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.

Section 7. INSURANCE . The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.

Section 8. WORKERS’ COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 9. PERFORMANCE AND PAYMENT BONDS . The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq., and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.

Section 10. INDEMNIFICATION.
1 0.1 Contractor’s Performance. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless City, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256
Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 4 of 21 of Contractor to indemnify and hold harmless includes the duty to defend as set f
orth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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

10.3 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.

Section 11. Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

Section 12. AMENDMENTS. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.

Section 13. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.

Section 14. MISCELLANEOUS PROVISIONS .
1 4.1 Successors. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.

ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 5 of 21

14.2 Contract Administration. This Agreement shall be administered by Austin Miller ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

14.3 Notices. Any written notice to Consultant shall be sent to:

Nick Zwetsloot
Dutch Contracting Inc.
6930 23
rd Street
Rio Linda, CA. 95673
[email protected]

Any written notice to City shall be sent to:

Austin Miller
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670

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

14.5 Governing Law and Venue. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.

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

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

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

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

14.10 Entire Agreement. This Agreement, including the terms of payment attached hereto and incorporated herein as Exhibit A, and the Contract Documents as ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 6 of 21 referenced above in Section 1, of this Agreement, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.

Section 15. REQUIRED CONTRACT PROVISIONS – FHWA 1273 – REVISED October 23, 2023, FEDERAL-AID CONSTRUCTION CONTRACTS

I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal
Water Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in
each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal).

The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid
design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR
633.102. The design-builder shall be responsible for
compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or
services related to a construction contract). 23 CFR
633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work

performed on the contract by the contractor's own
organization and with the assistance of workers under the contractor's immediate superintendence and to all work
performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension /
debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this
contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not
include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR
Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and
the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 7 of 21 and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to
conform to the U.S. Department of Labor (US DOL) and
FHWA requirements.

1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627,
41 CFR Part 60 and 49 CFR Part 27) and orders of the
Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall
constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific
requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and
who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to
employees, applicants for employment and potential
employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment
through public and private employee referral sources likely to yield qualified minorities and women. To meet this
requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment
consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the
contractor's compliance with EEO contract provisions.

Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring,
upgrading, promotion, transfer, demotion, layoff, and
termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee
ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 8 of 21 facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the
complainant, such corrective action shall include such other persons. Upon completion of each investigation, the
contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such
efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for
membership in the unions and increasing the skills of
minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall
immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be
familiar with the requirements for and comply with the
Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of
Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.

The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE)
program are incorporated by reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as the ITEM 9.4.

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Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 9 of 21 recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The
staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation
extends further to ensure that its employees are not
assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas,
restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project.

Examples include: Surface Transportation Block Grant
Program projects funded under 23 U.S.C. 133 [excluding
recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and
National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)

a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) ITEM 9.4.

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Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 10 of 21 and the Davis-Bacon poster (WH–1321) must be posted at
all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section,
provided that:

(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;

(ii) The classification is used in the area by the
construction industry; and

(iii) The wage rate for the classification bears a
reasonable relationship to the prevailing wage rates
contained in the wage determination.

(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is
appropriate only when the following criteria have been met:

(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and

(ii) The classification is used in the area by the
construction industry; and

(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.

(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or
an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer will, by email to
[email protected], refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.

The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The
contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be
required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)

a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract that is subject to Davis-Bacon labor
standards requirements and is held by the same prime
contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds
may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to ITEM 9.4.

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Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 11 of 21 pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own
initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with
paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)

a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

(2) Information required. Such records must contain the name; Social Security number; last known address,
telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each
covered contract; deductions made; and actual wages paid.

(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits.

(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of
apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the
contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors.

A contracting agency or prime contractor may permit or
require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.

(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and
Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/legacy/fi
les/wh34
7/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known
addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.

(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or
supervises the payment of the persons working on the
contract, and must certify the following:

(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;

(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.

ITEM 9.4.

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Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 12 of 21 (4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit
such representatives to interview workers during working hours on the job.

(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available, or to permit worker interviews during working hours on the job, may be grounds for debarment action
pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD
requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of
records. WHD will determine the reasonableness of the
request and may consider, among other things, the location of the records and the volume of production.

(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email
address of each covered worker, and must provide them
upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29
CFR 5.5)

a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the
program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually
performed.

(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's
registered program must be observed.

b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity ITEM 9.4.

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Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 13 of 21 with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.

c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular
program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must
insert FHWA-1273 in any subcontracts, along with the
applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage
determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s)
responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in
29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7.

Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).

c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate
against, or to cause any person to discharge, demote,
intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;

b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;

c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA,
Related Acts, this part, or 29 CFR part 1 or 3; or

d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT

Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.

2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the
underpayment. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the
clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours
ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 14 of 21 without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.

* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as
may be adjusted annually by the Department of Labor,
pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated
damages

a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.

b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must
insert in any subcontracts the clauses set forth in paragraphs

1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated
damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;

b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own
organization (23 CFR 635.116).

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding
interpretation)

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 15 of 21 the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and
manufactured products which are to be purchased or
produced by the contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall
furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and
engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of
paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self- performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized
representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on
Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as
carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law.

To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in
connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement,
certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT (42
U.S.C. 7606; 2 CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 16 of 21 the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and
further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements,
consultant contracts or any other covered transaction
requiring FHWA approval or that is estimated to cost
$25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.

However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR
180.320.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or
general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and
suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000
threshold. 2 CFR
180.220 and 180.300.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. 2 CFR 180.300; 180.320, and 180.325. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.

* * * * *

2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.

ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 17 of 21 (2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and

(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).

(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6
implementing appropriations act requirements).

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

* * * * *

3. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.

a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this
proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and
suppliers).

e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and
1200.220.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.

* * * * *

ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 18 of 21

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:

(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;

(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

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

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

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR- 620), Maritime Administration, Washington, DC 20590.
(MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges.

These bills of lading may contain business sensitive
information and therefore may be submitted directly to
MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 19 of 21

ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the
contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful
collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of
employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to
perform the contract work, (b) the number of employees
required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 20 of 21 IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.

CITY OF RANCHO CORDOVA: CONTRACTOR:

Micah Runner, City Manager Nick Zwetsloot, Project Manager

______
Date Date

Attest:

Stacy Leitner, CMC, City Clerk

Date

Approved as to Form:

Adam U. Lindgren, City Attorney

Date

Last revised October 31, 2023

ITEM 9.4.

ATTACHMENT 2

CONTRACT NO. 2024-256

Construction Services Agreement between December 2, 2024 City of Rancho Cordova and Dutch Contracting Inc. Page 21 of 21

Exhibit A

See Attached Bid Proposal
ITEM 9.4.

ATTACHMENT 2

City of Rancho Cordova
Public Works
Albert Stricker, Director of Public Works
2729 Prospect Park Drive, Rancho Cordova, CA 95670

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project
RESPONSE DEADLINE: November 7, 2024 at 1:00 pm
Report Generated: Wednesday, November 20, 2024

Dutch Contracting Inc. Response

CONTACT INFORMATION
Company:

Dutch Contracting Inc.

Email:
[email protected]
Contact:

Saif Jarian
Address:
2201 Francisco Dr Suite 140-136
El Dorado Hills, CA 95762
Phone:
(916) 417-6291
Website:

N/A
Submission Date:

Nov 7, 2024 12:50 PM (Pacific Time)
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

ADDENDA CONFIRMATION
Addendum #1
Confirmed Oct 31, 2024 9:23 AM by Saif Jarian
Addendum #2
Confirmed Nov 6, 2024 11:31 AM by Saif Jarian
Addendum #3
Confirmed Nov 6, 2024 11:31 AM by Saif Jarian

QUESTIONNAIRE

1. Project Contact*
Pass
Please provide the following regarding the point of contact for your submittal:
• Full Name (First and Last)
• Title
• Phone Number
• Email
Tracey Bussick
Office Manager
916-436-5422
[email protected]

ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

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

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

No bid submitted to the City shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Please enter the California Contractor's License Number for your company. 1002925-A
Click to Verify Value will be copied to clipboard

3. DIR Registration*
Pass
Enter your California Department of Industrial Relations (DIR) Contractor Registration Number.

ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

Please Note:

If the City is unable to confirm that the bidder/contractor’s DIR registration is current, the City must disqualify the bidder, as required by Labor Code section 1725.5.”
1000030292
Click to Verify Value will be copied to clipboard

4. Equal Employment Opportunity Certification*
Pass
This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Bidder shall confirm whether or not Bidder, and any proposed subcontractors, have participated in previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, have filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Bidder and/or a Proposed Subcontractors Have Participated

5. Public Contract Code Section 10285.1 Statement*
Pass
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder shall declare under penalty of perjury under the laws of the State of California that the bidder "HAS" or "HAS NOT" been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must select "has" or "has not". The above Statement is part of the Proposal. Submitting this Proposal shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

HAS NOT

6. Public Contract Code Section 10162*
Pass
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
No

7. Public Contract Code 10232 Statement*
Pass
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Submitting this Proposal thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Confirmed

8. Subcontractors?*
Pass
Will you be using subcontractors for this project?
In compliance with the provisions of Section 4100-4114 of the Public Contracts Code of the State of California, and any amendments thereof, each Bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications in excess of one-half of one percent (0.5%) of the prime Contractor’s total bid or ten thousand dollars ($10,000.00) whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor.

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

Yes
SUBCONTRACTORS*
Pass
You have indicated that you will be using subcontractors for this project. Please download the attached form, complete it, and upload it back here as part of your submittal.

ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

• Subcontracting_Form.pdf
Subcontractors-List.pdf

9. Years of Experience Under Current Business Name*
Pass
Please state the number of years for which the Bidder has been engaged in the contracting of business under its current name. 10 10. Years of Similar Experience*
Pass
Please state the number of years of experience the Bidder has in work of a nature similar to that noted in this Bid. 20 11. Failure to Complete Work Satisfactorily*
Pass
Has the Bidder, as a Contractor, ever failed to satisfactorily complete a Contract awarded to it? No

12. Completed Contracts*
Pass
Provide information for at least three (3) contracts that have been satisfactorily completed by the Bidder in the last three (3) years.

For each contract, provide the following:
• Year
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

• Type of Work
• Contract Amount
• Owner/Agency for Whom Work Was Performed
• 2024
• Demo, concrete, excavation, underground utilities, Asphalt. • Contract Value $ 790,900.00
• Babcock Elementary School, Owner: Twin Rivers School District • 2024
• Demo, concrete, excavation, underground utilities, Asphalt. • Contract Value $ 1,011,00.00
• Alta East LLC
• 2024
• Demo, concrete, excavation, underground utilities, asphalt, solar, electrical. • Contract Value $ 4,305,572.41
• City of Roseville

13. Equipment List*
Pass
Provide a list of plant and equipment owned by the Bidder, which is definitely available for use on the proposed work as required.

For each item, please provide:
• Quantity
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

• Name, Type and Capacity
• Condition
• Location
• A document with the equipment list can also be attached under the "Additional Information" question towards the end of this submittal. Please add “See Attachment in Additional Information” to the Response below.

Please see attached list at Additional Information

14. Bid Bond*
Pass
Please download the below documents, complete, and upload. • Bid_Bond.pdf
Bid_Bond.pdf

15. IRAN Contracting Affidavit*
Pass
Please download the below documents, complete, and upload. • Iran_Contracting_Act_of_201...

Iran_Contracting_ACT_of_2010_Complance_Affidavit.pdf

16. Non-Collusion Affidavit*
Pass

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

To the CITY of RANCHO CORDOVA

DEPARTMENT OF PUBLIC WORKS
The bidder confirms that they are the party making the foregoing bid and declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

17. Debarment and Suspension*
Pass
The bidder, under penalty of perjury, certifies that he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this, provide an answer of "NO" here and provide clarification in the following question.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility.

NOTE: Providing false information may result in criminal prosecution or administrative sanctions. Your answer here is considered part of your proposal and submittal of proposal shall constitute certification of any statements made here.

Yes
DEBARMENT AND SUSPENSION EXCEPTIONS*
Pass
You have indicated that there is an exception to the previous statement regarding Debarment and Suspension. Please provide your justification here. For any exception noted, indicate to whom it applies, initiating agency, and dates of action.

Debarment_and_Suspention_Exceptions.docx

18. Nonlobbying Certification*
Pass
The prospective participant certifies, by submitting this bid or proposal, to the best of his or her knowledge and belief, that:

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

ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Confirmed

19. Disclosure of Lobbying Activities*
Pass
Please download the below documents, complete, and upload. • Disclosure_of_Lobbying_Acti...

Disclosure_of_Lobbying_Actitivites.pdf

20. Federal Minimum Wage Rates*
Pass
The contractor must use the higher wage rate between the Federal Wage Rates and the California Wage Rates.

Pursuant to California Labor Code Section 1720 and following, and Section 1770 and following, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.

ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

Copies of the prevailing wage determinations are on file in the office of the City Clerk.

See the Caltrans Homepage on the internet for the current rates at http://www.dot.ca.gov/hq/LocalPrograms/fedwages.htm or contact your District Local Assistance Engineer for a hard copy.

Confirmed

21. CARB Certificate of Reported Compliance*
Does the Contractor and all sub-contractors have a valid Certificate of Reported Compliance for vehicle and equipment subject to California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulations in accordance with CARB § 2449 General Requirements for In-Use Off-Road Diesel-Fueled Fleets?
Yes
CERTIFICATE UPLOAD*
Upload CARB Certificate of Reported Compliance
CRC_thru_2.28.25.pdf

22. Additional Information
Pass
For any additional information requested or required by any of your previously provided answers please upload that additional documentation here.

Equipment_list_for_estimating.xlsx

23. Submittal Confirmation*
Pass
The party submitting on behalf of the Company noted on the submittal is authorized to submit on behalf of said Company and has provided any authorization showing such if required by this Bid.

ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

In accordance with the Business and Professions Code, the party submitting does hereby, under Penalty of Perjury, certify that the following contractor’s license information is true and correct.

Confirmed

PRICE TABLES

SCHEDULE OF QUANTITIES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 LS $133,000.00 $133,000.00
2 Water Pollution Control Plan 1 LS $5,720.00 $5,720.00 3 Traffic Control Plan 1 LS $114,500.00 $114,500.00
4 Roadway Excavation 510 CY $143.00 $72,930.00
5 Concrete Removal 5,715 SF $7.70 $44,005.50
6 Aggregate Base, Class 2 480 CY $205.00 $98,400.00
7 Hot Mix Asphalt (Type A) 143 TON $253.00 $36,179.00
8 Slurry Seal 13,760 SF $0.91 $12,521.60
9 PCC, Sidewalk 5,215 SF $12.50 $65,187.50
10 PCC, Type 1A Curb 1,008 LF $12.50 $12,600.00
11 PCC, Type 3 Mod Curb 336 LF $51.00 $17,136.00
ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

Line Item Description Quantity Unit of
Measure
Unit Cost Total
12 PCC Type 4A Curb 55 LF $46.00 $2,530.00
13 PCC, Stamped and Colored 2,565 SF $22.00 $56,430.00
14 Detectable Warning Surface 21 EA $1,258.00 $26,418.00 15 Speed Lump 4 EA $1,430.00 $5,720.00
16 Remove Thermoplastic Traffic Stripe 4,180 LF $2.52 $10,533.60 17 Remove Pavement Marking 1,098 SF $4.00 $4,392.00
18 Thermoplastic Pavement Marking 4,335 SF $12.00 $52,020.00 19 Thermoplastic Traffic Stripe 15,505 LF $3.66 $56,748.30 20 Methyl Methacrylate Pavement Marking 8,585 SF $13.73 $117,872.05 21 Pavement Marker 165 EA $9.15 $1,509.75
22 Object Marker 1 EA $343.23 $343.23
23 Yellow Paint 6 LF $22.88 $137.28
24 Remove Roadside Sign 17 EA $228.82 $3,889.94
25 Roadside Sign (Strap and Saddle Bracket Method) (SSBM) 46 EA $286.00 $13,156.00 26 Roadside Sign - One Post 21 EA $629.25 $13,214.25
27 Rectangular Rapid Flashing Beacon 2 EA $15,000.00 $30,000.00 ITEM 9.4.

ATTACHMENT 2

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
IFB No. CP 24-2274 CS 80107
ARPA Streetlights and Traffic Calming Project

[DUTCH CONTRACTING INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - ARPA Streetlights and Traffic Calming Project

Line Item Description Quantity Unit of
Measure
Unit Cost Total
28 Adjust Valve to Grade 4 EA $2,106.00 $8,424.00
29 Type B Drop Inlet 13 EA $8,125.00 $105,625.00
30 48" Manhole 4 EA $786.43 $3,145.72
31 60" Manhole 1 EA $8,805.55 $8,805.55
32 12" Reinforced Concrete Pipe 551 LF $204.17 $112,497.67 33 Remove Drop Inlet 4 EA $2,255.73 $9,022.92
34 Solar Powered Streetlight 44 EA $16,189.00 $712,316.00 TOTAL $1,966,930.86

WATER LINE CONFLICT (ALLOWANCE)
This table includes the City established allowance for the water line conflict.

Line Item Description Quantity Unit of
Measure
Unit Cost Total
35 Water Line Conflict (Allowance) 1 Allowance $80,000.00 $80,000.00 TOTAL $80,000.00

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

We confirm that our company fully complies with all debarment and suspension requirements as stated.

There are no exceptions; no suspensions, debarments, indictments, or other issues apply to our company or its key personnel.

All conditions are met without exceptions.

ITEM 9.4.

ATTACHMENT 2

ITEM 9.4.

ATTACHMENT 2

January 1, 2024
DUTCH CONTRACTING INC
2/28/2025
123907
http://www.arb.ca.gov/doors/compliance_cert1.html
10/23/24, 3:27 PM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 1/2 ITEM 9.4.

ATTACHMENT 2

10/23/24, 3:27 PM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 2/2 ITEM 9.4.

ATTACHMENT 2

California Air Resources Board: Off-Road Diesel-Fueled Fleets Reg ... https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php California Environmental Protection Agency
Air Resources Board
January 1, 2024

C ERTIFICATE OF R EPORTE D C OMP LIANCE

O FF -R OAD D IESEL V EHICL E R EGULA TION
is issued to
SIERRA TRAFFIC MARKINGS, INC.

This certificate indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are ,n compliance with We 13 CCR, section 2449. All applicable vehicles owned by the individual. oompany, or agency must be reported and labeled, as specified in Section 2449, with all posstble completeness, else this certificate is null and void. Certificate expires 2/ 28/2025 /L---
Off-road Dlttel Fleet ldentlflc,tlon
24053 4
IJt \ K1lOW\tl
Chit-I, Mobi~ Sourct' { onl, ol D~ ion
( .tiliforni i Air Re~ l,lfC.H RO.lt d
I of I 3/8/2024, 4: 11 PM
ITEM 9.4.

ATTACHMENT 2

Firefox https:/ /ss l.arb.ca.gov/truc rs _ reporting/cert 14.php

CA LIFO RN IA

AIR RESOURCE S BOARD
Division Chief, Mobile seuree Control
DivisionCalifornia Air Resources Board
Certificate of. Reported· Compliance
Truck and Bus ·Regulation
Issued to:

Sierra Traffic Markings, Inc.

CA-0400277 USDOT-2267893
46 Vehicles Reported _
This certificate confirms that the fleet owner has attested under penalty of perjury that the statements and information they provided to the california Air Resources Board (CARB) are true, accurate, and complete regarding all relevant vehides in the fleet required to show compliance. CARB hereby finds that the fleet listed above has reported compliance with title 13, California Code of Regulations, section 2025 {Truck and Bus Requtatlon). If CARS subsequently finds that t he statements and information that have been provided are not true, accurate, and complete, this certificate shall be effectively revoked and the fleet subject to noncomphance penalties.

This certificate is valid until: December 31, 2024
~
Printed on 2023-12-27 TRUCRS Fleet Identification
~ ~ - 41636
Ulck Kitowsk1
To verify the authenticity of this certificate, visit
WWW a(b C3 ooy/rn:;oroo/onrd1e<1>l/tblookuo POP
._.,.... a ·r•••: ft- , • ; , 7,· ~ 1. , • . ·" I . u 1 jt •ft t. 1 • 1, 1' . s S t ---- -=-.;.._;..;._...., ':::::::::::::::::::::::::: ::.-- ....;:i-- - - - - - - - - - - I of2 12/27/2023, 3:44 PM
ITEM 9.4.

ATTACHMENT 2

. ,.

California Environm ental Protection Agencv
Air Resources Board
January 1,2024

C ERTIFI CAT E OF R EPORT ED C O M PL IA N CE

OFF-RO AD DIESEL VEHICLE R EGULA TION
is issued to

BEAR ELECTRICAL SOLUTIONS
- trs certir.cate m:cat es !ha1 ltl(:"fleet li:::ted sbove'has reported ~ --road oesei vehicles to the ca11romia A.I Resources Board and nas oemried they are 1n COff'.pl;ance wrth tatie 13 CCR secson 2449. All applicable vehk:les owned t,y the indMdua1,•compal'f)', or agency must be reported and 1labe!ect, as specned n set ,o" 2449 ··.•-~t~ ail poss,0/e complete,ess else lhis cert[tcate is run and voie Certificate expires 2/28/2025 Off .road Diesel Fleet Identification
198822
awt . "!'o wt!f'ly ~ ~ c.a, o' lh s c.ert~ ai• . .rt 11r lhs l'ILlrt>ef­ http://www.arb.ca.gov/doors/compliance _ cert1 .html
ITEM 9.4.

ATTACHMENT 2

California Environmental Protection Agency
Air Resources Board
January 1, 2024

C ERTIFICATE OF R EPORTED C OMPLIAN CE

O FF-R OAD D IESEL V EHI CLE R EGULA TION
is issued to
AMERICAN PAVEMENT SYSTEMS INC.

This certificate indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are in compliance with title 13 CCR, section 2449. All applicable vehicles owned by the individual, company, or agency must be reported and labeled, as specified in Section 2449, with all possible completeness, else this certificate is null and void. Certificate expires 2/ 28/ 2025 . j 1----- Off-road Diesel Fleet Identification
85565
Jack Kitowski
Chief, _Mobile ~ urce Control Division To verify the authenticity of this certificate, enter this number at cahfomla Air Resources Board htt //www rb /d rs/ 1· rt1 html p: .a .ca.gov oo comp ,ance_ce .

California Environmental Protection Agency
Air Resources Board
January 1, 2024

C ERTIFICATE OF R EPORTED C OMPLIAN CE

O FF-R OAD D IESEL V EHI CLE R EGULA TION
is issued to
AMERICAN PAVEMENT SYSTEMS INC.

This certificate indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are in compliance with title 13 CCR, section 2449. All applicable vehicles owned by the individual, company, or agency must be reported and labeled, as specified in Section 2449, with all possible completeness, else this certificate is null and void. Certificate expires 2/ 28/ 2025 ,.· Ji----
Off-road Diesel Fleet Identification
85565
Chief, Mobile Source Control Division
califomla Air Resources Board To verify the authenticity of this certificate. enter this number at http://www.arb.ca.gov/doors/compliance _ cert1 .html
ITEM 9.4.

ATTACHMENT 2

California Air ~esources Board: Off-Road Diesel-Fueled Fleets Regulation h ttps://ssl.arb.ca.gov/ssldoors/doors_reporting/penn/php/certificate.php California Enviromnerual Protection Agency
Air Resources Board
January 1, 2024

C ER TI FICA TE OF R EPORTED C OMP LIANC E

O FF-R OA D D IES EL V EH IC LE R EGULA TION
is issued to

NOR CAL CONCRETE
This ceruncate indicates that the fleet listed above has reported ott-road diesel vehicles to the Ca11r01nia Air Resources Board and has certified they are ,n compliance wrth We 13 CCR section 2449 All apphcabte vehicles owned by Ille 1nd1vldual, company, or agency must be reported and labeled as specified ,n Sechon 2449 w,th all possitse completeness else this ce111t1cate 1s null and 1101d Certificate expires 2/28/2025 Off-road Diesel Fleet Identification
/ J.M>." h l'M ~
(ft t f ~ ot,lc-\ouf tf ( I.Hll!OIO!vl \ •ol'I
( ,11 l<1rn ,1 A.t flC'\0< 11( 1"4, ~ d
182290
I of I 3/11/2024. I: 12 PM
ITEM 9.4.

ATTACHMENT 2

TA-01 2017 F350 SUPER DUTY 1FT8W3DT3HEC00571 2.28.2024 7.26.24 55006G2 Yard TA-02 2018 F150 ECOBOOST 1FTMF1CP0JKC72097 7.26.24 68824M2 B. Gilfillan TA-03 2017 F250 SUPER DUTY 1FT7W2A63HEB53417 11.30.2024 7.26.24 01970E2 Mario TA-04 2003 F250 SUPER DUTY (Red Truck) 1FTNX21L13EC51560 7.26.24 7C90736 Yard TA-07 2016 FREIGHTLINER WATER TRUCK 1FVACXDU0GHGZ0160 12.31.23 7.26.24 23297Y1 Field TA-10 2021 Ford F650 5 yard 1FDNF6DE4MDF08513 6.30.23 7.26.24 57333G3 Field TA-11 2021 F150 Space Grey 1FTEW1CP5MKE93428 4.6.23 7.26.24 99841H3 T. Bussick TA-12 2017 F350 Super Duty C 1FT7W3AT6HED28240 10.31.24 7.26.24 04162X2 Junior TA-13 2023 Ford F150 1FTFWIE86PFCI17640 3.31.25 7.26.24 V491627 N. Zwetsloot TA-14 2023 Ford F350 DRW 1FD8W3GT3PED69267 11,338 68752Z3 M. Solorio Sr.

TA-15 2017 Ford F150 XL Cab 1FTEX1C8XHKC14311 27703Z3 T. Newton TA-16 2016 Ford F150 XL 1FTMF1C85GKE51267 10.31.24 27704Z3 Juan Carlos TA-17 1999 GMC C35240 HD - Dump Truck - 3 yard JGDKC34JOXF049545 7.31.25 91,647 13427Z3 Field TA-18 1999 Dodge 3500 Cummins 24V Turbo Diesel 1B7MC3366XJ570745 in shops for repairs 83095M2 Yard EX-01 2012 CAT 321 DLCR MPG002029 BK7P57 7/26/2024 5,691 EX-02 2012 JOHN DEERE 50D 1FF050DXTCG77388 RJ6Y49 4/7/2021 2,979 Yard EX-03 2015 CAT 302.7 L JL00915 MA4N57 7/26/2024
EX-04 2017 Yanmar VIO80 YMRV1080AHJAF483 7/26/2024 2,141 51800 check engine light is on
EX-05 2020 Yanmar VIO55 ID#10298993, 10240573 AL363, 209926-36 7/26/2024 EX-06 Yanmar VIO 100 STL RPO RPO
EXAT-01 RIP SHANK/ 321
EXAT-02 24" BUCKET JD50 129663
EXAT-03 18" BUCKET JD 50
EXAT-04 24" BUCKET302
EXAT-05 12" BUCKET 302
EXAT-06 36" 310
EXAT-07 24" 310
EXAT-08 18" 310
EXAT-09 COMP WHEEL 321 24"
EXAT-10 COMP WHEEL 310 18"
Trucks/Autos
Tag Equipment Vin/ Serial Number Registration
Expiration Insurance Expiration Mileage License Location/ Assigned To
Excavators
Tag Equipment Vin/ Serial Number C.A.R.B. Insurance Expiration HOURS Engine # Location/ Assigned To
Excavator Attachments
ITEM 9.4.

ATTACHMENT 2

EXAT-11 24" BUCKET 321 PMI92
EXAT-12 36" BUCKET 321 PMI12
EXAT-13 CAT 321 BUCKET 48" JSC 1381/CRS16-210
EXAT-14 ENOVEN DUMPBED C820SFDA-10FF/SN:CH108415-8 unknown EXAT-15 Skid STEER BUCKET 72" HOSE 3/8
EXAT-16 BOBCAT SWEEPER BUCKET 72"/B5AC00542
LD-01 2014 JOHN DEERE 210K 1T8210KXVEE891773 AS7X87 7/26/2024 1,650 9/27/2024 LD-04 CAT 249 D 0GWR01598 YL4A39 7/26/2024
LD-05 2012 CATERPILLAR 420E BH DJL00995 7/26/2024 unknown LD-06 CAT 2020 259D 167
LD-07 John Deere 210L 1T8210ELEKG896289
LDAT-01 PALADIN BREAKER/ SKID STEER SFB500 18F0998 CRS19-726 LDAT-02 CAT 2021 Cold Planer SSL PC306
LDAT-03 AUGER (attachment and 3 bits)
PV-01 Weiler P385 P385B-2795
DZ-01 2018 CAT D5K2KL KW202874 GH8N65 7/26/2024 1302.8
Service Location/
Assigned To
Loader Attachments
Pavers
Loaders
Tag Equipment Vin/ Serial Number C.A.R.B. Insurance Expiration HOURS Service Location/
Assigned To
Dozers
Tag Equipment Vin/ Serial Number Registration
Expiration Insurance Expiration Hours
Tag Equipment Vin/ Serial Number C.A.R.B. Insurance Expiration HOURS Service Location/
Assigned To
ITEM 9.4.

ATTACHMENT 2

RL-01 CAT CB32B 0CB32L32000130 EG8B75 7/26/2024
RL-02 2008 CAT CP 433 Sheepfoot ASN00786 MY7U44 7/26/2024 1800 McGarvey RL-03 2017 Bomag- BW120 SL-5 861880441057.00 VL8543 7/26/2024 RL-04 2013 CAT DD 64" CB54B Paving Roller 0LXD00257 9053 RL-05 HAMM 50" Sheepfoot CAT CB54BELXD00257 unknown
TR-01 2016 DUMP TRAILER 1ZEDT1421G1113403 7/26/2023
4SR1981
has hydraulic
leak, latch is
compromised
TR-03 2017 SPRINGDALE RV TRAILER 4YDT28227HG101153 7/31/2023 7/26/2023 1MR3210 unknown TR-04 2006 FLAT BED TRAILER 52006022821/CAL259532 7/26/2023 RC4640 **needs repair TR-06 2017 MULTIQUIP WATER WAGON 4GNBM122XHB044949 7/26/2023 TR-08 2019 Ditch Witch
1DSB222R2K17000217/DW
PFX25XJK0000602 7/26/2023 4SM7216
TR-09 2021 Diamond C Gooseneck 46UFU252XM1245755 Permanent 7.26.23 4UC6450 TR-10 2008 Ingersoll Rand Light Tower
4FVLUBDA89U404267/4042
67UISD5S
TR-11 Ingersoll Air Compressor (P185JD) 347365UF0231 2004 TR-12 Diamond Bilt Model PM230Tack Pot 1D9PM1139N1004709 8/31/2022 TR-14 2017 Norco Office Trailer 8.5 x 50
TR-15 2017 Homark Office Trailer F548 4809 4.13.23
TR-16 2023 Fat Boy 24FT Split Tilt Trailer 1F9B42F3PL522172 pending as of

6.16.23 4VH6724 6.14.23
TR-17 Grand Junction Trailer IMJ8245
TR-18 Featherlite Flat Bed Trailer (Red Trailer with back drop gate) 4UY3101 TR-19 Trail King Yellow Flatbed Trailer 1KKC03128JR075369 4RV9846 TR-20 Backhoe Trailer 40K
Rollers/Compactors
Tag Equipment Vin/ Serial Number Registration
Expiration Insurance Expiration HOURS
Purchase Date Location/
Assigned To
Service Location/
Assigned To
Trailers
Tag Equipment Vin/ Serial Number Registration
Expiration Insurance Expiration License Plate
ITEM 9.4.

ATTACHMENT 2

Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\MISCELLANEOUS\AUSTIN_MILLER\ARPA Streetlight & Traffic Calming Project.mxd | Date: 9/19/2024 FolsomFair Oaks
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ITEM 9.4.

ATTACHMENT 3

~,-~Cllo C ARPA Streetlights and Traffic Calming Project o,;. ,. c-i> Bid Summary ... ,:) ,_ ~ ;:; > ..

CALI ·OKNIA November 7, 2024, 1 :00 pm, Open Gov
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A Dutch Contracting $1,966,930.86 $80,000.00 $2,046,930.86 X X X X X X X X X X X X X X X X X B Central Valley Engineering & $1,968,370.50 $80,000.00 $2,048,370.50 X X X X X X X X X X X X X X X X X Asphalt, Inc.

C Martin General Construction $2,067,376.20 $80,000.00 $2,147,376.20 X X X X X X X X X X X X X X X X X D Martin Brothers Construction $2,242,650.55 $80,000.00 $2,322,650.55 X X X X X X X X X X X X X X X X X E B&M Builders, Inc. $2,350,031.00 $80,000.00 $2,430,031.00 X X X X X X X X X X X X X X X X X F FBD Vanguard $2,515,527.50 $80,000.00 $2,595,527.50 X X X X X X X X X X X X X X X X X G
H
I
Attendees: Stacy Leitner, City Clerk
I~ "" ""~7' CM<'"'""'
~ )~
gar Medina, Pri ipat Civil Engineer
ll/13l_;zo2~ 7,/ A,/J , , ,7.
1 ~ ~,lltflitner Cibf rAerk Austin Miller Assistant Civil Enc ineer Date ,- /
(J
ITEM 9.4.

ATTACHMENT 4

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: December 2, 2024

TO: Honorable Mayor and Council Members

FROM: Matt Tamayo, Chief of Police

SUBJECT: A RESOLUTION AUTHORIZING THE CONTINUED USE OF MILITARY

EQUIPMENT FOR LAW ENFORCEMENT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the continued use of military equipment for the City of Rancho Cordova’s process as it pertains to AB 481 - Military Equipment for Law Enforcement.

BACKGROUND

On September 30, 2021, Governor Newsom signed into law a series of policing reform legislation, including Assembly Bill No. 481 (AB 481). AB 481 requires a law enforcement agency to obtain approval from the applicable governing body, by adoption of a military equipment use policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The City of Rancho Cordova has established a law enforcement services contract with the Sacramento County Sheriff’s Office and formed the Rancho Cordova Police Department (RCPD) to provide municipal law enforcement services within the corporate limits of the City.

The law enforcement services encompass duties and functions of the type falling under the jurisdiction of, and customarily rendered by, a city police department under applicable State statutes. Such services include: (1) the enforcement of State statutes and City codes and ordinances; (2) patrol and traffic enforcement; (3) investigative services; and (4) such other special services customarily performed by police departments to the extent specifically set forth in this Agreement. This contractual relationship allows cities that do not have their own independent police department to select law enforcement services that best fit the needs of the community.

Consistent with the requirements of AB 481, the Sacramento County Board of Supervisors originally adopted the Sacramento County Sheriff’s Office Military Equipment Inventory and Policy on Tuesday, October 4, 2022. Per the requirements of AB 481, annually, the Sacramento Sheriff's Office must take an annual report and the Military Equipment Inventory and Policy for

City Council Staff Report - Page 2 of 2

adoption by the County Board of Supervisors; that approval occurred on June 4, 2024. The current Sacramento Sheriff’s Order and Inventory List for AB 481 can be found on their website.

Based on our contractual relationship with the County, after approval, the policy and list become a standard operating procedure for the Rancho Cordova Police Department.

The City is committed to ensuring that we have access to the most up-to-date equipment to safeguard the citizens of Rancho Cordova. These items provide public safety officers with the necessary tools to help safely resolve volatile situations in an effort to safeguard lives and ensure safety.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Resolution

2. Sacramento County Staff Report - AB 481 Policy Military Equipment

3. Sacramento County Sheriff - AB 481 Military Equipment Annual Report 2024

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO.

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

OF CALIFORNIA, AMENDING THE MILITARY EQUIPMENT USE POLICY

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481); and
WHEREAS, AB 481 (codified as Government Code § 7070 et seq.,) requires law enforcement agencies to obtain approval of the applicable governing body by the adoption of a Military Equipment Use Policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by AB 481; and
WHEREAS, the City contracts with the County of Sacramento for the provision of law enforcement services through Contract 91-2010 and its related amendments; and WHEREAS, this contract contemplates that the Sacramento County Sheriff’s Department will provide law enforcement services within the City’s municipal boundaries; and WHEREAS, the City desires to maintain this existing relationship with Sacramento County and the Sacramento County Sheriff’s Department; and WHEREAS, the Sacramento County Board of Supervisors approved a Military Equipment Use Policy on October 4, 2022; and
WHEREAS, the Sacramento County Board of Supervisors updated the Military Equipment Use Policy on June 4, 2024; and
WHEREAS, the City desires to maintain a consistent Military Equipment Use Policy as applied to both the Rancho Cordova Policy Department and its utilization of law enforcement services provided by the Sacramento County Sheriff’s Department; and WHEREAS, the City does hereby incorporate by reference Sacramento County’s Military Equipment Use Policy and desires to approve such policy as may be amended from time to time; and

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does adopt the County of Sacramento’s Military Equipment Use Policy.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 2nd day of December 2024 by the following vote:

AYES:

NOES:

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

COUNTY OF SACRAMENTO

CALIFORNIA
For the Agenda of:

June 4, 2024
Timed: 11:00 AM
To: Board of Supervisors
Through: David Villanueva, County Executive
Eric Jones, Deputy County Executive
Public Safety and Justice
From: Jim Cooper, Sheriff, Sheriff’s Office
Subject: Receive And File The Sacramento Sheriff’s Office Annual Military Equipment Use Report For 2024; Authorization For Continued Use Of Military Equipment And Amend The
Inventory As Changes Occur; And Authorization To Purchase And Acquire Military Equipment In The Future In Accordance With Military Equipment Policy
District(s): All

RECOMMENDED ACTION

1. Receive and File the Sacramento Sheriff’s Office Annual Military Equipment Use Report for 2024.

2. Approve the attached resolution:
a. Authorizing the continued use of military equipment as shown in the attached Annual Equipment Report for 2024 and authorization to amend the inventory as changes occur.
b. Approving authorization to purchase and acquire military equipment in the future in compliance with the Military Equipment policy, as shown in the attached Annual Military Equipment Use Report for 2024.

ITEM 9.5.

ATTACHMENT 2

Receive And File The Sacramento Sheriff’s Office Annual Military Equipment Use Report For 2024; Authorization For Continued Use Of Military Equipment And Amend The Inventory As Changes Occur; And Authorization To Purchase And Acquire Military Equipment In The Future In Accordance With Military Equipment Policy

BACKGROUND
California Assembly Bill No. 481 (AB481) was authorized by Assembly Member David Chiu and approved by Governor Newsom on September 30, 2021. The purpose of AB481 was to address the funding, acquisition, and use of military equipment. AB481 added Chapter 12.8, Section 7070 through 7075 of the Government Code.

On October 4, 2022, the Board adopted an ordinance related to the approval of a Military Equipment Policy in accordance with AB481 (Ordinance No. 1596).

In addition, the Board authorized the Sacramento Sheriff’s Office (SSO) for the continued use of Military Equipment and authorized the SSO to make purchases and acquire Military Equipment in the future in accordance with the policy (Resolution No. 2022-0812).

In the attached Annual Military Equipment Use Report for 2024, there are three sections:

1. The Military Equipment Use Policy

2. An Inventory of the SSO’s Military Use Equipment, including details on the Use, Purpose, Justification, Authorized Use, Fiscal Impact, Training Requirement, and any Legal/Procedural Rules associated with the specified equipment.

3. Demographics of Use in 2023, which details equipment deployments and total events by zip code, race, age, and sex.

In addition, the SSO requests the annual authorization for the continued use of the military equipment outlined in the report and authorization for the future purchase or acquisition of military equipment for replacement or addition in compliance with the Military Equipment Policy.

The SSO’s AB 481 Inventory and Policy will have the additional oversight of the Professional Standards Division, the Office of the Inspector General, and the Community Review Commission on an annual basis. Additionally, the use of this equipment is regulated by existing statutes and policies. The SSO made a presentation on AB481 to the Community Review Commission on May 28, 2024.

The military equipment in this inventory is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The term “military equipment,” as used in AB481 does not ITEM 9.5.

ATTACHMENT 2

Receive And File The Sacramento Sheriff’s Office Annual Military Equipment Use Report For 2024; Authorization For Continued Use Of Military Equipment And Amend The Inventory As Changes Occur; And Authorization To Purchase And Acquire Military Equipment In The Future In Accordance With Military Equipment Policy

necessarily indicate the equipment that has been used by the military.

Pursuant to AB481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long-range acoustic devices, and flashbangs. The SSO is committed to using the most up-to-date tools and equipment to safeguard the community in Sacramento. These items provide peace officers the ability to safely resolve volatile situations that otherwise might rise to the level of a lethal force encounter. To that end, the items in this inventory also provide Sheriff Deputies with vital tools that facilitate compliance with its stringent use of force policy. Other items deemed to be “military equipment” via AB481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats with greater precision and from a greater distance.

The SSO is seeking to purchase new items, which are listed in the provided attachment “2024 AB481 Inventory Review Presentation” document. The requested equipment includes additional unmanned aircraft systems, breaching/flash bang shotgun shells, and ammunition.

All prior military equipment use complied with the military equipment use policy that was in effect at the time. (See Government Code section 7071(d).)

FINANCIAL ANALYSIS
There is no cost associated with the Annual Report provided. Any replacement or addition of equipment purchase as a result of the authorization provided by the Board will be funded through the SSO’s Fiscal Year 2024-25 Recommended Budget.

Attachment(s):

RES – Resolution
ATT 1 – Military Equipment Annual Report 2024
2024 AB481 Inventory Review Presentation
ITEM 9.5.

ATTACHMENT 2

Jim Cooper, Sheriff
4500 Orange Grove Avenue, Sacramento, CA 95841
Sacramento County Sheriff’s Office
Annual Military Equipment Use Report for 202 4
Table of Contents
Military Equipment Use Policy ......................................................................................................... 1 Military Use Equipment ...................................................................................................................... 4 Demographics of Use in 2023 ......................................................................................................... 33 ITEM 9.5.

ATTACHMENT 3

Sacramento County Sheriff’s Office Military Equipment Use Report 2024 Page | 1
Military Equipment Use Policy
Specialized Enforcement Maximum Safety Equipment
(SEMS)
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Sacramento Sheriff's Office.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Attachment 1
ITEM 9.5.

ATTACHMENT 3

Sacramento County Sheriff’s Office Military Equipment Use Report 2024 Page | 2
706.2 POLICY
It is the policy of the Sacramento Sheriff's Office that members of this office comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR
The Sheriff or authorized designee should designate a member of this office to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the governing body for matters related to the requirements of this policy.
b. Identifying the Sheriff's Office equipment that qualifies as military equipment in the current possession of the Sheriff's Office or the equipment the Sheriff's Office intends to acquire that requires approval by the governing body.
c. Conducting an inventory of all military equipment at least annually. d. Collaborating with any allied agency that may use military equipment within the jurisdiction of Sacramento Sheriff's Office (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
f. Publicizing the details of the meeting.
g. Preparing for public questions regarding the Sheriff's Office's funding, acquisition, and use of equipment.
h. Preparing the annual military equipment report for submission to the Sheriff or authorized designee and ensuring that the report is made available on the office website (Government Code § 7072).
i. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Sheriff's Office will respond in a timely manner.

706.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying equipment for the Sheriff's Office is available on SacSheriff.com under Transparency.

706.5 APPROVAL
The Sheriff or the authorized designee shall obtain approval from the County Board of Supervisors by way of an ordinance adopting the military equipment policy. As part of the approval process, the Sheriff or the authorized designee shall ensure the proposed military equipment policy is submitted to the County Board of Supervisors and is available on the Sheriff's Office website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the County Board of Supervisors prior to engaging in any of the following (Government Code § 7071):

Attachment 1
ITEM 9.5.

ATTACHMENT 3

Sacramento County Sheriff’s Office Military Equipment Use Report 2024 Page | 3
a. Requesting military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of the Sheriff's Office. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the County Board of Supervisors. f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g. Acquiring military equipment through any means not provided above.

706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Sheriff or the authorized designee should submit a military equipment report to the County Board of Supervisors for each type of military equipment approved within one year of approval and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Sheriff or the authorized designee should also make each annual military equipment report publicly available on the Sheriff's Office website for as long as the military equipment is available for use. The report shall include all information required by Go vernment Code § 7072 for the preceding calendar year for each type of military equipment in the Sheriff's Office inventory.

706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Sheriff's Office shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Sheriff's Office should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Attachment 1
ITEM 9.5.

ATTACHMENT 3

Sacramento County Sheriff’s Office Military Equipment Use Report 2024 Page | 4
Military Use Equipment
Unmanned Aircraft System (UAS)
An unmanned aircraft along with the associated equipment utilized to enhance the safety of the community and officers.

Description, quantity, capabilities, lifespan, and purchase cost for current inventory:

1. Autel EVO II 640T (RCPD), Cost: $6,900, quantity: 1, Lifespan:3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator day or night.

2. Autel EVO II Dual (RCPD), Cost: $10,000, Quantity: 1, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator day or night.

3. Autel EVO II 6k, Cost: $2,100, Quantity: 1, Lifespan: 3 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter.

Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

4. DJI Inspire 2, Basic Video/Image capture (See URL for full Specs), Cost: $0 Donation, Quantity: 1, Lifespan, 3 Years, Annual Maintenance: $600. Website:
https://www.dji.com/inspire-2

5. DJI Matrice 200, Cost: No cost (donated), quantity: 1, Lifespan: 2-4 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

6. DJI Matrice 600, Cost: $4,800, quantity: 1, Lifespan 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter.

Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

7. DJI Mavic 2 Enterprise Dual, Cost: $3,850, Quantity: 3, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator day or night.

8. DJI Mavic 2 Enterprise Zoom, Cost $3,000, Quantity: 5, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

9. DJI Mavic 2 Professional, Cost: No cost (Obtained pursuant to California Civil Code Section 2080.6), Quantity: 1, Lifespan: 3-5 years. This is a remotely operated battery-powered Attachment 1
ITEM 9.5.

ATTACHMENT 3

Sacramento County Sheriff’s Office Military Equipment Use Report 2024 Page | 5
aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

10. DJI Mavic Advanced, Cost: $10,000, Quantity:1, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator day or night.

11. DJI Mini 2, Cost: $450, Quantity: 10, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter.

Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

12. DJI Phantom 4 Professional, Cost: $1,600, Quantity: 1, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator.

13. DJI Matrice 30T, DFR Capable / High res thermal/ Speaker/spotlight for de-escalation, (RCPD Purchase) Cost: $14,000, Quantity: 2, Lifespan: 3 Years, Annual Maintenance: $700.

Website: https://www.dji.com/matrice-30 .

14. DJI Avata, Mini indoor UAS / high-res daytime camera/ for indoor flight, Cost: $1,388, Quantity: 7, Lifespan: 3 Years, Annual Maintenance: $500. Website:

15. DJI M300, DFR Capable /Speaker/spotlight / Carry payload for search and rescue, Cost: $13,200, Quantity: 1, Lifespan: 3 years, Annual Maintenance: $800. Website:
https://www.dji.com/matrice-300.

16. DJI Mavic 3 Enterprise, High-res video/crime scene and fatal collision reconstruction, Cost: $3,788, Quantity: 3, Lifespan: 3 Years, Annual Maintenance: $800.

Website: https://www.dji.com/mavic-3-enterprise

17. DJI Mavic 3 Thermal, Cost: $5,748, Quantity: 3, Lifespan: 3-5 years. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each drone is equipped with a camera capable of relaying a real-time image back to the drone operator day or night.

Proposed Uses
The Sacramento County Sheriff’s Office SCOUT program uses Unmanned Aerial System (UAS) craft of varying sizes and capabilities to enhance public safety. All the crafts used by the program are the same makes and models available for purchase by the public. The craft is used in compliance with all federal, state, and local laws and is not used in any way for routine patrol or surveillance of the public.

Justification:

The wide variety of UAS utilized by the Sacramento County Sheriff’s Office augment the Air Operations detail. They provide an aerial perspective that is directly viewable by Incident Commanders and Tactical Commanders during critical incidents and high-risk events. Because of these UAS, commanders are able to make split-second decisions that keep officers and Attachment 1
ITEM 9.5.

ATTACHMENT 3