Agenda packet — Rocklin City Council, December 12, 2023 (part 2 of 8)

Reso. No. 2022-
300
1 FIRST AMENDED AND RESTATED REIMBURSEMENT AGREEMENT

BETWEEN THE CITY OF ROCKLIN AND THE HOUSING AUTHORITY

OF THE CITY OF ROSEVILLE

FOR THE ADMINISTRATION OF THE HOUSING CHOICE VOUCHER PROGRAM

WITHIN THE CITY OF ROCKLIN
This First Amended and Restated Reimbursement Agreement Between the City of Rocklin and the Housing Authority of the City of Roseville for the Administration of the Housing Choice Voucher Program Within the City of Rocklin (“REIMBURSEMENT AGREEMENT”) is made and entered into this day of , 2023, by and between the CITY OF ROCKLIN, a municipal corporation (“CITY”) and the CITY OF ROSEVILLE, a municipal corporation, acting in its capacity as the ROSEVILLE HOUSING AUTHORITY (“AUTHORITY”) (collectively the “PARTIES”).

W I T N E S S E T H:

WHEREAS, the US Department of Housing and Urban Development makes available the Housing Choice Voucher rental assistance program, formerly known as the Section 8 Program, (PROGRAM) to communities having an active housing authority; WHEREAS, section 34208 of the Health and Safety Code of the State of California provides that a city housing authority may operate within the city and the area within five (5) miles of its territorial boundaries, including an area within the territorial boundary of another city if such city so consents;
WHEREAS, CITY is within five (5) miles of AUTHORITY, operation of AUTHORITY within CITY would enable CITY to have the benefits of the PROGRAM, and the CITY has adopted a resolution consenting to operation of the AUTHORITY within CITY;
301
2 WHEREAS, CITY and AUTHORITY entered into an agreement dated September 29, 1983 relating to administration of the PROGRAM and reimbursement for such PROGRAM administration; and
WHEREAS, CITY and AUTHORITY replaced said agreement with a Reimbursement Agreement dated May 6, 2009; and
WHEREAS, CITY and AUTHORITY desire to amend said agreement with this First Amended and Restated Reimbursement Agreement; NOW, THEREFORE, the PARTIES hereto mutually agree as follows:

1. The foregoing recitals are incorporated by reference as if fully set forth herein.

2. AUTHORITY agrees to use its staff, or to contract with third parties including, but not limited to, City of Roseville staff, to carry out the activities necessary to implement and operate the PROGRAM within CITY, including, but not limited to:
a. Outreach to eligible families needing rental housing assistance and property owners of rental units regarding PROGRAM participation and requirements;
b. Advertising related to accepting applications from eligible households for placement on the waiting list;
c. Verification of PROGRAM eligibility, computation of tenant’s rental contribution, determination of family’s unit size and selection of applicants for vouchers;
d. Issuance and re-issuance of vouchers, and briefing of tenants and landlords of their responsibilities;
e. Determination of eligibility of dwelling unit and unit owner; f. Execution of housing assistance payments, contracts, and leases; 302
3 g. Dwelling unit inspections and re-inspections to ensure compliance with federal Housing Quality Standards for units leased under the PROGRAM; h. Maintenance of all program files including financial management records; i. Processing housing assistance payments to PROGRAM landlords; and j. Additional activities necessary to successfully implement the PROGRAM in the CITY.

3. AUTHORITY further agrees to provide a referral service for questions from CITY residents on available housing in Southwest Placer County, and to include units within CITY in new applications for PROGRAM units.

4. Upon AUTHORITY’S request, CITY will provide temporary office space within CITY for accepting applications for PROGRAM participation or consultation with tenants or voucher holders.

5. CITY expressly acknowledges that the final decision on any administrative appeal filed by PROGRAM participant will be made by AUTHORITY.

6. Project-Based Vouchers (PBVs) are a component of AUTHORITY’S PROGRAM.

AUTHORITY allocates PBVs to provide housing assistance at specific privately owned affordable housing development projects. At no time shall the PBVs awarded to affordable housing development projects in CITY exceed twenty percent of the total PBVs awarded to affordable housing development projects in the City of Roseville.

7. Each calendar year, CITY agrees to pay AUTHORITY an annual fee, established by AUTHORITY’s Executive Director, or his or her designee, as reimbursement to AUTHORITY for the costs of operating the PROGRAM. Beginning the calendar year of 2023 and for each successive calendar year that this First Amended and Restated Reimbursement Agreement is in effect, CITY shall pay AUTHORITY an annual fee, established according to the following formula, subject to the provisions of 303
4 subsection a. and b., below:

The AUTHORITY shall subtract the total annual administrative expenditures incurred to operate the PROGRAM from the total annual revenues received by the AUTHORITY from the US Department of Housing and Urban Development. Thereafter, the remaining annual deficit of expenditures incurred shall be allocated between CITY and AUTHORITY according to the percentage of CITY households participating in the PROGRAM compared to the total number of PROGRAM participant households. a. Minimum Payment for Successive Calendar Years: If the total annual fee calculated is less than $20,000 for any successive calendar year, CITY shall pay AUTHORITY $20,000 for that successive year.
b. Maximum Payment for Successive Calendar Years: The annual fee shall not exceed $40,000 in any successive calendar year. However, in the event that the CITY’s proportional share of the annual operating deficit exceeds $40,000, the AUTHORITY may request that the parties renegotiate the REIMBURSEMENT AGREEEMENT to require CITY to pay the remaining operating deficit.
c. Invoicing and CITY’s Tender of Annual Payments: AUTHORITY shall provide CITY with an invoice and reasonable supporting documentation for each year’s annual fee calculation.

AUTHORITY shall invoice CITY by January 31 for CITY’s portion of the annual fee to be reimbursed to the AUTHORITY for PROGRAM expenses of the preceding calendar year. CITY shall pay AUTHORITY by March 31.

8. Late Payments: Annual fee payments more than thirty (30) calendar days past due shall accrue interest to be paid to AUTHORITY at the City of Roseville’s Pooled Investment Rate calculated at the time of delinquency of the payment.

9. Each PARTY understands and agrees that there is no agency relationship between the PARTIES. It is further understood and agreed by the PARTIES that notwithstanding anything contained herein, the employees of each PARTY shall continue to be entirely and exclusively under the direction, supervision and control of the employing party.

10. The PARTIES each agree to indemnify and hold harmless the other party from 304
5 any acts or omission of their officers, agents, and employees in carrying out the responsibilities of this REIMBURSEMENT AGREEMENT and/or the PROGRAM.

11. If any PARTY shall bring suit to enforce the terms of this REIMBURSEMENT AGREEMENT, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. Whenever provision is made in this REIMBURSEMENT AGREEMENT for the payment of attorneys’ fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the PARTY or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial or appeal of the action.

12. This REIMBURSEMENT AGREEMENT shall continue in force and effect, provided that either PARTY may terminate this REIMBURSEMENT AGREEMENT upon one hundred and eighty (180) calendar day’s prior written notice to the other party.

13. In the event that there are active PROGRAM leases within CITY at the time notice of termination is given pursuant to section 11, above, this REIMBURSEMENT AGREEMENT shall continue in force and effect until all active leases then in effect have expired; provided that AUTHORITY shall not extend any such lease beyond its then current expiration date and shall not initiate any new lease.

14. Written notice to the PARTIES shall be mailed by US mail, postage prepaid, addressed to:

AUTHORITY: CITY:

Executive Director City Manager
Roseville Housing Authority City of Rocklin
316 Vernon Street #150 3970 Rocklin Road
Roseville, CA 95678 Rocklin, CA 95677
Either party may change the above address for notification at any time by providing written notice to the other party.

15. This REIMBURSEMENT AGREEMENT is the whole, integrated agreement of the PARTIES, superseding all prior negotiations, representations, or agreements, either written or oral, and replacing and terminating the agreement between the PARTIES 305
6 dated September 29, 1983 relating to administration of the PROGRAM and reimbursement for such PROGRAM administration.

IN WITNESS WHEREOF, the City of Rocklin, a municipal corporation, has authorized the execution of this First Amended and Restated Reimbursement Agreement by its City Manager and attestation by its City Clerk, under the authority of Resolution No. , adopted by the Council of the City of Rocklin on the day of , 2023, and the City of Roseville, a municipal corporation, acting in its capacity as the Roseville Housing Authority, has authorized the execution of this First Amended and Restated Reimbursement Agreement by its Executive Director and attestation by its Recording Secretary, under the authority of Resolution No. , adopted by the Roseville Housing Authority on the day of , 2023.

CITY OF ROSEVILLE, a municipal corporation, CITY OF ROCKLIN, a municipal acting in its capacity as the corporation

ROSEVILLE HOUSING AUTHORITY
By: By:

Trisha Isom Aly Zimmermann
Executive Director City Manager
ATTEST: ATTEST:

By: By:

Carmen Avalos Haley Reid, Acting City Clerk
Recording Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Michelle Sheidenberger Daniel Cucchi
Authority Counsel City Attorney
APPROVED AS TO SUBSTANCE:

By:

Melissa Anguiano
Economic Development Director
306
City Council
Staff Report

Subject:

Various Personnel Updates
Date:

December 12, 2023
Submitted By:

Tameka Usher, Director of Administrative Services
Department:

Administrative Services - Human Resources
Recommendation:

A
.

Receive a report from the Human Resources Division of the Administrative Services Department as required by City of Rocklin Municipal Code 2.48 – Police Salaries.

B
.

Adopt a Resolution of the City Council of the City of Rocklin to Approve the Bargaining Unit Change for Two (2) Senior Department Administrative Specialist Allocations from the Confidential Group to AFSCME Bargaining Unit; and the Resulting Reclassification and Reallocation Changes, Y-Rated Salary Schedule, and the Deletion of the Senior Department Administrative Specialist Classification; and Approve the Bargaining Unit Change of One (1) Information Technology Analyst Allocation from the AFSCME Bargaining Unit to the Confidential Group; and Revise Confidential Salary Schedule.

Background:

Measure
C
On December 15, 1980, the City Council of the City of Rocklin adopted Resolution No. 80-117 declaring the passing of “Measure C” related to Rocklin Police Department salaries and set Municipal Ordinance 2.48, which states:

The Council shall, on January 1st annually, determine the existing average salaries for the Auburn Police Department, Lincoln Police Department, Roseville Police Department, and Placer County Sheriff's Office, operating within the county of Placer for each class of position employed by those agencies. Effective February 1, 1981, and effective February 1st of each year thereafter, the Council shall adjust and determine that the average salary for each class of position in the Rocklin Police Department as set forth in this chapter is at least equal to the average of the salaries for the comparable positions in the Auburn Police Department, Lincoln Police Department, Roseville Police Department, and Placer County Sheriff's Office.

Rocklin Municipal Code 2.48 includes the following classifications: Sergeant, Police Officer, Dispatch Supervisor (Public Safety Dispatcher Supervisor), and Dispatch Clerk (Public Safety Dispatcher II). The Human Resources Division (HR) conducted a base salary study of the comparable positions and a summary of the study results is below:

Item Number 3E.

307

Classification
Rocklin PD
Average
Local Agency
Average
1 % Difference
Sergeant
$132,255.00
$117,016.12

11.52%
Police Officer
$107,577.00
$83,223.26

11.54%
Dispatch Supervisor
$92,956.00
$77,778.27

3.27%
Public Safety
Dispatcher II
$80,438.00
$63,854.77

7.94%

1 Agencies defined in City of Rocklin Municipal
Code 2.48: Auburn Police Department, Lincoln
Police Department, Roseville Police Department,
and Placer County Sheriff's Office.

Based on the results of the study, HR staff recommends that the City Council receive and accept this report as a determination that the average salaries for each class as set forth in Rocklin Municipal Code 2.48 is at least equal to the average of the salaries for the comparable positions in the Auburn Police Department, Lincoln Police Department, Roseville Police Department, and Placer County Sheriff's Office. Therefore, no additional action is required.

Bargaining Unit Changes
Confidential Group to AFSCME Bargaining Unit
HR staff recommends reallocating and transferring two (2) encumbered Senior Department Administrative Specialist allocations (positions #522 and #21) from the Confidential group to the AFSCME bargaining unit. This request is justified based on a detailed review of both incumbents’ duties and responsibilities and discussions with each department director. HR confirmed that the incumbents in positions 522 and 21 are not performing duties consistent with the Employer-Employee Resolution; Section 2 Definitions, which notes that “Confidential Employee”
is defined as an employee who regularly participates in, has knowledge of, or access to, decisions of City management affecting employer-employee relations .

For this reason, it is recommended that the positions be removed from the Confidential unit.

Classification titles are not shared between the Confidential Unit and AFSCME; therefore, the positions will be reclassified from Senior Department Administrative Specialist to Administrative Assistant. The salary range for the Administrative Assistant is lower than the Senior Department Administrative Specialist; therefore, HR recommends the current incumbents’ salaries be Y-rated in accordance with City of Rocklin Personnel Rule 3-01(10).

Title 2 of the California Code of Regulations, section 570.5 requires the City's salary schedules to be adopted at a public meeting. As such, staff recommends adopting a Y-rated salary schedule for the Administrative Assistant classification salary ($84.089).

Staff further recommends deleting the Senior Department Administrative Specialist classification from the Confidential Salary Schedule since it will no longer be used.

Allocation Changes:

Community Development
Delete 1.0 FTE Senior Department Administrative Specialist and add 1.0 FTE Administrative Assistant
308
Parks and Recreation
Delete 1.0 FTE Senior Department Administrative Specialist and add 1.0 FTE Administrative Assistant

AFSCME Bargaining Unit to Confidential Group
HR recommends reallocating and transferring one (1) Information Technology Analyst (position #62) from the AFSCME bargaining unit to the Confidential group. This request is justified based on a detailed review of the duties and responsibilities and discussion with the Information Technology Manager. Given such, position 62 is performing duties consistent with the Employer-Employee Resolution; Section 2 Definitions, which notes that “Confidential Employee”
is defined as an employee who regularly participates in, has knowledge of, or access to, decisions of City management affecting employer-employee relations .

HR staff has satisfied the meet and confer obligation with AFCME regarding the proposed changes in accordance with the City of Rocklin Employee-Employer Resolution.

Fiscal Impact:

Measure C: The staff recommendation is cost-neutral and has no direct fiscal impacts on the General Fund.

Confidential to AFSCME Bargaining Unit Change: The staff recommendation is cost-neutral and have no direct fiscal impacts on the General Fund.

AFSCME Bargaining Unit to Confidential Change: The fiscal impact to the General Fund from the staff recommendation is expected to be an increase of approximately $2,390. This amount will be offset with projected operational savings.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit 1 - Y-Rated Salary Schedule

3. Resolution Exhibit 2 - Confidential Salary Schedule A and B 309
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

TO ADOPT THE RECLASSIFICATIONS AND REALLOCATIONS IN THE PARKS AND

RECREATION DEPARTMENT AND COMMUNITY DEVELOPMENT DEPARTMENT, ADOPT

BARGAINING UNIT CHANGES, APPROVE THE Y-RATED AND CONFIDENTIAL SALARY

SCHEDULES, AND ABOLISH A CLASSIFICATION
WHEREAS, the City of Rocklin Employer-Employee Resolution 2017-237 Section 2(E) defines “confidential employee”; and
WHEREAS, based on the needs of the Community Development Department and Parks and Recreation Department, the duties assigned to the Senior Department Administrative Specialist classification do not meet the definition of confidential employee; therefore, staff seeks to transfer the positions from the Confidential group to the AFSCME bargaining unit consistent with the duties and responsibilities assigned; and WHEREAS, Human Resources (HR) has conducted a review of 1.0 FTE Senior Department Administrative Specialist encumbered position in the Parks and Recreation Department and 1.0 FTE Senior Department Administrative Specialist encumbered position in the Community Development Department and determined that both positions should be reclassified and reallocated to the Administrative Assistant classification in AFSCME; and WHEREAS, HR determined that the Y-Rated salary for the employees in positions 522 and 21 should be $84,089; and
WHEREAS, based on the needs of the Administrative Services Department, the duties assigned to the Information Technology Analyst (position 62) classification meets the definition of Confidential employee; therefore, staff seeks to transfer the positions from the AFSCME bargaining unit to the Confidential group consistent with the duties and responsibilities assigned; and
WHEREAS, HR determined that the salary for the confidential position 62 should be placed at salary range 34.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective December 30, 2023, the City Council approves the reallocation of 1.0 FTE encumbered Senior Department Administrative Specialist to Administrative Assistant in the Parks and Recreation Department.

Section 2. Effective December 30, 2023, the City Council approves the reallocation of 1.0 FTE encumbered Senior Department Administrative Specialist to Administrative Assistant in the Community Development Department.
310
Section 3. Effective December 30, 2023, the City Council approves the bargaining unit changes for positions 522 and 21 from the Confidential group to the AFSCME bargaining unit.

Section 4. Effective December 30, 2023, the City Council approves the bargaining unit changes for position 62 from the AFSCME bargaining unit to the Confidential group.

Section 5. Effective December 30, 2023, the Y-Rated Salary Schedule attached hereto as Exhibit “1” is adopted.

Section 6. Effective December 30, 2023, the City Council abolishes the Senior Department Administrative Specialist classification.

Section 7. Effective December 30, 2023, the updated Confidential Salary Schedule attached hereto as Exhibit “2” is adopted.

PASSED AND ADOPTED this 12th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:
, Mayor
Haley Reid, Acting City Clerk
311
Classification Annual Salary
Administrative Assistant - Y-Rate 84,089$

CITY OF ROCKLIN

Y-RATED SALARY SCHEDULE
Effective December 30, 2023
312
Classification Range 1 2 3 4 5 6
Administrative Office Clerk 6 $43,666 $45,849 $48,142 $50,549 $53,076 $55,730 Communications Specialist 8 45,876 48,170 50,579 53,108 55,763 58,551 Administrative Office Assistant 11 49,404 51,874 54,468 57,191 60,051 63,053 Departmental Administrative Specialist 17 57,293 60,158 63,166 66,324 69,641 73,123 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 61,699 64,784 68,023 71,424 74,995 78,745 Human Resources Technician II
Payroll Technician II
Executive Assistant 24 68,104 71,509 75,085 78,839 82,781 86,920 Executive Assistant to the City Manager
Paralegal
Information Technology Analyst 34 87,179 91,538 96,115 100,920 105,966 111,265

CITY OF ROCKLIN

CONFIDENTIAL SALARY SCHEDULE A
(Annual Salary)
Effective December 30, 2023
313
Classification Range 1 2 3 4 5 6 7 8 9 10
Administrative Office Clerk 6 43,666 45,194 46,776 48,413 50,108 51,861 53,677 55,555 57,500 59,512 Communications Specialist 8 45,876 47,482 49,144 50,864 52,644 54,487 56,394 58,368 60,411 62,525 Administrative Office Assistant 11 49,404 51,133 52,923 54,775 56,692 58,676 60,730 62,856 65,056 67,333 Departmental Administrative Specialist 17 57,293 59,299 61,374 63,522 65,746 68,047 70,428 72,893 75,445 78,085 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 61,699 63,858 66,093 68,407 70,801 73,279 75,844 78,498 81,245 84,089 Human Resources Technician II
Payroll Technician II
Executive Assistant 24 68,104 70,488 72,955 75,508 78,151 80,886 83,717 86,647 89,680 92,819 Executive Assistant to the City Manager
Paralegal
Information Technology Analyst 34 87,179 90,230 93,388 96,657 100,040 103,541 107,165 110,916 114,798 118,816 Effective December 30, 2023
(Annual Salary)

CONFIDENTIAL SALARY SCHEDULE A

CITY OF ROCKLIN
314
City Council
Staff Report

Subject:

Accounts Paid List - July to September 2023
Date:

December 12, 2023
Submitted By:

Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Receive the Accounts Paid List for July 1, 2023 to September 30, 2023.

Background:

The Accounts Paid List (Attachment 1) details expenses paid to vendors, types of expenses, and the amount paid for the period between July 1, 2023 to September 30, 2023.

Fiscal Impact:

This report will not have a direct fiscal impact. The items included in this report are either within the budget or have been approved as budget amendments.

Item Number 3F.

ATTACHMENTS:

1. Accounts Paid List July 1, 2023 - September 30, 2023 315
316
317
318
319
320
321
322
323
324
325
326
City Council
Staff Report

Subject:

Quarterly Treasurer's Report
Date:

December 12, 2023
Submitted By:

Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Receive the Treasurer's Report for the Quarter Ending September 30, 2023.

Background:

The Quarterly Treasurer's Report (Attachment 1), for the quarter ending September 30, 2023, provides the depository, maturity date, amount, and estimated annualized interest earnings for the City's investments pursuant to the Investment Policy (Resolution No. 2023-67).

Item Number 3G.

ATTACHMENTS:

1. Treasurer's Report for Quarter Ending September 30, 2023 327
328
329
City Council
Staff Report

Subject:

Section 115 Trust for Pension Investment Strategy
Date:

December 12, 2023
Submitted By:

Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Receive an Update on the Investment Strategy for the City's Section 115 Trust for Pension.

Background:

On September 26, 2023, the City Council adopted Resolution No. 2023-154, approving the adoption of the Public Agencies Post-Employment Benefits Trust administered by Public Agency Retirement Services (PARS) for the establishment, administration, and management of a Section 115 Trust for pension in
consideration of the benefits, as follows:

Financial Tool: The Section 115 Trust is a financial instrument that can used for prefunding pension and retirees’ health plans.

Rainy-Day Fund: The trust can be utilized as a rainy-day fund, providing financial security during unexpected challenges.

Tax-Exempt Earnings: The trust offers the advantage of tax-exempt earnings, helping to maximize returns on investments.

Risk Management: The trust helps address risk by enabling further diversification of investments. It employs conservative investment guidelines, reducing risk compared to CalPERS.

Proactive Pension Liability Management: It is used to proactively address future increases in pension liabilities, ensuring fiscal responsibility.

Asset Protection: Funds held in the trust that can only be used for their intended purposes, providing asset protection.

Local Control: The trust allows for local control, permitting the withdrawal of funds to balance the budget or address unforeseen spikes in employer contribution rates.

In addition, the City Council authorized the initial funding of $1.3 million for the Section 115 Pension Trust.

Item Number 3H.

330
Currently, staff is working with PARS to establish the Section 115 Trust for pension prefunding. To complete the onboarding process, the City needs to determine an investment strategy for the pension prefunding trust. T
he
PARS Trust program
offers the following four
pre-established investment strategies, as reflected as Attachment 1 :

1 .

Fixed Income - 100% fixed income
2 .

Conservative - 60% fixed income, 40% equity
3 .

Balanced - 40% fixed income, 60% equity
4 .

Growth - 25% fixed income, 75% equity

On November 1, 2023, the City's Investment Advisory Committee reviewed the investment strategies presented by staff
. At the conclusion of the meeting, the Committee passed a motion approving the utilization of the conservative investment strategy for the City's Section 115 Trust for Pension.

The conservative investment strategy, consisting of 60% fixed income and 40% equity, was selected to preserve principal while ensuring a sufficient rate of return consistent with the City’s objectives and risk tolerance in establishing the pension prefunding trust. The following additional rationales were provided for choosing this strategy:

The City may need to withdraw pension funds in the shorter-term, especially when facing increasing CalPERS rates, and they prefer a strategy with lower potential volatility.

The conservative approach is selected to minimize risk exposure. Higher risk exposure is associated with equity-heavy investment strategies.

The conservative strategy offers the City an opportunity to outperform its investments and diversify pension assets outside of CalPERS. CalPERS investments are inherently aggressive, as they are targeting a 6.8% rate of return (current discount rate). This strategy allows agencies to assume significantly less risk compared to CalPERS investments.

Fiscal Impact:

There is no direct fiscal impact to the staff recommendation.

ATTACHMENTS:

1. Vanguard Pre-Established Investment Strategies
331
Vanguard Pre-Established Investment Strategies

332
City Council
Staff Report

Subject:

Development Impact Fee Annual (AB 1600) Reports for Fiscal Year 2022/23
Date:

December 12, 2023
Submitted By:

Daniel Choe, Deputy Director of Administrative Service
Department:

Administrative Services - Finance
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting Development Impact Fee Reports for the Period Ending June 30, 2023 as Required by Government Code Sections 66000 et seq.

Background:

In 1987, the California Legislation passed Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act (Gov. Code, Sections 66000 et seq.), which governs the establishment and administration of development impact fees. A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local agency to new development for the purposes of defraying costs of public facilities needed as a result of impacts created by the new development.

Development impact fees are segregated and placed in special funds or accounts, which earn interest. AB 1600 requires local agencies that impose impact fees to annually provide the public with a report that reflects:

1 .

The beginning and ending balances of each separate impact fee fund; 2 .

The amount of fees collected and the interest earned for the year; 3 .

The amount of expenditures and refunds made in the year; 4 .

The percentage of project expenditures paid for by fees; and 5 .

A description of the type of fees and the fee amount.

Discussion:

As of June 30, 2023, the City had nine separate and distinct development impact fees that are collected, pursuant to AB 1600. The following is a summary listing of the fees, along with the balance for each fee account, as of June 30, 2023:

Item Number 3I.

333

Exhibit #. Development Impact Fee: Fund Balance
A
.

Public Facilities Fee: $1,021,684
B
.

Community Park Fee: ($130,646)
C
.

NW Rocklin Community Park Fee: $964,797
D
.

Traffic Circulation Impact Fee: $17,419,258
E
.

Whitney Ranch Interchange Fee: $1,518,449
F
.

Whitney Ranch Trunk Sewer Fee: $0
G
.

Oak Tree Mitigation Fee: $129,311
H
.

Community Recreation Fee:$3,703
I
.

Trail Impact Fee: $854

Findings and Conclusions:

The reports provide information consistent with the annual reporting requirements outlined in the Government Code for each City development impact fee, and are reflected as Attachments 2-10 of this staff report (Exhibits A – I to the Resolution). Once adopted, these Development Impact Fee reports will be posted on the City webpage.

Fiscal Impact:

There is no direct fiscal impact resulting from these reports.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Public Facilities Impact Fee

3. Resolution Exhibit B - Community Park Fee

4. Resolution Exhibit C - Northwest Rocklin Community Park Fee

5. Resolution Exhibit D - Traffic Circular Impact Fee

6. Resolution Exhibit E - Whitney Ranch Interchange Fee

7. Resolution Exhibit F - Whitney Ranch Trunk Sewer Project Fee

8. Resolution Exhibit G - Oak Tree Mitigation Fee

9. Resolution Exhibit H - Community and Recreation Facilities Fee

10. Resolution Exhibit I - Trail Impacts Fee
334
Resolution No. 2023-

Page 1 of 2 ends

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACCEPTING DEVELOPMENT IMPACT FEE REPORTS FOR THE PERIOD ENDING JUNE 30, 2023 AS REQUIRED BY GOVERNMENT CODE SECTIONS 66000 ET SEQ
WHEREAS, Government Code sections 66000 et seq. (commonly known as and referred to herein as AB 1600) regulate the imposition, collection, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities; and
WHEREAS, the City has identified certain development impact fees the City collects from developers, which are subject to AB 1600 requirements; and WHEREAS, in accordance with the provisions of AB 1600, the City has set up separate special revenue funds for each type of fee, crediting earned interest to those funds, and spending the accumulated fees and related interest on appropriate expenditures; and WHEREAS, in accordance with the provisions of AB 1600, an annual report is required that reflects a brief description of the type of fee in the account or fund; the amount of the fee; the beginning and ending balances of each separate impact fee fund; the amount of fees collected and the interest earned for the year; identification of public improvements on which the fees were expended and percentage of the cost of the public improvement that was funded with fees; identification of the approximate date by which the construction of the improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement; a description of each interfund transfer or loan made; and the amount of refunds made pursuant to Government Code Section 66001(e) and any allocations pursuant to Section 66001(f); and WHEREAS, the attached reports referred hereto as Exhibits A through I contain information that meets the annual reporting requirements described in the Government Code for each City development impact fee fund; and
WHEREAS, a copy of each report has been posted on the City’s website for review since November 21, 2023, which is more than 15 days in advance of this meeting; and WHEREAS, Staff recommends the City Council accept the attached reports.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council accepts the reports attached hereto as Exhibits A through I and incorporated herein by reference, as having been prepared in accordance with state law.
335
Resolution No. 2023-

Page 2 of 2 ends

Section 2. The City Council adopts all factual findings set forth in the reports attached hereto as Exhibits A through I.

PASSED AND ADOPTED this 12th day of December, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
336

Page 1 ends

to Reso. No. 2023-
Exhibit A

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Public Facilities Impact Fee
Fiscal Year Ending June 30, 2023
For purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Public Facilities Impact Fee - The purpose of the Public Facilities Impact Fee ("Fee" or "Fees") is to fund construction of improvements and facilities that will be needed to mitigate the impacts of new development on city facilities, and to maintain an acceptable level of public services as the City grows. On June 28, 2022 the City Council adopted Resolution No. 2022-144 approving a fee study. The updated fees are reflected below. (B) The amount of the fee.

Development Type Current Fees Residential <600 Square Feet $835 Residential 600-1,000 Square Feet $1,026 Residential 1,000-1,500 Square Feet $1,638 Residential 1,500-2,500 Square Feet $2,283 Residential 2,500-3,500 Square Feet $2,680 Residential 3,500+ Square Feet $3,474 Residential - Age Restricted $1,199 Convalescent Care $1,110 Retail $1,865 Office $1,499 Office - Medical $1,199 Industrial $500 Industrial - High Tech $999 Church, Other Assembly $133 Hotel $466 Community College $133 (C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below. 337

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Statement of Revenues, Expenditures, and Changes in Fund Balance Revenues FY 2023
Public Facilities Impact Fees $54,640
Interest Income $18,760
Total Revenues $73,400
Expenditures
Facilities Repairs and Maintenance $96,800
Technology Fee $3,093
Other Expenditures $14,064
Total Expenditures $113,957
Revenues Over (Under) Expenditures ($40,557)
Beginning Fund Balance as of 07/01/22 $1,062,241
Ending Fund Balance as of 06/30/23 $1,021,684
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

No fees were expended on capitalizable projects in the fiscal year. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

As of the end of fiscal year 2022/23, there were insufficient funds collected for public improvement projects.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

Technology fee expense totaled $3,093, accounting for a fair share allocation for e- commerce. Other Expenditures totaled $14,064.
(H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit B

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Community Park Fee
Fiscal Year Ending June 30, 2023
For purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Community Park Fee - The purpose of the Community Park Fee is to further the General Plan goal of providing opportunities for recreational activities to meet citizen needs. This fee will mitigate development impacts by providing for improvements to the City’s new community parks and recreational facilities and rehabilitation of the existing parks and recreational facilities. (B) The amount of the fee.

Development Type Current Fees
Residential <600 Square Feet $1,954/unit Residential 600-1,000 Square Feet $2,400/unit Residential 1,000-1,500 Square Feet $3,831/unit Residential 1,500-2,500 Square Feet $5,341/unit Residential 2,500-3,500 Square Feet $6,270/unit Residential 3,500+ Square Feet $8,127/unit Residential - Age Restricted $2,806/unit (C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance

Revenues FY 2023
Park Development Fees $120,820
Total Revenues $120,820
Expenditures
Technology Fee $6,838
Interest Expenditures $2,939
Sunset Whitney Recreation Area $68,069
Total Expenditures $77,846
Revenues Over (Under) Expenditures $42,974
Beginning Fund Balance as of 07/01/21 ($173,619)
Ending Fund Balance as of 06/30/22 ($130,646)
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(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

Public Improvement Expenditures Other
Sources
% Funded
by Fees
Sunset Whitney Recreation Area $68,069 $638,367 9.64%
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

Technology fee expense totaled $6,838, accounting for a fair share allocation for e- commerce.
(H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit C

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Northwest Rocklin Community Park Fee
Fiscal Year Ending June 30, 2023
For purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Northwest (NW) Rocklin Community Park Fee – The purpose of the NW Rocklin Community Park Fee is to further the General Plan goal of providing opportunities for recreational activities to meet citizen needs. This fee will be used to fund construction of the NW Rocklin Annexation Area Community Park.
(B) The amount of the fee.

Land Use Current Fee
Single Family Residential $3,823/unit
Multi-Family Residential $2,209/unit
Business $12,057/acre
Commercial $7,033/acre
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2023
Whitney Ranch Park Fees $10,290
Interest Income $17,865
Total Revenues $28,155
Expenditures
Park Improvements $19,515
Total Expenditures $19,515
Revenues Over (Under) Expenditures $8,640
Beginning Fund Balance as of 07/01/21 $956,157
Ending Fund Balance as of 06/30/2222 $964,797
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Public Improvements FY 2023
Expenditures
Total Project
Cost as of
06/30/23
% Funded
by Fees
Bike Pump Track $19,515 $920,000 100%
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

Public Improvements Approximate Date to Commence
Construction
Bike Pump Track In Progress
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

No interfund transfers or loans were made during the fiscal year utilizing these funds. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit D

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Traffic Circulation Impact Fee
Fiscal Year Ending June 30, 2023
For the purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Traffic Circulation Impact Fee – The purpose of the Traffic Circulation Impact Fee is to finance street improvements to reduce the impacts caused by new development within the City.
(B) The amount of the fee.

Land Use Current Fee
Single Family Residential $3,774/unit
Multi-Family Residential $2,378/unit
Retail/Commercial $6.038/Sq. Ft.

Office $6.604/Sq. Ft.

Industrial $3.396/Sq. Ft.
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2023
Traffic Circulation Impact Fees $675,895
Reimbursement Revenue $502,511
Interest Income $301,608
Total Revenues $1,480,014
Expenditures
Infrastructure $805
Indirect Cost Allocation $307
Professional Services $1,307
Technology Fee $38,256
Total Expenditures $40,675
Revenues Over (Under) Expenditures $1,439,339
Beginning Fund Balance as of 07/01/22 $15,979,919
Ending Fund Balance as of 06/30/23 $17,419,258
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Public Improvements FY 2023
Expenditures
Total Project
Cost as of
06/30/23
% Funded
by Fees
Monument Springs Bridge $805 $1,500,000 100%
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

Public Improvements Approximate Date to Commence
Construction
Monument Springs Bridge
Rocklin Road/Sierra College Corridor Multimodal
In progress
FY 2024-25
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

Technology fee expense totaled $38,256, accounting for a fair share allocation for e- commerce. Indirect cost allocation totaled $307, accounting for central service costs. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit E

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Whitney Ranch Interchange Fee
Fiscal Year Ending June 30, 2023
For the purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Whitney Ranch Interchange Fee – Due to the anticipated traffic impacts resulting from the Whitney Ranch Development, it was determined that an additional interchange connecting the new development to State Route 65 would help to minimize adverse traffic conditions.

This new interchange would be partially funded by the traffic impact fee, referred to as the Whitney Ranch Interchange Fee.
(B) The amount of the fee.

Land Use Fee
Whitney Ranch

SRI LLC
Single Family $622/unit
Multifamily $448/unit
Business Park $21,016/acre
Commercial $23,839/acre
SWP
Commercial $49,657/acre
Highway 65 Corridor
JBC
Commercial $49,251/acre
Office & Commercial $49,251/acre
Placer Ranch
Business Park $20,107/acre
Commercial $22,808/acre
Office & Commercial $22,808/acre
WJU
Office & Commercial $35,719/acre
Light Industrial $10,524/acre
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below. 345

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Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2023
Whitney Ranch Interchange Fees $43,540
Interest Income $27,415
Total Revenues $70,955
Expenditures
Professional Services $0
Total Expenditures $0
Revenues Over (Under) Expenditures $70,955
Beginning Fund Balance as of 07/01/22 $1,447,494
Ending Fund Balance as of 06/30/23 $1,518,449
(E) An identification of each public improvements on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

No identification of public improvements on which fees were expended during the fiscal year.
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

Phase I of the Whitney Ranch Interchange has been completed. A new impact fee study will determine future interchange projects.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

No transfers or loans were made during the fiscal year. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit F

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Whitney Ranch Trunk Sewer Project Fee
Fiscal Year Ending June 30, 2023
For purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Whitney Ranch Trunk Sewer Project Fee - The purpose of the Whitney Ranch Trunk Sewer Project Fee is to further the General Plan goal to ensure that adequate public services and facilities are provided to meet the needs of residents of the City by providing another funding source from new development for capital improvements to serve new development. Fees collected shall be used to finance only the Phase ll Whitney Ranch Offsite Sewer Trunk line.
(B) The amount of the fee.

Land Use Current Fee
Residential (Single and Multi-Family) $268/Unit
Non-Residential $156/1,000 Bldg. Sq. Ft.
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2022
Whitney Ranch Trunk Sewer Project Fees $18,760
General Fund Loaned Resources $1,098,000
Total Revenues $1,116,760
Expenditures
Engineering Allocation $65,000
Whitney Ranch Sewer Project $1,323,282
Interest Expense $15,850
Repayment of General Fund Resources $333,564
Total Expenditures $1,737,696
Revenues Over (Under) Expenditures ($620,936)
Beginning Fund Balance as of 07/01/22 $620,936
Ending Fund Balance as of 06/30/23 $0
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Public Improvements FY 2023
Expenditures
Total Project
Cost as of
06/30/23
% Funded
by Fees
Whitney Ranch Sewer Project $1,388,282 $1,451,780 100%
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

No identification of construction for public improvements. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

Engineering allocation totaled $65,000, accounting for engineering costs associated with the public improvements. Repayment to the General Fund totaled $333,564, accounting for project costs associated with the Whitney Ranch Sewer Project. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit G

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Oak Tree Mitigation Fee
Fiscal Year Ending June 30, 2023
For purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Oak Tree Mitigation Fee - The Oak Tree Mitigation Fee was created to address the decline of oak woodlands due to urbanization through a considered attempt to balance the benefits of preservation and the cost thereof, against the social benefits of private property ownership and development.
(B) The amount of the fee.

Description Current Fee
Removal of a 5 gallon oak tree $30
Removal of a 15 gallon oak tree $96
Removal per one inch of oak tree $96
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2023
Oak Tree Mitigation Fees $48,097
Interest Income $5,892
Total Revenues $53,989
Expenditures
Indirect Cost Allocation $20,730
Park Repair & Maintenance $10,000
Salaries and Benefits $7,635
Sunset Whitney Recreation Area $249,586
Technology Fee $2,719
Professional Services $121,520
Other Expenditures $3,527
Total Expenditures $415,717
Revenues Over (Under)
Expenditures ($361,728)
Beginning Fund Balance as of 7/01/22 $491,039
Ending Fund Balance as of 06/30/23 $129,311
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Public Improvement Expenditures Other
Sources
% Funded
by Fees
Sunset Whitney Recreation Area $249,586 $656,850 35.33% Fund 305 - Oak Tree Mitigation Expenditure Summary
Expenditures for FY 2022 $ Amount
Oak Tree Maintenance Expenditures $166,131
Sunset Whitney Recreation Area $249,586
Total Expenditures $415,717
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

As of the end of fiscal year 2022/23, there are insufficient funds collected to commence construction or acquisition of any incomplete projects. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

Technology fee expense totaled $2,719, accounting for a fair share allocation for e- commerce. Indirect cost allocation totaled $20,730, accounting for central service costs. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit H

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Community and Recreation Facilities Fee
Fiscal Year Ending June 30, 2023
For the purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Community and Recreation Facilities Fee – The Community and Recreation Facilities Impact Fee ("Fees") is to fund construction of improvements and facilities that will be needed to mitigate the impacts of new development on city facilities, and to maintain an acceptable level of public services as the city grows.
(B) The amount of the fee.

Development Fee Current Fees
Residential <600 Square Feet $377/unit
Residential 600-1,000 Square Feet $463/unit
Residential 1,000-1,500 Square Feet $740/unit Residential 1,500-2,500 Square Feet $1,031/unit Residential 2,500-3,500 Square Feet $1,211/unit Residential 3,500+ Square Feet $1,570unit
Residential - Age Restricted $542/unit (C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2023
Public Facilities Impact Fees $3,700
Interest Income $3
Total Revenues $3,703
Expenditures
No expenditures for the FY $0
Total Expenditures $0
Revenues Over (Under) Expenditures $3,703
Beginning Fund Balance as of 07/01/22 $0
Ending Fund Balance as of 06/30/23 $3,703
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(E) An identification of each public improvements on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

No identification of construction for public improvement will commence during the fiscal year.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

No transfers or loans were made during the fiscal year. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
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Exhibit I

CITY OF ROCKLIN
ANNUAL COMPLIANCE REPORT FOR AB 1600
Trail Impact Fee
Fiscal Year Ending June 30, 2023
For the purpose of compliance with Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(A) A brief description of the type of fee in the account or fund.

Trail Impact Fee – The Trail Impact Fee is to fund construction of improvements and facilities that will be needed to mitigate the impacts of new development on city facilities, and to maintain an acceptable level of public services as the city grows. Rocklin’s trails serve and are available to all residents of the City.
(B) The amount of the fee.

Development Fee Current Fees
Residential <600 Square Feet $87/unit
Residential 600-1,000 Square Feet $107/unit Residential 1,000-1,500 Square Feet $171/unit Residential 1,500-2,500 Square Feet $238/unit Residential 2,500-3,500 Square Feet $279/unit
Residential 3,500+ Square Feet $362/unit Residential - Age Restricted $125/unit (C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance Revenues FY 2023
Trail Impact Fees $853
Interest Income $1
Total Revenues $854
Expenditures
No expenditures for the FY $0
Total Expenditures $0
Revenues Over (Under) Expenditures $854
Beginning Fund Balance as of 07/01/22 $0
Ending Fund Balance as of 06/30/23 $854
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No transfers or loans were made during the fiscal year. (H) The amount of refunds made pursuant to subdivision (e) Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.
354
City Council
Staff Report

Subject:

Intention to Annex Rocklin Burger King (APN 364-090-024-000) into Community Facilities District No. 1
Date:

December 12, 2023
Submitted By:

Megan Bressem, Management Analyst
Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin of Intention to Annex Territory to Rocklin Community Facilities District No. 1 (Annexation No. 88) and to Authorize the Levy of Special Taxes Therein (Rocklin Burger King, APN 364-090-024-000).

Background:

Rocklin Burger King, Assessor's Parcel Number 364-090-024-000, is a retail commercial property located on the southwest corner of the intersection of Sunset Boulevard and Pebble Creek Drive. The annexation map is included as Attachment 2 for reference. The development of Rocklin Burger King is conditioned on, among other things, annexation into Community Facilities District (CFD) No. 1.

CFD No. 1 finances the operation and maintenance of fire protection and suppression services and ambulance and paramedic services.

The landowner has submitted a petition and waiver letter for CFD No. 1, which requests the annexations to occur and waives some of the procedural requirements for processing the annexations. With the petitions and waivers, the City Council may adopt the resolution of intention (Attachment 1) at this meeting, and proceed with the public hearing and election, and order the annexation at its regular meeting on January 23, 2024.

Fiscal Impact:

There is no direct fiscal impact to the General Fund from the staff recommendation.

Annexation into CFD No. 1 would allow special taxes to be levied and collected to pay for services provided to the annexation territory.

Item Number 3J.

ATTACHMENTS:

1. Resolution

2. Annexation Map
355
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN OF INTENTION TO ANNEX

TERRITORY TO ROCKLIN COMMUNITY FACILITIES
DISTRICT NO. 1 (ANNEXATION NO. 88)

AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
(Rocklin Burger King, APN 364-090-024-000)
The City Council of the City of Rocklin resolves as follows:

Section 1. The City Council finds that there exists in the City of Rocklin a district known as Rocklin Community Facilities District No. 1 (the "CFD") formed and established pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code (Mello-Roos Community Facilities Act of 1982, Government Code section 53311 et seq. (the "Act")).

Section 2. The City Council further finds that the public convenience and necessity require that certain territory be added to the CFD.

Section 3. The territory included in the existing CFD is as shown on the amended maps thereof filed in Book 1 of Maps of Community Facilities Districts to which maps reference is hereby made. The territory proposed to be annexed to the CFD is as shown on the Annexation Map No. 88 to the CFD on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded in the office of the Placer County Recorder the Annexation Map No. 88 to the CFD, showing the territory to be annexed, within fifteen days of the date of adopting of this resolution. Said territory is commonly known as Rocklin Burger King.

Section 4. The public services authorized for the existing CFD are fire protection and suppression services and ambulance and paramedic services. The services to be provided in the territory proposed to be annexed to the CFD are fire protection and suppression services and ambulance and paramedic services as described in section 3 of Resolution No. 86-102 adopted by the Council on May 27, 1986 ("Resolution of Formation"). It is presently intended that the public services shall be shared without preference or priority by the existing territory in the CFD and the territory proposed to be annexed to the CFD.

Section 5. Except where funds are otherwise available, a special tax sufficient to pay for all such services will be annually levied and collected in the same manner as ordinary ad valorem property taxes on each building within the territory proposed to be annexed to the CFD at the following rates:
a) Single family detached - $250.75
b) Condominium - $250.75
c) Multi-family with up to four units - $376.13
d) Multi-family with five or more units - $788.07
e) Commercial - $328.36
f) Light industrial - $394.04
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Reso. No. 2023-
Section 6. Beginning July 1, 2024 and each July 1 thereafter, the maximum annual tax rates assigned to each building category shall be increased to an amount equal to 103% of the amount in effect in the prior year.

Section 7. No alteration in the special tax rate authorized to be levied in the existing CFD shall be made as a result of the proposed annexation.

Section 8. A public hearing on the matter of the proposed annexation to Rocklin Community Facilities District No. 1, and for consideration and final determination of whether the public interest, convenience and necessity require the annexation of territory to the CFD and the levy of special taxes therein, shall be held on January 23, 2024, at 6:00 P.M. in the City of Rocklin Council Chambers, 3970 Rocklin Road, Rocklin, California.

Section 9. The City Clerk is hereby directed to give notice of the hearing in accordance with sections 53339.4, 53322 and 53322.4 of the Act by publication in the Placer Herald once at least seven (7) days prior to the hearing and by first-class mail to each registered voter and each landowner within the territory proposed to be annexed to the CFD at least 15 days before the hearing. The notice shall be substantially in the form specified in section 53339.4 of the Act.

PASSED AND ADOPTED this 12th day of December, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
357
S49°35'15"W 220.13'
S40°58'58"E 130.16'S49°01'02"W 261.89'
N49°57'05"E 26.01'
N41°13'51"W 134.13'
Δ=68°15'00"R=25.00'L=29.78'
Δ=90°00'00"R=25.00'L=39.27'
S40°58'58"E 925.00'S49°01'02"W 124.95'25'
25' 67'
67'

SUNSET BOULEVARDPEBBLE CREEK DRIVE
N49°57'05"E 24.75'

BASIS OF BEARINGS
MEHRTENCIRCLELOT 32SUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-032 LOT ASUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-048LOT 4SUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-004LOT 3SUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-003LOT 2SUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-002LOT 1SUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-001 S41°13'51"E 44.27'

COPPERVALEWAY
LOT BSUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-049 LOT 31SUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-031 27'27'
LOT ESUBDIVISION NO. SD2014-0004BK DD, PG 76APN: 364-110-052 ANNEXATION MAP NO. 88 OFCOMMUNITY FACILITIES DISTRICT NO. 1ROCKLIN BURGER KINGPARCEL 1, AS SHOWN ON THE PARCEL MAP FOR STANFORD PLAZA PHASE 1C, PARCELMAP NO. DL2017-0006, BEING A PORTION OF THE SE QUARTER OF SECTION 14,TOWNSHIP 11 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN FILED ONAPRIL 16, 2019, IN BOOK 36 OF PARCEL MAPS, AT PAGE 7, PLACER COUNTY RECORDS.CITY OF ROCKLIN COUNTY OF PLACER STATE OF CALIFORNIA BASIS OF BEARINGS:THE CENTER LINE OF SUNSET BOULEVARD, PER PARCELMAP DL2017-0006, FILED IN BOOK 36 OF PARCEL MAPS, ATPAGE 7, PLACER COUNTY RECORDS.TAKEN TO BEAR: NORTH 68°39'17" EAST CITY COUNCIL'S STATEMENTI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OFANNEXATION NO.___ TO THE COMMUNITY FACILITIES DISTRICT NO. ___, CITY OFROCKLIN, COUNTY OF PLACER, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY OFCOUNCIL OF THE CITY OF ROCKLIN, AT A MEETING THEREOF HELD ON THE _____ DAY OF__________, 20___. BY ITS RESOLUTION NO. _____________. HALEY REID ACTING CITY CLERK OF THE CITY OF ROCKLIN RECORDER'S STATEMENTFILED THIS DAY OF ___________________ , 20___ , AT THE HOUR OF __________ ___.M., INBOOK ______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _______,IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF PLACER, STATE OF CALIFORNIA.DOCUMENT NO. ______________________________ RYAN RONCO PLACER COUNTY RECORDERFEE: $__________BY: _____________________________DEPUTY COUNTY RECORDER CITY CLERK'S STATEMENTFILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF ROCKLIN, COUNTY OFPLACER, STATE OF CALIFORNIA, THIS _____ DAY OF __________, 20___. HALEY REID ACTING CITY CLERK OF THE CITY OF ROCKLIN SCALE: 1" = 150'
BASECONSULTING GROUP, INC.1713 11TH STREET, SUITE 1REEDLEY, CA 93654PH:(559) 637-1544 SHEET 1 OF 1
BOOK __ OF COMMUNITY FACILITIES DISTRICT, PAGE ____
NOVEMBER 2023
NOTES:REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED "PROPOSED BOUNDARIESOF COMMUNITY FACILITIES DISTRICT NO. 1, CITY OF ROCKLIN, COUNTY OF PLACER, STATEOF CALIFORNIA", FILED THE 3RD DAY OF APRIL, 1987, AT THE HOUR OF 9:12 A.M. IN BOOK 1OF MAPS OF COMMUNITY FACILITIES DISTRICT, AT PAGE 2, IN THE OFFICE OF THE COUNTYRECORDER OF THE COUNTY OF PLACER, STATE OF CALIFORNIA, WHICH THIS ANNEXATIONMAP AFFECTS.

VICINITY MAP
N.T.S.

PARCEL 1ANNEXATION AREA0.75 ± ACRES
PARCEL 2APN: 364-090-025
DOC NO. 2021-0155145REC. DECEMBER 17, 2021APN:364-090-024 FEET0 4080

SUNSETBOULEVARD
SUNSETBOULEVARDCOPPERVALEDRIVEPEBBLECREEK DRIVESTONEYROADFORDROADSITESTANFORD PLAZA PHASE 1CPARCEL MAP NO. DL2017-0006BOOK 36, PAGE 7 STANFORD PLAZA PHASE 1CPARCEL MAP NO. DL2017-0006BOOK 36, PAGE 7 PARCEL MAP DL 98-03BOOK 29, PAGE 138APN: 364-010-029
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City Council
Staff Report

Subject:

On-Call Professional Engineering Services Contracts
Date:

December 12, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Hunter Young, City Engineer/Deputy Director of Community Development Department:

Community Development
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to Consor North America, Inc. and Authorizing the City Manager to Execute the Agreement.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to Fehr & Peers and Authorizing the City Manager to Execute the Agreement.

C
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to Kimley-Horn and Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

D
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to Lumos & Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

E
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to R.E.Y. Engineers, Inc. and Authorizing the City Manager to Execute the Agreement.

F
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to Whitlock & Weinberger Transportation, Inc. and Authorizing the City Manager to Execute the Agreement.

G
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract for Engineering Services to ZFA Structural Engineers and Authorizing the City Manager to Execute the Agreement.

Background:

As a part of the Fiscal Year 2023/24 Operating Budget implementation, the City Engineer position transitioned from the Public Services Department into the Community Development Department, along with the responsibilities for carrying out Capital Improvement Projects. The City Engineer has identified that there is a lack of in-house expertise and/or on-call contracts for specialized engineering services; therefore, the Community Development Department has determined that there is a need for on-call professional services to provide a host of technical Item Number 3K.

359
services on an as-needed basis.

On August 3, 2023, the City issued a Request for Qualifications (RFQ) soliciting Statements of Qualifications in the following areas of practice and/or disciplines:

Land Development Services
City Surveyor/Land Surveying
Geotechnical Engineering
Environmental Services
Civil Engineering
Structural/Bridge Engineering
Project Management
Traffic/Transportation Engineering

The City received 30 proposals from qualified engineering firms. Each firm was required to identify their top three disciplines for which they would solicit work. An internal review panel from the Community Development Department evaluated the proposals on the basis of experience and qualifications of the firm, understanding of the services proposed, and completeness of the proposal and any supporting documents. After reviewing the Statements of Qualifications and comparing these against the City’s various needs in each engineering discipline, there are 25 firms that staff would recommend retaining on an on-call basis, such that each engineering discipline has multiple firms from which staff may select a consultant. If approved, these contracts will allow the City to:

Provide consistent services when workloads temporarily exceed the capacity of in-house staff.

Provide for emergency response needs such as to address landslides, storm drain/culvert assessments, or structural analysis of buildings.

Augment City staff in which a consultant will act in the role of staff while managing other design consultants.

Avoid issuing a separate Request for Proposals (RFPs) for each and every project listed in the City Council-approved Capital Improvement Program (CIP) thereby reducing staff time to retain engineering professionals and expediting project delivery. It should be noted that separate RFPs will be issued for federally funded projects, which contract types have additional requirements not factored into the current RFQ process.

Enhance cross-departmental coordination in which staff from all departments, most notably Public Services and Parks and Recreation, will have access to utilize these contracts for project delivery.

Incorporate the recommendation in the Community Development Organizational Assessment to have on-call contracts to accommodate temporary increases in workload.

Each time a CIP project or other task requiring engineering assistance becomes necessary, staff will negotiate scope and fee to be issued as part of a purchase order. The value of purchase orders will not exceed available budgets, nor will the aggregate dollar value of all purchase orders exceed the maximum contract value each fiscal year. Consultants will only be permitted to bill for actual time and materials spent performing work within the agreed upon scope and fee.

At this time, staff recommends approval of seven contracts covering the disciplines of traffic engineering, bridge maintenance, and land surveying. Currently known projects that require 360
these disciplines include the following: design of the parking lost extension at Whitney Community Park to accommodate the users of the bike pump track, creation of a bridge preventative maintenance program in coordination with Caltrans, and land surveying services to review and approve of parcel maps or other surveying tasks requiring this specialized service.

Over the next few City Council meetings, staff will bring additional on-call contracts before the City Council for consideration.

In order to provide the greatest level of flexibility, staff recommends each contract include a not-to-exceed amount of $400,000 per fiscal year for each of the three years included in the base contract. Additionally, staff recommends granting the City Manager the authority to extend each contract for up to two additional one-year terms at the same dollar amount per fiscal year, allowing for a maximum contract length of five years.

Fiscal Impact:

Although each contract has an annual not-to-exceed contract ceiling of $400,000, there is no fiscal impact associated with approval of the recommended on-call professional services contracts, as the cost of supplies and services will be paid for from the individual department’s approved operating budget or from the CIP project budgets.

ATTACHMENTS:

1. Resolution A - Consor North America, Inc.

2. Resolution A Exhibit A - Consor North America, Inc. Contract

3. Resolution B - Fehr & Peers

4. Resolution B Exhibit A - Fehr & Peers Contract

5. Resolution C - Kimley-Horn and Associates, Inc.

6. Resolution C Exhibit A - Kimley-Horn and Associates, Inc. Contract

7. Resolution D - Lumos & Associates, Inc.

8. Resolution D Exhibit A - Lumos & Associates, Inc. Contract

9. Resolution E - R.E.Y. Engineers, Inc.

10. Resolution E Exhibit A - R.E.Y. Engineers, Inc. Contract

11. Resolution F - Whitlock & Weinberger Transportation, Inc.

12. Resolution F Exhibit A - Whitlock & Weinberger Transportation, Inc. Contract

13. Resolution G - ZFA Structural Engineers

14. Resolution G Exhibit A - ZFA Structural Engineers Contract 361
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO CONSOR NORTH AMERICA, INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Consor North America, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and
WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to Consor North America, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
362
ATTEST:
___________________________
Haley Reid, Acting City Clerk
363

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Consor North America, Inc. “Contractor,” who mutually agree as follows:

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of Four Hundred Thousand Dollars ($400,000) per fiscal year of the contract period . The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings. Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
364
Contract for On-Call Services
Consor North America, Inc.
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 365
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3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.

B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement;
iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 366
Contract for On-Call Services
Consor North America, Inc.
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS:

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
367
Contract for On-Call Services
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5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

A. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 368
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6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
369
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7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION COSTS
Contractor shall protect, hold free and harmless, defend and indemnify the Agency, and its officers and employees from liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including reasonable attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, its employees or anyone else employed by the Contractor in the performance of professional design services under this agreement, to the extent of the Contractor’s proportionate percentage of fault. The provisions of this paragraph shall survive termination or suspension of this Contract.

To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Contractor shall protect, hold free and harmless, defend and indemnify the Agency, its Contractors, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Contractor’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Contractor in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the Agency. 370
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8 18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensationas required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
371
Contract for On-Call Services
Consor North America, Inc.
9 1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days for notice of cancellation due to non-payment.

4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions . Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 372
Contract for On-Call Services
Consor North America, Inc.
10 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents. This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious 373
Contract for On-Call Services
Consor North America, Inc.
11 creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

C. Inspection of Records. Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

374
Contract for On-Call Services
Consor North America, Inc.
12 Contractor: Consor North America, Inc.
11017 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

375
Contract for On-Call Services
Consor North America, Inc.
13 CONSOR NORTH AMERICA, INC.

By: _________________________

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
376

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

SCOPE OF SERVICES
The scope of work subject to this Contract involves providing professional services. The services will be on an on-call, as-needed basis. The work assigned will vary; there is no commitment by the City to assign any particular number of projects or amount of work to the Contractor. The City, at the sole discretion of the City Engineer and/or Director of Community Development, may request additional proposals from other Contractors for any projects undertaken by the City.

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
377
Contract for On-Call Services
Consor North America, Inc.
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 378
Contract for On-Call Services
Consor North America, Inc.
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

If the term of the contract is extended beyond the initial three-year term, any requests made by the Contractor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index, or other relevant market data, to justify a price change not to exceed 4%.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
379
Contract for On-Call Services
Consor North America, Inc.
4 380

EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
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.

CONSOR NORTH AMERICA, INC.

By:
381
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR

ENGINEERING SERVICES TO FEHR & PEERS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Fehr & Peers for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and
WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to Fehr & Peers and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
382
ATTEST:
___________________________
Haley Reid, Acting City Clerk
383

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Fehr & Peers “Contractor,” who mutually agree as follows:

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
384
Contract for On-Call Services
Fehr & Peers
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 385
Contract for On-Call Services
Fehr & Peers
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 386
Contract for On-Call Services
Fehr & Peers
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

10. COMPLIANCE WITH ALL LAWS:

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
387
Contract for On-Call Services
Fehr & Peers
5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 388
Contract for On-Call Services
Fehr & Peers
6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
389
Contract for On-Call Services
Fehr & Peers
7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Contractor shall protect, hold free and harmless, defend and indemnify the Agency, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including reasonable attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Contractor’s, or its subcontractors’ or suppliers’, negligent performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Contractor in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all negligent acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the Agency. 390
Contract for On-Call Services
Fehr & Peers
8 18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
391
Contract for On-Call Services
Fehr & Peers
9 1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 392
Contract for On-Call Services
Fehr & Peers
10 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious 393
Contract for On-Call Services
Fehr & Peers
11 creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

394
Contract for On-Call Services
Fehr & Peers
12 Contractor: Fehr & Peers
1013 Galleria Blvd, Ste 255
Roseville, CA 95678

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

395
Contract for On-Call Services
Fehr & Peers
13 FEHR & PEERS
By: _________________________

By: _________________________

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
396

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
397
Contract for On-Call Services
Fehr & Peers
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 398
Contract for On-Call Services
Fehr & Peers
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
399
Contract for On-Call Services
Fehr & Peers
4 400

FEHR & PEERS
By:
401
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO KIMLEY-HORN AND ASSOCIATES, INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Kimley-Horn and Associates, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to Kimley-Horn and Associates, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
402
ATTEST:
___________________________
Haley Reid, Acting City Clerk
403

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Kimley-Horn and Associates, Inc. “Contractor,” who mutually agree as follows:

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
404
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 405
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 406
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

10. COMPLIANCE WITH ALL LAWS:

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
407
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 408
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
409
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract.

These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 410
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
8 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
411
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
9 3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all 412
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no 413
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
11 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Kimley-Horn and Associates, Inc.
555 Capitol Mall, Suite 300
Sacramento, CA 95814

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
414
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
12 I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

KIMLEY-HORN AND ASSOCIATES,
INC.

By: _________________________

415
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
13 CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
416

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
417
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 418
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
419
Contract for On-Call Services
Kimley-Horn and Associates, Inc.
4 420

KIMLEY-HORN AND ASSOCIATES, INC.

By:
421
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO LUMOS & ASSOCIATES, INC. AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Lumos & Associates, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and
WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to Lumos & Associates, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
422
ATTEST:
___________________________
Haley Reid, Acting City Clerk
423

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Lumos & Associates, Inc. “Contractor,” who mutually agree as follows:

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
424
Contract for On-Call Services
Lumos & Associates, Inc.
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 425
Contract for On-Call Services
Lumos & Associates, Inc.
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 426
Contract for On-Call Services
Lumos & Associates, Inc.
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

10. COMPLIANCE WITH ALL LAWS:

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
427
Contract for On-Call Services
Lumos & Associates, Inc.
5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 428
Contract for On-Call Services
Lumos & Associates, Inc.
6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
429
Contract for On-Call Services
Lumos & Associates, Inc.
7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 430
Contract for On-Call Services
Lumos & Associates, Inc.
8 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
431
Contract for On-Call Services
Lumos & Associates, Inc.
9 3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all 432
Contract for On-Call Services
Lumos & Associates, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no 433
Contract for On-Call Services
Lumos & Associates, Inc.
11 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Lumos & Associates, Inc.
3840 El Dorado Hills Blvd., Suite 301
El Dorado Hills, California 95762

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
434
Contract for On-Call Services
Lumos & Associates, Inc.
12 I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

LUMOS & ASSOCIATES, INC.

By: _________________________

435
Contract for On-Call Services
Lumos & Associates, Inc.
13 CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
436

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
437
Contract for On-Call Services
Lumos & Associates, Inc.
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 438
Contract for On-Call Services
Lumos & Associates, Inc.
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
439
Contract for On-Call Services
Lumos & Associates, Inc.
4 440
Contract for On-Call Services
Lumos & Associates, Inc.
5 441
Contract for On-Call Services
Lumos & Associates, Inc.
6 442

LUMOS & ASSOCIATES, INC.

By:
443
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO R.E.Y. ENGINEEERS, INC. AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with R.E.Y. Engineers, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one- year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and
WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to R.E.Y. Engineers, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
444
ATTEST:
___________________________
Haley Reid, Acting City Clerk
445

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and R.E.Y. Engineers, Inc. “Contractor,” who mutually agree as follows:

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
446
Contract for On-Call Services
R.E.Y. Engineers, Inc.
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 447
Contract for On-Call Services
R.E.Y. Engineers, Inc.
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 448
Contract for On-Call Services
R.E.Y. Engineers, Inc.
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

10. COMPLIANCE WITH ALL LAWS:

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
449
Contract for On-Call Services
R.E.Y. Engineers, Inc.
5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 450
Contract for On-Call Services
R.E.Y. Engineers, Inc.
6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
451
Contract for On-Call Services
R.E.Y. Engineers, Inc.
7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 452
Contract for On-Call Services
R.E.Y. Engineers, Inc.
8 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
453
Contract for On-Call Services
R.E.Y. Engineers, Inc.
9 3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all 454
Contract for On-Call Services
R.E.Y. Engineers, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no 455
Contract for On-Call Services
R.E.Y. Engineers, Inc.
11 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: R.E.Y. Engineers, Inc.
905 Sutter Street, Suite 200
Folsom, CA, 95630

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
456
Contract for On-Call Services
R.E.Y. Engineers, Inc.
12 I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

R.E.Y. ENGINEERS, INC.

By: _________________________

457
Contract for On-Call Services
R.E.Y. Engineers, Inc.
13 CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
458

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
459
Contract for On-Call Services
R.E.Y. Engineers, Inc.
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 460
Contract for On-Call Services
R.E.Y. Engineers, Inc.
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
461
Contract for On-Call Services
R.E.Y. Engineers, Inc.
4 462

R.E.Y. ENGINEERS, INC.

By:
463
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR

ENGINEERING SERVICES TO WHITLOCK & WEINBERGER TRANSPORTATION, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Whitlock & Weinberger Transportation, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to Whitlock & Weinberger Transportation, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
464
ATTEST:
___________________________
Haley Reid, Acting City Clerk
465

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Whitlock & Weinberger Transportation, Inc. “Contractor,” who mutually agree as follows:

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
466
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 467
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 468
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

10. COMPLIANCE WITH ALL LAWS:

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
469
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 470
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
471
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 472
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
8 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
473
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
9 3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all 474
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no 475
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
11 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Whitlock & Weinberger Transportation, Inc.
490 Mendocino Avenue, Suite 201
Santa Rosa, CA 95401

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
476
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
12 I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

WHITLOCK & WEINBERGER
TRANSPORTATION, INC.

By: _________________________

477
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
13 CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
478

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
479
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 480
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
481
Contract for On-Call Services
Whitlock & Weinberger Transportation, Inc.
4 482

WHITLOCK & WEINBERGER
TRANSPORTATION, INC.

By:
483
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR

ENGINEERING SERVICES TO ZFA STRUCTURAL ENGINEERS AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Community Development Department has identified the need for on-call professional services to provide a variety of specialized services on an as- needed basis; and
WHEREAS, City staff prepared a Request for Qualifications to provide professional engineering services that was issued on August 3, 2023; and WHEREAS, on August 31, 2023, thirty (30) Statements of Qualifications, which were evaluated and ranked with twenty-five (25) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with ZFA Structural Engineers for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of $400,000 per fiscal year for each year of the contract; and WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating or Capital Improvement Program budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to ZFA Structural Engineers and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 12th day of December, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
, Mayor
484
ATTEST:
___________________________
Haley Reid, Acting City Clerk
485

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and ZFA Structural Engineers “Contractor,” who mutually agree as follows:

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
486
Contract for On-Call Services
ZFA Structural Engineers
2 (1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
(6) Amount of invoice, itemizing all authorized reimbursable expenses; (7) Total billed to date under agreement.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein. 487
Contract for On-Call Services
ZFA Structural Engineers
3 B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against 488
Contract for On-Call Services
ZFA Structural Engineers
4 Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

10. COMPLIANCE WITH ALL LAWS:

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
489
Contract for On-Call Services
ZFA Structural Engineers
5 A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law. 490
Contract for On-Call Services
ZFA Structural Engineers
6 G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict-of-interest code and as directed by the City.
491
Contract for On-Call Services
ZFA Structural Engineers
7 15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 492
Contract for On-Call Services
ZFA Structural Engineers
8 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
493
Contract for On-Call Services
ZFA Structural Engineers
9 3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all 494
Contract for On-Call Services
ZFA Structural Engineers
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

D. Entire Agreement . This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no 495
Contract for On-Call Services
ZFA Structural Engineers
11 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: ZFA Structural Engineers
601 University Avenue, Suite 185
Sacramento, CA 95825

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
496
Contract for On-Call Services
ZFA Structural Engineers
12 I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

ZFA STRUCTURAL ENGINEERS
By: _________________________

By: _________________________

497
Contract for On-Call Services
ZFA Structural Engineers
13 CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
498

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

Project specific scope and fee will be negotiated for each purchase order issued under this agreement.
499
Contract for On-Call Services
ZFA Structural Engineers
2 EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion. Services will be assigned on an as-needed basis. 500
Contract for On-Call Services
ZFA Structural Engineers
3 EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Four Hundred Thousand Dollars ($400,000) per each fiscal year of the contract period, provided sufficient funds for services have been appropriated. Contractor shall bill the City at the billing rates included in this exhibit.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing, (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement.
501
Contract for On-Call Services
ZFA Structural Engineers
4 502

ZFA STRUCTURAL ENGINEERS
By:
503
City Council
Staff Report

Subject:

Whitney Ranch Unit 1: Final Map, Subdivision Improvement Agreement, Subdivision Landscaping Agreement, and Open Space Easement
Date:

December 12, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Lynn Toth, Associate Civil Engineer
Department:

Community Development
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving the Final Map of Whitney Ranch Unit 1 Subdivision/(SD2022-0002) and Approving and Authorizing Execution of a Subdivision Improvement Agreement.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing Execution of a Subdivision Landscaping Agreement of Whitney Ranch Unit 1 Subdivision/(SD2022-0002).

C
.

Adopt a Resolution of the City Council of the City of Rocklin Accepting Grant of Open Space Easement of Whitney Ranch Unit 1 Subdivision/(SD2022-0002).

Background:

The tentative subdivision map for Whitney Ranch Unit 1 Subdivision/(SD2022-0002), was approved by the City Council on May 23, 2023, per Resolution No. 2023-73, allowing the subdivision of the 6.17-acre site into 43 residential lots, one (1) open space lot, one (1) lot for the existing Whitney Ranch Information Center, and three (3) landscape lots.

This project is located at the northwest corner of Bridlewood Drive and Wildcat Boulevard south of the intersection of Whitney Ranch Parkway and Wildcat Boulevard. The owner/applicant (subdivider) is Sunset Ranchos Investors, LLC, a Delaware Limited Liability Company.

Approvals of final maps are procedural in nature and per Section 66474.1 of the Subdivision Map Act, a legislative body shall not deny approval of a final map or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

The map is technically correct. All fees have been paid and conditions of approval have been met. The construction of the improvements associated with this map are partially complete and Item Number 3L.

504
the developer has guaranteed the outstanding items of work with the attached Subdivision Improvement Agreement and Subdivision Landscape Agreement. The map is ready for approval.

Fiscal Impact:

Landscape Lots A, B, and C, and open space lot D are offered for dedication in fee to the City on the Final Map and will be maintained by the City after a Notice of Completion of the improvements and Acceptance of the Public improvements has been issued by the City Council. Maintenance costs for the landscape lots and open space lot will be funded through Community Facilities District No. 5.

ATTACHMENTS:

1. Resolution A - Final Map and Subdivision Improvement Agreement - Whitney Ranch Unit 1

2. Resolution B - Subdivision Landscape Agreement - Whitney Ranch Unit 1

3. Resolution B - Exhibit 1

4. Resolution C - Open Space Easement - Whitney Ranch Unit 1

5. Resolution C - Exhibit 1
505
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING THE FINAL MAP OF
WHITNEY RANCH UNIT 1 SUBDIVISION/(SD2022-0002)

AND APPROVING AND AUTHORIZING EXECUTION

OF A SUBDIVISION IMPROVEMENT AGREEMENT
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby finds as follows:

A. That a tentative subdivision map for a Subdivision known as Whitney Ranch Unit 1 Subdivision/(SD2022-0002) (the "Subdivision") and submitted by Sunset Ranchos Investors, LLC, a Delaware Limited Liability Company (the "Subdivider") was approved subject to certain conditions;
B. That the Subdivider has fully satisfied all said conditions, except for certain Subdivision improvements, if any, that have not been completed and accepted, and as to those improvements Subdivider has executed and provided security for a Subdivision improvement agreement obligating Subdivider to complete the improvements within a specified period of time. Subdivider now desires to record a final map for the Subdivision;
C. That the City Surveyor has reviewed the final map for the Subdivision and has determined that it substantially conforms to the approved tentative map and all conditions and requirements of that approval, and now recommends approval of the final map.

Section 2. The City Council hereby approves the final map for the Subdivision attached hereto as Exhibit A and by this reference incorporated herein, and accepts on behalf of the public the dedication of the easements shown and offered on the final map for the Subdivision, subject to improvement of said easements and acceptance of the easements by the City.

Section 3. The Subdivision improvement agreement attached hereto as Exhibit B and by this reference incorporated herein is hereby approved and the City Manager is authorized and directed to execute the agreement on behalf of the City.

Section 4. The City Clerk is hereby authorized and directed to record the final map for the Subdivision, and all related documents referred to in this Resolution, in the Office of the Placer County Recorder when fully executed and notarized. 506

Page 4 ends

Rocklin City CouncilDecember 12, 2023

Rocklin City Council
December 12, 2023