Agenda packet — Rocklin City Council, January 9, 2024 (part 1 of 2)

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
January
9, 2024

AMENDED AGENDA
Notice of Teleconference Meeting Location:

Calle Acuario E. Ave de Pescador C214

GREG JANDA,

Mayor

JILL GAYALDO,

Vice Mayor

DAVID BASS,

Council Member

KEN BROADWAY,

Council Member

BILL HALLDIN,

Council Member

ALY ZIMMERMANN,

City Manager

DANIEL CUCCHI,

Interim City Attorney

DANIEL CHOE,

City Treasurer

HALEY REID,

Acting City Clerk

HOW TO PARTICIPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.

Speaker identification sheets are available near the entrance of the Council Chambers. For items listed on the agenda, any person may address the City Council at the time the item is considered. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required five minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.

WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council, Public Financing Authority or Successor Agency will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625- 5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.

AUDIO/VISUAL PRESENTATIONS
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.

POSTING OF AGENDA
City Council Regular Meeting Agenda of January
9, 2024
1 The public may listen to audio or view the meeting via live stream at
www.rocklin.ca.us/agendas-minutes
.

For those that do not plan on attending in person, but wish to make a public comment during the meeting, public comments will be accepted in email form up until 3:00 p.m. on the meeting day.

Public comments should be submitted to the City Clerk at [email protected]
.

Emailed public comments will be distributed to City Council and treated as a public record.

Zoom Participation Via Computer Or Smartphone
You can join the meeting from your computer using a web browser or the Zoom software.

You can also join the meeting using the Zoom app on your Apple IOS or Android device.

Click the link below to join the Zoom meeting:

Click here to join this meeting via Zoom
Zoom Participation By Telephone (Audio Only Option)

1. Dial (669) 900-6833

2. When asked for the meeting ID, enter 834 1377 2062#

3. When asked for your participant ID, press # to continue

4. When asked for the meeting password, enter 710248#

5. To inform the City Clerk that you would like to make a public comment, dial *9 to “Raise your hand”. The Clerk will unmute you when it is your turn to speak.

This is an opportunity for public comment for matters not listed on the agenda. Public comment on items listed on the agenda will be taken when the agenda item is called.

1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.

2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration.

In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.

AGENDA

MEETING

INSTRUCTIONS

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL

City Council Regular Meeting Agenda of January
9, 2024
2 2A.

Minutes of the December 12, 2023 Regular Meeting of the City Council 2B.

Appointments to Regional Boards and Committees for Calendar Year 2024 2C.

Appointments to Various Subcommittees, Committees, and Work Groups 2D.

Greater Sacramento Economic Council Market Visit to Germany

Recommendation:

Approve the Minutes of the December 12, 2023 Regular
Meeting of the City Council.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Updating Appointments to the Various Joint Power Agencies, Placer County Committees, Regional Boards, and the City's Architectural Review Committee.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Establishing Councilmember Appointments to Various Subcommittees, Committees, and Work Groups.

Recommendation:

Authorize Travel Expenditure for Vice Mayor Jill Gayaldo to Participate in the Greater Sacramento Economic Council Market Visit to Germany.

City Council Regular Meeting Agenda of January
9, 2024
3 2E.

On-Call Professional Engineering Services Contracts
2F.

Rocklin Road and Interstate 80 Interchange Project - Amendment No. 2 to Contract with Jacobs Engineering Group, Inc.

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 Bureau Veritas 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 Coastland Civil Engineering, LLP 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 Construction Testing Services, 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 Geocon Consultants, 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 Jacobs Engineering Group, 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 Psomas 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 SNG & Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

H
.

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

I
.

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

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Amending a Professional Services Contract for Engineering Design Services for the Rocklin Road and Interstate 80 Interchange Project with Jacobs Engineering Group, Inc. and Authorizing the City Manager to Execute Amendment No. 2.

City Council Regular Meeting Agenda of January
9, 2024
4 2G.

Quarry Park Amphitheater Production Management Agreement

3. SPECIAL PRESENTATIONS
In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters. 3A.

Build Up Rocklin Update
3B.

Heroes 4 Hearts

4. PUBLIC HEARINGS
Public hearings may be reordered by the Mayor with the consent of the legislative body(ies). 4A.

Highlands Parcel A Development Agreement, DA2023-0001 / Vista Oaks Development Agreement, DA2023-0002
4B.

Vacation of a Public Street/ Yankee Hill Road Between the Eastbound and Westbound Tracks of Union Pacific Railroad

5. DISCUSSION ITEMS
Discussion items include oral presentations including those recommending "receive and file". 5A.

City Attorney Appointment and Employment Agreement

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute an Agreement with Ineffable Music Group, Inc., for Production Management at Quarry Park Amphitheater.

Recommendation:

A
.

Conduct a Public Hearing to Consider Testimony.

B
.

Introduce, Waive the Full Reading and Read by Title Only an Ordinance of the City Council of the City of Rocklin Approving a Development Agreement by and between the City of Rocklin and Elliott Homes, Inc., Relative to the Highlands Parcel A Subdivision (Highlands Parcel A Development Agreement / DA2023-0001).

C
.

Guntert, Celia Guntert Wedding, Karen Guntert Adams, and Christian H.

Guntert, as Tenants In Common and Landowners Relative to the Vista Oaks Subdivision (Vista Oaks Development Agreement – DA2023-0002).

Recommendation:

This item is being continued to a future City Council meeting.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Appointing the City Attorney and Authorizing the Mayor to Execute an Employment Agreement with the City Attorney.

City Council Regular Meeting Agenda of January
9, 2024
5 6.

FUTURE AGENDA ITEMS

ADJOURNMENT
City Council Regular Meeting Agenda of January
9, 2024
6 City Council
Staff Report

Subject:

Minutes of the December 12, 2023 Regular Meeting of the City Council Date:

January
9, 2024
Submitted By:

Haley Reid, Acting City Clerk
Department:

City Clerk's Office
Recommendation:

Approve the Minutes of the December 12, 2023 Regular Meeting of the City Council.

Item Number 2A.

ATTACHMENTS:

DRAFT Meeting Minutes - December 12, 2023
7 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 1 | P a g e

REGULAR MEETING OF THE

ROCKLIN CITY COUNCIL
December 12, 2023
GENERAL SESSION at 6:00 p.m.

Council Chambers
3970 Rocklin Road, Rocklin, CA 95677
www.rocklin.ca.us

MEETING MINUTES
-DRAFT-

CALL TO ORDER
Mayor Broadway called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL
Councilmembers: David Bass, Jill Gayaldo, Bill Halldin, Greg Janda, Mayor Ken Broadway

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL
Public comment from Jerry, representing Nor Cal Carpenter’s Union, asked the City Council to reconsider bid/low bid requirements.

Public comment from Eli, a Northern Cal Carpenter Union member, asked to include language requiring area standard wages in bid documents.

1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
City Council Reports
Councilmember Halldin reported attendance at the Western Placer Waste Management Authority (WPWMA) Board meeting last month. He shared his appreciation to the Rocklin Chamber of Commerce for the Annual Tree Lighting. Additionally, he thanked the Chabad of Placer County for its Menorah Lighting ceremony.
8 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 2 | P a g e
Councilmember Gayaldo reported attendance at the Placer County Mosquito & Vector Control board meeting. She reported attendance at the Sacramento Area Council of Governments (SACOG) board meeting. Additionally, she attended a Diwali Celebration in Sacramento, and an event at a Rocklin High School government class as an elected representative and attended the Rocklin High School Career Technical Education pathways program overview, which showcased classes that have dual enrollment with Sierra College. She congratulated the Rocklin High School football team on winning the Northern Section Championship. She also attended the Rocklin Annual Tree Lighting, breakfast with Santa, and the ribbon cutting for Roseville Giving Machine.

Councilmember Bass reported his attendance at the Placer County Flood Control board meeting. He also shared his appreciation to Ken Ghrem on his retirement for many years of service to Placer County.

Mayor Broadway reported attendance at the ribbon cutting for the Giving Machine at Roseville Galleria. He shared that he was appointed as the 2024 Chair to the Placer County Transportation Planning Agency (PCTPA). Additionally, he shared his appreciation to firefighters and Santa for visiting neighborhoods during the Santa Tours and the Rocklin Chamber of Commerce for the Annual Tree Lighting event. Lastly, he attended the Career Technical Education showcase at Rocklin High School with Councilmember Gayaldo.

City Manager Report
City Manager Aly Zimmermann reported city facilities will be closed between December 25 through January 1 for the annual holiday furlough. Police, Fire, and safety will be available as always 24/7 but City facilities City Hall, Corp Yard and Parks building will be closed. She also reported the next regularly scheduled meeting will be January 9, 2024.

2. COUNCIL REORGANIZATION
2A. Nomination and Selection of Mayor
Action: Adopted Resolution 2023-189 of the City Council of the City of Rocklin Appointing a Mayor for the 2023-2024 Term of Office
Motion to nominate Greg Janda as Mayor for the 2023-2024 Term of Office by Councilmember Halldin. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin and Janda
Noes: None

Absent: None
Abstain: None
9 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 3 | P a g e

PUBLIC COMMENT
Bruce Houdesheldt addressed City Council thanking outgoing Mayor Ken Broadway for building strong regional partnerships over this past year. 2B. Nomination and Selection of Vice Mayor
Action: Adopted Resolution No. 2023-190 of the City Council of the City of Rocklin Appointing a Vice Mayor for the 2023-24 Term of Office
Motion to nominate Jill Gayaldo as Vice Mayor for the 2023-2024 Term of Office by Councilmember Halldin. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin and Janda
Noes: None

Absent: None
Abstain: None
2C. Oath of Office for Incoming Mayor and Vice Mayor for the 2023-24 Term of Office Acting City Clerk Reid gave Mayor Janda and Vice Mayor Gayaldo their oath of office. 2D. Recognition of Outgoing Mayor
Mayor Janda presented Councilmember Broadway with a plaque commemorating his time as Mayor.

3. CONSENT CALENDAR
3A. Minutes of the November 13, 2023 Special Meeting of the City Council, November 14, 2023 Regular Meeting of the City Council, and the November 30, 2023 Special Meeting of the City Council
Action: Approved the Minutes of the November 13, 2023 Special Meeting of the City Council, November 14, 2023 Regular Meeting of the City Council, and the November 30, 2023 Special Meeting of the CityCouncil.
3B. City Council Regular Meeting Calendar - January through December 2024 Action: Adopted Resolution No. 2023-191 of the City Council of the City of Rocklin Approving the City Council Regular Meeting Calendar - January through December 2024. 10 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 4 | P a g e
3C. Amend Chapter 10.11 of Title 10 of the Rocklin Municipal Code Action: Adopted Ordinance No. 2023-1175 of the City Council of the City of Rocklin Amending Chapter 10.11 of Title 10 of the Rocklin Municipal Code Regarding Speed Limits within the City of Rocklin.
3D. Agreement with Roseville Housing Authority for Housing Choice Voucher Program Administration
Action: Adopted Resolution No. 2023-192 of the City Council of the City of Rocklin to Authorizing the City Manager to Sign an Agreement between the City of Rocklin and the City of Roseville Housing Authority to Administer the Housing Choice Voucher Program. 3E. Various Personnel Updates
Action:

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. Adopted Resolution No. 2023-193 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.
3F. Accounts Paid List - July to September 2023
Action: Receive the Accounts Paid List for July 1, 2023 to September 30, 2023. 3G. Quarterly Treasurer's Report
Action: Receive the Treasurer's Report for the Quarter Ending September 30, 2023. 3H. Section 115 Trust for Pension Investment Strategy
Action: Receive an Update on the Investment Strategy for the City's Section 115 Trust for Pension.
3I. Development Impact Fee Annual (AB 1600) Reports for Fiscal Year 2022/23 Action: Adopted Resolution No. 2023-194 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
11 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 5 | P a g e
3J. Intention to Annex Rocklin Burger King (APN 364-090-024-000) into Community Facilities District No. 1
Action: Adopted Resolution No. 2023-195 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). 3K. On-Call Professional Engineering Services Contracts Action:

A. Adopted Resolution No. 2023-196 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 theAgreement.

B. Adopted Resolution No. 2023-197 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. Adopted Resolution No. 2023-198 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. Adopted Resolution No. 2023-199 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. Adopted Resolution No. 2023-200 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. Adopted Resolution No. 2023-201 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. Adopted Resolution No. 2023-202 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. 3L. Whitney Ranch Unit 1: Final Map, Subdivision Improvement Agreement, Subdivision Landscaping Agreement, and Open Space Easement
Action:

A. Adopted Resolution No. 2023-203 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. Adopted Resolution No. 2023-204 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. Adopted Resolution No. 2023-205 of the City Council of the City of Rocklin Accepting Grant of Open Space Easement of Whitney Ranch Unit 1 Subdivision/(SD2022- 0002). 12 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 6 | P a g e
3M. Monument Springs Drive Roadway and Bridge Improvements Project (Pulled for discussion and separate vote – see below)
3N. Park Drive Pavement Rehabilitation Project
Action:

A. Adopted Resolution No. 2023-208 of the City Council of the City of Rocklin Awarding a Professional Services Contract for Construction Management Services for the Park Drive Pavement Rehabilitation Project to Ghirardelli Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

B. Adopted Resolution No. 2023-209 of the City Council of the City of Rocklin Awarding a Construction Contract for the Park Drive Pavement Rehabilitation Project to Central Valley Engineering & Asphalt, Inc. and Authorizing the City Manager to Execute the Agreement. 3O. Purchase of Flock Group Inc. Automated License Plate Reader Cameras Action: Adopted Resolution No. 2023-210 of the City Council of the City of Rocklin Authorizing the City Manager to Execute an Agreement with Flock Group Inc. 3P. Amendment No. 3 to the Agreement with R3 Consulting, Inc.

Action: Adopted Resolution No. 2023-211 of the City Council of the City of Rocklin Approving Amendment No. 3 to the Contract for Services with R3 Consulting, Inc. and Authorizing the City Manager to Execute Amendment No. 3.
3Q. Sunset Whitney Recreation Area Building Demolition Project Action: Adopted Resolution No. 2023-212 of the City Council of the City of Rocklin Approving an Increase of the Total Authorized Contract Amount with Double B Demolition, Inc., for the Sunset Whitney Recreation Area Building Demolition Project. 3R. Astound Broadband Powered by WAVE Agreement
Action: Adopted Resolution No. 2023-213 of the City Council of the City of Rocklin Adopting and Authorizing the Agreement with Astound Broadband Powered by WAVE, for Intelligent Transportation System (ITS) Communication and Networking Services and Authorizing the City Manager to Execute an Agreement.
3S. Placer County Ambulance Advisory Committee and Sierra-Sacramento Valley Emergency Medical Services Agency Funding Request Approval.

Action: Adopted Resolution No. 2023-214 of the City Council of the City of Rocklin, Ratifying Approval of Funding From the Placer County Ambulance Advisory Committee and Sierra- Sacramento Valley Emergency Medical Services Agency.
13 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 7 | P a g e
3T. City Hall Gutter and Downspout Replacement Notice of Completion Action: Adopted Resolution No. 2023-215 of the City Council of the City of Rocklin Accepting the Public Work Known as City Hall Gutter and Downspout Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (A Plus Painting).
3U. Police Department Steel Beam/Amphitheater Wood Beam Refinishing Notice of Completion
Action: Adopted Resolution No. 2023-216 of the City Council of the City of Rocklin Accepting the Public Work Known as Police Department Steel Beam/Amphitheater Wood Beam Refinishing, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Valdez Painting, Inc.). 3V. Citywide Fuel Reduction Program
Action:

A. Adopted Resolution No. 2023-217 of the City Council of the City of Rocklin Awarding the Contract for the City of Rocklin 2024 Grazing Services to Blue Tent Farms LLC and Authorizing the City Manager to Execute an Agreement with Blue Tent Farms LLC.

B. Adopted Resolution No. 2023-218 of the City Council of the City of Rocklin Awarding the Contract for the City of Rocklin 2024 Weed and Rubbish Abatement and Authorizing the City Manager to Execute an Agreement with Northern State Contractors, Inc. 3W. Purchase of Two Chevrolet Silverado 1500 Fire Prevention Vehicles Action: Adopted Resolution No. 2023-219 of the City Council of the City of Rocklin Approving and Authorizing the Purchase of Two Chevrolet Silverado 1500 Fire Prevention Vehicles from Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicles From Winner Chevrolet.
3X. ADA Ramp Upgrades and Concrete Services Change Order No. 1 Action: Adopted Resolution No. 2023-220 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Change Order No. 1 with PBM Construction Inc. for the ADA Ramps and Concrete Construction Services Agreement. 3Y. Amendment to Lease Agreement for City of Rocklin Police Substation Action: Adopted Resolution No. 2023-221 of the City Council of the City of Rocklin Authorizing the City Manager to Execute an Amendment to the Lease Agreement with Smithway Rocklin, LLC, Successor In Interest to Smithway Associates,Inc.
14 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 8 | P a g e
3Z. Office of Traffic Safety (OTS) Grant for Selective Traffic Enforcement Program (STEP) Action: Adopted Resolution No. 2023-222 of the City Council of the City of Rocklin Ratifying the Submission of Office of Traffic Safety (OTS) Grant Application for Selective Traffic Enforcement Program (STEP).

Motion to approve Consent Calendar item Nos. 3A – 3L and 3N – 3Z by Councilmember Halldin, seconded by Councilmember Broadway. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE

CONSENT CALENDAR ITEM PULLED FOR DISCUSSION
3M. Monument Springs Drive Roadway and Bridge Improvements Project Action:

A. Adopted Resolution No. 2023-206 of the City Council of the City of Rocklin Awarding a Professional Services Contract for Engineering Design Services for the Monument Springs Drive Roadway and Bridge Improvements Project to Dokken Engineering and Authorizing the City Manager to Execute the Agreement.

B. Adopted Resolution No. 2023-207 of the City Council of the City of Rocklin Awarding a Professional Services Contract for Construction Management Services for the Monument Springs Drive Roadway and Bridge Improvements Project to Consor North America, Inc. and Authorizing the City Manager to Execute the Agreement.

Motion to approve Consent Calendar item No. 3M by Councilmember Broadway, seconded by Vice Mayor Gayaldo. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE
15 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 9 | P a g e

4. SPECIAL PRESENTATIONS
4A. Certificate of Appreciation for Rocklin Citizens
Presented to Daniel McCrossen and William Sanchez, by Mayor Janda and Police Chief Banks.
4B. Placer County Library Update
Mary George, Placer County Librarian provided an updated on the Placer County Library system and the Rocklin branch library.

5. PUBLIC HEARINGS
5A. West Oaks Apartments / Design Review, DR2022-0010, Tentative Parcel Map, DL2023- 0001 and Environmental, ENV2022-0002
Action: Item continued to a future meeting to a date to be determined. 5B. Vacation of a Public Street / Yankee Hill Road Between the Eastbound and Westbound Tracks of Union Pacific Railroad
Action: This item is being continued to the January 9, 2024 City Council Meeting.

6. DISCUSSION ITEMS
6A. Fiscal Year 2023/24 First Quarter: Financial Report, Budget Amendments, and Strategic Plan Update
Action: Adopted Resolution No. 2023-223 of the City Council of the City of Rocklin Accepting the Quarterly Financial Report for the Quarter Ended September 30, 2023, and Amending the Fiscal Year 2023/24 Budget.

Motion to approve Item No. 6A by Councilmember Broadway, seconded by Vice Mayor Gayaldo. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE
6B. Fire Station Architectural and Engineering Services - Award of Contract Action: Adopted Resolution No. 2023-224 of the City Council of the City of Rocklin Authorizing the City Manager to Execute a Contract with COAR Design Group for Architectural and Engineering Services for the Construction of a FireStation. 16 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 10 | P a g e
Motion to approve Item No. 6B by Councilmember Broadway, seconded by Councilmember Halldin. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE
6C. Purchase of One Pierce Type I Fire Engine
Action: Adopted Resolution No. 2023-225 of the City Council of the City of Rocklin Approving the Purchase of One Pierce Type I Fire Engine and Authorizing the City Manager to Execute the Agreement.

Motion to approve Item No. 6C by Councilmember Broadway, seconded by Vice Mayor Gayaldo. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE

7. CITY COUNCIL ACTING AS SUCCESSOR AGENCY
7A. Recognized Obligation Payment Schedule (ROPS) FY 2024/25 Action:

A. Received the City of Rocklin's Successor AgencyRecognized Obligation Payment Schedule for the Period of July 1, 2024 - June 30,2025.

B. Adopted Resolution No. 2023-226 approving City of Rocklin's Successor Agency Recognized Obligation Payment Schedule for the Period of July 1, 2024 - June 30,2025.

Motion to approve Item No. 7A as amended by Councilmember Broadway, seconded by Councilmember Halldin. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE
17 DRAFT Meeting Minutes of December 12, 2023 Rocklin City Council 11 | P a g e

8. FUTURE AGENDA ITEMS
Councilmember Broadway asked the City Manager to research the selection of Mayor and Vice Mayor for upcoming year and offer options (i.e. at the end of the meeting vs. the beginning of the meeting).

ADJOURNMENT
Mayor Janda adjourned the meeting at 8:39 p.m.
18 City Council
Staff Report

Subject:

Appointments to Regional Boards and Committees for Calendar Year 2024
Date:

January
9, 2024
Submitted By:

Haley Reid, Acting City Clerk
Department:

City Clerk's Office
Recommendation:

Item Number 2B.

ATTACHMENTS:

1. Resolution
19 RESOLUTION No. 2024-xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

UPDATING APPOINTMENTS TO THE VARIOUS JOINT POWER AGENCIES, PLACER COUNTY COMMITTEES, REGIONAL BOARDS, AND THE CITY’S ARCHITECTURAL

REVIEW COMMITTEE

The City Council of the City of Rocklin does resolve as follows:

Section 1. The Mayor of the City of Rocklin, with the general support of the City Council of the City of Rocklin, does hereby appoint the individuals named in Exhibit A attached hereto and incorporated her ein by this reference, to various joint power agencies, Placer County committees, and regional boards thereby repealing the provisions of any resolutions in conflict herewith.

PASSED AND ADOPTED this 9th day of January, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Greg Janda, Mayor

ATTEST:

____________________________
Haley Reid, Acting City Clerk
20

Page 1 ends

to Resolution No. 2024-xxx

EXHIBIT A

SECTION 1: APPOINTMENTS TO JOINT POWER AGENCIES, PLACER COUNTY

COMMITTEES, AND REGIONAL BOARDS

NAME APPOINTEE ALTERNATE
Highway 65 Interchange Financing JPA Board Halldin Janda Mosquito Abatement District Gayaldo None
Placer County Air Pollution Control District Board Janda Bass Placer County City Selection Committee (Mayors) Janda Gayaldo Placer County Economic Development Board Halldin Gayaldo Placer County Flood Control and Drainage District
Board
Bass Broadway
Placer County Local Agency Formation Commission Bass *No alternate per LAFCO Placer County Local Community Benefit Committee Halldin Broadway Placer County Solid Waste Task Force Justin Nartker, Staff Kurt Schmiegel, Staff Placer County Transportation Planning Agency Board Broadway Janda Sacramento Area Council of Governments Board Gayaldo Halldin Pioneer Community Energy Janda Bass
South Placer Regional Transportation Authority
Board
Broadway Gayaldo
Western Placer Waste Management Authority Board Halldin Broadway

SECTION 2: APPOINTMENTS TO INTERNAL COMMITTEES

NAME APPOINTEES
Architectural Review Committee
(2 Councilmembers and 2 Planning
Commissioners/Staggered Terms)
2 Year Term (Expires 1/2025)
Councilmember Broadway
Planning Commissioner Barron
2 Year Term (Expires 1/2026)
Councilmember Janda
Planning Commissioner Cortez

21 City Council
Staff Report

Subject:

Appointments to Various Subcommittees, Committees, and Work Groups
Date:

January
9, 2024
Submitted By:

Haley Reid, Acting City Clerk
Department:

City Clerk's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Establishing Councilmember Appointments to Various Subcommittees, Committees, and Work Groups.

Item Number 2C.

ATTACHMENTS:

1. Resolution
22 RESOLUTION No. 2024-xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ESTABLISHING COUNCILMEMBER APPOINTMENTS TO VARIOUS SUBCOMMITTEES,

COMMITTEES, AND WORK GROUPS

The City Council of the City of Rocklin does resolve as follows:

Section 1. The Mayor of the City of Rocklin, with the general support of the City Council of the City of Rocklin, does hereby appoint the individuals named in Exhibit A attached hereto and incorporated her ein by this reference, to various subcommittees, committees, and work groups thereby repealing the provisions of any resolutions in conflict herewith.

PASSED AND ADOPTED this 9th day of January, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Greg Janda, Mayor

ATTEST:

____________________________
Haley Reid, Acting City Clerk
23

Page 1 ends

to Resolution No. 2024-xxx

EXHIBIT A

SECTION 1: APPOINTMENTS TO SUBCOMMITTEES, COMMITTEES, AND WORK GROUPS

NAME APPOINTEES
Economic Development – Business Retention & Expansion
(BRE) Program Task Force
Halldin
Broadway
Energy Alternative Committee Halldin
Bass
Rocklin Unified School District Gayaldo
Bass
Sierra College Halldin
Broadway
South Placer Municipal Utility District (SPMUD) Halldin Broadway
Lincoln/Roseville/Rocklin Janda (Mayor)
Gayaldo (Vice Mayor)
Town of Loomis/Rocklin Gayaldo
Bass
Placer County Homelessness Advisory Committee Halldin
Gayaldo

24 City Council
Staff Report

Subject:

Greater Sacramento Economic Council Market Visit to Germany Date:

January
9, 2024
Submitted By:

Haley Reid, Management Analyst
Department:

City Manager's Office
Recommendation:

Authorize Travel Expenditure for Vice Mayor Jill Gayaldo to Participate in the Greater Sacramento Economic Council Market Visit to Germany.

Background:

The Greater Sacramento Economic Council (GSEC) is hosting a market visit to Germany February 3 - 10, 2024. This trip will visit with Lufthansa, Bosch, Siemens, and SMA Solar.

SMA Solar's United States headquarters is in Rocklin.

The visit is focused on business development opportunities with the Semi-Conductor, Technology, and Clean Energy Industry sectors. Participation in the trip aligns with the Rocklin Economic Development Strategy, which includes focus on business attraction and retention.

The City's Economic Development Strategy emphasizes efforts to attract and retain growing industry sectors in Clean Energy, Technology, and Life Sciences, which are key industry's highlighted in the market visit. Assistant City Manager Sherri Conway, who leads the City's Economic Development efforts, will be attending.

Vice Mayor Jill Gayaldo has expressed interest in participating in the trip. Per City of Rocklin Resolution No. 2017-181,(Attachment 1) international travel for City of Rocklin legislative members must receive pre-approval from the City Council.

Fiscal Impact:

The cost to participate in the trip is $4,500 per attendee, which includes all travel, lodging, and GSEC hosted dinners and events. Although not specifically accounted for in the Fiscal Year 2023/24 Operating Budget for City Council travel/training, the approved budget includes a $5,000 line item for participating in the 2024 Cap-to-Cap event that can be reallocated.

Item Number 2D.

ATTACHMENTS:

1. Resolution No. 2017-181
25 26
27 28
29 30
31 32
City Council
Staff Report

Subject:

On-Call Professional Engineering Services Contracts
Date:

January
9, 2024
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 Bureau Veritas 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 Coastland Civil Engineering, LLP 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 Construction Testing Services, 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 Geocon Consultants, 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 Jacobs Engineering Group, 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 Psomas 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 SNG & Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

H
.

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

I
.

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

Item Number 2E.

33 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 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.

34 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 nine contracts covering the disciplines of land development services, geotechnical engineering, and project management. Currently known projects or tasks that require these disciplines include the following: plan checking services to support private land development, materials testing services for work in construction, and project management support to augment staff resources in managing other consultant teams.

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 or project budgets.

ATTACHMENTS:

1. Resolution A - Bureau Veritas North America, Inc.

2. Resolution A Exhibit A - Bureau Veritas North America, Inc. Contract

3. Resolution B - Coastland Civil Engineering, LLP

4. Resolution B Exhibit A - Coastland Civil Engineering, LLP Contract

5. Resolution C - Construction Testing Services, Inc.

6. Resolution C Exhibit A - Construction Testing Services, Inc. Contract

7. Resolution C Exhibit A Attachment 1 - Construction Testing Services, Inc. Schedule of Fees

8. Resolution D - Geocon Consultants, Inc.

9. Resolution D Exhibit A - Geocon Consultants, Inc. Contract

10. Resolution E - Jacobs Engineering Group, Inc.

11. Resolution E Exhibit A - Jacobs Engineering Group, Inc. Contract

12. Resolution F - PSOMAS

13. Resolution F Exhibit A - PSOMAS Contract

14. Resolution G - SNG & Associates, Inc.

15. Resolution G Exhibit A - SNG & Associates, Inc. Contract

16. Resolution H - Ubora Engineering & Planning, Inc.

17. Resolution H Exhibit A - Ubora Engineering & Planning, Inc. Contract

18. Resolution I - Youngdahl Consulting Group, Inc.

19. Resolution I Exhibit A - Youngdahl Consulting Group, Inc. Contract 35 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO BUREAU VERITAS 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 Bureau Veritas 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 Bureau Veritas 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
36 ATTEST:
___________________________
Haley Reid, Acting City Clerk
37 EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Bureau Veritas 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:
38 Contract for On-Call Services
Bureau Veritas 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. 39 Contract for On-Call Services
Bureau Veritas North America, 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:

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 40 Contract for On-Call Services
Bureau Veritas 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
41 Contract for On-Call Services
Bureau Veritas North America, 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.

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. 42 Contract for On-Call Services
Bureau Veritas North America, 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.

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.

15. MATERIALS CONFIDENTIAL
43 Contract for On-Call Services
Bureau Veritas North America, Inc.
7 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
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 44 Contract for On-Call Services
Bureau Veritas North America, Inc.
8 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:

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.
45 Contract for On-Call Services
Bureau Veritas North America, 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.

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. 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 46 Contract for On-Call Services
Bureau Veritas North America, Inc.
10 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 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 47 Contract for On-Call Services
Bureau Veritas North America, Inc.
11 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

Contractor: Bureau Veritas North America, Inc.
180 Promenade Circle, Suite 150
Sacramento, CA 95834

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.
48 Contract for On-Call Services
Bureau Veritas North America, 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.

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.

BUREAU VERITAS NORTH AMERICA,
INC.

By: _________________________

49 Contract for On-Call Services
Bureau Veritas North America, 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
50 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.
51 Contract for On-Call Services
Bureau Veritas 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. 52 Contract for On-Call Services
Bureau Veritas 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%.

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.

BUREAU VERITAS NORTH AMERICA, INC.

By:
55 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR

ENGINEERING SERVICES TO COASTLAND CIVIL ENGINEERING, LLP 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 Coastland Civil Engineering, LLP 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 Coastland Civil Engineering, LLP 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
56 ATTEST:
___________________________
Haley Reid, Acting City Clerk
57 EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Coastland Civil Engineering, LLP “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:
58 Contract for On-Call Services
Coastland Civil Engineering, LLP
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. 59 Contract for On-Call Services
Coastland Civil Engineering, LLP
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 60 Contract for On-Call Services
Coastland Civil Engineering, LLP
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
61 Contract for On-Call Services
Coastland Civil Engineering, LLP
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. 62 Contract for On-Call Services
Coastland Civil Engineering, LLP
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.
63 Contract for On-Call Services
Coastland Civil Engineering, LLP
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 64 Contract for On-Call Services
Coastland Civil Engineering, LLP
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.
65 Contract for On-Call Services
Coastland Civil Engineering, LLP
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.

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 66 Contract for On-Call Services
Coastland Civil Engineering, LLP
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

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 67 Contract for On-Call Services
Coastland Civil Engineering, LLP
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: Coastland Civil Engineering, LLP
1400 Neotomas Avenue
Santa Rosa, CA 95405

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.
68 Contract for On-Call Services
Coastland Civil Engineering, LLP
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.

COASTLAND CIVIL ENGINEERING,
LLP
By: _________________________

By: _________________________

69 Contract for On-Call Services
Coastland Civil Engineering, LLP
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
70 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.
71 Contract for On-Call Services
Coastland Civil Engineering, LLP
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. 72 Contract for On-Call Services
Coastland Civil Engineering, LLP
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.

COASTLAND CIVIL ENGINEERING, LLP
By:
75 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO CONSTRUCTION TESTING SERVICES, 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 Construction Testing Services, 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 Construction Testing Services, 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
76 ATTEST:
___________________________
Haley Reid, Acting City Clerk
77 EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Construction Testing Services, 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:
78 Contract for On-Call Services
Construction Testing Services, 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. 79 Contract for On-Call Services
Construction Testing Services, 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 80 Contract for On-Call Services
Construction Testing Services, 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
81 Contract for On-Call Services
Construction Testing Services, 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. 82 Contract for On-Call Services
Construction Testing Services, 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.
83 Contract for On-Call Services
Construction Testing Services, 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 84 Contract for On-Call Services
Construction Testing Services, 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.
85 Contract for On-Call Services
Construction Testing Services, 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.

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 86 Contract for On-Call Services
Construction Testing Services, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

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 87 Contract for On-Call Services
Construction Testing Services, 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: Construction Testing Services, Inc.
4400 Yankee Hill Road
Rocklin, CA 95677

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.
88 Contract for On-Call Services
Construction Testing Services, 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.

CONSTRUCTION TESTING
SERVICES, INC.

By: _________________________

89 Contract for On-Call Services
Construction Testing Services, 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
90 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.
91 Contract for On-Call Services
Construction Testing Services, 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. 92 Contract for On-Call Services
Construction Testing Services, 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 as Attachment 1.

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.
93 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.

CONSTRUCTION TESTING SERVICES, INC.

By:
94 95
96 97
98 99
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO GEOCON CONSULTANTS, 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 Geocon Consultants, 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 Geocon Consultants, 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
100
ATTEST:
___________________________
Haley Reid, Acting City Clerk
101

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Geocon Consultants, 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:
102
Contract for On-Call Services
Geocon Consultants, 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. 103
Contract for On-Call Services
Geocon Consultants, 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 104
Contract for On-Call Services
Geocon Consultants, 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
105
Contract for On-Call Services
Geocon Consultants, 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. 106
Contract for On-Call Services
Geocon Consultants, 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.
107
Contract for On-Call Services
Geocon Consultants, 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 108
Contract for On-Call Services
Geocon Consultants, 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.
109
Contract for On-Call Services
Geocon Consultants, 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.

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 110
Contract for On-Call Services
Geocon Consultants, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

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 111
Contract for On-Call Services
Geocon Consultants, 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: Geocon Consultants, Inc.
3160 Gold Valley Drive, Suite 800
Rancho Cordova, California 95742

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.
112
Contract for On-Call Services
Geocon Consultants, 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.

GEOCON CONSULTANTS, INC.

By: _________________________

113
Contract for On-Call Services
Geocon Consultants, 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
114
1733390.1 9959-001

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.
115
Contract for On-Call Services
Geocon Consultants, Inc.
1733390.1 9959-001 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. 116
Contract for On-Call Services
Geocon Consultants, Inc.
1733390.1 9959-001 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.
117
Contract for On-Call Services
Geocon Consultants, Inc.
1733390.1 9959-001 4
118
Contract for On-Call Services
Geocon Consultants, Inc.
1733390.1 9959-001 5
119
1733390.1 9959-001

GEOCON CONSULTANTS, INC.

By:
120
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO JACOBS ENGINEERING GROUP, 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 Jacobs Engineering Group, 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 Jacobs Engineering Group, 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
121
ATTEST:
___________________________
Haley Reid, Acting City Clerk
122

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Jacobs Engineering Group, 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:
123
Contract for On-Call Services
Jacobs Engineering Group, 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. 124
Contract for On-Call Services
Jacobs Engineering Group, 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 125
Contract for On-Call Services
Jacobs Engineering Group, 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
126
Contract for On-Call Services
Jacobs Engineering Group, 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. 127
Contract for On-Call Services
Jacobs Engineering Group, 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.
128
Contract for On-Call Services
Jacobs Engineering Group, 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
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. 129
Contract for On-Call Services
Jacobs Engineering Group, Inc.
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.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
130
Contract for On-Call Services
Jacobs Engineering Group, 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.

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. 131
Contract for On-Call Services
Jacobs Engineering Group, 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.

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 132
Contract for On-Call Services
Jacobs Engineering Group, 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.

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

133
Contract for On-Call Services
Jacobs Engineering Group, Inc.
12 Contractor: Jacobs Engineering Group, Inc.
2485 Natomas Park Drive, Suite 600
Sacramento, CA, 95833

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.

134
Contract for On-Call Services
Jacobs Engineering Group, Inc.
13 JACOBS ENGINEERING GROUP, 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
135

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.
136
Contract for On-Call Services
Jacobs Engineering Group, 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. 137
Contract for On-Call Services
Jacobs Engineering Group, 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.

JACOBS ENGINEERING GROUP, INC.

By:
140
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR

ENGINEERING SERVICES TO PSOMAS 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 Psomas 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 Psomas 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
141
ATTEST:
___________________________
Haley Reid, Acting City Clerk
142

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Psomas “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:
143
Contract for On-Call Services
Psomas
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. 144
Contract for On-Call Services
Psomas
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 145
Contract for On-Call Services
Psomas
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
146
Contract for On-Call Services
Psomas
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. 147
Contract for On-Call Services
Psomas
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.
148
Contract for On-Call Services
Psomas
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, 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. 149
Contract for On-Call Services
Psomas
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.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
150
Contract for On-Call Services
Psomas
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).

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. 151
Contract for On-Call Services
Psomas
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.

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 152
Contract for On-Call Services
Psomas
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

153
Contract for On-Call Services
Psomas
12 Contractor: Psomas
1410 Rocky Ridge Drive, Suite 300
Roseville, CA 95661

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

154
Contract for On-Call Services
Psomas
13 PSOMAS
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
155

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.
156
Contract for On-Call Services
Psomas

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.

PSOMAS
By:
161
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO SNG & 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 SNG & 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 SNG & 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
162
ATTEST:
___________________________
Haley Reid, Acting City Clerk
163

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and SNG & 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:
164
Contract for On-Call Services
SNG & 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. 165
Contract for On-Call Services
SNG & 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 166
Contract for On-Call Services
SNG & 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
167
Contract for On-Call Services
SNG & 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. 168
Contract for On-Call Services
SNG & 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.
169
Contract for On-Call Services
SNG & 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 170
Contract for On-Call Services
SNG & 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.
171
Contract for On-Call Services
SNG & 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.

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 172
Contract for On-Call Services
SNG & Associates, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

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 173
Contract for On-Call Services
SNG & 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: SNG & Associates, Inc.
5776 Stoneridge Mall Road, Suite 365
Pleasanton, CA 94588

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.
174
Contract for On-Call Services
SNG & 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.

SNG & ASSOCIATES, INC.

By: _________________________

175
Contract for On-Call Services
SNG & 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
176

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.
177
Contract for On-Call Services
SNG & 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. 178
Contract for On-Call Services
SNG & 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.

SNG & ASSOCIATES, INC.

By:
181
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO UBORA ENGINEERING & PLANNING, 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 Ubora Engineering & Planning, 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 Ubora Engineering & Planning, 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
182
ATTEST:
___________________________
Haley Reid, Acting City Clerk
183

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Ubora Engineering & Planning, 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:
184
Contract for On-Call Services
Ubora Engineering & Planning, 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. 185
Contract for On-Call Services
Ubora Engineering & Planning, 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 186
Contract for On-Call Services
Ubora Engineering & Planning, 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
187
Contract for On-Call Services
Ubora Engineering & Planning, 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. 188
Contract for On-Call Services
Ubora Engineering & Planning, 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.
189
Contract for On-Call Services
Ubora Engineering & Planning, 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 190
Contract for On-Call Services
Ubora Engineering & Planning, 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.
191
Contract for On-Call Services
Ubora Engineering & Planning, 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.

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 192
Contract for On-Call Services
Ubora Engineering & Planning, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

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 193
Contract for On-Call Services
Ubora Engineering & Planning, 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: Ubora Engineering & Planning, Inc.
2901 Douglas Blvd., Suite 285
Roseville, CA 95661

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.
194
Contract for On-Call Services
Ubora Engineering & Planning, 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.

UBORA ENGINEERING & PLANNING,
INC.

By: _________________________

195
Contract for On-Call Services
Ubora Engineering & Planning, 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
196

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.
197
Contract for On-Call Services
Ubora Engineering & Planning, 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. 198
Contract for On-Call Services
Ubora Engineering & Planning, 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.

UBORA ENGINEERING & PLANNING, INC.

By:
201
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING SERVICES TO YOUNGDAHL CONSULTING GROUP, 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 Youngdahl Consulting Group, 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 Youngdahl Consulting Group, 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 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
202
ATTEST:
___________________________
Haley Reid, Acting City Clerk
203

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on ( ______________ ), by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Youngdahl Consulting Group, 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:
204
Contract for On-Call Services
Youngdahl Consulting Group, 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. 205
Contract for On-Call Services
Youngdahl Consulting Group, 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 206
Contract for On-Call Services
Youngdahl Consulting Group, 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
207
Contract for On-Call Services
Youngdahl Consulting Group, 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. 208
Contract for On-Call Services
Youngdahl Consulting Group, 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.
209
Contract for On-Call Services
Youngdahl Consulting Group, 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 210
Contract for On-Call Services
Youngdahl Consulting Group, 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.
211
Contract for On-Call Services
Youngdahl Consulting Group, 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.

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 212
Contract for On-Call Services
Youngdahl Consulting Group, Inc.
10 required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

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 213
Contract for On-Call Services
Youngdahl Consulting Group, 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: Youngdahl Consulting Group, Inc.
1234 Glenhaven Court
El Dorado Hills, CA 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.
214
Contract for On-Call Services
Youngdahl Consulting Group, 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.

YOUNGDAHL CONSULTING GROUP,
INC.

By: _________________________

215
Contract for On-Call Services
Youngdahl Consulting Group, 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
216

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.
217
Contract for On-Call Services
Youngdahl Consulting Group, 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. 218
Contract for On-Call Services
Youngdahl Consulting Group, 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.
219
Contract for On-Call Services
Youngdahl Consulting Group, Inc.
4 220
Contract for On-Call Services
Youngdahl Consulting Group, Inc.
5 221
222
Contract for On-Call Services
Youngdahl Consulting Group, Inc.
2 223

YOUNGDAHL CONSULTING GROUP, INC.

By:
224
City Council
Staff Report

Subject:

Rocklin Road and Interstate 80 Interchange Project - Amendment No. 2 to Contract with Jacobs Engineering Group, Inc.

Date:

January
9, 2024
Submitted By:

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

Community Development
Recommendation:

Background:

As a result of traffic congestion on Rocklin Road at Interstate 80 (I-80), the City has long considered significant roadway improvements to mitigate congestion. To complete engineering studies, coordinate with stakeholders, perform community engagement, and fulfill environmental requirements per the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), the City Council awarded an engineering design contract to Jacobs Engineering Group, Inc. (Jacobs) on July 27, 2021. The contract was subsequently amended by the City Council on February 14, 2023 to augment the scope of services for preliminary engineering associated with a westbound auxiliary lane on I-80 (Amendment No. 1).

On November 14, 2023, the City Council approved the CEQA environmental document and directed staff to negotiate scope and fee for the City Council-approved design alternative.

Implementing City Council direction, staff met and conferred with Jacobs to negotiate a scope of work for the recommended Amendment No. 2 that includes coordination with stakeholders (i.e., Caltrans, utility owners, etc.), right of way services to acquire necessary real estate, preparation of construction documents (i.e., plans, specifications, and engineer’s estimate), and technical support during the bidding and construction phases.

In particular, Amendment No. 2 would authorize Jacobs to facilitate monthly coordination meetings with Caltrans, maintain regular communication with all impacted utility owners who may be responsible to relocate their facilities, provide appraisals and negotiate the purchase of real estate needed for the project, and prepare the design plans and specifications Item Number 2F.

225
necessary for the public bidding process and construction itself. Jacobs has also included in their scope of work time to support the City with providing clarifications on the plans or responding to questions that naturally arise during construction.

Upon approval of Amendment No. 2, the design team will immediately begin the services identified above. The coordination meetings, design, and real estate acquisition process will last a minimum of two years given the complexity of the project, number of stakeholders involved, and availability of Caltrans staff to review project details throughout the design phase.

Fiscal Impact:

The proposed fee for the additional work under Amendment No. 2 is $4,500,000, which will increase the existing contract with Jacobs from $2,675,000 to $7,175,000.

As part of the City Council-approved 2024-2028 Capital Improvement Program (CIP), $3,100,000 in South Placer Regional Transportation Authority Funds (SPRTA) funds (Fund 240) was estimated for the design phase. However, with the project approved and environmental documents complete, the fee to complete design has been refined to address all Caltrans’ requirements resulting in a higher design cost than originally estimated.

On December 6, 2023, the SPRTA Board of Directors approved additional SPRTA funding necessary for the design phase of the project. As such, SPRTA will fully fund the $4,500,000 associated with the proposed contract amendment.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Jacobs Engineering Group, Inc. Amendment No. 2

3. Resolution Exhibit A Attachment 1 - Scope of Services

4. Resolution Exhibit A Attachment 2 - Schedule of Fees 226
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AMENDING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING DESIGN SERVICES FOR THE ROCKLIN ROAD AND INTERSTATE 80 INTERCHANGE PROJECT WITH JACOBS ENGINEERING GROUP, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2
WHEREAS, the Rocklin Road and Interstate 80 Interchange Project consists of installing roadway, bicycle, and pedestrian improvements, including a pedestrian overcrossing above Interstate 80, in order to reduce congestion and increase non- motorized transportation along Rocklin Road; and
WHEREAS, on July 27, 2021, the City Council awarded a professional services agreement to Jacobs Engineering Group, Inc. (Jacobs) to complete preliminary engineering and environmental documents; and
WHEREAS, on February 14, 2023, the City Council approved Amendment No. 1 for preliminary engineering associated with the westbound Interstate 80 auxiliary lane; and WHEREAS, on November 14, 2023, the City Council approved the environmental document for the project; and
WHEREAS, staff desire to enter into Amendment No. 2 to complete construction documents preparatory to commencing construction; and
WHEREAS, the South Placer Regional Transportation Authority (SPRTA) has allocated sufficient funds to fully support the proposed $4,500,000 fee associated with Amendment No. 2 thereby increasing the Jacobs contract from $2,675,000 to $7,175,000.

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

Section 1. The City Council of the City of Rocklin hereby approves Amendment No. 2 to the contract for engineering design services for the Rocklin Road and Interstate 80 Interchange Project with Jacobs Engineering Group, Inc., and authorizes the City Manager to execute the amendment in substantially the form attached hereto as Exhibit “A” and by this reference incorporated herein.

PASSED AND ADOPTED this 9th day of January, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
227
ATTEST:
____________________________
Haley Reid, Acting City Clerk
228
AMENDMENT NO. 2

TO CONTRACT FOR SERVICES BETWEEN THE CITY OF ROCKLIN
AND JACOBS ENGINEERING GROUP, INC., EFFECTIVE JULY 27, 2021 This Amendment is entered into as of this __________________, by and between the City of Rocklin, a municipal corporation (“City”) and Jacobs Engineering Group, Inc., a California corporation (“Contractor”), who agree as follows:

RECITALS
WHEREAS, Jacobs Engineering Group, Inc. and the City of Rocklin entered into an agreement on July 27, 2021, to provide the Project Approval and Environmental Document (PA&ED) for Rocklin Road/Sierra College Corridor Multimodal Enhancements in an amount not to exceed $1,800,000; and
WHEREAS, Caltrans determined that a westbound auxiliary lane on Interstate 80 from Rocklin Road to State Route 65 was necessary; and
WHEREAS, on February 14, 2023, the City Council approved Amendment No. 1 to increase the scope and fee to provide PA&ED services for the westbound auxiliary lane project; and
WHEREAS, on November 14, 2023, the City Council approved the environmental document for the project and directed staff to negotiate scope and fee for the plans, specifications, and estimate as well as right-of-way acquisition and construction support phases of the project;
WHEREAS, the cost for the additional services is $4,500,000, and staff recommends executing an amendment to the Agreement with Jacobs Engineering Group, Inc. for the additional work; and

AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Contract as follows:

1. Section “2” entitled “Compensation” is amended to increase the not to exceed amount of the Contract from $2,675,000 to $7,175,000.

2. Exhibit “A” is amended to include the additional services set forth in Exhibit “A,” attached hereto, and incorporated herein.

3. Exhibit “B” is amended to include the schedule for the additional services set forth in Exhibit “B,” attached hereto, and incorporated herein.

4. Exhibit “C” is amended to include the fees for the additional services, as set forth in Exhibit “C,” attached hereto, and incorporated herein. 229
Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Contract, the terms of this Amendment will prevail.

Executed as of the date first written above.

CITY OF ROCKLIN:

By: _____________________________
Aly Zimmermann, City Manager
CONTRACTOR:

By: _____________________________
Print Name: Leslie Bonneau__________
Title: Client Account Manager
By: _____________________________
Print Name: Robert Tull_____________
Title: Client Account Manager________
APPROVED AS TO FORM:

By: ____________________________
Daniel Cucchi, Interim City Attorney
ATTEST:

By: ____________________________
Haley Reid, Acting City Clerk
230

EXHIBIT A
Scope of Services - See Attachment 1
231

EXHIBIT B
The Scope of Work identified in Exhibit A will be completed by December 31, 2030. 232

EXHIBIT C
Schedule of Fees – See Attachment 2
Fees for the services described in Exhibit A will be for an amount not to exceed Four Million, Five Hundred Thousand Dollars ($4,500,000), bringing the total project amount to Seven Million, One Hundred and Seventy-Five Thousand Dollars ($7,175,000). 233

Rocklin Road and Interstate 80
Interchange
Plans, Specifications, & Estimates (PS&E),
Right of Way (ROW), and Construction (CON) Support Services City of Rocklin
November 8, 2023

234

Rocklin Road and Interstate 80 Interchange Final Design and Right of Way Client Name: City of Rocklin
Revision Date: November 8, 2023
Project Manager: Luke McNeel-Caird
Prepared By: Jacqueline Nguyen

Jacobs
2485 Natomas Drive
Suite 600
Sacramento, CA 95833

T +1.916.952.3890

www.jacobs.com

235
Rocklin Road and Interstate 80 Interchange

Plans, Specifications, & Estimates (PS&E), Right of Way (ROW), and Construction (CON) Support Services for Rocklin Road and Interstate 80 Interchange Project
This scope includes final design and right of way work for preparation of the Plans, Specifications, & Estimates (PS&E) and right of way (ROW), including bid, award phase services, and design services during construction for the Rocklin Road and Interstate 80 (I-80) Interchange Project (Project). The Project is in Placer County in the City of Rocklin at the Rocklin Road/I-80 interchange. The project limits consist of I-80 at the Rocklin Road interchange (Post Mile 4.1 to 7.5) and along Rocklin Road for 7,900 feet, including painted bike lanes on Rocklin Road from 5th Street to El Don Drive, 1,300 feet on Meyers Street, and 1,200 feet on 5th Street, both from Rocklin Road to the north.

236
Rocklin Road and Interstate 80 Interchange

Contents
Plans, Specifications, & Estimates (PS&E), Right of Way (ROW), and Construction (CON) Support Services for Rocklin Road and Interstate 80 Interchange Project ............................................................................... i

1. Project Management ......................................................................................................................................... 1-1

1.1 Project Management, Coordination, and Communication ................................................................... 1-1

1.2 Monthly Invoicing and Project Schedules ................................................................................................... 1-1

1.3 Quality Control and Quality Assurance ......................................................................................................... 1-2

1.4 Project Development Team Meetings .......................................................................................................... 1-2

1.5 City and Caltrans Coordination Meetings .................................................................................................... 1-2

2. Surveying ............................................................................................................................................................. 2-1

2.1 Pothole Surveys ..................................................................................................................................................... 2-1

2.2 Pre- and Post-construction Record of Surveys ......................................................................................... 2-1

3. Public Outreach .................................................................................................................................................. 3-1

4. Funding Strategy ............................................................................................................................................... 4-1

4.1 Funding Strategy Assistance ............................................................................................................................ 4-1

4.2 Grant Application Assistance ............................................................................................................................ 4-1

5. Utility Coordination ........................................................................................................................................... 5-1

5.1 Utility Impact Resolution .................................................................................................................................... 5-1

5.2 Utility Adjustment and Relocation Coordination ...................................................................................... 5-1

6. Right-of-Way ....................................................................................................................................................... 6-1

6.1 Plats and Legals ..................................................................................................................................................... 6-1

6.2 Right-of-Way Acquisition ................................................................................................................................... 6-1

7. Geotechnical ....................................................................................................................................................... 7-1

7.1 Foundation Reports .............................................................................................................................................. 7-1

7.1.1 Subsurface Exploration and Laboratory Testing ......................................................................... 7-1

7.1.2 Draft and Final Bridge Foundation Reports ................................................................................... 7-2

7.2 Geotechnical Design Reports ........................................................................................................................... 7-3

7.2.1 Project Review, Coordination, Underground Service Alert, Health and Safety Plan, and Permits ......................................................................................................................................................... 7-3

7.2.2 Subsurface Exploration .......................................................................................................................... 7-3

7.2.3 Laboratory Testing .................................................................................................................................. 7-4

7.2.4 Draft and Final Geotechnical Design Reports ............................................................................... 7-4

7.3 Materials Report .................................................................................................................................................... 7-5

8. Environmental .................................................................................................................................................... 8-1

8.1 Phase II Initial Site Assessment........................................................................................................................ 8-1

8.1.1 Project Coordination, Underground Service Alert, Permits, and Site Review ................... 8-1

8.1.2 Subsurface Investigation ....................................................................................................................... 8-1 237
Rocklin Road and Interstate 80 Interchange

iii

8.1.3 Laboratory Testing .................................................................................................................................. 8-2

8.1.4 Asbestos-containing Material and Lead Paint .............................................................................. 8-2

8.1.5 Report ........................................................................................................................................................... 8-2

8.2 California Environmental Quality Act and National Environmental Policy Act Revalidation .. 8-3

9. 35% PS&E ............................................................................................................................................................ 9-1

9.1 Structures Type Selection .................................................................................................................................. 9-1

9.2 35% Plans ................................................................................................................................................................ 9-1

9.3 Prepare 35% Cost Estimates ............................................................................................................................ 9-2

9.4 Supplemental Design Standard Decision Document and Policy Exceptions Memorandums 9-2

9.5 Draft Drainage Report ......................................................................................................................................... 9-2

10. 65% PS&E ......................................................................................................................................................... 10-1

10.1 65% Plans ............................................................................................................................................................. 10-1

10.2 65% Design Level Bridge Plans and Unchecked Structural Design Calculations ..................... 10-2

10.3 Engineer’s Estimates of Probable Construction Cost ........................................................................... 10-3

10.4 Project Specifications and Special Provisions ......................................................................................... 10-3

10.5 Internal Independent Estimate and Constructability Review ............................................................ 10-3

10.6 Drainage and Stormwater Data Report ..................................................................................................... 10-3

10.7 Electrical System and Sign Installation ..................................................................................................... 10-4

10.8 Signing and Striping .......................................................................................................................................... 10-5

10.9 Caltrans Constructability and Safety Review Meeting ......................................................................... 10-5

10.10 Transportation Management Plan (TMP) ................................................................................................. 10-5

11. 95% PS&E ......................................................................................................................................................... 11-1

11.1 95% PS&E ............................................................................................................................................................. 11-1

11.2 95% Drainage and Stormwater Data Report .......................................................................................... 11-1

11.3 95% Transportation Management Plan .................................................................................................... 11-1

12. 100% PS&E ...................................................................................................................................................... 12-1

12.1 Update 95% PS&E for Final 100% Design ............................................................................................... 12-1

12.2 Resident Engineer File ...................................................................................................................................... 12-1

13. Bidding and Award Services ......................................................................................................................... 13-1

14. Services During Construction ....................................................................................................................... 14-1

15. Optional Support Services ............................................................................................................................ 15-1

238
Rocklin Road and Interstate 80 Interchange

1-1

1. Project Management
Jacobs will provide services for the completion of work including the following:

1. Project management, coordination, and communication

2. Monthly invoicing

3. Critical path method scheduling

4. Quality control (QC) and quality assurance (QA)

5. Monthly Project Manager (PM) coordination meetings with City of Rocklin (City) and California Department of Transportation (Caltrans)

6. Monthly Project Development Team (PDT) meetings

1.1 Project Management, Coordination, and Communication Jacobs will perform administrative functions, including filing, word processing, meeting coordination, and mailings. Jacobs will manage the project and coordinate technical design tasks through correspondence, project meetings, and memorandums. Jacobs’ project manager, Luke McNeel-Caird, will be the primary point of contact for the City.

Jacobs will prepare a Project Management Plan (PMP) that will facilitate project management and coordination for the team. The PMP will consist of the project scope, schedule, and budget; team roster and communication plan; project file setup and maintenance; project deliverable and computer-aided design (CADD) production guidelines; invoicing format and requirements; and project progress monitoring requirements. As the project progresses, updates will be provided to the PMP.

Jacobs will prepare a Risk Register based on City and Caltrans requirements to identify, qualitatively analyze, prepare a response strategy, and monitor and control project risks. The Risk Register will be prepared and submitted with each submittal.

Deliverables
 Project Management Plan
 PDT Roster
 Risk Register at 35%, 65%, 95%, and 100% PS&E Submittals

1.2 Monthly Invoicing and Project Schedules
Jacobs will prepare monthly invoices and submit these to the City. The accompanying monthly summary will include current invoice, invoiced to date, contract price, contract remaining, and previously invoiced by task. Out-of-scope work will not be performed without prior written approval from the City.

Jacobs will prepare a critical path method schedule and will maintain the project schedule regularly. The schedule will be prepared with Microsoft Project every 3 months.

Deliverables
 Up to twenty-four (24) monthly invoices
 Up to eight (8) project schedule updates
239
Rocklin Road and Interstate 80 Interchange

1-2

1.3 Quality Control and Quality Assurance
Jacobs will provide the technical resources and QC and QA process for the project. A Quality Management Plan will be prepared for team guidance on the project. Jacobs’ project manager will work with the City, Caltrans, and the PDT to adapt the QC and QA processes, consistent with the Caltrans Quality Management Handbook, to accommodate Caltrans’ available resources during reviews by the Caltrans Functional Units.

The QC and QA task includes providing senior input and support for key deliverables and decision making.

The City reserves the right to obtain copies of Jacobs’ QC and QA reviews for all deliverables. Jacobs will perform QC and QA on deliverables submitted to the City and Caltrans at project milestones, including at the following:
 35% PS&E Submittal
 65% PS&E Submittal
 95% PS&E Submittal
 100% PS&E Submittal
Deliverables
 One (1) Quality Management Plan

1.4 Project Development Team Meetings
The PDT will monitor project progress, identify and solve problems, provide input for the work effort, advise the project manager in directing the course of work oversight, participate in major meetings and hearings, and foster results that will lead to project implementation. The PDT will consist of a group of key interdisciplinary project team members from the City, applicable consultant team members, the Caltrans project manager, and appropriate Caltrans Functional Unit representatives. The PDT will be guided by the policies and procedures required for the planning, processing, and approval of the project, in accordance with City guidance and the Caltrans Project Development Procedures Manual.

Jacobs will coordinate, attend, and document a project kickoff meeting with the PDT including the City, Caltrans, and other key agencies as directed by the City to establish liaison; schedule key milestones; coordinate team and agency expectations; and establish the Project Management Plan, project schedule, and project approach. The discussion will include Caltrans coordination procedures.

The kickoff meeting will be the means of verifying the project scope and schedule to begin the project.

The PDT meetings will serve as the primary forum for reviewing the status of the project and identifying and resolving project issues and will include attendance by up to four Jacobs team members. Jacobs will provide meeting notices; prepare meeting materials, an action item log, and agendas; and attend and prepare meeting summaries for up to 24 monthly PDT meetings to be held in-person at an agreed upon location unless otherwise directed by the City. PDT meetings will be held monthly unless otherwise directed by the City. Technical focus meetings may be held in lieu of PDT meetings as directed by the City.

Deliverables
 Preparation and distribution of meeting materials for up to twenty-four (24) monthly PDT meetings, including kickoff meeting

1.5 City and Caltrans Coordination Meetings
Each month, Jacobs will lead meetings with the City project manager, Caltrans project manager, and consultant project manager to stay aligned on critical action items, make decisions, and collaboratively 240
Rocklin Road and Interstate 80 Interchange

1-3

strategize to keep the project on schedule. Up to 24 meetings will be held via web conference and are anticipated to last 30 minutes.

Deliverables
 Preparation for up to twenty-four (24) PM coordination meetings

241
Rocklin Road and Interstate 80 Interchange

2-1

2. Surveying
The topographic surveys and mapping will be used from the Rocklin Road and I-80 Interchange Project Approval and Environmental Document (PA&ED) as well as supplemented by the City’s Rocklin Road I-80 Auxiliary Lane PA&ED project.

2.1 Pothole Surveys
Wood Rodgers will provide survey support for the proposed pothole locations (up to 50 locations).

This effort includes coordination with the City, Caltrans, and potholing contractor as needed for access and permitting. Scheduling will be based on drilling activities and location.

Deliverables
 Field survey data in MicroStation drawing format

2.2 Pre- and Post-construction Record of Surveys
Wood Rodgers will generate a report that documents survey elements of the project, including control, boundary information (monuments and line work), and property lines. Detailed exhibits showing control point locations, vertical benchmarks, and datum statements will also be generated. Additionally, pre- and post-survey exhibits will be generated to present boundary and property line conditions before and after project completion. Exhibits will document the survey monuments used for the boundary solution and any replacement of those monuments if disturbed or destroyed by the construction of this project. It will also memorialize any new acquisitions required by the project by depicting new property lines and tying them to existing survey monuments.

Deliverables
 Pre- and post-construction record of survey report
 Survey control plan sheets (Caltrans CAD standards)

242
Rocklin Road and Interstate 80 Interchange

3-1

3. Public Outreach
AIM Consulting will provide strategic advice and counsel, review project materials and reports, coordinate with the City and PDT, and monitor team communications. At the beginning of the phase, AIM Consulting will develop and implement a community awareness and education program to create a shared understanding of the project, the project elements, and the community benefits of the project.

The community awareness program will leverage the City’s existing communication links as well as those of community-based organizations and local media to help explain the project. AIM Consulting’s communication professionals will create communication materials such as fact sheets, information brochures, frequently asked questions and digital infographics series, and social media programs that can be published on the City’s social media channels and can be easily shared on other community-based organizations’ social media platforms to highlight the project and community benefits.

AIM Consulting will work with the City and the PDT to continue to maintain a stakeholder database, including name, contact information with preferred method of contact, and potential key concerns and areas of project interest. Stakeholders will include local businesses, community-based organizations, chambers of commerce, and other key destinations such as schools and community centers within the project area as well as active transportation advocacy groups.

AIM Consulting will coordinate and facilitate up to two Key Stakeholder Focus Group meetings including working with Jacobs and City staff to develop meeting agendas and presentation content that are on point and easy to understand. AIM Consulting will engage parties and facilitate a thoughtful discussion that leads to agreements and direction that moves the project forward. The two Key Stakeholder Focus Group meetings will involve the following:
 Meeting #1: Adjacent public agency offices and business/property owners to identify any challenges with the final design prior to construction.
 Meeting #2: Community-based organizations to share information about the project and upcoming construction activities.

AIM Consulting will hold one community open house to provide a forum for community members to provide input on the final design before construction activities begin, with a focus on construction staging and roadway closures that might be needed. If the meeting takes place virtually, AIM Consulting will set up and coordinate the meeting to take place via Zoom. If the meeting takes place in person, AIM Consulting will coordinate and secure the meeting venue. AIM Consulting will provide all meeting supplies including sign-in sheets, name tags, comment cards, board displays, and other printed materials. AIM Consulting will coordinate with the City to develop information materials about the project. AIM Consulting will record all feedback gathered at the community meeting and develop a summary of all feedback.

AIM Consulting will develop a pop-up workshop plan for up to two events. The pop-up workshops will be held at existing community events or meetings and will provide an opportunity for the community to learn about the project and provide their informed input. Suggested locations are Rocklin Elementary School (5025 Meyers Street) and Peter Hill Heritage Park (5251 Front Street). AIM Consulting will develop information materials about the project for each pop-up workshop, which can include board displays, interactive community engagement activities, information fact sheets and brochures, and comment cards.

AIM Consulting will facilitate, plan, provide supplies, and coordinate logistics for the pop-up workshops.

These materials will be available in Spanish and English, and a bi-lingual translator will attend each pop- up workshop. At the conclusion of all workshops, AIM Consulting will develop a comprehensive summary that will include all input obtained, information materials, and photography. The City will be responsible for any venue-related costs for the pop-up workshops.
243
Rocklin Road and Interstate 80 Interchange

3-2

AIM Consulting will continue to maintain content for a project webpage, to be hosted on the City’s website throughout the PS&E phase. Webpage content will include accurate and timely updates to inform community members of important project information and events including public meetings and project document details. Website visitors will be able to access project information such as fact sheets, frequently asked questions, and a construction schedule. Visitors will also be able to provide their contact information to receive electronic project updates.

AIM Consulting will develop outreach materials to inform the community about the project’s design during the PS&E phase. These materials may include information brochures, fact sheets, and frequently asked questions. A consistent template for each collateral item will be developed that is easily updated and sent or distributed through electronic means.

Deliverables
 Two (2) stakeholder meetings
 One (1) community open house
 Two (2) pop-up workshops
 Fact sheet, webpage, and social media content
 Stakeholder Database

244
Rocklin Road and Interstate 80 Interchange

4-1

4. Funding Strategy

4.1 Funding Strategy Assistance
AIM Consulting will use expertise in transportation funding to advise on an effective funding strategy.

Sources considered will include federal funding opportunities included in the Infrastructure Investment and Jobs Act; state programs including Local Partnership Program, Active Transportation Program, Solutions for Congested Corridors Program, Trade Corridor Enhancement Program, and State Transportation Improvement Program/Interregional Transportation Improvement Program; local road funds; existing traffic impact fees; the transportation sales tax being considered for the ballot in South Placer County in 2024; and other potential sources.

AIM will perform the following:
 Provide coordination and translation between the technical information and public outreach to maximize public understanding of the project and build the necessary consensus.  Review grant applications and provide recommendations on ways to classify and frame the project to maximize competitiveness for federal and state grants and other promising funding sources.  Advise how to approach the decision makers, particularly Caltrans and California Transportation Commission, for funding sources, including points to emphasize and leveraging opportunities.  Advise and assist in approaching state and federal elected officials to enlist their support in grant awards and directed funding opportunities.
 Develop and revise, as needed, a one-page project fact sheet to summarize and promote the project benefits in a high-impact format for presentations to funding decision makers.

Deliverables
 Project funding fact sheet
 Matrix identifying grant opportunities with associated calls for applications and due dates

4.2 Grant Application Assistance
Jacobs will develop a strategy to support efforts to pursue various funding sources for the project. Jacobs will provide input to increase the project’s competitiveness to successfully secure various funding opportunities, including Sacramento Area Council of Governments Regional Funding Round, and Senate Bill 1 Local Partnership Program, Solutions for Congested Corridors Program, and Active Transportation Program. Jacobs will assist with preparation of the grant applications, compilation of data inputs, and exhibits. Support for up to three grant applications will be provided as follows:
 Jacobs will assist the City in developing a strategy on how to approach the decision makers, particularly Sacramento Area Council of Governments, California Transportation Commission, Caltrans, and federal agencies, for funding and approvals, including points to emphasize and leveraging opportunities.  Jacobs will draft support letters for key stakeholders to express their support in a way that is most persuasive to decision makers.  Jacobs’ support will include benefit-cost analyses for Senate Bill 1 grants. The benefit-cost analysis for the grant will similarly be managed by Jacobs’ economist, experienced in conducting.  Jacobs’ grant writing and benefit-cost analysis leads will be supplemented by a deep bench of supporting resources who will provide expertise along every step of the grant development process, from project selection and prioritization to strategy, technical editing, and graphic visualizations. 245
Rocklin Road and Interstate 80 Interchange

4-2

Deliverables
 Provide support for a total of three (3) grant applications

246
Rocklin Road and Interstate 80 Interchange

5-1

5. Utility Coordination

5.1 Utility Impact Resolution
Wood Rodgers will provide utility engineering services in conformance with Chapter 13 of the Caltrans Right of Way Manual. A City and Caltrans Encroachment Permit will be obtained by Jacobs for associated field work. The efforts will specifically include the following:
 Conflict identification (“B” letters) – This work includes development of positive location maps, consistent with Caltrans policy; contracting with a positive location team (that is, a “potholer”); updating the utility base map based on the potholing; and preparing utility conflict maps for transmittal to utility owners. This scope of work assumes a total of 43 potholes will be needed to meet Caltrans’ utility positive location policies.
 Liability determination/claim letter (“C” letters).
 Utility certification and a utility policy variance memorandum.

Deliverables
 Utility B and C letters and plans
 Positive location map with utility potholing contractor  Updated utility base files
 Utility tracking matrix

5.2 Utility Adjustment and Relocation Coordination
For existing utilities that need to be adjusted or relocated, Wood Rodgers will coordinate with utility companies for their final utility relocation plans and construction schedule for the relocations prior to or during project construction. Wood Rodgers will prepare conflict maps, report of investigation, notice to owner, and draft utility agreements in accordance with Caltrans Local Assistance Utility Coordination Procedures.

Deliverables
 Utility Conflict maps
 Conflict resolution plans (from utility owners)
 Report of investigations
 Notice to owners
 Utility agreements
 Utility certification
247
Rocklin Road and Interstate 80 Interchange

6-1

6. Right-of-Way

6.1 Plats and Legals
Wood Rodgers will prepare property owner exhibits for up to 11 properties for use during property owner discussions and subsequently for appraisals. Exhibits will be prepared and updated up to three times.

The Consultant Team will attend meetings with property owners and the City to discuss impacts to property. A total of 15 meetings with property owners is assumed. Wood Rodgers will prepare plats and legal descriptions for properties requiring additional ROW easements, including temporary construction easements along the project limits. Documents will be prepared according to City and Caltrans standards and requirements. Wood Rodgers will coordinate with Bender Rosenthal, Inc. (BRI) to set “show- stakes” for up to 11 property owners. “Show-me stakes” will be required to be set at each location up to two times.

The purpose will be for visual impacts of additional ROW acquisitions, easements, TCEs, or proposed improvements. Stakes will be set at angle points and as needed for intervisibility.

Deliverables
 Up to eleven (11) property owner exhibits plus up to three (3) rounds of revisions  Plats and legal descriptions for up to eleven (11) properties  “Show-me stakes” for eleven (11) parcels set up to two (2) times at each location over the course of three (3) separate mobilizations

6.2 Right-of-Way Acquisition
BRI will assist Jacobs and the City with necessary ROW acquisition for the project. Early identification of potential obstacles and a better understanding of the property owner’s concerns will allow BRI to work with the PDT to find an acceptable solution for the property owners but, more importantly, serve the City and accelerate the project schedule. BRI will assist in developing parcel-specific mitigation strategies prior to commencement of acquisition activities.

BRI will prepare an appraisal for the portion of each ownership or parcel to be acquired (including temporary construction easements). The appraisal reports will be a narrative appraisal report that will be prepared in conformance with and subject to the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. BRI has enlisted the expertise of the Sierra West Valuation for Independent Appraisal Reviews. Upon completion of the review, the appraisal and a Uniform Standards of Professional Appraisal Practice (USPAP) Standard 3 and 4-compliant review report will be provided and forwarded to the City for approval of Just Compensation.

Upon completion of the appraisal and establishment of Just Compensation, BRI will develop the contract and conveyance documents to make the offers and acquire the necessary rights. BRI will then meet with the property owners and convey documents until acceptance or impasse is reached. Finally, BRI will prepare a final file for each parcel, ensuring that it has been quality checked and meets state and federal reporting requirements. BRI will deliver documents and checks to the escrow company, review all documents for submittal to escrow companies, review title and escrow documents, and apply extensive acquisition experience so that the project acquires good title and property rights necessary for completion.

BRI will coordinate escrow closings and file all applicable forms and documents with the County Assessor’s Office.

BRI will ensure that all documents including mapping, legal descriptions, deeds, and purchase agreements comply with City and Caltrans standards, and work with Caltrans District 3 Local Assistance as required to obtain Certification.
248
Rocklin Road and Interstate 80 Interchange

6-2

Scope does not include eminent domain to retain any properties.

Deliverables
 Eleven (11) electronic appraisal reports that meet all state and federal standards. Up to two (2) printed and bound copies will be provided upon request
 Eleven (11) electronic appraisal review certificates that meet all state and federal standards  Acquisition of permanent and temporary construction easements from eleven (11) parcels  Completed files on each negotiation, acquisition, and project settlement  Eleven (11) preliminary title reports
 Facilitation of title and escrow support for eleven (11) parcels  Completion of land transfer or dedication of City property to Caltrans, as required  One (1) draft and one (1) Right of Way Certification Document 13-B at certification level 1 or 2, along with all the required accompanying forms and backup documentation

249
Rocklin Road and Interstate 80 Interchange

7-1

7. Geotechnical

7.1 Foundation Reports
Jacobs will prepare separate foundation reports (FRs) for the pedestrian bridge over I-80 and the non- standard retaining walls.

7.1.1 Subsurface Exploration and Laboratory Testing
Jacobs will retain and schedule the following:
 A geotechnical drilling subcontractor to complete the borings.  A traffic control subcontractor who will provide temporary traffic control services during the subsurface exploration program (where necessary) in accordance with the California Manual on Uniform Traffic Control Devices (MUTCD) Typical Applications, or Caltrans Standard Traffic Control Plans and/or a modified traffic control system approved by the permit inspector.  California Highway Patrol to provide the required Construction Zone Enhanced Enforcement services during night work along I-80.
 A private utility locator to clear underground utility conflicts for borings located within Caltrans ROW or on private property. We assume borings within public ROW will be cleared for utilities through USA 811.
 Preparation of a site-specific Health and Safety Plan (HASP) for the subsurface exploration program.

Jacobs will perform the following subsurface exploration plan to provide geotechnical data for preparation of the bridge and non-standard retaining wall FRs:
 I-80/Rocklin Road pedestrian bridge: One boring to a maximum depth of about 70 feet below existing ground surface (bgs) at or near the proposed bent location within the I-80 median (the boring planned in the I-80 median will require night work for two nights), one boring at or near each of the two supports on either side of I-80, and one boring spaced at every other bent or abutment location, where previous boring is not already available, to a maximum depth of about 70 feet bgs. Considering two borings have already been performed near two of the support locations, a total of seven additional borings to a maximum depth of 70 feet are proposed for the pedestrian bridge. If the borings encounter hard rock conditions that require rock coring, the total boring depth will be reduced with a minimum of 30 feet of rock coring.
 Non-standard retaining walls: Two borings spaced approximately 200 to 300 feet apart per wall.

The borings will extend to a depth of 25 feet.
 Jacobs will drill the exploratory borings using a truck- or track-mounted drilling rig equipped for auger and mud rotary drilling and rock coring.  Jacobs will obtain soil samples using standard penetration test or California modified samplers, and 96 millimeter outside hole diameter (HQ) rock core samples at approximate 5-foot intervals. Jacobs will obtain bulk soil samples from the upper 5 feet of the borings.  Jacobs will log the explorations using visual and manual classification methods in general accordance with the Caltrans 2022 Logging Manual. Jacobs will deliver the samples to a laboratory for soil testing.  Upon completion, the borings will be backfilled in accordance with Placer County Environmental Health Department permit requirements. 250
Rocklin Road and Interstate 80 Interchange

7-2

Jacobs will perform the following laboratory tests on selected soil samples obtained from the borings:
moisture content, unit weight, sieve analysis, plasticity index, shear strength (unconfined compression, triaxial compression, and/or direct shear), and soil corrosivity (resistivity, pH, sulfates, and chlorides).

Deliverables
 Subsurface Exploration Plan

7.1.2 Draft and Final Bridge Foundation Reports
Jacobs will perform engineering evaluation/analysis and prepare two FRs, one FR for the use in design and construction of the pedestrian bridge and one FR for the non-standard retaining walls in general accordance with the Caltrans Foundation Reports for Bridges (January 2021). The FRs will include the following:
 Introduction
 Project description
 Exceptions to policies and procedures
 Geotechnical investigation and laboratory testing program  Geotechnical conditions (geology, surface conditions, and subsurface conditions)  Groundwater
 As-built foundation data
 Corrosion evaluation
 Seismic information
− Ground motion hazard includes estimating site shear wave velocity, using the Caltrans acceleration response spectrum [ARS] online tool to develop the design seismic ARS curve, and providing the soil profile classification according to Caltrans Seismic Design Criteria, Version 2.0.  Other seismic hazards including surface fault rupture potential, liquefaction/lateral spreading potential, and seismic slope stability.
 Bridge foundation recommendations
− Discussion of feasible foundation types and foundation type selection. − Foundation data and loading information provided by the structural designer. − Soil parameters used for foundation design.
− Foundation design recommendations including axial pile capacity, lateral pile capacity [L-pile software], foundation settlement estimates, and foundation design recommendations table. − Pile data table.
 Notes for specifications
 Notes for construction
− Site-specific geotechnical/geologic construction considerations. − Recommended construction observations performed by geotechnical engineer of record.  Risk management and limitations.
 Report copy list.
251
Rocklin Road and Interstate 80 Interchange

7-3

 Appendices (vicinity map, geologic map, log of test borings, laboratory test results, ARS curve, and pertinent engineering calculations/software output files).

Jacobs will perform the following:
 Mark exploratory boring locations for Underground Services Alert (USA 811).  Obtain a Placer County Environmental Health Department Boring Permit necessary to complete field work.

Jacobs will submit the draft FRs for design team and agency review, review and respond to comments, and submit the final FRs after receipt of comments.

Deliverables
 Draft Bridge Foundation Report
 Final Bridge Foundation Report
 Draft Retaining Walls Foundation Report
 Final Retaining Walls Foundation Report

7.2 Geotechnical Design Reports
Jacobs will prepare separate geotechnical design reports (GDRs) for the pedestrian bridge over I-80 and the non-standard retaining walls.

7.2.1 Project Review, Coordination, Underground Service Alert, Health and Safety Plan, and Permits
Jacobs will perform the following:
 Mark exploratory boring locations for Underground Services Alert (USA 811).  Coordinate with the City to obtain rights of entry necessary to complete the explorations by providing a drilling work plan and access route information.
 Retain and schedule the following:
− A drilling subcontractor to complete the borings.
− A traffic control subcontractor who will provide temporary traffic control services during the subsurface exploration program (where necessary) in accordance with California MUTCD Typical Applications, Caltrans Standard Traffic Control Plans, and/or a modified traffic control system approved by the permit inspector.
− A private utility locator to clear underground utility conflicts for borings located within Caltrans ROW or on private property. Borings within public ROW will be cleared for utilities through USA 811.
 Prepare a site-specific HASP for the subsurface exploration program.

7.2.2 Subsurface Exploration
Jacobs will perform the following subsurface exploration plan to provide geotechnical data for preparation of the GDRs:
252
Rocklin Road and Interstate 80 Interchange

7-4

 Retaining walls: Two borings to a depth of about 20 feet bgs for retaining wall design. Borings will be spaced approximately every 200 to 300 feet of retaining wall. Three retaining walls are anticipated, requiring six total borings to 20 feet bgs.
 Sign foundations: One boring to a depth of about 35 feet bgs for each sign. Three signs are anticipated:
one Changeable Message Sign (CMS) and two overhead signs, requiring three total borings to 35 feet bgs.
 I-80 on-ramp extension widening: Five borings to a depth of 10 feet bgs. Borings will be spaced approximately every 500 feet of roadway widening.

Jacobs will drill the exploratory borings using a truck- or track-mounted drilling rig equipped for auger drilling. If site access is limited the 5-foot-deep borings may be advanced using a hand auger with samples obtained from auger cuttings and using a hand-driven sampler equipped with steel sample liners. Jacobs will obtain soil samples using standard penetration test or California Modified samplers at approximate 5-foot intervals.

Jacobs will log the explorations using visual and manual classification methods in general accordance with the Caltrans 2022 Logging Manual. Jacobs will deliver the samples to a Geotechnical Laboratory for soil testing. Jacobs will backfill the borings upon completion with neat cement grout to within 5 feet of the surface and will fill the remainder with native cuttings or granular material. Borings through existing pavement will be patched with 8 inches of black dye.

7.2.3 Laboratory Testing
Jacobs will perform the following laboratory tests on selected soil samples obtained from the borings:
moisture content, unit weight, sieve analysis, plasticity index, shear strength (unconfined compression, triaxial compression, and/or direct shear), R-value, and soil corrosivity (resistivity, pH, sulfates, and chlorides).

7.2.4 Draft and Final Geotechnical Design Reports
Jacobs will perform engineering analysis using the field and laboratory data, and prepare separate draft GDRs for the project improvements in general accordance with the Caltrans Geotechnical Manual, Geotechnical Design Reports, February 2021. The draft GDR will include the following:
 Introduction: Project description and policy exceptions (if necessary).  Geotechnical investigation: Geologic mapping, subsurface exploration, and laboratory testing.  Geotechnical conditions: Geology (including aerial photograph review, soil types, geologic units, depth to bedrock, geologic hazards, existing embankment slope stability observations, expansive materials, collapsible soil); surface conditions; subsurface soil and groundwater conditions; and project site seismicity including site seismic parameters, ground motion parameters, fault rupture, liquefaction, lateral spreading, and seismic slope stability analysis parameters.  Geotechnical analysis and design: Project design information, soil engineering properties, geotechnical models and analyses for embankment stability/settlement, and retaining wall design as necessary.  Geotechnical recommendations: Embankments, sign foundations, retaining walls, and general slope erosion control measures. Jacobs will include pavement section recommendations for the roadway improvements outside Caltrans ROW.  Notes for specifications.
 Notes for construction (advisories, construction considerations that influence design, and differing site conditions). 253
Rocklin Road and Interstate 80 Interchange

7-5

 Appendices (vicinity map, geologic map, boring location plan, boring logs, laboratory test results and summary table, photographs, and pertinent calculations/analyses).

Jacobs will submit draft GDRs for agency review, review and respond to comments, and submit final GDRs that addresses the comments. Jacobs will ensure the following:
 Jacobs’ subsurface exploration program includes up to four mobilizations.  Caltrans and the City will allow at least 8 hours of daytime traffic control. Traffic control will not be required while marking for utilities.
 Boring locations will be readily accessible with the proposed drilling equipment (that is, the site will not be too soft to support equipment nor will it have obstructions such as fences, ditches, and irregular topography that prevent access for drilling). Rutting or damage to soil/crops will be repaired by and at the expense of others.  Any potential wetland or biologically/culturally sensitive areas along our proposed access routes and in boring areas will be marked in the field by others prior to drilling so Jacobs can avoid affecting these areas. Jacobs will not be responsible for negative impacts to unmarked wetland or other sensitive areas.

Deliverables
 Draft Geotechnical Design Report
 Final Geotechnical Design Report

7.3 Materials Report
Jacobs assumes that Caltrans will provide pavement design recommendations for the project, including pavement rehabilitation recommendations, using their proprietary CalMe software that is not currently available for use by private consultants. Jacobs’ scope of services for the GDR includes performing R-value tests on near-surface soil samples collected from the borings to provide Caltrans with R-value data for consideration in their design.

Jacobs will evaluate the data obtained for the GDR to prepare and submit a draft Materials Report. The Materials Report will include R-value data for pavement design by Caltrans, and conclusions and recommendations regarding soil corrosivity for new culverts/culvert extensions following current Caltrans guidelines. The Materials Report will include the following sections:
 Scope
 Project description
 General subsurface conditions
 Laboratory testing (soil corrosivity and R-value test summary)  Soil corrosivity (including acceptable pipe materials and minimum gauge thickness for metal culverts)  Limitations
 Site plan with sample locations
 Soil corrosivity design calculations
Jacobs will submit a draft Materials Report for design team and agency review, review and respond to comments, and submit a final Materials Report that incorporates the comments, as necessary. 254
Rocklin Road and Interstate 80 Interchange

7-6

Deliverables
 Draft Materials Report
 Final Materials Report

255
Rocklin Road and Interstate 80 Interchange

8-1

8. Environmental

8.1 Phase II Initial Site Assessment
Blackburn will conduct a Phase II site assessment in general accordance with ASTM International (ASTM) E1903-19 Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process.

8.1.1 Project Coordination, Underground Service Alert, Permits, and Site Review
Blackburn will perform the following:
 Review project plans with the ROW acquisition team.
 Prepare a limited HASP for site investigation.
 Visit the site to mark boring locations for Underground Services Alert notification.  Retain a drilling subcontractor to advance soil borings using direct-push method.  Retain a traffic control subcontractor to provide traffic control services.  Obtain a City Encroachment Permit. We assume the City will waive permit fees and we can operate under Standard Caltrans Plans or CA MUTCD Typical Applications.  Obtain a Placer County Boring Permit.
 Retain a private utility locator to clear borings located outside of City ROW.

Jacobs will obtain a Caltrans Encroachment Permit and provide the required rights of entry to access Assessor’s Parcel Number 045-110-015 to perform the subsurface investigation.

8.1.2 Subsurface Investigation
Blackburn’s engineer or geologist will perform the following:

Direct the drilling subcontractor to core through the existing concrete/asphalt at three locations.

Direct the drilling subcontractor to advance three borings to 10 to 15 feet bgs, or until refusal.  Collect soil samples at five depth intervals below the paved surface:
− 1 to 1.5 feet bgs (directly below pavement section)
− 3 to 3.5 feet bgs
− 7 to 7.5 feet bgs
− 11.5 to 12 feet bgs
− 14.5 to 15 feet bgs
 Collect one groundwater grab sample per boring (if groundwater is encountered).  Label containers with the sample time, date, location, depth, and sampler’s initials.  Clean sampling equipment with an Alconox wash solution and a distilled water rinse between each boring location.
256
Rocklin Road and Interstate 80 Interchange

8-2

 Pack samples in a cooled ice chest and prepare continuous chain-of-custody documentation.  Ship the samples to an accredited analytical laboratory.  Discharge wash and rinse water to the ground surface.  Backfill borings in accordance with Placer County Boring Permit requirements and patch pavement with neat cement (dyed black where necessary to match existing asphalt).  Record photoionization detector readings during drilling and sampling operations to measure volatile chemical concentrations.

8.1.3 Laboratory Testing
The analytical lab will test up to 15 soil samples and 3 water samples for the following:
 Cam-17 Metals by U.S. Environmental Protection Agency (EPA) method 6010B.  Total petroleum hydrocarbons (TPH) as gasoline/diesel/motor oil by EPA method 8015B.  Volatile organic compounds, including benzene, toluene, ethylbenzene, and xylene (BTEX), by EPA method 8260B.

Laboratory QA will consist of method blanks and spiked samples.

8.1.4 Asbestos-containing Material and Lead Paint
The EPA, National Emission Standards for Hazardous Air Pollutants, 40 Code of Federal Regulations Part 61 – Nov. 20, 1990, require structures proposed for demolition or modification be surveyed by a certified inspector for asbestos-containing material (ACM) and lead paint.

Blackburn will retain a California Certified Asbestos Consultant and California Department of Public Health Certified Lead Inspector to evaluate the presence of ACM and lead paint at the existing I-80/Rocklin Road interchange bridge structure. To complete the ACM and lead paint assessment, Blackburn will subcontract a Certified Asbestos Consultant/Certified Lead Inspector to perform the following:
 Perform a visual assessment of the bridge, including sampling suspect materials for ACM and lead.  ACM will be evaluated with the collection of up to 10 bulk samples analyzed for asbestos by polarized light microscopy (PLM).
 Lead paint will be evaluated with the collection of up to three bulk paint chip samples that will be analyzed for lead by flame atomic absorption spectroscopy (AAS).  The subcontractor will prepare a written report that identifies type, location, and estimated quantity of identified suspect ACM or lead materials.

Blackburn will summarize the results in the Phase II Report.

8.1.5 Report
Blackburn will prepare a final Phase II Report that contains the following:
 Scope of services
 Site description
 Subsurface conditions
 Analytical laboratory test results
257
Rocklin Road and Interstate 80 Interchange

8-3

 Conclusions and recommendations
 Limitations and risk mitigation
 Vicinity map
 Site plan showing approximate boring locations
Deliverables
 One final Phase II Report (.pdf)

8.2 California Environmental Quality Act and National Environmental Policy Act Revalidation
Jacobs will prepare a National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) Re-Validation Form including any updates to the project description, environmental analysis, and applicable figures. Jacobs will prepare the draft and draft final NEPA/CEQA Re-Validation Form deliverables, including two rounds of Caltrans comments, and submittal of a final Re-Validation Form.

Since the environmental document did not result in the need for permits, revisions to the project description and project figures will be minimal, and technical studies will not require revisions. The Jacobs environmental team will review each of the 65%, 95%, and 100% design drawings to ensure consistency with environmental requirements. For 95% and 100% design drawings, Caltrans will prepare Standard Special Provisions based on the approved final environmental document. Caltrans will also prepare the Environmental Commitments Record and the Environmental Certification.

258
Rocklin Road and Interstate 80 Interchange

9-1

9. 35% PS&E

9.1 Structures Type Selection
A bridge Type Selection Report will be developed for the project’s selected preferred alternative. Up to three (3) different structure types and construction methods will be incorporated into the Type Selection Report. The recommended bridge type will consider economy, safety, environmental impacts, and aesthetics. The report will be developed in accordance with the requirements of Caltrans’ Bridge Design Aids Manual and requirements outlined in Caltrans’ Office of Special Funded Projects Information and Procedure Guide. The bridge Type Selection Report will include preparation of a General Plan sheet with plan, elevation, and section views, and a Foundation Plan sheet. The plans will be developed in sufficient detail to preview what will be constructed and to develop an order-of-magnitude construction cost estimate.

A retaining wall Type Selection Report will be developed for up to two (2) non-standard plan retaining walls. The report will include a discussion addressing geometrics, geotechnical recommendations, aesthetics, stage construction considerations, and recommended structure types. The retaining wall Type Selection Report will provide a General Plan sheet and an order-of-magnitude construction cost estimate.

Jacobs will respond to up to one round of review comments from City and Caltrans. Jacobs will prepare for and attend a type selection review meeting to discuss foundation requirements, hydrological requirements, falsework requirements, environmental impacts, seismic and aesthetic considerations, traffic handling, staging, and construction costs.

Deliverables
 Responses to up to one (1) round of City and Caltrans comments  Participation in one (1) type selection meeting with Caltrans to address both bridge and retaining wall Type Selection Reports
 Draft and Final Type Selection Reports

9.2 35% Plans
Plans will be prepared in compliance with the Caltrans Plans Preparation Manual and CADD User’s Manual.

The plan set will include the following:
 Title sheet
 Key map
 Survey control diagram
 Typical cross sections  Layouts (50 scale)  Profiles and superelevation diagrams, as needed  Construction details (alignment data)
 Stage construction index sheets
 Diverging Diamond Interchange (DDI) pavement delineation concept drawings 259
Rocklin Road and Interstate 80 Interchange

9-2

A technical workshop will be held with Caltrans Headquarters and District 3 design staff to review design guidance for sign, pavement delineation, lighting, and traffic safety systems of the DDI because there is no current Caltrans guidance.

Deliverables
 35% plans
 Responses to City comments on the 35% design submittal  Responses to Caltrans comments on the 35% design submittal  DDI technical review workshop memorandum

9.3 Prepare 35% Cost Estimates
Jacobs will prepare quantities and unit costs for the 35% design. Approximate quantities for major construction items will be determined and unit costs will be applied based on Caltrans contract cost data and recent applicable bid results.

Deliverables
 35% project cost estimate summary

9.4 Supplemental Design Standard Decision Document and Policy Exceptions Memorandums
Jacobs will prepare a supplemental Design Standard Decision Document (DSDD) for non-standard design elements of the project within Caltrans ROW that were not submitted and approved during PA&ED. The project will be reviewed for the identification of non-standard features in accordance with Caltrans Highway Design Manual, Chapter 80, “Application of Design Standards,” Tables 82.1A and B for Bold and Underlined Standards. Exceptions identified will be included in the DSDD for review and approval by Caltrans. Jacobs will revise the DSDD in response to up to two rounds of Caltrans comments. The DSDD will document up to five new non-standard design exceptions. Jacobs will update and submit a Fact Sheet Exception to Ramp Metering Policy to Caltrans District 3 Office Chief of Traffic Operations to omit the HOV [High-occupancy Vehicle] Ramp Preferential Lanes and California Highway Patrol Ramp Enforcement Areas on the eastbound and westbound on-ramps.

Deliverables
 DSDD (draft and final)
 Responses to up to two (2) rounds of DSDD Caltrans comments  Responses to up to one (1) round of City comments
 Fact Sheet Exception to Ramp Metering Policy (draft and final)  Responses to up to two (2) rounds of Fact Sheet Caltrans comments

9.5 Draft Drainage Report
To document the cross-drainage engineering and design, Jacobs will prepare a 35% draft Drainage Report and submit it along with the 35% PS&E submittal package. This report will use the data developed in the preliminary Drainage Report, prepared by Jacobs during PA&ED phase. The draft Drainage Report is anticipated to include the following:
260
Rocklin Road and Interstate 80 Interchange

9-3

 General offsite and onsite drainage design assumptions.  Existing drainage characteristics.
 General proposed drainage characteristics (both on‐site and off‐site).  Calculations with tabulations of areas, runoff coefficients, time of concentrations rainfall intensity, and runoff.
 Hydraulic calculations for sizing of ditches, drainage piping, inlets, and rip rap.  Drainage basin mapping.
 The 35% drainage report will summarize existing and proposed project conditions. Detailed analysis is limited to cross drainage systems.
 Agencies will provide available engineering information (as-built plans, survey and digital field data, reports, design flows, ROW data, and review conditions) within a reasonable time upon request.  Responses to comments on each subsequent submittal will be incorporated into the next submittal.  Hydrology
− TR-55 and Caltrans regression equations will be used to develop design flows for offsite watersheds.
− Rainfall intensity-duration-frequency curves are readily available. Detailed statistical analysis of rainfall events and continuous simulation modeling are not included.  Hydraulics
− Inlet capacity calculations will be performed using Highway Design Manual and HEC-22 standards, such as, Caltrans’ “On-Drain” calculations spreadsheet. − Storm drain and culvert hydraulic calculations will be performed using a storm water management model or water surface pressure gradient for windows version 14. − Floodplain analysis and detailed river system hydraulic analysis for Secret Ravine is not included. − Stage and temporary drainage systems are not expected to be required. No additional effort is included for temporary drainage systems.

Deliverables
 Draft Drainage Report
 Responses to City comments on the draft Drainage Report  Responses to Caltrans comments on the draft Drainage Report

261
Rocklin Road and Interstate 80 Interchange

10-1

10. 65% PS&E

10.1 65% Plans
Jacobs will further develop the plans to a 65% design level including the sheets listed below:

Sheet Title
Anticipated Sheet
Count
Title Sheet 1 Sheet
Typical Sections 10 Sheets
Key Map 1 Sheet
Survey Control Diagram 1 Sheet
Layouts 10 Sheets
Profiles/Superelevation Diagrams 8 Sheets
Construction Details 30 Sheets
Temporary Water Pollution Control Plan 5 Sheets
Contour Grading 10 Sheets
Drainage Plan 10 Sheets
Drainage Profiles 5 Sheets
Drainage Details 10 Sheets
Drainage Quantities 10 Sheets
Utility Plan 10 Sheets
Construction Area Signs 1 Sheet
Motorist Information Plan/Details and Quantities 8 Sheets Motorist Information Details 1 Sheet
Motorist Information Quantities 1 Sheet
Stage Construction Index Sheets 6 Sheets
Stage Construction and Traffic Handling Plans 36 Sheets Stage Construction Details 5 Sheets
Stage Construction Quantities 5 Sheets
Pavement Delineation Plans 10 Sheets
Pavement Delineation Details 6 Sheets
Pavement Delineation Quantities 2 Sheets
Sign Plans 10 Sheets
Sign Details 15 Sheets
Sign Quantities 6 Sheets
Summary of Quantities 6 Sheets
Roadway Retaining Wall Plans 8 Sheets
262
Rocklin Road and Interstate 80 Interchange

10-2

Sheet Title
Anticipated Sheet
Count
Maintain Existing Planted Area 4 Sheets
Irrigation Plans 6 Sheets
Planting Plans 12 Sheets
Permanent Erosion Control Plans 5 Sheets
Electrical Notes and Abbreviations 1 Sheet
Removing Signal and Lighting Systems (Two Locations) 2 Sheets Signal and Lighting System (Two Locations) 4 Sheets
Modifying Interconnection Conduit and Cable (Signal Interconnect) 4 Sheets Modifying Lighting Systems (Highway Lights) 4 Sheets
Modifying Lighting Systems (City Lights – Rocklin Road) 2 Sheets Lighting System (City Lights – New Pedestrian Trail) 4 Sheets Camera System (Location to Be Determined) 1 Sheet
Modifying Changeable Message Sign Systems (Relocate CMS @ I-80 WB 205+50) 1 Sheet Modifying Camera Systems (Relocate CCTV @ I-80 WB 205+60) 2 Sheets Modifying Ramp Metering Systems (RM @ I-80 WB On-ramp) 2 Sheets Modifying Traffic Monitoring Stations (Relocate TMS @ I-80 WB 188+20) 1 Sheet Electrical Details 15 Sheets
Electrical Quantities 4 Sheets
Bridge Plans 25 Sheets
Structural Retaining Wall Plans 5 Sheets
Log of Test Borings 2 Sheets
CCTV = closed-circuit television RM = Ramp Metering TMS = Traffic Monitoring Stations WB = westbound Deliverables
 65% plans
 Response to City comments on the 65% design submittal  Response to Caltrans comments on the 65% design submittal  Adjudicated responses to one (1) round of City comments on the 35% design submittal  Adjudicated responses to one (1) round of Caltrans comments on the 35% design submittal

10.2 65% Design Level Bridge Plans and Unchecked Structural Design Calculations
Jacobs will prepare unchecked structural calculations and bridge plans developed to a 65% level of completion for the bridge type and configuration approved during the 35% design phase. The plans and 263
Rocklin Road and Interstate 80 Interchange

10-3

calculations will be developed in accordance with Caltrans design standards. The structure type is anticipated to be a cast-in-place concrete box-girder or precast concrete box girder bridge. This submittal will represent a complete, unchecked set of bridge construction documents ready for independent design check.

Deliverables
 65% bridge plans

10.3 Engineer’s Estimates of Probable Construction Cost Jacobs will provide a cost estimate developed to a 65% design level for the project. The engineer’s estimate of probable construction cost for the project will be prepared using the most recent Caltrans cost data that reflect the location of the project and the quantity of each item, as well as any cost data made available by the City.

Deliverables
 Estimate and constructability review memorandum
 65% Basic Engineering Estimating System

10.4 Project Specifications and Special Provisions
Jacobs will prepare an unedited project Special Provisions based on 2022 Caltrans Standard Special Provisions, Caltrans Standard Specifications, and City construction contract standards. For the package outside of Caltrans ROW, City will allow reference to Caltrans Standard Specifications. Caltrans Standard Special Provisions will need to be included in full in the technical specification package.

Deliverables
 65% unedited Special Provisions (.pdf format) for each package

10.5 Internal Independent Estimate and Constructability Review Following preparation of the 65% PS&E package, Jacobs will perform an internal independent estimate and constructability review on the unit prices developed in the engineer’s estimate, the construction schedule, and general constructability of the proposed improvements. Jacobs’ estimators will use the latest Caltrans contract cost data for Placer County and District 3 and, if needed, adjacent district cost data to allow for more comprehensive pricing.

Jacobs will include average yearly escalation according to the Caltrans construction cost indices and forecast.

Jacobs will prepare a memorandum summarizing the low and high range of the unit costs, current market conditions, estimate method, cost resources, major assumptions, and excluded costs.

Deliverables
 One (1) estimate and constructability review memorandum (.pdf format)

10.6 Drainage and Stormwater Data Report
Jacobs will collect and respond to comments from the City and Caltrans on the 35% Draft Drainage Report and incorporate changes into the 65% PS&E Drainage Report. Where comments conflict, Jacobs will meet with the City and Caltrans to resolve comments and identify the appropriate changes needed. 264
Rocklin Road and Interstate 80 Interchange

10-4

In support of the 65% drainage design phase, and subsequent PS&E package submittals, Jacobs will update the draft Drainage Report to document the design, engineering, and analysis. The report will support the drainage plans, profiles, details, and quantities.

Jacobs will prepare a draft PS&E phase Stormwater Data Report (SWDR) based on the drainage and stormwater design. The draft SWDR will be submitted with the 65% phase PS&E submittal. Subsequent submittals will be made with each PS&E submittal. Water quality data will be updated based on the PA&ED phase report. The SWDR will include summary descriptions of the treatment and construction site Best Management Practice (BMP) deployment strategies, and cost estimates commensurate with the design phase. The SWDR will be prepared in accordance with Caltrans standards and templates in place as of the date of the contract, such as, the 2017 Plans Preparation Design Guide.

Jacobs will ensure the following:
 The 65% Draft Drainage Report and subsequent drainage reports will reflect all proposed drainage conditions.
 Treatment BMP design is based on BMPs identified in the PA&ED phase SWDR.  Updates to Caltrans standards after the date of the contract may be promulgated, and project approval may be contingent on implementing new standards.

Deliverables
 65% Drainage Report
 Responses to City comments on the 65% Drainage Report  Responses to Caltrans comments on the 65% Drainage Report  65% Stormwater Data Report
 Responses to City comments on the 65% SWDR
 Responses to Caltrans comments on the 65% SWDR

10.7 Electrical System and Sign Installation
Wood Rodgers will prepare PS&E for installing and modifying the electrical system within the project areas including traffic signals, ramp metering, lighting, closed-circuit television, CMS, and signal interconnect.

The design team will confer with the Caltrans District Electrical Design, Maintenance, and Construction as necessary to confirm project assumptions. Wood Rodgers will perform the design and modification of the electrical systems as necessitated in accordance with the latest Caltrans Standard Plans and Specifications, CA-MUTCD, Roadway Lighting Manual, and Ramp Metering Design Guide. This scope of work anticipates draft submittals review and comment. The design team will address comments from the review and submit a final PS&E set for approval.

Wood Rodgers will prepare the design for the signal installation at I-80/Rocklin Road off-ramp intersection and on-ramp intersections, and relocate existing ramp meters, lighting, and beacons along I- 80 within the project limits. Wood Rodgers will also prepare signing and pavement delineation plans within the project limits. This scope of work assumes no new Intelligent Transportation Systems elements will be installed, nor will existing unaffected signs require upgrade to current reflective sheeting standards.

Anticipated plan sheets are included in the Sheet List provided under Task 10.1. 265
Rocklin Road and Interstate 80 Interchange

10-5

10.8 Signing and Striping
Wood Rodgers will develop plan sheets to a 65% design level. The anticipated sheet count below is based on the project Geometric Approved Design (GAD). Draft Technical Specifications and Engineer Estimates will be included in this submittal.

10.9 Caltrans Constructability and Safety Review Meeting According to Caltrans Design Directive D-18 dated March 23, 2021, all projects with ROW requirements or utility relocations, regardless of scope and complexity, will conduct a staging and constructability review.

Caltrans District 3 staff will take the lead in setting up the meeting and inviting internal staff for the review.

Jacobs will prepare the necessary documents for review. Caltrans will provide a memorandum with comments that need to be addressed; Jacobs will provide a response to each comment for Caltrans files and incorporate any required changes into the proposed alternatives.

Deliverables
 Memorandum to Caltrans with responses from the constructability and safety review meeting  Attendance at one (1) constructability and safety review meeting

10.10 Transportation Management Plan (TMP)
Jacobs will prepare a Draft and Final TMP for the final design and construction sequencing. The TMP will be prepared in accordance with Caltrans and other affected agency standards in order to maintain traffic during construction.

Deliverables
 Draft Transportation Management Plan
 Responses to City comments on the 65% TMP
 Responses to Caltrans comments on the 65% TMP

266
Rocklin Road and Interstate 80 Interchange

11-1

11. 95% PS&E

11.1 95% PS&E
Jacobs will provide a written response to City and Caltrans comments on the 65% design submittal and incorporate reconciled comments into the 95% design. Jacobs will update the PS&E documents to a 95% level of completion based on the agreement and resolution of the City and Caltrans comments.

An independent bridge design check will be performed by an engineer not involved in the initial design of the project. It will consist of a re-analyzation of the bridge, verification of member capacities, and review of the bridge plans and draft Special Provisions. The independent designer will prepare a list of comments to be addressed by the designer. The designer and checker will adjudicate comments and revise plans and calculations accordingly.

Jacobs will further develop the plans to a 95% design level.

Deliverables
 95% plans
 95% Special Provisions
 95% engineers’ cost estimate with bid item list
 Responses to City comments on the 95% design submittal  Responses to Caltrans comments on the 95% design submittal  Adjudicated responses to Caltrans comments on the 65% design submittal  Adjudicated responses to City comments on the 65% design submittal

11.2 95% Drainage and Stormwater Data Report
Jacobs will update the draft Drainage Report and SWDR based on design changes during the 95% design phase.

Assumptions
 Up to one meeting will be required after 95% submittal phases to resolve comments. Jacobs assumes that all comments will be fully resolved after the meeting and will document comments and resolutions in meeting minutes.

Deliverables
 95% Drainage Report
 95% Stormwater Data Report

11.3 95% Transportation Management Plan
Jacobs will update the draft TMP based on design changes during the 95% design phase.

Deliverables
 95% Draft Transportation Management Plan
267
Rocklin Road and Interstate 80 Interchange

11-2

 Responses to City comments on the 95% TMP
 Responses to Caltrans comments on the 95% TMP
268
Rocklin Road and Interstate 80 Interchange

12-1

12. 100% PS&E

12.1 Update 95% PS&E for Final 100% Design
Jacobs will provide a written response to City and Caltrans comments on the 95% design submittal and incorporate reconciled comments into the final 100% design. Jacobs will update the PS&E documents to a final 100% level of completion for submittal to the City. This submittal will represent the final contract documents that will be issued for bid and construction.

Jacobs will prepare a comprehensive three-dimensional model for verifying earthwork quantities. Walls and bridge will not be included in the model. Jacobs will prepare design cross sections as supplemental information for the Resident Engineer and potential contractors. Cross sections will be provided at 100- foot intervals along mainline, 50-foot intervals along ramps, if applicable, and at critical design points.

Deliverables
 Adjudicated response to City comments on the 95% design submittal  Adjudicated response to Caltrans comments on the 95% design submittal  Final 100% plans with cover sheet, stamped and signed by the responsible professional engineer  Final 100% Special Provisions, original stamped and signed by the responsible professional engineers  Final 100% bridge structural design calculations and check calculations, stamped and signed by the responsible professional engineer, for each bridge
 Final 100% engineers cost estimate
 Final 100% bridge quantity and check quantity calculations  Final 100% Drainage Report
 Final 100% Stormwater Data Report
 Final 100% Transportation Management Plan

12.2 Resident Engineer File
A Resident Engineer file will be prepared in accordance with guidance in the Caltrans Project Development Procedures Manual, Appendix GG and will include, but not be limited to, special instructions or information, drawings, falsework assumptions and sketches, quantity calculations and summary sheets, as- built plans of the existing roadways, joint movement rating calculations, and deck contours (4-scale plots and other pertinent information).

A survey file will be prepared in accordance with the Caltrans Project Development Procedures Manual, Appendix QQ. This will include preparation of the project cross sections and slope stake notes.

Deliverables
 Resident Engineer file (.pdf format)
 Survey file

269
Rocklin Road and Interstate 80 Interchange

13-1

13. Bidding and Award Services
Jacobs will support the City during bidding. Jacobs will prepare for and attend the pre-bid meeting. It is assumed the City will advertise the project. Services include:
 Address requests for information (RFIs) from contractors during bidding, providing clarification of proposed design and intent (10 RFIs assumed).
 Prepare and issue design addenda including revised sheets and/or technical specifications (two addenda assumed).
 Evaluate bids received and compare with engineer’s estimate.  Assist the City with post-bid review of required Local Assistance Procedures Manual (LAPM) documentation.
 Only one bid period and one contract will be needed.
 Bid support will occur for up to 4 months.

Deliverables
 Provide support information for pre-bid meeting, answer questions, and provide addenda as needed  Attend one (1) pre-bid meeting
 Provide responses to up to ten (10) RFIs during bidding at 4 hours each  Design addenda drawings and technical specifications (assume three [3] addenda at 80 hours each)  Bid review focusing on unit prices that vary from engineer’s estimate more than 10% and have a significant impact on overall bid price

270
Rocklin Road and Interstate 80 Interchange

14-1

14. Services During Construction
Jacobs will support the City during construction. Jacobs will attend up to 15 site visits to review construction progress with up to three staff at each visit. Jacobs will provide as-needed engineering services to support the City during construction. Jacobs will perform the following:
 Attend transition meeting with City and construction management firm.  Attend pre-construction kickoff meeting.
 Assist with project closeout activities.
 Site Visits: Perform field visits, as necessary and as requested by the City. The 15 site visits may also involve attending weekly construction meetings.
 RFI Response Submittals: Review and respond to RFIs during construction for roadway, drainage, utilities, signing and striping, traffic signals, traffic control, ROW, landscaping, and structures.  Prepare Change Orders: Prepare seven (7) number of change orders at forty (40) number of hours as necessary and as requested.
 Review Shop Drawings: For the bridges and precast reinforced concrete box culverts, review and comment on shop drawings prior to construction.
 Record Drawings: Create a record drawing set at completion of construction based on redlines prepared by the City’s construction management consultant.  Construction Management Services are not included
 Slope Stake Notes are not included
Deliverables
 Responses to up to forty (40) RFIs during construction at 4 hours each.  Up to seven (7) Change Order plan submittals
 Review and approval of shop drawings/submittals (six submittals at 24 hours each assumed).  Attendance at up to 15 site visits with up to three staff each visit.  Complete Record Drawings
271
Rocklin Road and Interstate 80 Interchange

15-1

15. Optional Support Services
Upon written approval from the City, consultant shall develop exhibits, attend meetings, and provide data requests to the City for their use during stakeholder meetings and/or for internal coordination and discussions. Consultant shall provide up to 2,040 hours of as-needed Project support.

272
Jacobs Budget
Rocklin Road and Interstate 80 Interchange
Principal-In-ChargeProject ManagerQA/QCDeputy Project ManagerEngineering LeadSenior Roadway EngineerJunior Roadway Engineer/ Maintenance of TrafficJunior Roadway EngineerRoadway/ Geotechnical CADD TechnicianTraffic Management PlanSpecifications SpecialistSenior Landscape ArchitectJunior Landscape ArchitectLandscape QA/QCLandscape CADDStructures LeadSenior Bridge EngineerBridge EngineerJunior Bridge EngineerStructures CADD TechnicianBonneau, Leslie
McNeel-Caird,
Luke
Reinking,
Lauren
Kellogg,
Ashley
Robinson,
Mike
MacGregor,
Andrew
Nguyen,
Jaqueline
Xie,
Jessica Vejar, Obee
Cabrera Ventura,
Alfredo
Ongawan,
Birgitta
Kringel,
Adam
Alrawi,
Haleem
Kummer,
Shawn Vejar, Obee
Elwood,
Jennifer
Thomure,
Jeff
Bullingham,
Jennifer
Carragher,
Nathan
Walker,
Patrick
Task 1 Project Management 20 400 150 80
Task 2 Surveying 10 20 20 40 20 40
Task 3 Public Outreach 20 200 20 40
Task 4 Funding Strategy 20 200 40 40
Task 5 Utility Coordination 20 40 40 40 60
Task 6 Right-of-Way 120 20 60 40
Task 7 Geotechnical 20 20 20 80 40
Task 8 Environmental 20
Task 9 35% PS&E 20 60 80 80 300 200 250 150 300 100 100 20 20 62 100 8 124 Task 10 65% PS&E 20 120 80 100 400 300 500 250 400 80 200 160 160 40 20 254 400 36 400 Task 11 95% PS&E 20 80 40 60 200 240 240 120 200 60 150 100 100 20 20 198 216 100 242 216 Task 12 100% PS&E 20 140 40 40 160 80 200 100 160 40 100 60 60 10 10 56 46 60 54 76 Task 13 Bidding and Award Services 20 40 20 60 60 60 40 80 40 40 Task 14 Services During Construction 20 220 20 200 100 100 112 128 40 Task 15 Optional Support Services 200 200 200 200
180 1850 280 510 1800 960 1710 700 1520 220 490 440 460 90 70 722 262 788 340 856TOTAL 1 of 3 11/8/2023 2:50 PM 273
Jacobs Budget
Rocklin Road and Interstate 80 Interchange
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
Task 10
Task 11
Task 12
Task 13
Task 14
Task 15
Structures QA/QCH&H/ Stormwater LeadH&H/Drainage TechnicianStormwater TechnicianH&H/ Stormwater CADD TechnicianGeotechnical LeadMaterials ReportGeotechnical QA/QCH&H/ Stormwater QA/QCEnvironmental Lead/ PermittingEnvironmental PlannerEnviornmental QA/QCCost Estimating LeadCost Estimating SupportCost Estimating QA/QCWashington, DC Funding LiasonGrants LeadGrants WriterEconomist B/C AnalysisState Funding Strategy Support Brady, Mark
Huang,
Erin
Ackermann,
Brennan Carr, Sam Vejar, Obee
Mayer,
Andrew Tian, Ping
Harris,
Dean
Henderson,
Rob
Petersen,
Julie
Lauritzen,
Erik
Franck,
Matt Hults, Rick
Eklund,
Jereme
Kamph,
Benjamin
Sarmiento,
Victor Peck, Brian Frank,
Sophie
Wilhelm,
Christopher
Kukreja,
Charu
20 40 200 200 80 40
700 120 140
40 40 20
16 120 200 20 80 20 8
70 250 150 100 150 40 60 16 8
108 200 200 120 200 30 40 8 8
16 150 150 100 150 20 28 8 8
20 8 20
200 200 200 200 200
218 720 700 320 500 700 120 140 110 260 40 20 448 52 32 40 400 400 280 40 2 of 3 11/8/2023 2:50 PM 274
Jacobs Budget
Rocklin Road and Interstate 80 Interchange
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
Task 10
Task 11
Task 12
Task 13
Task 14
Task 15
3D Visual Director3D Modeler Artist3D Modeler Texture2D/3D Motion ArtistBidding Services AdminstrationGraphcisEditor/ Word ProcessorJacobs Labor HoursJacobs Total LaborExpensesAIMTaber DrillingBlackburn ConsultingBender RosenthalWood RodgersTOTAL LABOR & EXPENSES Allison,
Gary
Braxton,
Walter Carr, Sam Lin, Wendy Bridges, LizLoofbourrow,
Jennifer
Brandt,
Celeste
670 155,969$ 10,865$ 166,834 $
150 24,690$ 500 $ 48,000 $ 73,190$
120 400 73,629 $ 3,000$ 42,000$ 118,629 $ 20 200 40 40 120 120 1400 195,990 $ 30,000$ 12,000$ 237,990 $ 200 35,815$ 500 $ 201,000 $ 237,315$
240 53,376$ 500 $ 142,000 $ 90,000$ 285,876$ 40 1180 174,655$ 30,000$ 200,000 $ 404,655 $ 120 18,721$ 3,000$ 31,000 $ 52,721 $
2438 369,883$ 2,500 $ 372,383 $
4764 724,909$ 1,500 $ 376,000 $ 1,102,409$ 3536 530,075$ 1,500 $ 531,575 $
2142 316,128$ 1,500 $ 317,628 $
100 580 89,715 $ 5,000$ 94,715 $
100 1068 199,083 $ 5,000 $ 204,083 $
200 40 2040 299,380 $ 620 $ 300,000 $
20 400 40 40 240 240 160 20,928 3,262,015 $ 95,985 $ 54,000$ 200,000$ 31,000$ 142,000$ 715,000$ 4,500,000$ 3 of 3 11/8/2023 2:50 PM 275
City Council
Staff Report

Subject:

Quarry Park Amphitheater Production Management Agreement Date:

January
9, 2024
Submitted By:

Jeff Scanlon, Administrative Analyst
Department:

Parks and Recreation
Recommendation:

Background:

On September 5, 2023, staff issued a Request for Proposal (RFP) for Production Management at Quarry Park Amphitheater. The purpose of the RFP was to seek a qualified company with experience in producing special events, concerts, and festivals to assist the City with year- round operations at Quarry Park Amphitheater. Specific services to be included in this project are production, marketing, talent acquisition, staffing, and hospitality management.

The City received one qualified response to the RFP from Ineffable Music Group, Inc. (Ineffable). After interviewing the applicant and reviewing their proposal, staff determined that Ineffable was a qualified candidate to operate the venue.

Ineffable was founded in 2006 and owns and/or operates concert venues and festivals, with an emphasis on secondary markets and community building. The venues include The Catalyst in Santa Cruz, The Golden State Theatre in Monterey, Cornerstone Berkley, Fremont Theatre San Luis Obispo, Ventura Music Hall, Felton Music Hall, Mystic Theatre Petaluma as well as California Roots Music and Arts Festival and Levitate Music and Arts Festival. Ineffable has produced over 10,000 concerts since 2006, with audience sizes ranging from 50 people to over 20,000 people per event. Ineffable has 17 years of experience in acquiring talent and managing contracts, show productions, marketing, staffing and logistics, as well as food and beverage service. Ineffable books over 1,000 concerts per year, mainly in secondary California markets, and deals with all the major agencies on a routine basis. Ineffable uses industry- leading practices to properly market each show, selling over 500,000 tickets per year. They have a full-time staff of over 30 industry professionals across all positions.

Staff and Ineffable have spent the last two months negotiating key terms and deal points to reach a mutually beneficial agreement. Below are the key terms of the agreement as Item Number 2G.

276
negotiated and agreed upon by City staff and Ineffable:

1. General Terms
Three-year agreement, with the ability two additional one-year extensions, with the ability to make amendments and adjustments to the existing agreement after the first year.

Contractor shall produce a minimum of eight (8) events during the first year of operations.

Contractor agrees and understands that when the Venue is not being used by Contractor or City for an Event, the Venue will be open and accessible as a public park.

City shall have final approval of all artists prior to entering into a contract with an artist for an event.

2. Contractor Responsibilities
Contractor has exclusive right to book the venue.

Contractor shall be responsible for the production and promotion of all Events, excluding City-produced Events.

Talent Acquisition and Payments
Production Management
Sound & Lighting
Artist Hospitality
Ticketing
Marketing
Sponsorships
Contractor shall be responsible for all Event Management Staffing (Ticketing Manager, Production Manager, Promoter, and Artist Relations).

Contractor shall have the right to rent the venue to a third party for events.

Contractor will manage all ticket sales and manage ticket software.

Contractor will provide master calendar of events, bookings, concerts, rentals, and venue operations.

Contractor will produce a master plan for each event and submit to City for review.

3. City Responsibilities
City will provide all local, day-of event staff.

Gate Staff
Janitorial Staff
Ushers
Setup & Breakdown Staff
Fencing
Parking
City will be responsible for venue security, EMS, fencing, and restrooms.

City shall be solely responsible for all parking operations at the venue for all events.

City shall be solely responsible for all food vendor operations at the venue for all events.

City shall retain responsibility and control over the venue for all days that are not reserved by Contractor.

City shall have the right to reserve time at the venue to host up to ten (10) events each Operating Season.

City will provide all routine maintenance, general upkeep, and general repairs for venue.

277

4. Contractor Operations Costs & Revenues
Contractor shall be responsible for all event production costs, which includes all costs associated with event operations not otherwise addressed in the Agreement.

Artist Contracts
Sound & Lights
Hospitality
Ticketing
Production Management
Marketing
Contractor shall be responsible for acquiring and managing all sponsorships and shall retain 100% of all revenue from sponsorships.

Contractor will retain 100% of booking/ticket revenue.

Contractor will retain 100% of all alcohol related sales.

Contractor will retain 100% of all vendor revenue.

5. City Operations Costs & Revenues
Contractor shall pay City four dollars ($4.00) per ticket sold for all ticketed events.

Contractor shall pay City an additional $1,000 for each sold out concert.

City will retain 100% of all parking revenue.

City will retain 100% of all food vendor revenue.

City shall be responsible for all City staffing costs.

City shall be responsible for all City contracted services and associated costs.

City shall be responsible for all utility costs.

City shall designate $25,000 per year in marketing initiative and assistance.

Staff recommends the City Council approve an Agreement with Ineffable Music Group, Inc. for Production Management at Quarry Park Amphitheater. The proposed Agreement will allow the City to continue amphitheater operations, while saving numerous hours on staff time, energy, and resources, while generating revenue to offset operating costs, increase economic impact, and maintain the City’s capital investment in this area.

Fiscal Impact:

The proposed Production Management Agreement is intended to be self-supporting and have a net zero impact on the City’s General Fund for concert operations. The City will budget the $25,000 marketing initiative and present with the Fiscal Year 2024/25 Operating Budget.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Agreement
278
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INEFFABLE MUSIC GROUP, INC., FOR PRODUCTION

MANAGEMENT AT QUARY PARK AMPHITHEATER
WHEREAS, the City of Rocklin owns and operates Quarry Park Amphitheater located within Quarry Park; and
WHEREAS, on September 5, 2023, the City issued a Request for Proposal for Production Management at Quarry Park Amphitheater to seek a qualified company with experience in producing special events, concerts, and festivals to assist the City with year-round operations at Quarry Park Amphitheater; and
WHEREAS, the City received one qualified response to the Request for Proposal from Ineffable Music Group, Inc. and determined that Ineffable was a qualified candidate to operate the venue; and
WHEREAS, the City and Ineffable Music Group, Inc. negotiated a mutually beneficial agreement for Production Management at Quarry Park Amphitheater, and staff now recommends an agreement for City Council approval.

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

Section 1. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute an Agreement for Production Management at Quarry Park Amphitheater with Ineffable Music Group, Inc, in a form substantially similar to Exhibit “A”, attached hereto and incorporated herein.

PASSED AND ADOPTED this 9th day of January 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
279
1733390.1 9959-001

CONTRACT FOR SERVICES

THIS CONTRACT is made on _____________________________________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and INEFFABLE MUSIC GROUP, 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 su pplemental 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.

B. 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.

C. 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.

280
1733390.1 9959-001 2

4. TERM OF CONTRACT
A. This The term of this Agreement shall be from the date of execution (“Commencement Date”) up to and including December 31, 2026 (“Original Term”), unless earlier terminated pursuant to this agreement. City and Ineffable agree to discuss amendments to current agreement after the first operating season.

City shall have the option to extend the term for up to two (2) additional one (1) year terms, for a total potential Extended Term of two (2) years. During the Extended Term of this Agreement, if any, City and Ineffable shall be bound by all obligations, covenants, and agreements of this Agreement..

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:

i. Contractor shall immediately cease render ing 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.

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 cons trued 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 281
1733390.1 9959-001 3
City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contra ctors 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 extens ions 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.

10. COMPLIANCE WITH ALL LAWS:

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 mate rials, 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
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.

282
1733390.1 9959-001 4
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.

E. 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 receivi ng 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.

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.

283
1733390.1 9959-001 5

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 empl oyed 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 intere st 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 und er 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.

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.

284
1733390.1 9959-001 6

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 em ployees. 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.

3. Workers’ Compensation as 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.

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 285
1733390.1 9959-001 7
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).

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.

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 requi red 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 286
1733390.1 9959-001 8
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.

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 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) m onths 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 th is 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.
287
1733390.1 9959-001 9
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.

City: City of Rocklin
Parks and Recreation Department
5460 5
th Street
Rocklin, CA 95677

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

Contractor: Ineffable Music Group, Inc.
829 27
th Ave.

Oakland, CA 94601

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.
288
1733390.1 9959-001 10
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.

CONTRACTOR

By: _________________________
Thomas Cussins, CEO

By: _________________________
Matthew Bailey, Secretary

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

289
1733390.1 9959-001 11

EXHIBIT A

Scope of Work

The City of Rocklin (“City”) owns real and personal property known as the Quarry Park Amphitheater, as shown in Exhibit D, incorporated herewith by reference (collectively referred to herein as the “Amphitheater”); and Ineffable Music Group, Inc. (“Ineffable”) principals have considerable expertise in the operation, management and production of entertainment events, concerts and concert venues; and Ineffable is interested in managing and operating the Amphitheater for City.

City and Ineffable desire to enter into an Agreement for the Production Management of the Amphitheater consistent with the following Scope of Work:

AMPHITHEATER AND USE OF QUARRY PARK
x Ineffable agrees to use the Amphitheater primarily for entertainment purposes, in accordance with the City’s adopted Quarry Park Amphitheater Policies. The City may modify the Amphitheater Policies from time to time, solely at the City’s discretion. During the term of this Agreement, the City will confer with Ineffable before making material changes to the City’s Amphitheater Policies. In the event of a conflict between the terms of the City’s Amphitheater Policies and this Agreement, the terms of this Agreement shall prevail.

x Ineffable use of the Amphitheater shall not adversely affect the public’s use and enjoyment of the remainder of Quarry Park, or the public’s use and enjoyment of the Amphitheater when Ineffable is not managing or producing an Event at the Amphitheater. Ineffable shall return control of the Amphitheater to City within twelve (12) hours after the end of each Event, unless otherwise agreed upon by the parties.

x Ineffable use of the Amphitheater shall comply with all City noise policies, as they may be amended from time-to-time.

x City and its representatives shall have the right to enter and inspect the Amphitheater at any time. City shall have the right, subject to the terms below, to use the Amphitheater at any time Ineffable is not using the Amphitheater for an Event.

x When either Ineffable or the City are not using the Amphitheater for an Event, the Amphitheater will be open and accessible to the public.

x All City owned parking areas outside of the Amphitheater boundary, as set forth in Exhibit D, attached hereto and incorporated herein, shall remain available for City operations at City’s sole discretion. Any use of City owned parking areas outside of the Amphitheater boundary must be approved by City in advance of an Event.

x No parking is permitted at any time within the Fire Department boundary, as set forth in Exhibit D. Ineffable shall ensure that the Fire Department boundary is free from obstruction at all times during their use of the Amphitheater.

290
1733390.1 9959-001 12

INNEFFABLE RIGHTS AND OBLIGATIONS
x Starting upon execution of this Agreement by both parties (“Commencement Date”) and during the term of this Agreement, Ineffable shall manage and operate the Amphitheater, in accordance with the terms and requirements of this Agreement.

x Ineffable shall produce a minimum of eight (8) Concert Events at the Amphitheater each season for the remaining term of this Agreement.

x Ineffable has the exclusive right to book Events at the Amphitheater up to 365 days per year, except for those specific days withheld for use by City.

x Ineffable shall be responsible for the Production Management of each Event at the Amphitheater, which includes but is not limited to:
o Artist Negotiations, Routing, and Booking
o Sound, Lighting and Backline
o Ticketing Software, Sales, and Management
o Production and Stage Management
o Marketing and Sponsorships
o Beverage Sales, Hospitality and Artist Relations
o Contracts, Payments, and Administration

x Ineffable shall be solely responsible for the production of all Events, excluding City- produced Events. Currently planned City-produced annual Events include the following:
o Evenings at the Park (April-October)
o Shakespeare in the Park (June)
o Patriot Day (September)
o Hot Chili Cool Cars (September)
o Tree Lighting (December)
o Employee Appreciation (TBD)

x Ineffable shall provide City an up-to-date Master Calendar of Events on the first working day of each month.

x Ineffable shall provide City with a master plan for each Event and submit to City for review and approval, at least ten (10) days prior to each Event.

x Ineffable shall be solely responsible for all ticket sales and management of ticketing software for all Events, excluding City-produced Events. Ineffable will provide City fifty (50) tickets to all ticketed Events, at no charge to City, at least seven (7) days prior to the Event.

x Excluding City-produced Events, should an Ev ent be cancelled by an Artist or due to a Force Majeure event and not rescheduled to occur during the same Operating Season, Ineffable shall issue refunds or exchanges for tickets sold to the Event. The refund policy for each Event shall be clearly stated to purchasers at the time of purchase and shall be printed on tickets issued.

x Ineffable shall be responsible for Event Administration, Financial Management, Marketing, Sponsorships, Production and coordination with the City for all Amphitheater Events.
291
1733390.1 9959-001 13
x Ineffable shall have an onsite ticketing manager, production manager, and artist relations/promoter onsite for each Event.

x Ineffable shall provide all necessary storage for all items related to a Concert Event.

CITY RIGHTS AND OBLIGATIONS
x City shall designate one or more City Staff members as Ineffable liaison for all communications and scheduling with all City Departments.

x City shall provide all local, day-of event st aff for each Event at the Amphitheater, which includes but is not limited to:
o Gate Staff
o Janitorial Staff
o Ushers
o Setup & Breakdown Staff
o Fencing
o Parking Operations
o Venue Management

x City shall be responsible for Amphitheater safety and security, including police department and EMS services.

x City shall be solely responsible for all parking operations at the Amphitheater, for all Events.

x City shall be solely responsible for janitorial, restroom facilities and fencing at Amphitheater for all Events, including any additional temporary fencing and restrooms that may be required.

x City shall be solely responsible for all food vendor operations at the Amphitheater for all Events

x City shall have final approval of all artists prior to Ineffable entering into a contract with an artist for an Event at the Amphitheater. Ineffable shall submit a list of desired talent by January 15th of each Operating Season for City review and approval. Any additional talent not listed must be reviewed and approved by City. City will review and approve/deny within two (2) business days of Ineffable’s submittal of the list to City.

x City shall retain responsibility and control over the Amphitheater for all days not reserved by Ineffable for an Event, provided, however, that City agrees to grant Ineffable access to the Amphitheater up to a maximum of two (2) days prior to each Event, which shall be determined between the parties prior to each Event. Ineffable shall indicate on the Master Calendar when access to the Amphitheater in advance of an Event is needed.

x City shall have the right to reserve the Amphitheater to host up to ten (10) Events each Operating Season.

x City shall submit a request to Ineffable for City’s selected dates by the 30th day of January of the Operating Season. City will receive those requested days unless Ineffable has an existing conflict with an executed or pending contract with Artist or a third-party 292
1733390.1 9959-001 14
renter for an Event on the same date(s), in which case the Parties will meet and confer to identify a suitable alternative date(s) for the City-produced Event(s).

x City shall have the right throughout each Operating Season, to select additional dates for use by City up to 120 days in advance, when Ineffable has no Events scheduled on the Master Calendar for that date(s). Such additional City-produced Events shall be for free public Events or Events in which Ineffable has opted not to produce the Event.

x City will review and comment on any Ineffable proposed form agreements, procedures, and policies, within twenty-one (21) days from submittal to City.

EQUIPMENT
x City will provide Ineffable with the materials and equipment identified in Exhibit E, incorporated herewith by reference, for use in operating the Amphitheater, which shall remain the sole and exclusive property of City. This Equipment will be provided if available, upon timely request, which is at least fourteen (14) calendar days prior to the desired date for use.

x At the termination of this Agreement, Ineffable shall return the equipment identified in Exhibit E to City, in the same condition as when it was received by Ineffable, with the exception of ordinary wear and tear.

CONCESSIONS
x Ineffable shall be solely responsible fo r all beverage operations and merchandising sales, for all Events, excluding City-produced Events.

x Ineffable may sell alcoholic beverages at all Events, excluding City-produced Events, with City approval, which approval shall not be unreasonably withheld. Proof of liquor liability insurance satisfactory to the City will be required.

x Alcohol sales and service shall be in compliance with all Laws.

x Alcohol sales shall be limited to beer and wine-based beverages and shall be sold at a minimum price per beverage of five dollars ($5) at each Event. The maximum size for each beverage shall be: Beer - sixteen (16) ounces; Wine - nine (9) ounces; and Wine or Beer-based Mixed Drink - twelve (12) ounces.

QUALITY OF OPERATIONS
Ineffable shall perform all of the duties normally associated with the Production Management of an Amphitheater and shall operate the Amphitheater in the manner that is customary and usual to such an operation and consistent with generally accepted professional procedures and standards.

x Ineffable shall operate the Amphitheater in a safe and efficient manner. Ineffable shall maintain a written Emergency Action Plan and provide its employees with training designed to reduce the risk of injury to employees or guests. The training program shall, as applicable, involve City’s emergency responders.

293
1733390.1 9959-001 15
x Ineffable shall operate the Amphitheater in a manner that is in compliance with all applicable Laws, City policy, and the terms of this Agreement.

x Ineffable shall use its best efforts to ensure its employees, contractors and agents working at the Amphitheater wear appropriate apparel, are courteous, and exhibit good customer service.

x Ineffable will maintain trained and competent personnel for the management and operation of the Amphitheater, in accordance with any generally applicable industry standards for staffing. Ineffable shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, and safely manage and operate the Amphitheater.

x Ineffable shall monitor whether or not the management and operation of the Amphitheater is in compliance with all Ineffable obligations.

x In no event shall the scope or quality of the services provided by Ineffable be less than those generally performed by professional managers of similar properties in the industry.

x Ineffable shall make available to City the full benefit of the judgement, experience and advice of members of Ineffable regarding the management, operation, and production of Events.

x Ineffable will draft Standard Operating Procedures and an Emergency Action Plan for the safe operation of the Amphitheater. Ineffable shall provide copies of such Procedures and Plans, and all updates thereto, to City.

x Ineffable shall use its best efforts to operate the Amphitheater in a manner that is compatible with the interests of City, the surrounding community and the patrons of the Amphitheater, consistent with this Agreement.

x Ineffable shall be available for communication with City, including without limitation attending periodic meetings with City at times and locations designated by City.

x Ineffable shall keep City advised of items t hat affect the Amphitheater in any significant manner.

x Ineffable shall provide to City written documentation of all incidents involving personal injury, property damage, or criminal activity that take place at Events at the Amphitheater, within 24 hours of their occurrence, with the exception of City-sponsored Events. Ineffable shall promptly report all criminal activity to the Rocklin Police Department.

MARKETING
x Ineffable shall be solely responsible for ma rketing all non-City-sponsored Events, as well as marketing the Amphitheater for use as an Event location.

x Ineffable shall market the Amphitheater under the name “Quarry Park Amphitheater.” Ineffable may utilize branding and logo provided by City, or Ineffable may utilize other branding and logo, if that branding and logo are approved by the City. If Ineffable uses 294
1733390.1 9959-001 16
branding or logo for the Amphitheater in addition to that provided by the City, Ineffable shall transfer the additional branding/logo/copyright/trade or service marks and all rights thereto, to City upon termination of this Agreement.

x All customer lists and records generated by Ineffable pertaining to the management and operation of the Amphitheater under this Agreement, whether in existence at the commencement of Ineffable operation of the Amphitheater or compiled thereafter, shall be treated as the property of Ineffable. City and Ineffable shall each control their respective customer lists, records or similar information pertaining to the Amphitheater.

The parties may mutually agree to distribute advertising for City and Ineffable Events to the other party’s customer database.

x Ineffable’s marketing of the Amphitheater shall be family-friendly.

x Ineffable shall be responsible for acquiri ng and managing all sponsorships. All sponsors are subject to the approval of City, which approval shall not be unreasonably withheld.

x Ineffable shall provide City with copies of all sponsorship agreements entered within thirty (30) days of execution.

x City will advertise Events through City’s subscriber email system and social media accounts upon a timely request from Ineffable without charge, whenever feasible. An advertising request is timely if all final advertising copy to be distributed is provided to City in a form acceptable to City at least thirty (30) calendar days prior to Ineffable desired date for distribution. City reserves the right to deny any request.

x City agrees to market the Amphitheater based on Ineffable’s marketing plan upon approval and available funding by City.
o City will allocate $25,000 per year in Marketing initiatives and assistance to Amphitheater operations. $25,000 marketing may be a mixture of both cash paid and value-added services (i.e. internal City marketing resources).

SUB-CONTRACTING
x Ineffable may subcontract with a third party to provide any of the operations services described in herein for an Event, with City approval. Ineffable shall provide a copy of the form agreement to City for its review and approval prior to entering into the first agreement with a subcontractor for an Event.

x Ineffable shall have the right to rent the Amphitheater to a third party for Events.

Ineffable shall provide a copy of the form rental agreement(s), procedures, policies and fees to City for its review and approval prior to the first rental of the Amphitheater for an Event.

x Ineffable shall have the right to enter into a partnership agreement with a third party to produce an Event, with City approval. Ineffable shall provide a copy of the partnership agreement to City for its review and approval prior to entering into an agreement with a partner for an Event. City is not responsible for honoring any such agreements entered into by Ineffable upon termination of this Agreement.
x Ineffable is not authorized to negotiate or enter into any agreements on City’s behalf. 295
1733390.1 9959-001 17

FINANCIAL REPORTING
x Ineffable will provide City with a copy of their Operating Budget by October 1 each year of the Term.

x In addition to the ticket sales reports provided to City, Ineffable shall keep an accurate record of attendance at Ineffable managed or produced Events. Such records shall be made available to City upon request.

x Following delivery of each Amphitheater Report, Ineffable shall consult with City to discuss the issues raised in the report or other topics of concern to City.

x Ineffable shall also provide any written reports, financial reports, and information which may be reasonably requested by City from time to time. Ineffable shall provide City with proof of reporting and payment to Broadcast Media Inc. (“BMI”), the American Society of Composers, Authors, and Publishers (“ASCAP”), and the Society of European Stage Authors and Composers (“SESAC”) royalties to City within five (5) calendar days of the end of each Operating Season. (additional reporting agency language?)

x Ineffable shall designate Rocklin as the point of sale on their Seller’s Permit.

296
1733390.1 9959-001 18

EXHIBIT B

Schedule of Performance

Ineffable shall produce a minimum of eight (8) Concert Events at the Amphitheater each season for the remaining term of this Agreement. Ineffable shall perform all duties and obligations listed and contained in the Agreement.

297
1733390.1 9959-001 19

EXHIBIT C

Schedule of Fees

INEFFABLE OPERATIONS COSTS AND REVENUES
x Except as otherwise expressly agreed to in the Agreement, Ineffable shall be responsible for all Event production costs, which includes all costs associated with Event production not otherwise addressed in the Agreement, including but not limited to:
o Artist Contracts
o Sound & Lights
o Hospitality
o Ticketing
o Production Management
o Marketing & Sponsorship Deliverables
o Artist Contracts

x Ineffable is responsible for, and will pay all fees associated with music licensing and other permits required for an Event, other than City-sponsored Events.

x Ineffable and its subcontractors are responsible for payment of sales tax, if any, associated with Events, other than City-sponsored Events.

x Ineffable shall be responsible for ac quiring and managing all sponsorships All sponsorship agreements shall terminate upon termination of this Agreement. Ineffable shall retain 100% of sponsorship revenue.

x Ineffable shall be responsible for all ticketing software, fees, and management. Ineffable shall retain 100% of all ticketing revenue.

x Ineffable shall be responsible for all alc ohol sales and shall retain 100% of alcohol related revenue.

x Ineffable shall be responsible for all merchandising and vendor sales and shall retain 100% of all merchandising vendor revenue.

x All non-ticketed Events will be mutually agreed upon by City and Ineffable.

CITY OPERATIONS COSTS AND REVENUES
x City shall be responsible for all City employee staffing costs.

x City shall be responsible for all City contracted services and associated costs.

x City shall be responsible for all utility costs related to Amphitheater operations.

x City shall be responsible for all costs for any services provided by the Rocklin Police Department for all Events.

x City is responsible for all costs associated with Amphitheater fencing and security.

298
1733390.1 9959-001 20
x City shall be responsible for $25,000 per year in Marketing initiatives and assistance to Amphitheater operations. $25,000 marketing may be a mixture of both cash paid and value-added services (i.e., internal City marketing resources).

x Ineffable shall pay to City four dollars ($4.00) per ticket sold or otherwise provided to a third party at full cost or reduced cost, for each Ticketed Concert Event. This fee shall not be published in connection with the sale of tickets (i.e., on Ineffable website, at the time of ticket purchase, or on the tickets issued to purchasers). Ineffable shall not be required to pay the above four-dollar ($4.00) fee to City for any tickets that are provided to City free of charge. Ineffable shall provide City with a report of tickets issued through a third-party (i.e., Ticketmaster or Eventbrite) within seven (7) calendar days following each Concert Event.

x Ineffable shall pay to City an additional $1,000 for any sold-out Concert or Event produced by Ineffable.

x City shall be responsible for all operating costs for parking operations and shall retain 100% of revenue from parking operations. Each Event parking fee per vehicle shall be set at City’s sole discretion.

x City shall be responsible for all operating costs for food vendor operations and shall retain 100% of revenue from such operations

PAYMENT TERMS
x City shall invoice Ineffable for the fees described herein within forty-five (45) calendar days following each Event. Ineffable shall remit payment to City net 30 days from receipt of invoice.

299

EXHIBIT '
300
1733390.1 9959-001 22

EXHIBIT E

EQUIPMENT LIST

1. Portable tables

2. Chairs for Venue seating

3. Folding chairs

4. EZ-Ups

5. Ice chests

6. Portable communication radios

7. Gator

8. Stage Lift Equipment

9. Conex Storage Container (located behind stage)

10. Bike Rail & Barricades

11. A-Frame & Sandwich Board Signs

12. Stanchions
301
City Council
Staff Report

Subject:

Highlands Parcel A Development Agreement, DA2023-0001 / Vista Oaks Development Agreement, DA2023-0002
Date:

January
9, 2024
Submitted By:

David Mohlenbrok, Director of Community Development
Bret Finning, Planning Services Manager
Department:

Community Development
Recommendation:

A
.

Conduct a Public Hearing to Consider Testimony.

B
.

C
.

Introduce, Waive the Full Reading and Read by Title Only an Ordinance of the City Council of the City of Rocklin Approving a Development Agreement by and between the City of Rocklin and Ronald M. Guntert, Jr., Terry M. Guntert, Celia Guntert Wedding, Karen Guntert Adams, and Christian H. Guntert, as Tenants In Common and Landowners Relative to the Vista Oaks Subdivision (Vista Oaks Development Agreement – DA2023-0002).

Background:

The staff report for this item is included as Attachment 1 in order to maintain the integrity of the formatting.

Item Number 4A.

ATTACHMENTS:

1. Staff Report

2. Ordinance - Highlands Parcel A

3. Ordinance - Highlands Parcel A Exhibit A (Development Agreement)

4. Ordinance - Vista Oaks

5. Ordinance - Vista Oaks Exhibit A (Development Agreement) 302

City Council Report

______________________________________________________________________________

Subject: Highlands Parcel A Development Agreement (DA2023-0001) Vista Oaks Development Agreement (DA2023-0002)

Date: January 9, 2024

Submitted by: David Mohlenbrok, Director of Community Development Bret Finning, Planning Services Manager

Department: Community Development

Recommendation:

As the entitlement request includes Ordinances, a two-meeting process is required. At the first meeting the City Council shall conduct a public hearing, complete deliberation, provide staff with direction (if appropriate) as to any desired modification(s) to the draft docume nts and, if approving, introduce the ordinances and continue the item to the next feasible City Council meeting as indicated below:

The Planning Commission and Staff recommend the following:

January 9, 2024 (first reading of the ordinances)

A. Introduce, Waive the Full Reading and Read by Title Only an Ordinance of the City Council of the City of Rocklin Approving a Development Agreement by and between the City of Rocklin and Elliott Homes, Inc., Relative to the Highlands Parcel A Subdivision (Highlands Parcel A Development Agreement / DA2023-0001).

B. Introduce, Waive the Full Reading and Read by Title Only an Ordinance of the City Council of the City of Rocklin Approving a Development Agreement by and between the City of Rocklin and Ronald M. Guntert, Jr., Terry M. Guntert, Celia Guntert Wedding, Karen Guntert Adams, and Christian H. Guntert, as Tenants In Common and Landowners Relative to the Vista Oaks Subdivision (Vista Oaks Development Agreement – DA2023-0002).

303
January 23, 2024 (final action on Ordinances)

A. Adopt an Ordinance of the City Council of the City of Rocklin Approving a Development Agreement by and between the City of Rocklin and Elliott Homes, Inc., Relative to the Highlands Parcel A Subdivision (Highlands Parcel A Development Agreement / DA2023-0001).

B. Adopt an Ordinance of the City Council of the City of Rocklin Approving a Development Agreement by and between the City of Rocklin and Ronald M. Guntert, Jr., Terry M. Guntert, Celia Guntert Wedding, Karen Guntert Adams, and Christian H. Guntert, as Tenants In Common and Landowners Relative to the Vista Oaks Subdivision (Vista Oak s Development Agreement – DA2023-0002).

Owner/Applicant:

The property owner for the Vista Oaks project is Guntert Family Real Estate, L.P. , the property owner for the Highlands Parcel A project is Elliott Homes, Inc., and the applicant for both projects is TLA Engineering and Planning.

Location:

The project sites are generally located in the City of Rocklin along Secret Ravine Creek, easterly of Interstate 80 at the southerly terminus of China Garden Road, and north of the Rocklin City Limit. Assessor’s Parcel Numbers (APNs) Vista Oaks : 046- 010-007 & 046 -020-003, Highlands Parcel A: 046-010-006. See Figures 1 and 2.

Figure 1 – Highlands Parcel A and Vista Oaks (General Location)

304
Figure 2 – Development Agreement Areas

General Plan/Zoning:

The Vista Oaks property has General Plan designations of Low Density Residential (LDR) and Recreation Conservation (R-C) and is zoned Planned Development Residential 1.08 Dwelling Units per Acre (PD-1.08).

The Highlands Parcel A property has General Plan designations of Rural Residential (RR) and Recreation Conservation (R-C) and is zoned Planned Development Residential 0.67 Dwelling Units per Acre (PD-0.67).

Summary of Planning Commission Hearing and Action:

On December 5 , 2023, the Planning Commission (Commission) considered the proposed development agreements . Following a presentation from staff and a statement from the applicant, the Commission verified that the obligation to participate in the CMFA Community Facilities District No. 2022-1 bond financing for the Monument Springs bridge would run with the land. The Commission opened the public hearing; there was no one who wished to speak and the public hearing was closed . After brief deliberations the Commission voted 4 -0 (1 Commissioner absent) to recommend that the City Council approve both the Vista Oaks and Highlands Parcel A development agreements.

BACKGROUND ON HIGHLANDS PARCEL A AND VISTA OAKS DEVELOPMENTS:

The Highlands Parcel A and Vista Oaks developments have run together since shortly after applications for both projects were received by the C ity in 2002-2003. The Highlands Parcel A subdivision would subdivide a 30 +/ - acre site to create 20 single family residential lots , as well as approximately 22.9 acres of open space. The Vista Oaks subdivision would subdivide a 93 +/- 305
acre site to create 100 single family residential lots as well as approximately 61 acres of park and open space. On November 14, 2006, the City Council approved an Environmental Impact Report (EIR) covering both projects (Resolution No. 2006 -349). Concurrently, the City Council also approved the following for each project:

• General Plan Amendment (HIGHLANDS PARCEL A: GPA-2006-03; VISTA OAKS: GPA- 2002-04)
• General Development Plan (HIGHLANDS PARCEL A: PDG-2003-02; VISTA OAKS: PDG- 2001-07)
• Rezone (HIGHLANDS PARCEL A: Z-2006-04; VISTA OAKS: Z-2002-02) • Tentative Subdivision Map (HIGHLANDS PARCEL A: SD-2003-05; VISTA OAKS: SD-2001- 04)
• Oak Tree Preservation Permit (HIGHLANDS PARCEL A: TRE-2003-33; VISTA OAKS: TRE- 2001-30)
• Design Review (Vista Oaks: DR-2002-21)

The Highlands Parcel A and Vista Oaks subdivisions, along with the Granite Lakes Estates subdivision, are the three projects whose full development is dependent upon construction of the Monument Springs Bridge and roadway improvements. As a condition of approval, the three properties (Highlands Parcel A, Vista Oaks , and Granite Lake Estates projects) were conditioned to obtain rights of way and construct Monument Springs Drive, including the bridge, from China Garden Road to Greenbrae Road and then beyond to the to the project sites (Monument Springs Connection). In the case of Highlands Parcel A and Vista Oaks, the roadway improvements are to extend south and connect with the existing portion of Monument Springs Drive in the Elliot Highlands development. The Granite Lake Estates project was only required to extend the roadway improvements to Greenbrae Road. For numerous reasons, including the economic downturn in 2010, the properties have not yet been fully developed, and construction of the Monument Springs Connection has been delayed.

On June 22, 2021, the City committed $1.5 million dollars in the Capital Improvement Plan to ensure that the Monument Springs bridge is completed. On March 8, 2023 the City Council agreed
to have the City take over the construction of the Monument Sprin gs Connector and committed to the expenditure of significant additional funds for this improvement that have the potential to be reimbursed, in part, through special tax assessments on any future lots created on the three properties.

In 2022, the City Council approved modifications to the Vista Oaks project (Resolution No. 2022- 100) intended to help facilitate the Monument Springs Connection, as well as the first addendum to the EIR (Resolution No. 2022-99).

Both the Highlands Parcel A and Vista Oaks ten tative subdivision maps have benefited from several automatic time extensions granted by the State , and the City Council has granted the projects the maximum discretionary time extensions permitted by both the Rocklin Municipal Code and State law. At this time, development agreements (DAs) are required if the life of these maps are to be further extended.
306

Proposal/Application Request:

These applications are a request for approval of development agreements between the City of Rocklin (the City) and the property owners of the respective projects. The purpose of the development agreements is to extend the life of the projects and establish certain conditions for the development of the projects as noted in the below table.

If the development agreements are entered into, all associated entitlements for each project , including the tentative maps and oak tree preservation permit, would expire ten years from the effective date of the ordinance approving the development agreements.

HIGHLANDS PARCEL A VISTA OAKS
Parties
Request for approval of a DA between the City of
Rocklin (the City) and Elliott Homes, Inc. (Elliott) for the development known as Highlands Parcel A.

Parties
Request for approval of a DA between the City of
Rocklin (the City) and Ronald M. Guntert, Jr., Terry M.

Guntert, Celia Guntert Wedding, Karen Guntert
Adams, and Christian H. Guntert, as Tenants In
Common and Landowners for the development known
as Vista Oaks.

Term:

Ten (10) years from effective date of Ordinance

Term:

Ten (10) years from effective date of Ordinance

Entitlements:

The proposed DA would automatically extend the life
of all associated entitlement for the life of the DA,
specifically:
• Tentative Subdivision Map (SD-2003-05)
• Oak Tree Preservation Plan Permit (TRE-2003-33).

Entitlements:

The proposed DA would automatically extend the life
of all associated entitlements for the life of the DA,
specifically:
• Tentative Subdivision Map (SD-2001-04)
• Oak Tree Preservation Plan Permit (TRE-2001-30)
• Design Review (DR-2001-21)

Landowner Obligations under DA:
• Annexation - the landowner will take all steps
necessary to annex the property into an
improvement area of CMFA Community Facilities
District No. 2022- 1 no later than eighteen (18)
months from the effective date of the DA or prior
to the recordation of the final map, whichever
comes first.
• City Reimbursement - the landowner agrees that
the proceeds of the bonds issued for, and/or
special taxes collected from the improvement area
will be used first to reimburse the City of Rocklin
for costs associated with the construction of the
Monument Springs bridge;
• Expedited Trail Construction - the lan downer will
coordinate with the Vista Oaks property owner to
Landowner Obligations under DA:
• Annexation – N/A the landowner has already
annexed the property into an improvement area of
CMFA Community Facilities District No. 2022-1.
• City Reimbursement - the landowner agrees that
the proceeds of the bonds issued for, and/or
special taxes collected from the improvement area
will be used first to reimburse the City of Rocklin
for costs associated with the constr uction of the
Monument Springs bridge;
• Expedited Trail Construction - the landowner will
coordinate with the Highlands Parcel A property
owner to construct the bicycle/pedestrian trail on
the east side of Secret Ravine Creek through both
the H ighlands Parcel A and Vista Oaks projects
(from the Roseville City limit to the existing trail
307

HIGHLANDS PARCEL A VISTA OAKS
construct the bicycle/pedestrian trail on the east
side of Secret Ravine Creek through both the
Highlands Parcel A and Vista Oaks projects (from
the Roseville City limit to the existing trail ending in the Granite Lakes Estates Subdivision). with the
development of the first phase of either project.

ending in the Granite Lakes Estates Subdivision)
with the development of the first phase of either
project.

PROJECT ANALYSIS FOR HIGHLAND PARCEL A AND VISTA OAKS:

The applicant for both Highlands Parcel A and Vista Oaks submitted applications for development agreements on April 17, 2023. Given that these two projects have run together since they were originally proposed in 2002 -2003, staff determined it appropriate to consider the two development agreement requests concurrently. The applicants submitted their requests in order to keep the projects alive and allow development of the projects to proceed in accordance with the approved entitlements , City regulations , and the Zoning Code. These are both complex projects with significant on- and off-site infrastructure requirements.

At this time both owners desire to enter into development agreements to preserve the existing entitlements, and to establish certain conditions expediting the annexation of the properties into the improvement area of CMFA Community Facilities District No. 2022 -1, specifying that special taxes collected from the improvement area will be used first to reimburse the City of Rocklin for costs associa ted with the construction of the Monument Springs bridge , and expediting the construction of a bicycle/pedestrian trail on the east side of Secret Ravine Creek through both projects (from the Roseville City limit to the existing trail ending in the Granite Lakes Estates Subdivision). Approval of the two proposed Development Agreements extending the approvals of the projects will benefit the public by accelerating the construction of a bike / pedestrian trail connection to the regional trail system and will facilitate completion of the Monument Springs Connection and enable City to be reimbursed for the share of costs for the Monument Springs bridge attributable to the Properties

Given the above , the Planning Commission and staff support approval of the proposed development agreements to extend the life of the Highland Parcel A Project and the Vista Oaks Project for ten years (approximately 2034 depending upon the dates of City Council hearings).

Planning Commission and Staff Findings:

The Planning Commission and staff find the two proposed Development Agreements to be consistent with the existing General Plan designations, zoning, and requirements of the Government Code, and consistent with the requirements of Chapter 17.92 o f the Rocklin Municipal Code. The proposed ten (10) year term s would be compatible with anticipated development of surrounding residential ly designated properties. The proposed development agreements are in conformity with public convenience, general welfare, and good land use practices. The proposed development agreements would not be detrimental to the health, safety and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or the general welfare as a whole. The proposed 308
development agreements will not adversely affect the orderly development of property or the preservation of property values. The proposed development agreements are consistent with the provisions of Government Code Section 65864 through 65869.5.

Environmental:

In 2006, an Environmental Impact Report (EIR) for the Highland Parcel A and Vista Oaks projects was certified via City Council Resolution No. 2006-349 (SCH#2003042169). In 2022, the First Addendum to the EIR was approved per City Council via Resolution No. 2022-99. Project specific analysis was conducted and potential impacts of the project were identified in the EIR document.

Because no changes to the previously approved projects are proposed as part of this request, approval of the proposed development agreements will not result in any environmental impacts beyond those that were previously identified and therefore, pursuant to California Environmental Quality Act (CEQA) Guidelines section 15162, no additional environmental review is required.

309

Page 1 ends

Rocklin City CouncilJanuary 9, 2024

Rocklin City Council
January 9, 2024