and objectives and is unavailable locally if overnight accommodations are required;
7.0.2 Communicating and/or meeting with the representatives of regional, state, and national government and their various agencies and entities on City adopted or authorized policy positions;
7.0.3 Attending educational seminars designed to improve skill and information levels;
7.0.4 Attendance at City department-approved conference, convention, hearing, training, seminar, or other meetings;
7.0.5 Participating in regional, state, and national organizations whose activities affect the City’s interests;
7.0.6 Implementing City-approved strategy for attracting or retaining businesses to the City; or
7.0.7 Attending mandatory functions of local civic or community organizations where there is a clear nexus between the event and the Traveler’s job. The City will not pay for or reimburse expenses to attend fundraisers.
SECTION 8 - Unauthorized Expenses
8.0 The following personal expenditures incurred by Travelers shall not be reimbursed:
8.0.1 The personal portion of any trip;
8.0.2 The purchase of alcohol, tobacco, or related costs;
8.0.3 Political or charitable contributions;
8.0.4 Family expenses, including those of a partner when accompanying the Traveler on official business; dependent or pet care;
8.0.5 Entertainment expenses, including theatre, shows, movies (either in-room or in theaters), sporting events, golf, spa treatments, etc.;
8.0.6 Non-mileage personal automobile expenses including repairs, gasoline, traffic citations, and other expenses;
8.0.7 Loss of or damage to personal items while on City business;
8.0.8 Laundry or dry-cleaning services; and/or
8.0.9 Changes to travel arrangements for personal reasons that could have reasonably been foreseen.
SECTION 9 - Transportation
9.0 Use of air, train, automobile, or other modes of transportation shall be selected based on 157
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the most reasonable cost to the City after all expense items are tabulated, including travel time salary costs.
9.0.1 Airfare: Business-class and first-class travel is not reimbursable.
9.0.2 Automobile: The City’s preferred process is for the Traveler to be assigned a City-owned pool vehicle while attending an event, or the City may choose to provide the Traveler a rental vehicle for any official City business. Should Traveler’s utilize a rental vehicle, the rental should be made through a governmental pricing rental agreement. No matter which is selected, the Traveler must abide by the City’s Vehicle Use and Driving Standards Policy.
9.0.3 Personal Vehicle: Automobile mileage is reimbursable if the Traveler is required to use a personal vehicle for travel at IRS rates in effect at the time of travel. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other vehicle operating expenses. The Traveler must possess a valid California Driver’s License, have proof of insurance on file with the City, and understand any services or repairs to their personal vehicle and any automobile or other insurance claims that result from travel on authorized City business shall they the Traveler’s responsibility. Additionally, if the Traveler claims mileage for the use of their personal vehicle, they must provide the to/from, purpose of trip, rate, and total number of miles traveled.
A printout of the distance traveled from Google Maps or MapQuest is required.
Reimbursement for personal auto usage for business will be calculated per the current IRS guidelines, based on the following:
If a Traveler drives round-trip from their residence to a meeting or training function, the Traveler shall claim the least amount of mileage either between their residence to their destination or their normal work location to their destination.
If a Traveler drives round-trip from work to a meeting or training function, the round-trip mileage from the City location to the event is reimbursable at the current IRS-approved rate.
9.0.4 Car Rental: Rental rates that are reasonable and economical are eligible for reimbursement (i.e., mid-size or standard vehicle); however, if traveling with multiple employees, a larger car will be approved to accommodates the group size. Travelers shall not purchase additional car rental insurance. Purchase of such insurance shall not be eligible for reimbursement. Travelers shall refuel the vehicle before returning and pay via the City purchase card or the Traveler’s personal method. If utilizing the Traveler’s personal method, a receipt must be retained, and the amount can be submitted for reimbursement.
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9.0.5 Taxis/Shuttles/Ride-Hailing Services: Reasonable actual costs for taxi, shuttle fares, and ride-hailing services will be reimbursed including a gratuity of $5.00 or up to 20%, whichever is greater.
9.1 Travelers who receive a car allowance will not receive any additional mileage/travel reimbursement for travel within a 50-mile radius of City Hall.
9.2 In instances where more than one individual is traveling to the same event, the Traveler who receives a car allowance shall drive if both Travelers are departing and returning near the same time from the same location. If the Travelers are not departing or returning at the same time from the same location, the Travelers may drive separately. The City highly encourages carpooling to not only save City resources but to be eco-friendly.
9.3 Bridge and road tolls will be reimbursed by the City.
9.4 Parking at the airport is reimbursable at the most economical lot rate only. Travelers who select higher rate parking shall only be reimbursed for the economical parking rate.
SECTION 10 - Travel Time and Hours Worked
10.0 The City wants to ensure compliance with the Fair Labor Standards Act concerning recording hours worked and compensating Travelers who are required to travel while conducting City business. Therefore, the following principles shall be applied when determining hours worked to calculate work hours and proper compensation.
10.1 Ordinary home-to-work travel shall not be considered as hours worked. If a Traveler is required by the City to conduct business on their way to work, the Traveler shall record all hours worked from the onset of that activity to the time the Traveler reaches the workplace to begin their shift. For example, if a Traveler is directed to pick up supplies on their way into the office, the Traveler shall record hours from the time they make the stop to pick up those supplies to the time they arrive at the worksite through the completion of their shift, less normal meal periods.
10.2 Travel time to and from an airport or public transportation terminal is considered hours worked.
10.3 Time spent on air travel or other means of public transportation when required by the City shall be considered time worked. Travel time shall include actual hours for travel, up to two hours of wait time prior to the departure of the flight, and shall conclude upon arrival at the hotel or when returning, upon return to the Traveler’s home.
10.4 Travelers shall be required to take the most expedient and efficient means of travel possible to meet the needs of the City. Therefore, a Traveler who opts to drive a personal vehicle instead of taking air travel or other faster means of travel shall only record the time they would have received had they traveled via the fastest mode of transportation reasonably available. For example, a Traveler may prefer to drive to San Diego, taking nine hours to reach their destination; however, air travel would have taken less than two hours plus the one and one-half hours of wait time before the departure of the flight. The 159
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Traveler shall only record three and one-half hours of work time on their timesheet instead of nine hours.
10.5 If a Traveler is assigned to work in another City or work location outside the City, the travel time to and from the other City may be considered work time if travel to that location falls outside the definition of ordinary home to work travel. For example, a Traveler living in Rocklin being asked to report to Stockton would be compensated for travel time to/from the Rocklin workplace to the temporary Stockton assignment. However, a Traveler living in Rocklin, reporting to a temporary work location in Rocklin, would not record travel time as hours worked.
Police academy recruits are excluded from Section 10.5 since the assigned work location is outside the City for the duration of the academy.
10.6 Department directors should be mindful of Traveler’s schedules and try to reduce/prevent overtime because of travel whenever possible to meet the interests of the City. Additionally, department directors shall use their discretion when accounting for multiple attendees at events and the impact related to the specific mode of transportation.
SECTION 11 - Lodging
11.0 The City will pay for or reimburse lodging expenses when travel on official City business reasonably requires an overnight stay. Lodging shall be booked at the most economical and reasonable rates for lodging that is in a location that is reasonable and convenient to the Traveler’s official business needs. For lodging in connection with a conference or organized educational activity, such lodging costs shall generally not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the Traveler at the time of booking.
11.1 While determining appropriate lodging arrangements, Travelers shall take into consideration start and end times as well as the duration of the event. Travelers generally shall not book prior evening overnight accommodations for travel within the local vicinity, which includes Sacramento and the greater Sacramento area, or a roundtrip distance of 100 miles or less. Additionally, Travelers shall not book overnight accommodations for the same day the event ends. Any exception to this shall be pre-approved by the Traveler’s department director.
11.2 Incidental Expenses: These expenses include fees and tips given to porters, baggage carriers, and hotel staff. Incidental expenses shall be reimbursed per current U.S. General Services Administration (GSA) rates in effect for the highest cost area of California at the time of travel. Incidental expenses are not part of meal expenses and shall be reimbursed separately.
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SECTION 12 - Meal and Incidental Expenses
12.0 As a general rule, public funds may not be expended to purchase meals for third parties such as constituents, legislators, and private business owners. Exceptions to this rule may include:
12.0.1 City Council for meals associated with a City-sponsored event or official City business.
12.0.2 Unforeseen events beyond an employee’s control, meals above the per diem may be reimbursed with proof of receipts and approval by the City Manager only.
12.1 Meals and Incidental Expenses. When the Traveler is expected to incur costs for meals and incidentals for overnight business travel, the City will reimburse meal and incidental expenses (M&IE) under a per diem allowance. A per diem allowance is a daily payment based on government calculated rates instead of reimbursement for actual expenses.
Receipts are not required. The maximum M&IE per diem allowance will be at the rate established by the Federal Government. The M&IE per diem allowance will only be paid when the traveler is expected to incur costs for meals and incidentals and when the travel is supported by a City business purpose.
12.1.1 Meals are defined as expenses for breakfast, lunch, dinner and related tips and taxes. They exclude alcoholic beverages and entertainment expenses.
Incidental expenses are defined as fees and tips given to porters, baggage handlers, hotel housekeeping or other service staff, valet, train, or ship service staff. The GSA M&IE rate includes $5.00 to cover incidental expenses.
12.2 Provided Meals. Meals provided by others should not be included with the daily per diem requests. This includes meals provided by a host, hotel (e.g., complimentary breakfast) or included in conference/seminar fees. If meals or a gift card to purchase meals are provided by the training or conference, the cost of such meals (per the GSA rate in the travel location) shall be deducted from the Traveler’s per diem allowance.
12.2.1 Event brochures/agendas are required documents to accompany the travel request. They will be used to determine what meals are provided as part of the event (included in the registration fee). When meals are provided, Travelers shall not receive a per diem for these meals.
12.3 Meal and Incidental Per Diem on First and Last Travel Days. The M&IE per diem is reimbursed for each full day (24 hours) of travel. First and last days of travel qualify for a 75% proportional M&IE per diem rate established by the GSA M&IE rate.
12.4 Day Trips/Same Day Travel (Conference, Training, Meeting, etc.)
12.4.1 Per diem rates apply and no receipts are required. The City’s purchase card shall not be used to purchase meals. In calculating meal allowance for day trips/same day travel the following guidelines shall be used:
Breakfast: to be reimbursed if the meeting begins before 8 a.m. 161
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Lunch: to be reimbursed if the meeting ends after 2 p.m.
Note: Per diem will not be allowed if meals are provided.
12.5 The M&IE per diem must be paid directly to the traveler. Travelers cannot claim an M&IE per diem on behalf of another person. Individual business travelers dining together will each be paid their respective per diem allowance. The applicable M&IE per diem, or proration for first and last day, is payable to the Traveler without itemization of expense or receipts. Reimbursement requests for actual expenses that exceed the M&IE per diem will not be reimbursed by the City.
12.6 In addition to the above, the following reimbursement policies apply:
12.6.1 Meals purchased at the hotel and added to lodging receipts or folios (including room service) will be deducted from the M&IE per diem allowance. Refer to Section 8.0 – Unauthorized Expenses.
12.6.2 Reimbursement claims in excess of the M&IE per diem will be reduced to the M&IE per diem.
12.6.3 Any provided meals will be deducted from the M&IE per diem for that day, including the proportional first or last day M&IE per diem.
12.6.4 In cases where breakfast is included in the room price, it must be stated in per diem worksheet and deducted from the per diem reimbursement.
12.6.5 Meals may not be paid using the City purchase card except as otherwise noted in this Policy.
12.6.6 If a Traveler has dietary restrictions, religious requirements, or is otherwise unable to consume the provided meals, these meal values do not need to be deducted.
12.6.7 If the traveler spends an amount in excess of the per diem amount, the excess expense is not eligible for reimbursement.
12.6.8 The government per diem allowance is the maximum that can be reimbursed.
If a Traveler spends less than this allowance, they can claim less than the maximum.
SECTION 13 - Miscellaneous Expenses
13.0 Travelers will be reimbursed for actual telephone, fax, parking expenses, tolls, tipping (excluding tips for meals and incidentals which fall under the Maximum Federal Rates), taxi, shuttle, ride-hailing services, hotel internet charges, or other reasonable expenses shall be supported by receipts. Where receipts are not available, a signed declaration of expenditure may be accepted by the Deputy Director of Administrative Services at their discretion.
13.1 Traveler’s who have a City-issued cell phone or receive a cell phone stipend shall not be 162
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reimbursed for cell phone or telephone costs unless there are extenuating circumstances such as no cell phone reception.
13.2 Hotel telephone bills should identify which calls were made regarding City business.
13.3 Travelers shall make every effort to utilize cost-effective means to park vehicles overnight. The City recommends overnight parking in the hotel where the Traveler is staying. Valet parking, while not encouraged, may be allowed if it is the only means available for reasonable and safe parking for the Traveler.
SECTION 14 - Cash Advances
14.0 From time to time, it may be necessary for a Traveler to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to the Finance Division no more than thirty (30) days before and no less than fifteen (15) days prior to the need for the advance. Every effort should be made to request the cash advance ahead of the normal check run date occurring before the need for the advance.
14.1 Upon request, department directors shall determine if a cash advance is necessary and appropriate.
14.2 Any unused advance must be returned to the City within ten (10) calendar days of the Travelers’ return. If the Traveler fails to reconcile expenses upon their return, they shall forfeit the ability to receive future advances.
SECTION 15 – Expense Report and Receipts
15.0 All cash advance expenditures and expense reimbursement requests must be submitted on an expense report form provided by the Department of Administrative Services-Finance Division.
15.1 Expense reports must document that the expenses incurred meet the requirements of this Policy.
15.2 Expense reports shall be submitted within thirty (30) calendar days of an expense being incurred.
15.3 Itemized receipts are required for all business travel expenses, except M&IE, under a per diem allowance. Itemized receipts include the name of the vendor and a list of each cost incurred, item by item. In addition to the itemized receipt, all miscellaneous travel expenses shall include the following information:
15.3.1 The amount of the expenditure.
15.3.2 The date and place of the expenditure.
15.3.3 The business purpose of the expenditure.
15.3.4 If applicable, the business relationship to the person entertained, as well as the individual’s names.
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SECTION 16 - Spouses and Guests
16.0 Spouses and guests may accompany Travelers on City travel and at conferences, seminars, and meetings in compliance with the Vehicle Use and Driving Standards Policy. However, any additional costs associated with the participation of a spouse or guest shall be the Travelers’ responsibility.
SECTION 17- Combining Personal Travel with Official Business
17.0 Travelers may combine personal travel with business travel when pre-approved in writing by their department director. The City is responsible only for the official business portion of the trip.
17.1 When combining personal travel with official business travel, there is no reimbursement for lodging, meal per diem, car rental, or any other expense attributable to such portion considered personal travel. The Traveler must provide for their own rental vehicle during the time of personal travel and shall not extend the rental agreement secured by the City for official business travel.
SECTION 18 - Expenses to Accommodate Individuals with Disabilities
18.0 This Policy shall not be construed to limit the City’s ability to reimburse Travelers for reasonable and necessary expenses above that which is otherwise permitted under this Policy where such additional reasonable expenses are necessary to accommodate for a disability.
SECTION 19 - Rates
19.0 The Finance Division is responsible for annually updating the Maximum Federal Rates published by the U.S. GSA. The Finance Division shall also update the IRS allowed mileage reimbursement rate on January 1 of each year or as any changes are implemented by the IRS.
SECTION 20 - Unforeseen and Uncontrollable Natural Events
20.0 Unforeseen and uncontrollable events are exclusively events that could not have been prevented by the exercise of foresight or caution by the Traveler. The City will reasonably cooperate with any Traveler to make lodging, meal, travel, and other reasonable accommodations where the Traveler’s ability to travel has been impacted by such natural event(s). However, the City shall not pay overtime costs associated with such natural events.
SECTION 21 – Rewards Cards/Credits
21.0 The management of a personal rewards program is the responsibility of the Traveler, not the City’s. If the Traveler has been issued a purchase card, the Traveler shall use their purchase card rather than a personal credit card to book City travel. 164
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21.1 Travelers shall not receive reimbursement for using airline and hotel rewards credits (credits, points, etc.) while conducting approved City business. Airline and hotel rewards credits do not translate to a cash value to be reimbursed by the City.
Adopted: June 25, 2024
165
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING THE REVISED SALARY SCHEDULES FOR ROCKLIN POLICE OFFICERS’ ASSOCIATION; ROCKLIN POLICE OFFICERS’ ASSOCIATION PUBLIC SAFETY MANAGERS’ BARGAINING UNIT; ROCKLIN FIREFIGHTERS’ UNION; ROCKLIN PUBLIC SERVICE EMPLOYEES’ BARGINING UNIT; AND ROCKLIN MANAGEMENT, CONFIDENTIAL AND UNREPRESENTED EMPLOYEES’
RESOLUTION
WHEREAS, the City of Rocklin adopted Resolutions 2022-129, 2022-143, and 2022- 159, 2023-131, and 2023-134 which established Memorandums of Understanding (MOU) between the City of Rocklin and the Rocklin Police Officers' Association, Rocklin Police Officers' Association Public Safety Managers' Bargaining Unit, Rocklin Firefighter's Union, Local 3847, Public Service Employees Bargaining Unit, and the Management, Confidential, and Unrepresented Employees Resolution respectively; and WHEREAS, the Rocklin Police Officers' Association, Rocklin Police Officers' Association Public Safety Managers' Bargaining Unit, Rocklin Firefighter's Union, Local 3847 MOUs referenced above contains a provision that states effective the first full pay period of July 2024, each classification shall receive a 2.0% base salary increase; and WHEREAS, the Rocklin Public Service Employees’ Bargaining Unit MOU and Management, Confidential, and Unrepresented Resolution referenced above contains a provision that states effective the first full pay period of July 2024, each classification shall receive a 2.5% base salary increase; and
WHEREAS, the base salary increases require the adoption of the revised salary schedule.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. Effective July 13, 2024, the updated Rocklin Police Officers’ Association Salary Schedules attached hereto as Exhibit “1” are adopted.
Section 2. Effective July 13, 2024, the updated Rocklin Police Officers' Association Public Safety Managers' Bargaining Unit Salary Schedule attached hereto as Exhibit “2” is adopted.
Section 3. Effective July 13, 2024, the updated Rocklin Firefighter’s Union, Salary Schedule attached hereto as Exhibit “3” is adopted.
Section 4. Effective July 13, 2024, the updated Rocklin Public Service Employees Salary Schedules A and B attached hereto as Exhibit “4” is adopted.
Section 5. Effective July 13, 2024, the updated Rocklin Confidential Salary Schedules A and B attached hereto as Exhibit “5” is adopted. 166
Section 6. Effective July 13, 2024, the updated Rocklin Management Salary Schedule attached hereto as Exhibit “6” is adopted.
PASSED AND ADOPTED this 25th day of June, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Greg Janda, Mayor
Avinta Singh, City Clerk
Resolution No. 2024-
167
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Police Sergeant SP 1 114,182$ 118,179$ 122,315$ 126,596$ 131,027$ 135,613$ 140,359$ 145,272$ 150,356$ 155,619$ Police Officer SP 2 92,876 96,127 99,491 102,973 106,578 110,308 114,169 118,164 122,300 126,581 Public Safety Dispatch Supervisor NSP0 80,253 83,062 85,969 88,978 92,092 95,316 98,652 102,105 105,678 109,377 Crime Analyst NSP1 77,782 80,505 83,322 86,239 89,257 92,381 95,614 98,961 102,424 106,009 Senior Public Safety Dispatcher NSP2 74,656 77,269 79,973 82,772 85,669 88,667 91,771 94,983 98,307 101,748 Community Service Officer NSP3 69,446 71,876 74,392 76,996 79,691 82,480 85,367 88,354 91,447 94,647 Police Community Program Coordinator
Police Records Supervisor
Police Technical Assets Coordinator
Public Safety Dispatcher II
Senior Records Technician NSP4 66,380 68,703 71,108 73,597 76,173 78,839 81,598 84,454 87,410 90,469 Evidence and Property Technician NSP5 64,776 67,043 69,389 71,818 74,332 76,933 79,626 82,413 85,297 88,283 Public Safety Dispatcher I NSP6 60,080 62,182 64,359 66,611 68,943 71,356 73,853 76,438 79,113 81,882 Animal Control Officer
Assistant Evidence and Property Technician NSP7 58,887 60,948 63,081 65,289 67,574 69,939 72,387 74,921 77,543 80,257 Police Records Technician NSP8 57,218 59,220 61,293 63,438 65,659 67,957 70,335 72,797 75,345 77,982 Police Officer Trainee NSP8 57,218
CITY OF ROCKLIN
POLICE SALARY SCHEDULE
(Annual Salary)
Effective July 13, 2024
168
Step Increase 3.50%
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Police Services Manager SP 1 85,750$ 88,751$ 91,858$ 95,073$ 98,400$ 101,844$ 105,409$ 109,098$ 112,916$ 116,868$ Police Lieutenant SP 2 140,440 145,355 150,443 155,708 161,158 166,799 172,637 178,679 184,933 191,405
CITY OF ROCKLIN
PUBLIC SAFETY MANAGEMENT SALARY SCHEDULE
(Annual Salary)
Effective July 13, 2024
169
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Firefighter 84,281$ 87,231$ 90,284$ 93,444$ 96,715$ 100,100$ 103,603$ 107,229$ 110,982$ 114,867$ Fire Engineer 93,616 96,892 100,284 103,794 107,426 111,186 115,078 119,105 123,274 127,589 Fire Captain 107,014 110,760 114,636 118,648 122,801 127,099 131,548 136,152 140,917 145,849 Fire Battalion Chief-Line 126,568 130,998 135,583 140,328 145,240 150,323 155,584 161,030 166,666 172,499 Fire Marshal
CITY OF ROCKLIN
FIRE SALARY SCHEDULE
(Annual Salary)
Effective July 13, 2024
170
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Office Assistant I 5 38,365$ 39,708$ 41,098$ 42,536$ 44,025$ 45,566$ 47,161$ 48,811$ 50,520$ 52,288$ Park Services Aide
Office Assistant II 11 44,492 46,049 47,661 49,329 51,056 52,843 54,692 56,606 58,588 60,638 Recreation Specialist
Code Enforcement Technician 14 47,913 49,590 51,326 53,122 54,981 56,906 58,897 60,959 63,092 65,301 Street Maintenance Worker I 15 49,112 50,831 52,610 54,451 56,357 58,330 60,371 62,484 64,671 66,935 Landscape Services Worker 17 51,597 53,403 55,272 57,207 59,209 61,281 63,426 65,646 67,944 70,322 Street Maintenance Worker II
Equipment Mechanic I 19 54,210 56,108 58,071 60,104 62,208 64,385 66,638 68,971 71,385 73,883 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 55,566 57,510 59,523 61,607 63,763 65,995 68,304 70,695 73,169 75,730
Irrigation Maintenance Technician
Accounting Technician I 21 56,955 58,948 61,011 63,147 65,357 67,644 70,012 72,462 74,999 77,623 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 58,379 60,422 62,537 64,725 66,991 69,335 71,762 74,274 76,873 79,564 Senior Building Maintenance Worker
Administrative Assistant 23 59,838 61,932 64,100 66,344 68,666 71,069 73,556 76,131 78,795 81,553 Engineering Technician I
Planning/Building Technician II
Recreation Coordinator
Equipment Mechanic II 24 61,334 63,481 65,703 68,002 70,382 72,846 75,395 78,034 80,765 83,592 Accounting Technician II 25 62,867 65,068 67,345 69,702 72,142 74,667 77,280 79,985 82,784 85,682 Community Development Technician
Environmental Services Technician
Building Inspector I 26 64,439 66,694 69,029 71,445 73,945 76,533 79,212 81,984 84,854 87,824 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27 66,050 68,362 70,754 73,231 75,794 78,447 81,192 84,034 86,975 90,019
CITY OF ROCKLIN
PUBLIC SERVIVCE EMPLOYEES SALARY SCHEDULE B
(Annual Salary)
Effective July 13, 2024
171
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 67,701 70,071 72,523 75,062 77,689 80,408 83,222 86,135 89,150 92,270 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 69,394 71,823 74,336 76,938 79,631 82,418 85,303 88,288 91,378 94,577 Traffic Control and Lighting Technician
Community Development Inspector 30 71,129 73,618 76,195 78,862 81,622 84,479 87,435 90,496 93,663 96,941 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 72,907 75,459 78,100 80,833 83,662 86,591 89,621 92,758 96,004 99,365 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32 74,730 77,345 80,052 82,854 85,754 88,755 91,862 95,077 98,405 101,849 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician
Accountant II 33 76,598 79,279 82,053 84,925 87,898 90,974 94,158 97,454 100,865 104,395 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 80,476 83,292 86,207 89,225 92,348 95,580 98,925 102,387 105,971 109,680 Facilities Maintenance Supervisor
Senior Information Technology Specialist
Assistant Land Surveyor 37 84,550 87,509 90,572 93,742 97,023 100,418 103,933 107,571 111,336 115,232 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 88,830 91,939 95,157 98,487 101,934 105,502 109,195 113,017 116,972 121,066 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
172
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 95,660 99,008 102,474 106,060 109,772 113,614 117,591 121,706 125,966 130,375 Associate Civil Engineer 43 98,052 101,483 105,035 108,712 112,517 116,455 120,531 124,749 129,115 133,634 Deputy Fire Marshal
Plan Check Engineer 44 100,503 104,021 107,661 111,429 115,329 119,366 123,544 127,868 132,343 136,975 Senior Planner
173
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Office Assistant I 5 38,365$ 40,284$ 42,298$ 44,413$ 46,633$ 48,965$ Park Services Aide
Office Assistant II 11 44,492 46,717 49,052 51,505 54,080 56,784 Recreation Specialist
Code Enforcement Technician 14 47,913 50,309 52,824 55,465 58,239 61,151 Street Maintenance Worker I 15 49,112 51,568 54,146 56,853 59,696 62,681 Landscape Services Worker 17 51,597 54,177 56,886 59,730 62,717 65,853 Street Maintenance Worker II
Equipment Mechanic I 19 54,210 56,921 59,767 62,755 65,893 69,188 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 55,566 58,344 61,261 64,324 67,540 70,917 Irrigation Maintenance Technician
Accounting Technician I 21 56,955 59,802 62,793 65,932 69,229 72,690 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 58,379 61,298 64,362 67,581 70,960 74,508 Senior Building Maintenance Worker
Administrative Assistant 23 59,838 62,830 65,971 69,270 72,734 76,370 Engineering Technician I
Planning/Building Technician
Recreation Coordinator
CITY OF ROCKLIN
PUBLIC SERVICE EMPLOYEES SALARY SCHEDULE A
(Annual Salary)
174
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Equipment Mechanic II 24 61,334 64,401 67,621 71,002 74,552 78,279 Accounting Technician II 25 62,867 66,011 69,311 72,777 76,416 80,236 Community Development Technician
Environmental Services Technician
Building Inspector I 26 64,439 67,661 71,044 74,596 78,326 82,242 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27 66,050 69,353 72,820 76,461 80,284 84,298 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 67,701 71,086 74,641 78,373 82,291 86,406 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 69,394 72,864 76,507 80,332 84,349 88,566 Traffic Control and Lighting Technician
Community Development Inspector 30 71,129 74,685 78,419 82,340 86,457 90,780 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 72,907 76,552 80,380 84,399 88,619 93,050 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32 74,730 78,466 82,389 86,509 90,834 95,376 Fire Inspector II
175
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Senior Construction Inspector
Senior Traffic Control and Lighting Technician
Accountant II 33 76,598 80,428 84,449 88,672 93,105 97,760 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 80,476 84,499 88,724 93,161 97,819 102,709 Facilities Maintenance Supervisor
Senior Information Technology Specialist
Assistant Land Surveyor 37 84,550 88,777 93,216 97,877 102,771 107,909 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 88,830 93,271 97,935 102,832 107,973 113,372 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 95,660 100,443 105,465 110,739 116,276 122,089
Associate Civil Engineer 43 98,052 102,954 108,102 113,507 119,182 125,142 Deputy Fire Marshal
Plan Check Engineer 44 100,503 105,528 110,805 116,345 122,162 128,270 Senior Planner
176
Classification Range 1 2 3 4 5 6
Administrative Office Clerk 6 44,758$ 46,995$ 49,345$ 51,812$ 54,403$ 57,123$ Communications Specialist 8 47,023 49,375 51,843 54,435 57,157 60,015 Administrative Office Assistant 11 50,639 53,171 55,830 58,621 61,552 64,630 Departmental Administrative Specialist 17 58,726 61,662 64,745 67,982 71,382 74,951 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 63,241 66,403 69,723 73,210 76,870 80,714 Human Resources Technician II
Payroll Technician II
Executive Assistant 24 69,806 73,297 76,962 80,810 84,850 89,093 Executive Assistant to the City Manager
Paralegal
Information Technology Analyst 34 89,358 93,826 98,517 103,443 108,615 114,046
CITY OF ROCKLIN
CONFIDENTIAL SALARY SCHEDULE A
(Annual Salary)
Effective July 13, 2024
177
Classification Range 1 2 3 4 5 6 7 8 9 10
Administrative Office Clerk 6 44,758$ 46,324$ 47,945$ 49,623$ 51,360$ 53,158$ 55,018$ 56,944$ 58,937$ 61,000$ Communications Specialist 8 47,023 48,669 50,373 52,136 53,960 55,849 57,804 59,827 61,921 64,088 Administrative Office Assistant 11 50,639 52,411 54,246 56,144 58,109 60,143 62,248 64,427 66,682 69,016 Departmental Administrative Specialist 17 58,726 60,781 62,909 65,110 67,389 69,748 72,189 74,716 77,331 80,037 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 63,241 65,455 67,746 70,117 72,571 75,111 77,740 80,461 83,277 86,191 Human Resources Technician II
Payroll Technician II
Executive Assistant 24 69,806 72,250 74,778 77,396 80,105 82,908 85,810 88,813 91,922 95,139 Executive Assistant to the City Manager
Paralegal
Information Technology Analyst 34 89,358 92,486 95,723 99,073 102,541 106,130 109,844 113,689 117,668 121,786 Effective July 13, 2024
(Annual Salary)
CONFIDENTIAL SALARY SCHEDULE A
CITY OF ROCKLIN
178
Classification Range 1 2 3 4 5 6 7 8 9 10
Associate Management Analyst 5 76,313$ 78,984$ 81,748$ 84,610$ 87,571$ 90,636$ 93,808$ 97,091$ 100,490$ 104,007$ Payroll Administrator 6 78,221 80,959 83,792 86,725 89,760 92,902 96,153 99,519 103,002 106,607 Code Enforcement Program Manager 15 97,687 101,106 104,645 108,307 112,098 116,022 120,082 124,285 128,635 133,137 Management Analyst
Manager of Police Records and Communications
Principal Information Technology Analyst 16 100,129 103,634 107,261 111,015 114,901 118,922 123,084 127,392 131,851 136,466 Parks and Recreation Manager 17 102,632 106,225 109,942 113,790 117,773 121,895 126,162 130,577 135,147 139,878 Public Works Manager
City Clerk 18 105,198 108,880 112,691 116,635 120,717 124,943 129,316 133,842 138,526 143,374 Manager of Building Services
Principal Planner
Senior Engineer
Senior Management Analyst
Manager of Planning Services 19 107,828 111,602 115,508 119,551 123,735 128,066 132,548 137,188 141,989 146,959 Principal Management Analyst 20 110,524 114,392 118,396 122,540 126,829 131,268 135,862 140,617 145,539 150,633
Information Technology Manager 22 116,119 120,183 124,390 128,743 133,249 137,913 142,740 147,736 152,907 158,259 Chief Building Official 23 119,022 123,188 127,500 131,962 136,581 141,361 146,309 151,429 156,730 162,215 Deputy Director of Administrative Services 26 128,174 132,660 137,303 142,109 147,082 152,230 157,558 163,073 168,781 174,688 City Engineer/Deputy Director of Community
Development 27 131,378 135,976 140,736 145,661 150,760 156,036 161,497 167,150 173,000 179,055
Deputy Fire Chief 31 145,017 150,093 155,346 160,783 166,410 172,235 178,263 184,502 190,960 197,643 Assistant City Attorney
Director of Community Development 32 148,642 153,845 159,229 164,803 170,571 176,541 182,719 189,115 195,734 202,584 Director of Parks and Recreation
Director of Public Works 34 156,167 161,633 167,290 173,146 179,206 185,478 191,970 198,689 205,643 212,840 Police Captain 35 160,072 165,674 171,473 177,474 183,686 190,115 196,769 203,656 210,784 218,161
CITY OF ROCKLIN
MANAGEMENT SALARY SCHEDULE
(Annual Salary)
Effective July 13, 2024
179
Classification Range 1 2 3 4 5 6 7 8 9 10
Director of Administrative Services 36 164,073 169,816 175,760 181,911 188,278 194,868 201,688 208,747 216,053 223,615
Assistant City Manager 38 172,380 178,413 184,657 191,120 197,810 204,733 211,899 219,315 226,991 234,936 Fire Chief 40 181,106 187,445 194,006 200,796 207,824 215,098 222,626 230,418 238,482 246,829 Police Chief
Salary Resolution No. Date Adopted
City Attorney 230,625 2024-xxx 06/25/2024
City Manager 268,632 2024-xxx 06/25/2024
180
City Council
Staff Report
Subject:
At-Grade Railroad Roadway and Pedestrian Improvements Project Date:
June 25, 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 a Professional Services Contract for Engineering Services for the At-Grade Railroad Roadway and Pedestrian Improvements Project to Kimley-Horn and Associates, Inc. and Authorizing the City Manager to Execute the Agreement.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Approving Reimbursement Agreements with Union Pacific Railroad (UPRR) Company for Preliminary Engineering Services for the At-Grade Railroad Roadway and Pedestrian Improvements Project and Authorizing the City Manager to Execute the Agreements.
Background:
In 1864, the City of Rocklin was recognized as a destination along the first transcontinental railroad. This began a long, rich history of connectivity. Today the City has seven locations where City streets cross the railroad tracks at-grade: Farron Street, Rocklin Road, Midas Avenue (2 crossings), Americana Way, Del Mar Avenue, Pacific Street, and Dominguez Road.
To ensure pedestrians have safe, accessible paths across these tracks, City staff conducted field investigations to determine if any improvements may be needed.
Early conversations with UPRR’s consultant team shaped the City’s scope of work as well as set forth expectations for advancing the project. While each crossing may benefit from some enhancements, to best utilize the limited funding available, preliminary design work will be prioritized to four locations as follows: 1) Farron Street, 2) Del Mar Avenue, 3) Midas Avenue, and 4) Dominguez Road. These locations have no pedestrian connectivity across the railroad tracks, whereas the other crossings have at least one pedestrian pathway across the tracks.
Staff anticipate first designing improvements for the Farron Street crossing. Provided there is sufficient funding remaining (see discussion further below), the Del Mar Avenue crossing may also see improvements in the design phase. In addition to the aforementioned Farron Street and Del Mar Avenue sites, on-site field reviews with UPRR and California Public Utilities Commission (CPUC) staff will occur at the Midas Avenue and Dominguez Road crossings in Item Number 3O.
181
order to ascertain what roadway and railroad improvements would be required if the City were to move forward with construction at these locations in the future. Until these field reviews are conducted, the exact scope of the design for each location, as well as the associated design and construction costs, are unknown and therefore, it is uncertain at this time how far the City’s limited funding for this project will be able to accommodate the different locations being considered.
On March 22, 2024, the City issued a Request for Proposals (RFP). On April 30, 2024, the City received four proposals from qualified engineering firms. An internal review panel from the Community Development Department evaluated these proposals on the basis of each firm’s experience and qualifications, understanding of the services proposed, and completeness of the proposal and any supporting documents. Subsequent consultant interviews were conducted on May 23, 2024, resulting in a staff recommendation to award the design contract to Kimley-Horn and Associates, Inc (KHA), as this firm was determined to be the most qualified to perform the professional services in connection with the project.
UPRR Reimbursement Agreements
UPRR will support the City’s consultant team in administering the project and will require the City to be responsible for all UPRR staff costs. To this end, UPRR separated the four railroad crossings into two Reimbursement Agreements for Preliminary Engineering Services, with an estimated cost of $45,000 each. These agreements are non-negotiable and must be executed prior to UPRR staff commencing work. It must also be noted that these are estimates and the City will be responsible for the total amount of the actual costs incurred. Staff will proactively monitor UPRR’s cost in comparison to the project budget. Upon completion of the design phase, staff will return to the City Council to consider a UPRR-required Construction and Maintenance Agreement prior to the City commencing construction.
Funding
The project is the recipient of $3,907,854 in federal Surface Transportation Block Grant (STBG) funds from the Placer County Transportation Planning Agency (PCTPA) with $450,000 of these funds being set aside for the design phase of work. Both the local match for the grant as well as the railroad reimbursement agreements will be funded from the SB 325 Gas Tax Fund (210).
Fiscal Impact:
The total contracts' not-to-exceed amounts from KHA, as well as the railroad reimbursement agreements, are within the 2025–2029 Capital Improvement Program budget for Fiscal Year 2024/25.
ATTACHMENTS:
1. Resolution A - Kimley-Horn and Associates, Inc.
2. Resolution A Exhibit A - Kimley-Horn and Associates, Inc. Contract
3. Resolution B - Union Pacific Railroad
4. Resolution B Exhibit A - Reimbursement Agreement - Del Mar and Dominguez
5. Resolution B Exhibit B - Reimbursement Agreement - Farron and Midas 182
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AWARDING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING
SERVICES FOR THE AT-GRADE RAILROAD ROADWAY AND PEDESTRIAN IMPROVEMENTS PROJECT TO KIMLEY-HORN AND ASSOCIATES, INC. AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the At-Grade Railroad Roadway and Pedestrian
Improvements Project consists of providing safe, accessible paths of travel for pedestrians across multiple at-grade railroad crossings, subject to funding; WHEREAS, City staff issued a Request for Proposals on March 22, 2024 to provide professional engineering services for the project; WHEREAS, on April 30, 2024, four (4) proposals were received; WHEREAS, staff selected Kimley-Horn and Associates, Inc. as the most qualified team to provide engineering services for a not-to-exceed contract amount of $561,865.11; and
WHEREAS, federal funds in the amount of $450,000 (Fund 240) and gas tax funds (Fund 210) in the amount of $111,865.11 are budgeted in the 2025 – 2029 Capital Improvement Program in Fiscal Year 2024/25 to support design.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. Awards the professional engineering services contract for the At- Grade Railroad Roadway and Pedestrian Improvements Project to Kimley-Horn and Associates in the amount of $561,865.11 and authorizes the City Manager to execute an agreement in substantially the form attached hereto as Exhibit “A”.
PASSED AND ADOPTED this 25 th day of June, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
Name
Kevin
Aguigui
Elbert
Chang
John
Pulliam
Peter
Meyerhofer
Lauren
Jumanan
Taylor
Brown
Robert
Paderna
Tim
Miller
Tyler
Whaley
Alex
Jewell
Category/Title Project
Manager QC/QA QC/QA Principal-in-
Charge Task Lead Task Lead Task Lead Task Lead Task Lead Task Lead Direct Rate $129.90 $104.62 $104.82 $92.50 $68.70 $49.52 $84.86 $76.74 $84.38 $85.24 $100.58 $75.44 $64.62 $51.94 $44.04 $46.70 Task 1 3 2 0040000000 1 6 8 2 4 0 1 61 0 0 $ 8 , 2 4 4 . 5 6
1.1 32 4 16 8 24 16 100 $ 8,244.56
Task 2 4000 2 4 6 4 000000 1 6 0 1 6 0 1 2 4 $ 7 , 0 7 6 . 2 4
2.1 42 4 4 8 16 92 $ 5,579.28
2.2 8 8 16 $ 748.48
2.3 8 8 16 $ 748.48
Task 3 8000 2 8 4 8 1 8 080080 8 0 84 2 1 0 $ 1 2 , 8 4 0 . 1 2
3.1 48 16 8 36 $ 1,854.32
3.2 4 10 24 38 $ 2,614.76
3.3 4 24 40 8 8 8 40 4 136 $ 8,371.04 Task 4 1 0 00000000 2 8 0000 7 0 0 1 0 8 $ 6 , 7 6 8 . 5 2
4.1 2 4 40 46 $ 2,362.36
4.2 2 4 6 12 $ 865.00
4.3 2 4 20 26 $ 1,481.56
4.4 2 12 14 $ 1,282.68
4.5 1 2 2 5 $ 388.46
4.6 1 2 2 5 $ 388.46
Task 5 0000008000 3 2 00004 4 4 $ 4 , 0 8 4 . 2 4
5.1 83 2 4 44 $ 4,084.24
Task 6 00008 3 2 0000080008 5 6 $ 3 , 1 1 1 . 3 6
6.1 83 2 8 8 56 $ 3,111.36
Task 7 36 10 14 4 112 240 36 28 72 0 0 88 64 32 284 32 1052 $ 64,856.56
7.1 8242 3 6 8 8 88 2 4 4 0 1 6 1 6 1 0 0 1 23 6 4 $ 2 1 , 8 4 8 . 5 6
7.2 8 6 6 52 104 24 16 32 32 16 16 120 12 444 $ 27,107.20
7.4 4242 2 4 4 8 44 1 6 1 6 4 8 8 1 8 0 $ 1 1 , 0 4 9 . 9 2
7.5 16 32 16 64 $ 4,850.88
Task 8 3 6 000 7 0 1 1 2 00000000 3 2 0 2 5 0 $ 16,440.92
8.1 16 40 40 16 112 $ 7,511.84
8.2 14 8 24 46 $ 3,556.68
8.3 44 2 0 16 44 $ 2,489.44
8.4 21 8 2 8 48 $ 2,882.96
126 10 14 8 242 496 62 28 80 28 32 120 88 136 410 64 1944 $16,367.40 $1,046.20 $1,467.48 $740.00 $16,625.40 $24,561.92 $5,261.32 $2,148.72 $6,750.40 $2,386.72 $3,218.56 $9,052.80 $5,686.56 $7,063.84 $18,056.40 $2,988.80 $ 123,422.52 $10,050.34
196.54% 262,327.57$
395,800.43$
10% 39,450.57$
435,251.00$
$ 126,614.11
$ 300.00
$ 250.00
$ 150.00
$ 17,591.05
$ 30,019.78
$ 24,572.60
$ 49,930.68
$ 3,800.00
$ 561,865.11
Utility Coordination
Utility Coordination
Field Utility Locating and Marking
Potholing (up to four six
for utility locating)
TOTAL COST:
Wiltec - Traffic Counts (DBE)
Outside Printing
Preliminary Engineering (35% Concept Design)
Topographic Survey and Base Mapping
Lighting Analysis
35% Concept design
Environmental
Preliminary Environmental Study (PES) Form and Area of
Potential Effects
(APE) Map
65% Design
95% Design
Technical Work Study Program
CEQA and NEPA Compliance
Environmental Meetings and Coordination
Cultural Resources Reports
CITY OF ROCKLIN
At-Grade Railroad Roadway and Pedestrian Improvements Project Federal Project No. STPL-5095 (028)
Kimley-Horn and Associates, Inc.
Project
Support
TOTAL HOURS TOTAL COST
Sr.
Professional II
Project Management and Coordination
Project Management and Coordination
Railroad Preemption
UPRR and CPUC Coordination
UPRR and CPUC Coordination
Field Diagnostic Meetings
GO 88-B Preparation and Coordination
Other Coordination
Fed-Ex/Courier/Overnight Delivery
Community Engagement
Biological Resources Assessment
100% Design
Unico (DBE)
TOTAL HOURS
Subtotal Direct Labor:
Escalation
Subtotal Labor, Overhead & Fee:
Overhead (196.54% includes FCCM of 0.97%)
Subtotal Labor & Overhead:
Fee - Fee is not charged on the FCCM portion of the ICR Other Direct Costs
Parikh (DBE)
Travel/Mileage
Bargas (DBE)
BESS Testlab
Farron Street and Delmar Avenue Crossings
Sr.
Professional I Professional Analyst II Analyst I
Right of Way Engineering
TCEs and PTECs (UPRR R/W)
Plans, Specifications, and Estimate (PS&E)
Community Engagement
REVISED: 5/28/2024
220
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 5/28/2024
DIRECT LABOR
Hours
126
10 14
8 242
496
62 28
80 28
32 120
88 136
410
64 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases
(see Anticpated Salary Increases page for calculation)
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 133,472.86$
INDIRECT COSTS
d) Fringe Benefits ( Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] -$ f) FCCM ( Rate: 0.97% ) 1,294.69 $
h) Overhead ( Rate: 195.57% ) i) Overhead [(c) x (h)] 261,032.88$ j) TOTAL INDIRET COSTS [(e) + (g) + (i)] 262,327.57$
FIXED FEE k) TOTAL FIXED FEE [(c) + (e) + (i)* fixed fee 10% ] 39,450.57$ Quatity Unit
l) TOTAL OTHER DIRECT COSTS 4,500.00$
Subconsultant 1: 17,591.05$
Subconsultant 2: 30,019.78$
Subconsultant 3: 24,572.60$
Subconsultant 4: 49,930.68$
122,114.11$
126,614.11$
561,865.11$
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Kimley-Horn and Associates, Inc.
Project Manager Aguigui, Kevin $129.90 16,367.40 $
QC/QA Chang, Elbert $104.62 1,046.20 $
STPL-5095 (028)
Classification/Title Name Actual Hourly Rate Total
Task Lead Jumanan, Lauren $68.70 16,625.40 $
Task Lead Brown, Taylor $49.52 24,561.92 $
QC/QA Pulliam, John $104.82 1,467.48 $
Principal-in-Charge Meyerhofer, Peter $92.50 740.00 $
Anayst II TBD $51.94 7,063.84 $
Analyst I TBD $44.04 18,056.40 $
Sr. Professional II TBD $100.58 3,218.56 $
Sr. Professional I TBD $75.44 9,052.80 $
g) FCCM [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Description of Item Unit Cost Total
Travel/Mileage $0.00 300.00 $
Project Support TBD $46.70 2,988.80 $
123,422.52$
10,050.34$
Wiltec - Traffic Counts (DBE) $0.00 3,800.00 $
m) SUBCONSULTANTS' COSTS
Bargas (DBE)
BESS Testlab
Outside Printing $0.00 250.00 $
Fed-Ex/Courier/Overnight Delivery $0.00 150.00 $
TOTAL COST [(c) + (j) + (k) + (n)]
Parikh (DBE)
Unico (DBE)
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] Task Lead Jewell, Alex $85.24 2,386.72 $
Professional TBD $64.62 5,686.56 $
Task Lead Paderna, Robert $84.86 5,261.32 $
Task Lead Miller, Timothy $76.74 2,148.72 $
Task Lead Whaley, Tyler $84.38 6,750.40 $
Prime Consultant
Subconsultant
2nd Tier Subconsultant
221
COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided b y total hours) Direct Labor
Subtotal
per Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 123,422.52 / 1944 = $63.49 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly Rate Proposed
Escalation
Year 1 $63.49 + 5.5% = $66.98
Year 2 $66.98 + 5.5% = $70.66
Year 3 $70.66 + 5.5% = $74.55 Year 4 Avg Hourly Rate
Year 4 $74.55 + 5.5% = $78.65 Year 5 Avg Hourly Rate
Estimated %
Completed Each
Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 0.00% * 1944 = 0 Estimated Hours Year 1
Year 2 65.00% * 1944 = 1263.6 Estimated Hours Year 2
Year 3 25.00% * 1944 = 486 Estimated Hours Year 3
Year 4 10.00% * 1944 = 194.4 Estimated Hours Year 4
Year 5 0.00% * 1944 = 0 Estimated Hours Year 5
Total 100% Total = 1944
4. Calculate Total Costs includin
g Escalation (Multiply average hourly rate by the number of hours) Avg Hourly Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $63.49 * 0 = $0.00 Estimated Hours Year 1
Year 2 $66.98 * 1263.6 = $84,636.99 Estimated Hours Year 2 Year 3 $70.66 * 486 = $34,343.09 Estimated Hours Year 3 Year 4 $74.55 * 194.4 = $14,492.78 Estimated Hours Year 4 Year 5 $78.65 * 0 = $0.00 Estimated Hours Year 5
= $133,472.86
= $123,422.52
= $10,050.34 Transfer to Page 1
Period 1 = Contract inception through 6/30/24 Period 2 = 7/1/24 through 6/30/25 Period 3 = 7/1/25 through 6/30/26 Period 4 = 7/1/26 through 6/30/27 Period 5 = 7/1/27 through 6/30/28 COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
3. Calculate estimated hours per year (Multiply estimate % each period by total hours Cost
Per Period
5 Year
Contract Duration
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
222
COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 5/28/ 2024 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures COST PROPOSAL 1
[email protected] 510-625-0712
1300 Clay Street, Suite 900, Oakland, CA 94612
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Engineering Services
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Anthony Podegracz Vice President
223
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 5/21/2024
DIRECT LABOR
Hours
18.00 64.00
8.00 21.00
4.00 6.00
26.00 8.00
0.50 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases
(see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] 5,740.06$
INDIRECT COSTS
d) Fringe Benefits ( Rate: 53.18% ) e) Total Fringe Benefits [(c) x (d)] 3,052.56$ f) Overhead ( Rate: 108.31% ) 6,217.06 $
h) General and Administrative ( Rate: 0.00% ) i) Gen & Admin [(c) x (h)] -$ j) Total Indirect Costs [(e) + (g) + (i)] 9,269.62$
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] 1,500.97$ Quatity Unit
120 MI
1 LS
l) TOTAL OTHER DIRECT COSTS 1,080.40$
-$
1,080.40$
17,591.05$
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Bargas Environmental Consulting, LLC
STPL-5095 (028)
Classification/Title Name Actual Hourly Rate Total
Principal L. Arias 53.85$ 969.30$ Scientist III TBD 33.75$ -$
Project Coordinator II TBD 23.30$ -$ Scientist II TBD 30.00$ -$
Scientist I TBD 25.00$ -$
Project Coordinator IV TBD 28.75$ -$ Project Coordinator I TBD 21.25$ -$ GIS Manager TBD 50.43$ -$
GIS Specialist TBD 42.00$ -$
Unit Cost Total
Mileage Reimbursement $0.67 80.40$
GIS Technician TBD 30.50$ -$
5,740.06$
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] NCIC Record Search Fee $1,000.00 1,000.00$
TOTAL COST [(c) + (j) + (k) + (n)]
Principal J. Benn 55.29$ 221.16$ Principal TBD 64.34$ -$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) -$
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item
Scientist IV A. Hallock 35.70 $ 2,284.80$ Scientist II K. Sage 24.00 $ 192.00 $ GIS D. Baumbach 40.00 $ 840.00 $ Scientist VI TBD 51.12 $ - $
Scientist V TBD 44.75 $ - $
Project Coordinator III TBD 26.15 $ - $ Scientist IV TBD 39.37 $ - $
Scientist IV D. Baumbach 40.00 $ 240.00 $ Scientist II S. Johnson 27.50 $ 715.00 $ Technical Editor L. Nations 33.00 $ 264.00 $ Project Coordinator T. Clarke 27.60 $ 13.80 $ Senior Scientist TBD 59.31 $ - $ Prime Consultant
Subconsultant
2nd Tier Subconsultant
January 2020 224
COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided b y total hours) Direct Labor
Subtotal per
Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 5,740.06 / 156 = $36.91 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $36.91 + 5% = $38.76
Year 2 $38.76 + 5% = $40.70
Year 3 $40.70 + 5% = $42.73 Year 4 Avg Hourly Rate
Year 4 $42.73 + 5% = $44.87 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 100.00% * 155.5 = 155.5 Estimated Hours Year 1
Year 2 0.00% * 155.5 = 0 Estimated Hours Year 2
Year 3 0.00% * 155.5 = 0 Estimated Hours Year 3
Year 4 0.00% * 155.5 = 0 Estimated Hours Year 4
Year 5 0.00% * 155.5 = 0 Estimated Hours Year 5
Total 100% Total = 155.5
4. Calculate Total Costs includin
g Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated
above)
(calculated
above)
Year 1 $36.91 * 155.5 = $5,740.06 Estimated Hours Year 1 Year 2 $38.76 * 0 = $0.00 Estimated Hours Year 2
Year 3 $40.70 * 0 = $0.00 Estimated Hours Year 3
Year 4 $42.73 * 0 = $0.00 Estimated Hours Year 4
Year 5 $44.87 * 0 = $0.00 Estimated Hours Year 5
= $5,740.06
= $5,740.06
= $0.00 Transfer to Page 1
Cost
Per Period
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
5 Year
Contract Duration
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Year 2 Avg Hourly
Year 3 Avg Hourly
January 2020 225
COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 5/21/ 2024 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. 3604 Fair Oaks Blvd., Suite 180, Sacramento, CA 95864
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Biological and Cultural Resources Consulting
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifying:
Andrew Hernandez, MBA Director
[email protected] (714) 365-8236
2. Terms and conditions of the contract
January 2020 226
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 5/21/2024
DIRECT LABOR
Hours
8 8
12 9
1 8
8 24
16 4
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] 4,154.06$
INDIRECT COSTS
d) Fringe Benefits ( Rate: 28.14% ) e) Total Fringe Benefits [(c) x (d)] 1,168.95$ f) Overhead ( Rate: 95.46% ) 3,965.46$
h) General and Administrative ( Rate: 47.74% ) i) Gen & Admin [(c) x (h)] 1,983.15$ j) Total Indirect Costs [(e) + (g) + (i)] 7,117.56$
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] 1,127.16$ Quatity Unit
8 HR
1 EA
4 EA
8 HR
8 HR
16 HR
2 EA
1 DAY
1 L/S
1 L/S
1 HR
4 HR
l) TOTAL OTHER DIRECT COSTS 17,621.00$
Subconsultant 1: $
-$
17,621.00$
30,019.78$
UPRR Rail Pro Flagger- Cost+ 10% (Allowance) $475.00 950.00$ 112.00$
Utility Locator Juan Bugarin** $45.82 733.12$
Backfill Material $115.00 460.00 $
Dump Fee $1,100.00 1,100.00$
101.32$
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
Vacuum Excavator- Air $185.00 1,480.00 $
TOTAL COST [(c) + (j) + (k) + (n)]
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] 1 Person Utility Truck Mobilization Fee $114.00 456.00$ Air-Vac Mobilization Fee $299.00 299.00$
Utility Locator w/ GPR & EM equipment with Truck $38.00 304.00$ Dump Truck w/ restoration Equimpent $75.00 600.00$
Traffic Control Arrow Board Truck w/ Cones ect. $67.00 1,072.00$ UPRR Encroachment Permit- Cost+10% (Allowance) $3,250.00 6,500.00$ Traffic Control Plans $450.00 900.00$
City Encroachment Permit- Cost+10% (Allowance) $1,255.50 3,500.00$ 4,052.74$
Air-Vac Operator Gibson Falepouono** $52.60 473.40$
Air-Vac Operator (OT) Gibson Falepouono** $68.38 68.38$ Air-vac Helper Alejandro Landeros (apprentice)** $29.00 232.00$ Restoration Technician Cristian Saucedo** $36.25 290.00$ Traffic Control Technician Juan Jardon** $36.25 870.00$ Adriana Rubio Report Technician $28.00
Project Manager Felix Alvarez* $62.50 500.00$
Project Coordination/ Admin Neyda Gomez $28.00 224.00$
Utility Foreman Jaime Carranza** $45.82 549.84$
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
BESS Testlab Inc.
STPL-5095 (028)
Classification/Title Name Actual Hourly Rate Total
Prime Consultant
Subconsultant
2nd Tier Subconsultant
January 2020 227
COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided b y total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 4,052.74 / 98 = $41.35 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $41.35 + 5% = $43.42
Year 2 $43.42 + 5% = $45.59
Year 3 $45.59 + 5% = $47.87 Year 4 Avg Hourly Rate
Year 4 $47.87 + 5% = $50.27 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 50.00% * 98 = 49 Estimated Hours Year 1
Year 2 50.00% * 98 = 49 Estimated Hours Year 2
Year 3 0.00% * 98 = 0 Estimated Hours Year 3
Year 4 0.00% * 98 = 0 Estimated Hours Year 4
Year 5 0.00% * 98 = 0 Estimated Hours Year 5
Total 100% Total = 98
4. Calculate Total Costs includin
g Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $41.35 * 49 = $2,026.37 Estimated Hours Year 1
Year 2 $43.42 * 49 = $2,127.69 Estimated Hours Year 2
Year 3 $45.59 * 0 = $0.00 Estimated Hours Year 3
Year 4 $47.87 * 0 = $0.00 Estimated Hours Year 4
Year 5 $50.27 * 0 = $0.00 Estimated Hours Year 5
= $4,154.06
= $4,052.74
= $101.32 Transfer to Page 1
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Year 2 Avg Hourly
Year 3 Avg Hourly
Cost
Per Period
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
5 Year
Contract Duration
January 2020 228
COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 5/21/ 2024 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. 2463 Tripaldi Way, Hayward CA, 95454
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Utility Coordination
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Felix Alvarez Project Manager
[email protected] (510)731-4214
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Gen erally Accepted Accounting Principles (GAAP)
January 2020
229
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 5/20/2024
DIRECT LABOR
Hours
2 3
15 28
8 8
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases
(see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] 3,849.24$
INDIRECT COSTS
d) Fringe Benefits ( Rate: 43.19% ) e) Total Fringe Benefits [(c) x (d)] 1,662.49$ f) Overhead ( Rate: 129.18% ) 4,972.45 $
h) General and Administrative ( Rate: ) i) Gen & Admin [(c) x (h)] -$ j) Total Indirect Costs [(e) + (g) + (i)] 6,634.94$
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] 1,048.42$ Quatity Unit
1 event
2 hour
1 shift
4 per core
1 per shift
1p e r t a s k
l) TOTAL OTHER DIRECT COSTS 13,040.00$
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
-$
13,040.00$
24,572.60$
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
PARIKH CONSULTANTS., INC.
STPL-5095 (028)
Classification/Title Name Actual Hourly Rate Total
Project Manager TBD $113.88 227.76 $
Sr. Project Engineer/QA QC Manager TBD $82.53 247.59 $
Sr. Project Engineer/Geologist TBD $76.23 1,143.45 $
3,755.36$
Sr. Staff Engineer/PE TBD $50.00 1,400.00 $
Field Engineer/Geologist TBD $57.05 456.40 $
Lab Technician TBD $35.02 280.16 $
Geocon Inc. ADL Testing (combine work with all 4 sites, prorated costs only for 2 sites). $6,000.00 $ 6,000.00
93.88$
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
Encroachment Permit $1,000.00 1,000.00$
Drilling/coring Mob/Demob
Drilling/coring per shift
Grouting/sealing core holes
$500.00
$2,500.00
$10.00
m) SUBCONSULTANTS' COSTS
(Add additional pages if necessary)
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
1,000.00$
2,500.00$
40.00$
Traffic control per shift $2,500.00 2,500.00$
Prime Consultant
Subconsultant
2nd Tier Subconsultant
Prime Consultant
Subconsultant
January 2020 230
COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided b y total hours) Direct Labor Subtotal per Cost
Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 3,755.36 / 128 = $29.34 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly Rate Proposed
Escalation
Year 1 $29.34 + 5% = $30.81
Year 2 $30.81 + 5% = $32.35
Year 3 $32.35 + 5% = $33.96 Year 4 Avg Hourly Rate
Year 4 $33.96 + 5% = $35.66 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated % Completed Each
Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 50.00% * 128 = 64 Estimated Hours Year 1
Year 2 50.00% * 128 = 64 Estimated Hours Year 2
Year 3 0.00% * 128 = 0 Estimated Hours Year 3
Year 4 0.00% * 128 = 0 Estimated Hours Year 4
Year 5 0.00% * 128 = 0 Estimated Hours Year 5
Total 100% Total = 128
4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $29.34 * 64 = $1,877.68 Estimated Hours Year 1
Year 2 $30.81 * 64 = $1,971.56 Estimated Hours Year 2
Year 3 $32.35 * 0 = $0.00 Estimated Hours Year 3
Year 4 $33.96 * 0 = $0.00 Estimated Hours Year 4
Year 5 $35.66 * 0 = $0.00 Estimated Hours Year 5
= $3,849.24
= $3,755.36
= $93.88 Transfer to Page 1
Cost
Per Period
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
5 Year
Contract Duration
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Year 2 Avg Hourly
Year 3 Avg Hourly
January 2020 231
COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 5/20/ 2024 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
3050 Fite Circle, Suite 202, Sacramento, Ca 95827
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Geotechnical
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
GARY PARIKH SEN. PRINCIPAL
[email protected] 408-595-2525
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Gen erally Accepted Accounting Principles (GAAP)
January 2020
232
COST PROPOSAL 1
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 5/28/2024
DIRECT LABOR
Hours
5 0
26 4
24 32
24 24
40 60
20 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases
(see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] 17,568.14$
INDIRECT COSTS
d) Fringe Benefits ( Rate: ) e) Total Fringe Benefits [(c) x (d)] -$ f) Overhead ( Rate: 144.92% ) 25,459.75$
h) General and Administrative ( Rate: ) i) Gen & Admin [(c) x (h)] -$ j) Total Indirect Costs [(e) + (g) + (i)] 25,459.75$
FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] 4,302.79$ Quatity Unit
4 l) TOTAL OTHER DIRECT COSTS 2,600.00$
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
-$
2,600.00$
49,930.68$
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
UNICO Engineering
STPL-5095 (028)
Classification/Title Name Actual Hourly Rate Total
Survey Manager Rob Markes $88.00 440.00 $
Drafter Staff $32.00 - $
Senior Land Surveyor Ryan Ming $70.35 1,829.10 $
Land Surveyor Todd Jordan $53.00 212.00 $
Land Surveyor Roy Porter $40.50 972.00 $
Party Chief Staff $85.47 2,735.04 $
Rodman Staff $78.00 1,872.00 $
Survey Technician Staff $32.00 768.00 $
17,568.14$
Resident Engineer Lacey Smith $90.00 3,600.00 $
Assistant Resident Engineer Staff $64.00 3,840.00 $
Construction Inspector Staff $65.00 1,300.00 $
-$
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
Title Reports $650.00 2,600.00 $
$0.00 - $
$0.00 -$
$0.00 -$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
Prime Consultant
Subconsultant
2nd Tier Subconsultant
January 2020 233
COST PROPOSAL 1
1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided b y total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 17,568.14 / 139 = $126.39 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $126.39 + 5% = $132.71
Year 2 $132.71 + 5% = $139.34
Year 3 $139.34 + 5% = $146.31 Year 4 Avg Hourly Rate
Year 4 $146.31 + 5% = $153.63 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 100.00% * 139 = 139 Estimated Hours Year 1
Year 2 0.00% * 139 = 0 Estimated Hours Year 2
Year 3 0.00% * 139 = 0 Estimated Hours Year 3
Year 4 0.00% * 139 = 0 Estimated Hours Year 4
Year 5 0.00% * 139 = 0 Estimated Hours Year 5
Total 100% Total = 139
4. Calculate Total Costs includin
g Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $126.39 * 139 = $17,568.14 Estimated Hours Year 1 Year 2 $132.71 * 0 = $0.00 Estimated Hours Year 2
Year 3 $139.34 * 0 = $0.00 Estimated Hours Year 3
Year 4 $146.31 * 0 = $0.00 Estimated Hours Year 4
Year 5 $153.63 * 0 = $0.00 Estimated Hours Year 5
= $17,568.14
= $17,568.14
= $0.00 Transfer to Page 1
COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
5 Year
Contract Duration
Year 2 Avg Hourly
Year 3 Avg Hourly
Cost
Per Period
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
January 2020 234
COST PROPOSAL 1
Name: Title*:
Signature: Date of Certification (mm/dd/yyyy): 5/28/ 2024 Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. 80 Blue Ravine Road Suite 250 Folsom, CA 95630
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Survey and Constructability Review
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Cesar Montes de Oca President
[email protected] 530.903.9023
January 2020 235
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
July 23, 2015
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: City of Rocklin 2. Contract DBE Goal: 16%
3. Project Description: Pedestrian and roadway improvements at various at -grade railroad crossings.
4. Project Location: Railroad crossings at: Farron & Del Mar Ave
5. Consultant's Name: Kimley-Horn and Associates, Inc. 6. Prime Certified DBE: 7. Total Contract Award Amount: $561,865.11
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants: 5
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Biological and cultural 41165
Bargas Environmental Consulting, LLC
3604 Fair Oaks Bl Ste.180 Sacramento, CA ,
9 5864
Angela DePaoli, 916-993-9218
$17,591.05
Hazmat 20259
PARIKH Consultants, Inc.
1497 N Milpitas Blvd Milpitas, CA 95035
David Wang, 408-452-9000
$18,572.60
Surveying, plats and legals, constructability review 41342 UNICO Engineering, Inc.
80 Blue Ravine Rd Ste 250 Folsom, CA 95630
Cesar Montes de Oca, 916-900-6623
$49,930.68
Data collection, traffic counts 8440
WILTEC, Inc.
596 N Lake Ave, Ste 301 Pasadena, CA 91101
Moses Wilson, 626-564-1944
$3,800
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$89,894.33 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
16.00% 22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
5/28/24
23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Randy Durrenberger, P.E. 510.350.0239
25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Sr. Vice President
27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE ). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654 -6410 or TDD (916) 654- 236
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Scope of Work
The following section outlines our team’s detailed Scope of Work which includes the following tasks.
Task 1 - Project Management and Coordination
Task 2 - Utility Coordination
Task 3 - Preliminary Engineering (35% Concept Design)
Task 4 - Environmental
Task 5 - Public Engagement
Task 6 - Right-of-Way Engineering
Task 7 - Plans, Specifications, and Estimate (PS&E)
Task 8 - UPRR and CPUC Coordination
Task 9 - Bidding and Construction Support
The figure below presents the work flow that our team has followed for similar grade crossing projects that are federally funded involving Caltrans Local Programs.
PRELIMINARY ENGINEERING
AGREEMENT
FIELD DIAGNOSTIC MEETING
DESIGN REVIEWS (CITY OF ROCKLIN, UPRR, CPUC, CALTRANS) GO 88-B (CITY OF
ROCKLIN AND UPRR)
(CPUC APPROVAL)
Data Gathering
• AADT
• Turning Movement Counts
• Design Vehicle
• School Bus Routes
CEQA or NEPA Document Public Hearings
Technical Studies
Adoption
C&M AGREEMENT
(CITY OF ROCKLIN AND UPRR)
City’s Concept Design (Farron)
ENVIRONMENTAL CLEARANCE CONSTRUCTION
(UPRR CONTRACTOR & CITY CONTRACTOR)
Preliminary Design
(35% Complete)
Final Design
(100% Complete)
Notice to Owner(s) Wireline Crossing
Agreement
Right of Way
Engineering
Plats and Legal
Descriptions
(private property)
Plats and Legal
Descriptions
(UPRR property)
Right of Way Certification
Request for Authorization
E-76 for Construction
Railroad Signal
Design and Estimate
Topographic
Survey
Traffic, Pedestrian
and Queuing Studies
Rights of Entry Preemption Design
Preemption Calculations
(LADOT Methodology)
UPRR Preemption
Request Form
65% Design 95% Design
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Task 1 - Project Management and Coordination
Kimley-Horn will be responsible for providing all contract management and quality control services throughout the duration of the project.
Following receipt of Notice to Proceed (NTP), Kimley-Horn will schedule a project kick-off meeting with the City to discuss project goals, objectives, tasks, roles, and responsibilities. Kimley-Horn will prepare meeting agenda and meeting materials. Kimley-Horn will also prepare meeting notes capturing action items and key next steps.
Kimley-Horn will schedule and facilitate status meetings with the City to discuss the project progress, schedule, present design options, review alternatives, and document decisions and risks. These meetings will be held once a month for the duration of the project.
Task 1 Deliverables
Project schedule and updates
Meeting agendas and minutes for all design, coordination, and status meetings Task 2 - Utility Coordination
Kimley-Horn will submit utility information request letters (Utility “A” letters) to private and public utility companies with facilities in the project area, including but not limited to:
City of Rocklin
Kinder Morgan
Comcast
CenturyLink/QWest Communications Co.
Consolidated Communications
Pacific Gas & Electric
Placer County Water Agency
South Placer Municipal Utility District
AT&T
Verizon Business
T-Mobile
TelePacific Communications
Wave Broadband
Once we obtain utility information from the utility companies, Kimley-Horn will develop a utility base map showing all existing utilities. A utility matrix will be created to track discussions and data received from the various utility agencies.
In addition, our team proposes to conduct field utility locating/marking of the project crossing areas as part of the utility coordination services. This will involve field marking of existing underground utilities. Once marked, our team will incorporate these field findings into the project base mapping.
If needed, Utility “B” letters will be prepared at the 65% design stage and sent to the City for review and approval. Once approved, Kimley-Horn will send the Utility “B” Letter and two copies of the 65% plans to the utility companies for review and to indicate where there are conflicts with their utilities (existing and future). Also, if needed, Utility “C” letters will be prepared at the 100% design stage and submitted to the City for review and approval prior to sending to the affected utility companies.
As needed, Kimley-Horn will prepare Reports of Investigation (ROIs), utility conflict exhibits, cost estimates, and draft utility agreements, and other required documents needed by the utilities and/or Caltrans Local Assistance staff. This effort is part of the ‘B’ and ‘C’ Letters of utility coordination.
Our team will conduct potholing after the 65% design comments are received. We have assumed up to six (6) utility locating holes as part of this scope of work.
Task 2 Deliverables
Utility Matrix
Copies of Utility “A” Letters
Utility field marking report
Potholing report (as necessary)
Copies of Utility “B” and “C” Letters (as necessary)
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Task 3 - Preliminary Engineering (35% Concept Design)
Kimley-Horn will prepare the preliminary engineering designs (35% Concept Designs) and conduct other related activities associated with preliminary engineering. This includes the assessment of the potential issues such as right-of-way constraints, accessibility, drainage, grading, etc.
Preliminary engineering level alignments and design for improvements described in the project description which includes 35% design drawings and construction cost estimates submitted to the City in electronic format (AutoCAD and Excel). The intent of this estimate is to provide the City with the refined initial determination of whether the funding aligns with the proposed improvements.
To the extent possible at this stage in the design, we will identify all public and private utilities that will be affected by construction of the project and determine limits of necessary utility relocation and identify parties responsible for relocation costs.
In addition, and to the extent possible at this stage in the design, Kimley-Horn will determine if any geotechnical engineering investigations are necessary for the project improvements. Any geotechnical engineering work, if necessary, will be included in Task 7.
Topographic Surveys
The Kimley-Horn team will conduct a topographic survey of the project area at each crossing. This includes up to 400 feet beyond the tracks along the roadways and up to 500 feet along the railroad tracks within UPRR right-of-way. If necessary, the Kimley-Horn Horn team will pull the required Right of Entry (ROE) permits from UPRR including the associated fees and required flagging. The topographic surveys will result in base mapping that will show the existing rights-of-way and easements based on right-of-way research and mapping by our team’s licensed surveyor. This includes a verification of rights-of-way for all parcels fronting the project.
Traffic Counts
Peak period turning movement counts will be collected at the intersection of Farron Street/Pacific Street along with 24-hour average daily traffic counts. The turning movement counts including vehicles, pedestrians, and bicycles will be collected on one weekday (AM, midday, and PM) while the 24-hour counts will be collected on one weekday. Additionally, we will collect vehicular queuing data along the eastbound approach along Farron Street. These counts and queue date will be utilized during the railroad preemption planning and design, particularly at the Farron Street crossing, and will provide up to date crossing information data for CPUC and FRA database updates.
Lighting Analysis
A photometric lighting analysis will be conducted for the grade crossing locations which will conform to existing City of Rocklin lighting standards (if any) and the ANS/IES Recommended Practice for Lighting Roadway and Parking Facilities (RP-8-21). Kimley-Horn will coordinate with the City on current lighting and luminaire requirements. Should additional streetlights be necessary, we will coordinate with PG&E on the additional streetlights (see Task 7, PS&E Documents).
Task 3 Deliverables
35% plans and estimate, including topographic survey and right-of-way mapping Lighting analysis and exhibits for each crossing
Traffic counts and studies (as required)
Summary of geotechnical work (if any)
Task 4 - Environmental
The following environmental scope of work has been developed based on the following key assumptions:
Supporting technical documents will be developed pursuant to both NEPA and CEQA guidelines as administered by the City, Caltrans, and FHWA.
One project design alternative is assessed through environmental review.
The proposed improvements are exempt from the Placer County Conservation Plan (PCCP) as Minor Activities and Activities on Existing Non-natural Lands per the PCCP User’s Guide.
This work program will be initiated with the kick-off meeting/discussion which will define the parameters of the analysis, scheduling, and understanding of the project. To acquire relevant environmental data and background information, Kimley-Horn will coordinate with appropriate City departments, use previous studies for the area and other available files, and rely on existing exhibits, maps, and reference documents.
Environmental issues that may require further detailed study or that may delay or affect the viability of the project will be documented. 239
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4.1 Preliminary Environmental Study (PES) Form and Area of Potential Effects (APE) Map Environmental issues that may require further detailed study will be documented in the PES for the City/Caltrans concurrence prior to the initiation of the technical study work program. Kimley-Horn will draft a PES Form for City review. As part of this task, Kimley-Horn will draft the Area of Potential Effects (APE) map for both Archaeology and Historic Architecture. After City review, Kimley-Horn will revise the PES Form and APE map and they will be submitted to Caltrans for review and approval from Caltrans Professionally Qualified Staff (PQS) approval. The APE map will provide the cultural resources boundaries for the Caltrans PQS-prepared Screened Undertaking, as discussed in Task 4.2 below.
Kimley-Horn will attend one site visit with Caltrans and the City to review the area and take comments on the PES Form and APE map.
Kimley-Horn anticipates one round of additional reviews to produce a Caltrans approved PES form, which will inform the scope of work for the required CEQA and NEPA compliance documentation.
4.2 Technical Work Study Program
As discussed above, Kimley-Horn proposes to prepare technical studies in conformance with NEPA, pertinent FHWA regulations, Caltrans’ Standard Environmental Reference (SER), and the CEQA.
Under CEQA and NEPA, it is anticipated that the project would allow for environmental clearance to be a Categorical Exemption/Categorical Exclusion, respectively. Should Caltrans require additional analysis on the affected resource categories below, Kimley-Horn can provide this analysis under a separate scope of work and fee. It is anticipated that the resources below can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study. Based upon our recent projects within Caltrans District 3, a review of the project as presented in the RFP , and 2021 Caltrans-approved PES Form to include the information required in the 2021 updated instructions manual, Kimley-Horn anticipates that the following technical resources would be addressed by Caltrans staff or within the context of the resulting environmental document. Caltrans will make the final determination regarding the number of required technical studies during the review of the PES form. Required technical studies not included in this scope of work may be accommodated under an amended scope of services.
Air quality can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study. In addition, the project is exempt from air quality conformity based on 40 CFR 93.126, Table 2, which lists bicycle and pedestrian facilities projects and pavement resurfacing and/or rehabilitation projects, as exempt from the requirement that a conformity determination be made.
Noise can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study.
For cultural resources, based on the nature of the project, Kimley-Horn anticipates a screened undertaking, which would be prepared by Caltrans PQS.
Biological resources can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study.
Based on a review of the GeoTracker database website, there are no existing hazardous sites in the surrounding area. As such this scope of work assumes hazardous materials can be addressed in the PES form through database searches of the project area on GeoTracker.
4.3 CEQA and NEPA Compliance
CEQA Compliance
Kimley-Horn will prepare a Notice of Exemption (NOE) form and memo for pedestrian improvements and guardrail replacements proposed at all project locations within the project area. The City will be the lead agency for the NOE and Caltrans is a responsible agency. The form and memo will be provided to the City for review. This scope includes one round of revisions on the NOE form and memo. Kimley-Horn will coordinate with the City to file the NOE with State Clearinghouse.
NEPA Compliance
This scope of work assumes Caltrans will prepare a NEPA Categorical Exclusion, and any supporting technical memorandum in support the NEPA document, pursuant to Section 23 USC 326, 23 CFR 771 activity (c)(8). Should Caltrans identify the need to prepare the more time- consuming Environmental Assessment, a separate scope and fee will be provided to the City. 240
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4.4 Environmental Meetings and Coordination
Kimley-Horn will provide project management oversight of team’s activity and coordinate with the City throughout the project’s duration.
The Kimley-Horn project management and task leads will supervise, coordinate, and monitor the planning and design of the project for conformance with standards and policies established between the City and Kimley-Horn at the beginning of the project.
Kimley-Horn will attend a kick-off meeting and one (1) additional review meeting with City staff. The goal of the kick-off meeting is to finalize the project schedule and establish a plan for a successful project. No public meeting or hearings are included in this scope.
Task 4 Deliverables
One (1) Draft PDF copy of the PES and APE for City/Caltrans review One (1) Final PDF copy of the PES and APE for City/Caltrans review and approval One (1) PDF copy of the Draft CE for Caltrans review and approval One (1) PDF copy of the Draft NOE for City review and approval Optional Tasks
Preliminary Site Investigation
While no hazardous material sites have been identified, our recent experience with Caltrans District 3 is that hazardous materials testing for aerially deposited lead (ADL) and other hazardous soils will be likely be required. Confirmation of this requirement will not be known until Caltrans staff review and comment on the PES Form. As such, we have included this effort as an optional task.
The Kimley-Horn team will conduct a PSI for the project area to evaluate soil for potential impacts in areas proposed for soil disturbance during construction activities. The PSI will be performed in accordance with the American Society for Testing and Materials (ASTM) International Standard E1903-11, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, and the Caltrans Standard Environmental Reference (SER) Environmental Handbook (EH) Volume 1, Chapter 10, “Guidelines for Hazardous Materials, Hazardous Waste, and Contamination.”
Sampling and Analysis Plan/Health and Safety Plan
The Kimley-Horn team will prepare a Sampling and Analysis Plan (SAP) and a Health and Safety Plan (HASP) for the proposed field work activities. Sample locations will be marked in white paint, and Underground Service Alert (USA) North 811 will be notified a minimum of 72 hours prior to the start of field sampling. The Kimley-Horn team will obtain applicable permits, rights-of-entry, or drilling permits, as needed, and subcontract a licensed drilling company to perform the field work. The Kimley-Horn team will obtain a utility location service to clear the boring locations at the intersections as a precaution to avoid subsurface lines. The Kimley-Horn team will provide oversight during drilling and sampling activities, and samples will be submitted to a state-certified laboratory, following the chain-of-custody protocol, and analyzed for specific constituents of concern (COC) based on historical use and adjoining property use.
Although leaded fuel has been prohibited in California since the 1980s, ADL from vehicle emissions may still be present in surface and near-surface soils in unpaved areas along California highways and roadways. Because lead is ubiquitous in the environment, sampling and analysis of soil are performed during project development to determine if lead concentrations are at levels that require special management and/or disposal. Shallow soil samples will be collected from exposed soil areas within 50 feet of the roadway and analyzed for lead and pH; concentrations of lead are then compared to regulatory levels (80 milligrams per kilogram) to evaluate soil re-use/disposal.
Field Work
Based on the project information, four (4) intersections are being improved with at-grade roadway and pedestrian crossings which could involve soil disturbance. Therefore, approximately eight (8) borings are proposed for the project, with two (2) borings per intersection. The borings will be sampled using a Direct Push Technology (DPT) rig to take continuous core soil samples at specific locations. DPT uses a hydraulically operated percussion hammer along with vehicle weight to advance the sampling barrel with an acetate liner used to contain the soil sample. The acetate liner will be cut into specific intervals, 0-1 feet, 1-2 feet, and 2-3 feet below ground surface (bgs), capped at each end with a Teflon sheet and plastic lid, labeled, and placed into an ice chest with ice. Samples will be logged on the chain-of-custody which will be given to the laboratory upon delivery of the soil samples for analyses. The borings will be backfilled with grout and capped with native soil.
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The soil samples will be analyzed for lead and pH using EPA 6020 and EPA 9045, respectively, following Caltrans protocol. Additional COCs will be analyzed on composite samples at selected borings based on RECs identified in the Initial Site Assessment (ISA). Other COCs in the project area include polychlorinated biphenyls (PCB), polycyclic aromatic hydrocarbons (PAH), metals, volatile organic compounds (VOC), pesticides (historical agriculture), Total Petroleum Hydrocarbons (TPH) as gasoline, diesel, and motor oil, and used oil (motor, hydraulic, and lubricating).
PSI Report
The Kimley-Horn team will prepare a PSI Report and incorporate the sampling and analytical testing conducted at the project area. The report will include a discussion of sample collection and testing methods and certifications of the individuals performing the work. Additionally, the report will identify (if present) regulated and/or hazardous materials and evaluate soil disposal/reuse and worker safety measures. The Kimley- Horn team will incorporate the comments received from the project team on the draft report and incorporate into the draft-final report for review by the City. Comments from the City will be incorporated into the final report for Caltrans review. The report will comply with California Environmental Quality Act/National Environmental Policy Act requirements.
Task 5 – Community Engagement
As stipulated in the RFP , it is anticipated that community engagement will be minimal, but may be helpful given that the project crossings are adjacent to existing residential homes and businesses. Kimley-Horn has considerable experience working with the public and neighboring communities next to grade crossings and will be very flexible in our approach to outreach to best meet the needs of the City. In fact, our proposed lead for the community engagement, Brandi Childress, is a public outreach specialist who worked with the Santa Clara Valley Transportation Authority (VTA) on outreach campaigns directly related to at-grade crossing safety.
We have assumed that the scope of work will include typical public outreach and engagement methods which could include, but not be limited to, the following:
Meet with adjacent private property owners to discuss project design and improvement as directed by the City. A total of up to five (5) meetings are included
Preparation of exhibits and/or mailers to be used in conjunction with public engagement We understand that the City does not plan to host community meetings or workshops as the goals of the project are specific and not likely to be contested. Kimley-Horn will develop and maintain a stakeholder database throughout the project’s duration to facilitate communication with stakeholders.
Task 5 Deliverables
Meeting agendas and minutes for all community engagement meetings Exhibits, mailers, or other graphics for social media posts or other visual aids Task 6 – Right-of-Way Engineering
Our team’s goal will be to avoid any right-of-way takes as a result of the proposed improvements to the extent possible. As part of this process, our team will accurately document the existing right-of-way for all the parcels within the scope of the improvement, and upon completing the 35%, we will confirm the preliminary right-of-way needs for the project.
TCEs and PTECs (UPRR R/W)
Once the design plans are approved by the City, UPRR, and CPUC, and once UPRR moves the design plans into their design and estimating stage, our team will prepare plats and legal descriptions that will be required for the Construction and Maintenance Agreements for acquisition of temporary construction easements (TCE) and Permission to Enter and Construct (PTEC). We will prepare the necessary exhibits for each parcel requiring any type of rights.
Based on our initial field observations, we do not anticipate that any substantial right-of-way needs for private properties will be necessary to install the proposed improvements. However, given the latest UPRR standards which includes minimum clearances of roadway and intersection features with the railroad tracks, there will likely be a need for TCEs and/or PTECs within UPRR right-of-way. TCEs and PTECs within UPRR right-of-way will be captured as a license fee under the Construction and Maintenance Agreement and will only require plats and legal descriptions which the Kimley-Horn team will prepare.
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Optional Tasks
Right-of-Way Engineering and Acquisition
The Kimley-Horn team (Monument) will conduct right-of-way engineering and acquisition services for any necessary right-of-way takes in private property. As stipulated in the RFP , as part of this optional task, our team has assumed that up to two properties fronting the project limits will require a TCE and/or PTEC, and our team will coordinate this effort with affected property owners. This task will be performed in accordance with applicable Federal, State, and local regulations, Caltrans Policies and Procedures, and City’s right-of-way Policies and Procedures.
The Kimley-Horn team will prepare a Notice of Decision to Appraise letter for the affected property, advising the property owner of the proposed project, introducing the appraiser, describing the City’s acquisition process, and contract information to answer questions and concerns.
An appraisal report will be prepared which will include an inspection of the subject property as well as the extent of the inspection and description of the neighborhood and proposed project area, the extent of the subject property inspection, including interior and exterior areas, and a description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property). In the appraisal report we will identify the highest and best use. If highest and best use is in question or different from the existing use, an appropriate analysis will be provided identifying the market-based highest and best use and will present and analyze relevant market information.
Our team will provide acquisition and negotiations to acquire the right-of-way required for the project and will coordinate and manage the acquisition process with the City, legal counsel, property owners, along with the title company, appraisers, and other consultants to ensure effective cross-discipline communications.
Our team will prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.
We will prepare a letter of recommendation to the City for any proposed administrative settlements with the affected property owners which will include a chronology of the negotiation efforts, provide supporting evidence and documentation, and an explanation of the benefits and rationale behind the recommendation.
Escrow coordination will be provided to assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy.
Task 6 Deliverables
Right-of-Way Certification (LAPM Exhibit 13-B) approved by Caltrans Utility coordination
Plats and Legal Descriptions for TCEs and PTEC within UPRR R/W Construction and Maintenance Agreement support
Optional Task 6 Deliverables
Plats and legal descriptions for private property acquisition Appraisals, Offer Letters, Documentation of Negotiations Final TCEs and/or PTECs
Task 7 - Plans, Specifications, and Estimate (PS&E)
Our team is confident in our ability to secure UPRR’s approvals of the detailed designs based on our team’s unmatched experience in working very closely with UPRR and their consultants (Benesch and Olsson). As such, we anticipate that UPRR will review each of the design submittal phases. We know that their required submittals are typically Concept, 30%, and Final (100%) plans. As such, any other plans prior to Final (100%) will be reviewed at the 30% level until approved. However, based on our extensive experience working with UPRR’s consultants, we have been able to obtain their detailed reviews moving each submittal closer to the 100% approved stage. We expect that the 100% plans will require few minor comments, and as such, our proposed fee assumes this level of effort. 243
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65% Design
Kimley-Horn will review the City’s, UPRR’s, and CPUC’s comments on the 35% design documents and incorporate them in the 65% design. We will prepare a comments matrix with responses to each of the comments along with their disposition.
The 65% design will be a more detailed design version of the 35% design, including utility information (as received from the utility companies), additional sidewalk and pedestrian crossing design details such as grading information, retaining wall plan/profiles (if needed), and conduit and traffic signal interconnect (where applicable).
At the 65% design stage, we will initiate coordination with PG&E for the implementation of new streetlights as necessary which could include connecting to existing streetlights or the installation of new service electrical service points.
The 35% design engineer’s estimate will be updated; it will be an itemized engineer’s estimate that will include all construction costs for all items of work and will be in the same format as the schedule of bid items.
The Special Provisions will be prepared using the latest City Technical Specifications with modifications to include elements of this project, in particular the bid item list and descriptions. The specifications will be submitted in Microsoft Word and PDF formats. 95% Design
Kimley-Horn will review the City’s, UPRR’s, and CPUC’s comments on the 65% design documents and incorporate them into the 95% design.
We will prepare a comments matrix with responses to each of the comments along with their disposition.
The 95% design will provide all the design details, including complete utility information, detailed ADA curb ramp designs, grading limits, required TCEs and PTECs, and detailed conduit and traffic signal interconnect details.
Where railroad preemption is necessary, we will utilize our intimate working experience with UPRR’s consultant (Olsson) and will include all preemption details including preemption circuits, preemption input connections in the traffic controller cabinets, and preemption operations descriptions – which will be a requirement in the plans.
Kimley-Horn will develop the 95% Special Provisions to include all the required technical specifications including the complete bid list and bid item descriptions, language for PG&E coordination (as needed), and the construction timeline (working days). Kimley-Horn will update the engineer’s estimate based on the comments received.
Constructability Review
It is assumed that at the 95% design stage, a Constructability Review will be undertaken. The Kimley-Horn team includes Unico Engineering who will perform the independent, third-party construction reviews prior to the submittal of the 100% design level drawings. 100% Design
Kimley-Horn will review the City’s and UPRR’s comments on the 95% design documents and incorporate them in the 100% design. We will prepare a comments matrix with responses to each of the comments along with their disposition. If necessary, we will organize a diagnostic team review meeting to discuss any critical comments that need to be resolved by the diagnostic team.
The 100% PS&E documents will be submitted to the City, UPRR, and CPUC for review. Once the final set of comments are received from the City, UPRR, and CPUC, we will prepare the final bid document package. This includes the signed and sealed drawings (signed by a licensed engineer in the State of California), the final Special Provisions (the City will prepare the final Bid Book), and the final Engineer’s Estimate.
Railroad Preemption
Our team has very close working relationships with UPRR’s and CPUC’s railroad preemption specialists and have secured approvals from them at many crossings throughout California.
Kimley-Horn will prepare the railroad preemption calculations using the LADOT Methodology. We will submit the preemption calculations package which will include the preemption distances and preemption operations to UPRR and CPUC for review. Once the preemption calculations have been approved, Kimley-Horn will prepare the detailed railroad preemption designs including the preemption circuits, preemption request forms, and any other required documents for UPRR and CPUC reviews.
The preemption design will include drawing details showing traffic signal controller and communication equipment connections and the circuit diagrams between the adjacent traffic signal and railroad crossing signal house.
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Geotechnical Engineering
The Kimley-Horn team includes Parikh, a geotechnical engineering firm to support the project. Given that the exact scope of work for geotechnical services is unknown at the time of the RFP , we have not included a scope in our proposal but will include in our fee proposal a nominal amount of geotechnical support as part of the base contract with a separate optional line item to be authorized by the City during the PS&E phase once a scope of work, if any, becomes necessary.
Some areas where geotechnical engineering and investigation services may be needed include:
Pavement structural sections
Railroad gate foundations
Retaining walls
Traffic signal pole foundations
The pavement scope of the project currently includes a 4” full width grind and overlay and it is not anticipated that any retaining walls will be needed. Furthermore, geotechnical engineering is typically not required for railroad gate foundations, and new traffic signal poles are not needed as part of the project.
Task 7 Deliverables
65% and 95% PS&E submittals in electronic format
100% (signed and sealed) PS&E submittals in electronic format ready to advertise Comments matrix with comments, responses, and their disposition at each design submittal Task 8 – UPRR and CPUC Coordination
Kimley-Horn will schedule a virtual pre-diagnostic meeting and an in-person field diagnostic meeting with the City, UPRR, CPUC, and the Kimley-Horn team. The pre-diagnostic meeting will be held virtually a minimum of one (1) week in advance of the field diagnostic meeting.
Kimley-Horn will prepare a site map, exhibit of conceptual improvements (or we could use the City’s Conceptual Plan), and agenda for both meetings, and will provide a sign-in sheet for use during the field diagnostic meeting. Kimley-Horn will prepare draft and final meeting minutes from both meetings, which will be circulated to all in attendance for review and approval. The field diagnostic meeting minutes will be the guiding document for developing the crossing improvements throughout the design phase of this project.
Once UPRR has approved the design plans, UPRR will forward the plans for UPRR engineering staff to prepare the estimate and railroad system design. Once the construction estimate has been completed by UPRR and the City accepts the estimate, Kimley-Horn will work closely with the City and UPRR in the development of the draft Construction and Maintenance Agreement to be executed between the City and UPRR.
It should be noted that the Construction and Maintenance Agreement will require plats and legal descriptions for any permanent facilities that will be installed in UPRR right-of-way such as sidewalks and fencing. These facilities will be assessed a license fee that will be included as part of the Construction and Maintenance Agreement. The Kimley-Horn team has included the preparation of plat maps and legal descriptions for each of the crossings at Farron Street and Delmar Avenue to be included in the UPRR Construction and Maintenance Agreement.
Additionally, should there be a need to install conduits underneath the railroad tracks for the signal preemption interconnect, a Wireline Crossing Agreement (WCA) will be required as part of this installation. This will also be determined as the draft Construction and Maintenance Agreement is prepared by UPRR.
Kimley-Horn will coordinate with the CPUC, attend diagnostic reviews, complete draft and final General Order (GO) 88-B forms for City/UPRR review, and implement requirements of the CPUC to obtain approved GO 88-B documents for each railroad crossing included in the project.
Kimley-Horn will develop exhibits and draft the General Order (GO) 88-B Forms for submittal to CPUC and UPRR for review. It is expected that the design team will work with the City to provide a draft copy for purposes of a courtesy review to UPRR and the local CPUC representative for review and comment. We will incorporate modifications requested to clarify any of the intended design elements and/or operating conditions as a result of the crossing improvements, including any new railroad preemption. We will obtain signatures from the City and UPRR on the final form which we shall submit on behalf of the City.
Task 8 Deliverables
CPUC GO 88-B Applications
Exhibits for the Construction and Maintenance Agreements Plats and Legal Descriptions for the Construction and Maintenance Agreements 245
AT-GRADE RAILROAD ROADWAY AND PEDESTRIAN IMPROVEMENTS PROJECT Federal Project No. STPL-5095 (028)
City of Rocklin TRRD85004.2024
15
Task 9 - Bidding and Construction Support
The Kimley-Horn team will provide bidding and construction support services, which will include but not be limited to the following:
Attend pre-bid meeting
Review and draft responses to Requests for Information
Assist City staff in preparing bid addenda documents as necessary Review bids received for responsiveness and reasonableness Attend pre-construction meeting
Review submittals and shop drawings, as required in the project Special Provisions Review and provide recommendations regarding any change order proposals and request for additional payment related to design changes Other additional items will include:
Assist City with traffic signal controller configuration and timings for new, or modified, railroad preemption operations Prepare railroad preemption test plan for the traffic signal Conduct railroad preemption testing with UPRR and their consultants Task 9 Deliverables
Response to pre-bid RFIs and draft bidding addenda
Pre-construction meeting attendance (agenda and meeting minutes by others) Response to RFIs, change order requests, etc.
Submittal reviews
Preparation of railroad preemption test plans
Preparation of as-built drawings
Project Schedule
Based on the RFP , Kimley-Horn has assumed that a Notice to Proceed will be issued in August 2024 with the final bid documents ready for advertisement (Ready to List) by January 2027. Moreover, the duration of the consultant contract will be about June 2028.
Here are the main highlights of our proposed project schedule:
Conduct the Field Diagnostic Team meeting in September 2024 Complete the 35% Design by November 2024
Complete the Environmental Clearance by February 2025
Complete the 65% Design by February 2025
Conduct potholing (if necessary) in April 2025
Complete the 95% Design by May 2025
Complete the 100% Design by July 2025
UPRR starts their Design and Estimate in August 2025
UPRR completes the Draft Construction and Maintenance Agreement by March 2026 CPUC approves GO 88-B application by May 2026
City submits Right of Way Certification by June 2026
City receives E-76 for Construction by September 2026
Project Advertisement in August 2026
UPRR construction starts in January 2027
City construction starts in April 2027
All construction completed by September 2027
The overall schedule provided below illustrates all the detailed tasks, milestones, and dependencies. 246
City of Rocklin TRRD85004.2024
16
PROJECT SCHEDULE
ID Task Name Start Finish
Q3
2024 Q4 2024 Q1 2025 Q2 2025 Q3 2025 Q4 2025 Q1 2026 Q2 2026 Q3 2026 Q4 2026 Q1 2027 Q2 2027 Q3 2027 Q4 2027 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 Notice to Proceed Mon 8/19/24 Mon 8/19/24
2 Kickoff Meeting with City Wed 8/28/24 Wed 8/28/24
3 Kickoff Meeting with City, UPRR, CPUC Wed 9/11/24 Wed 9/11/24 4 Task 1 - Project Management and Coordination Wed 9/11/24 Wed 9/9/26 5 Project Management and Coordination Wed 9/11/24 Wed 9/9/26 6 Task 2 - Utility Coordination Mon 9/16/24 Wed 4/23/25 7 Coordination with Utility Owners Mon 9/16/24 Fri 12/6/24 8 Request Utility Information Mon 9/16/24 Fri 9/27/24
9 Conduct Field Utility Locating Mon 9/30/24 Fri 10/11/24 10 Prepare Utility Letter A (Preliminary Design) Mon 11/11/24 Fri 11/22/24 11 Prepare Utility Letter B (65% Design) Mon 2/3/25 Wed 2/5/25 12 Prepare Utility Letter C (95% Design) Mon 4/21/25 Wed 4/23/25 13 Conduct Potholing Mon 3/17/25 Fri 3/21/25
14 Task 3 - Preliminary Engineering (35% Design) Mon 9/30/24 Fri 12/6/24 15 Diagnostic Team Meeting Mon 9/30/24 Fri 10/4/24
16 Prepare 35% Design Mon 10/14/24 Fri 11/8/24
17 City, UPRR and CPUC review Mon 11/11/24 Fri 12/6/24
18 Task 4 - Environmental Mon 9/23/24 Fri 1/10/25
19 Environmental Mon 9/23/24 Fri 1/10/25
20 Task 5 - Community Engagement Mon 2/17/25 Fri 4/11/25 21 Community Outeach Support Mon 2/17/25 Fri 4/11/25
22 Task 6 - Right of Way Engineering Mon 5/12/25 Fri 4/24/26 23 Right of Way Engineering Mon 5/12/25 Fri 4/24/26
24 Task 7 - PS&E Documents Mon 9/16/24 Wed 9/9/26
25 Conduct Topo Survey Mon 9/16/24 Fri 10/11/24
26 65% Design Mon 12/9/24 Fri 1/31/25
27 City, UPRR, CPUC Review Mon 2/3/25 Fri 3/14/25
28 95% Design Mon 3/17/25 Fri 5/9/25
29 City, UPRR, CPUC Review Mon 5/12/25 Fri 6/20/25
30 100% Design Mon 6/23/25 Fri 7/18/25
31 City, UPRR, CPUC Review Mon 7/21/25 Fri 8/15/25
32 Construction Bid Ready Package Mon 8/18/25 Fri 8/29/25 33 Prepare Right of Way Certification Mon 5/25/26 Fri 5/29/26 34 City review of Right of Way Certification Mon 6/1/26 Fri 6/19/26 35 Prepare RFA Package Mon 6/22/26 Fri 7/3/26
36 City Review of RFA Package Mon 7/6/26 Fri 7/24/26
37 RFA Submittal to Caltrans Local Assistance Mon 7/27/26 Wed 7/29/26 38 Caltrans RFA review (E-76 for Construction) Thu 7/30/26 Wed 9/9/26 39 Receive E-76 for Construction Wed 9/9/26 Wed 9/9/26
40 Task 8 - UPRR and CPUC Coordination Mon 8/18/25 Fri 5/22/26 41 Construction and Maintenance Agreement Mon 8/18/25 Fri 3/27/26 42 Wireline Crossing Agreement (as necessary) Mon 3/2/26 Fri 3/13/26 43 General Order 88-B Mon 3/30/26 Fri 5/22/26
44 Task 9 - Bidding and Construction Support Thu 9/24/26 Wed 11/17/27 45 Project Advertisement Thu 9/24/26 Wed 10/28/26
46 Construction Contract Award Wed 1/20/27 Wed 1/20/27
47 Construction Start (anticipated) Wed 4/14/27 Wed 4/14/27 48 Construction (assumed duration) Thu 4/15/27 Wed 9/29/27 49 Preemption Testing and Implementation Thu 9/30/27 Wed 10/27/27 50 As-Built Drawings Thu 10/28/27 Wed 11/17/27
51 UPRR Equipment Installation Mon 1/4/27 Fri 8/13/27
Milestone
Task Rollup
Diagnostic Team Review
Construction Activity
Task/Sub-task Activity
247
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING REIMBURSEMENT AGREEMENTS WITH UNION PACIFIC
RAILROAD (UPRR) COMPANY FOR PRELIMINARY ENGINEERING
SERVICES FOR THE AT-GRADE RAILROAD ROADWAY AND PEDESTRIAN
IMPROVEMENTS PROJECT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENTS
WHEREAS, the At-Grade Railroad Roadway and Pedestrian Improvements Project consists of providing safe, accessible paths of travel for pedestrians across multiple at-grade railroad crossings, subject to funding; WHEREAS, the Project requires coordination with Union Pacific Railroad (UPRR) Company;
WHEREAS, UPRR’s policies require local governments performing work at UPRR’s crossings to be responsible for all cost incurred by UPRR’s staff to coordinate and administer the project;
WHEREAS, UPRR has provided the City two of their standard Reimbursement Agreements for Preliminary Engineering Services with an estimated value of $45,000 each, which the City must accept and execute as-is prior to UPRR commencing work; and
WHEREAS, there is sufficient budget to support these agreements in the 2025 – 2029 Capital Improvement Program in Fiscal Year 2024/25.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. Approves the two (2) reimbursement agreements between the City and Union Pacific Railroad Company for the At-Grade Railroad Roadway and Pedestrian Improvements project and authorizes the City Manager to execute the agreements in substantially the form attached hereto as Exhibit “A” and Exhibit “B”. 248
PASSED AND ADOPTED this 25th day of June, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
249
1 UPRR REMS
Project 797052
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $45,000.00
THIS REIMBURSEMENT AGREEMENT ( Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF ROCKLIN, CALIFORNIA (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).
B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third- party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto ( PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.
2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third- party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third- party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third- party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project.
250
2 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications , and prepare material and force cost estimates for any Project related work performed by Railroad.
4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No cons truction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.
5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.
7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.
CITY OF ROCKLIN, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Amber Stoffels
Printed Name Printed Name
Manager I, Industry & Public Projects
Title Title
251
Exhibit A
Project Description and Location
Project Description
City of Rocklin, CA proposes to hold diagnostics at crossing locations referred to below in order to evaluate improvement of pedestrian facilities.
Location
Roseville Subdivision
DOT
Crossing
Type Milepost Street Name
440714D Public 112.052 Dominguez Road
750572V Public 111.99 Delmar Avenue
252
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following
• Field diagnostic(s) and inspections
• Plan, specification, and construction review
• Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Meetings and travel
253
Exhibit C
Billing Contact Information
Name Aly Zimmermann
Title City Manager
Address 3970 Rocklin Road, Rocklin, CA 95677
Work Phone (916) 625-5585
Cell Phone
Email [email protected]
Agency
Project No.
254
1 UPRR REMS
Project 797106
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $45,000.00
THIS REIMBURSEMENT AGREEMENT ( Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF ROCKLIN, CALIFORNIA (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).
B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third- party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto ( PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.
2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third- party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third- party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third- party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project.
255
2 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications , and prepare material and force cost estimates for any Project related work performed by Railroad.
4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No cons truction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.
5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.
7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.
CITY OF ROCKLIN, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Amber Stoffels
Printed Name Printed Name
Manager I, Industry & Public Projects
Title Title
256
Exhibit A
Project Description and Location
Project Description
City of Rocklin, CA proposes to hold diagnostics at crossing locations referred to below in order to evaluate improvement of pedestrian facilities.
Location
Roseville Subdivision
DOT
Crossing
Type Milepost Street Name
750565K Public 110.17 Farron Street
750568F Public 110.93 Midas Avenue
750569M Public 110.9 Midas Avenue
257
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following
• Field diagnostic(s) and inspections
• Plan, specification, and construction review
• Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Meetings and travel
258
Exhibit C
Billing Contact Information
Name Aly Zimmermann
Title City Manager
Address 3970 Rocklin Road, Rocklin, CA 95677
Work Phone (916) 625-5585
Cell Phone
Email [email protected]
Agency
Project No.
259
City Council
Staff Report
Subject:
Building Services Contract Amendment
Date:
June 25, 2024
Submitted By:
Mike McGee, Chief Building Official
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Contract Services Agreement with Bureau Veritas North America, Inc. for Building Plan Review and Inspection Services.
Background:
The Building Division in the Community Development Department consists of the Chief Building Official, one Building Inspector II position, and two Building Inspector I positions.
Given the Building Division’s number of staff and their qualifications, consultants have been used to provide the more experienced plan reviews and inspections.
On December 13, 2022, the City Council adopted Resolution No. 2022-262, approving a contract for services with Bureau Veritas North America, Inc., for building plan review, inspection and related services, in an amount not to exceed $640,000. The original contract was for one year, with the option of three additional one year extensions under the same terms. At this time, an amendment is needed to increase and clarify the contract amount because the original contract language was intended to reflect that the $640,000 not to exceed amount was per calendar year, for each year of the contract term. However, the contract language has been interpreted as the $640,000 not to exceed amount was for the potential four year duration of the contract. The purpose of the contract amendment with Bureau Veritas is due to the higher use of the firm’s services for staffing the front counter and providing interim Chief Building Official Services, and for continued building plan review and inspection services.
Beginning in Fiscal Year (FY) 2022/23 and continuing during FY 2023/24, there have been an increase in larger and more complex projects, in particular multi-family projects (e.g., West Oaks Townhomes, Stanford Terrace, Terracina at Whitney Ranch, Placer Creek Apartments, Lonetree Apartments (Phases 1 and 2), West Oaks Apartments, and Estia), as well as an increase in larger and more complex commercial buildings and tenant improvements projects (e.g., Lucid Motors, Placer County Office of Education, CPC Scientific, Walmart tenant Item Number 3P.
260
improvements, and Whitney Ranch Retail). Due to the complexity of these types of projects, which require highly experienced plan reviewers and inspectors to ensure that all of the code requirements and life safety requirements have been met, the Building Division has needed, and will continue to need to rely upon contracted services at a level higher than anticipated.
Beyond the increased use of consultants for plan review and inspection service and for staffing the front counter and an interim Chief Building Official noted above, the Fire Department has been utilizing the Building Division’s consultant contracts to perform fire plan reviews to help ensure a timely review. The need for the Fire Department to continue to use the Building Division’s consultant contracts is anticipated to end soon, as the Fire Department is establishing a separate fire plan review contract.
To maintain the City’s desired customer service levels to provide an acceptable level of plan review, building inspection and permit technician services when building activities increase beyond the capacity of the services that can be provided in-house by the Building Division and Permit Center staff, and to compensate for City position vacancies, the consultant services are necessary. Amendment No. 1 would do the following:
Amend Section 2. Subsection A to correct and clarify the intent of the total sum of compensation is to be a not to exceed amount $640,000 per calendar year, for each year of the Agreement term.
Amend Section 4. Subsection A to extend the term of the Agreement through December 13, 2025.
Fiscal Impact:
When plan reviews are submitted to the City a plan review deposit is collected for the entirety of the anticipated plan review costs, based on the project’s valuation. If a plan review goes beyond three rounds of review, then additional fees are collected based on the direct costs of those performing the plan review. Interim staffing services are covered with salary savings from the vacant positions. Therefore, there is no new fiscal impact associated with the approval of the recommended amendment, as the cost of services are incorporated in the department’s approved operating budget.
ATTACHMENTS:
1. Resolution - Bureau Veritas Contract Amendment No. 1.
2. Resolution Exhibit A - Bureau Veritas Contract Amendment No. 1. 261
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1
TO THE CONTRACT FOR SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. FOR BUILDING PLAN REVIEW AND INSPECTION SERVICES
WHEREAS, on December 13, 2022, pursuant to Resolution No. 2022-262, the City of Rocklin entered into a Contract for Services Agreement with Bureau Veritas North America, Inc. for building plan review and inspection services in an amount not to exceed $640,000; and
WHEREAS, additional professional services for building plan review and inspection services are necessary, and therefore an amendment to the Professional Services Agreement is necessary.
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 Amendment No. 1 to the Contract for Services Agreement with Bureau Veritas North America, Inc. for building plan review and inspection services in substantially the form attached hereto as Exhibit “A”; and PASSED AND ADOPTED this 25th day of June, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
262
Version: 01/25/24
EXHIBIT A
AMENDMENT NO. 1
TO CONTRACT FOR SERVICES/AGREEMENT BETWEEN
THE CITY OF ROCKLIN AND BUREAU VERITAS, NORTH AMERICA, INC.
This Amendment is entered into on December 13, 2023, by and between the City of Rocklin, a municipal corporation (“City”) and Bureau Veritas, North America Inc. (“Contractor”) who agree as follows:
RECITALS
WHEREAS, the City and Contractor entered into a Contract for Services dated December 13, 2022, for professional services to the Building Division (hereafter “Agreement”); and
WHEREAS, the City and Contractor agree to amend the Agreement to extend the term of the contract through December 13, 2025, and to correct and clarify the intent of the total sum of compensation is to be a not to exceed amount of $640,000 per calendar year, for each year of the contract term.
AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Agreement as follows:
1. Section 2 of the Agreement, entitled “Compensation” subsection “A” is amended to reflect the total sum compensation amount of the Agreement is a not to exceed amount of $640,000 per calendar year, for each year of the contract term.
2. Section 4 of the Agreement, entitled “Term of Contract” subsection “A” is amended to reflect the term of the Agreement Is extended from December 13, 2023, through December 13, 2025, unless sooner terminated as provided herein. The City in its sole discretion may choose to extend the contract and delegates to the City Manager the authority to exercise the option to renew the Agreement with Bureau Veritas, North America, Inc. on the same terms, for a one-year extension, provided sufficient funds for the services have been appropriated.
Except as set forth in this Amendment, the Agreement 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 Agreement, the terms of this Amendment will prevail.
Executed as of the date first written above.
CONTRACTOR CITY
By: ____________________________ By: _____________________________ Craig Baptista, Vice President Aly Zimmermann, City Manager 263
Version: 01/25/24
APPROVED AS TO FORM:
By: _____________________________
Matthew McOmber, City Attorney
ATTEST:
By: _____________________________
Avinta Singh, City Clerk
264
City Council
Staff Report
Subject:
Fire Plan Review and Inspection Services On-Call Contract Awards Date:
June 25, 2024
Submitted By:
Ryan Brayton, Deputy Fire Chief
Reginald WIlliams, Fire Chief
Department:
Fire
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract to 4LEAF, 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 to Bureau Veritas, Inc.
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 to Shums Coda and Associates, Inc. and Authorizing the
City Manager to Execute the Agreement.
D
.
Adopt a Resolution of the City Council of the City of Rocklin Awarding an On-Call
Professional Services Contract to CSG Consultants
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 to BPR, Inc.
and Authorizing the City Manager to
Execute the Agreement.
Background:
The Fire Department is responsible for conducting fire plan reviews of new construction and tenant improvement projects. This responsibility was shifted from the Community Development Department to the Fire Department to improve efficiency, streamline processes, and ensure specialized oversight.
Fire plan reviews are cyclical. The workload varies based on the number of improvement projects and new constructions. To maintain an acceptable level of service when fire plan review activities increase beyond the capacity of in-house staff, it is prudent to have qualified firms on retainer. This approach allows the department to distribute work and maintain the current level of services on an as-needed basis, depending on funding availability.
Accordingly, on April 25, 2024, the City issued a request for qualifications (RFQ) for fire plan Item Number 3Q.
265
review and inspection services for the fiscal years ending June 30, 2025, 2026, and 2027, with the option to extend two additional one-year terms. Renewal is based on the quality and good standing of the professional services consultant. The RFQ was published on the City and trade websites, and seven proposals were received.
Fire Department staff evaluated the seven proposals based on the firm's experience and qualifications, understanding of the services proposed, and completeness of the proposal and any supporting documents. Five firms were deemed responsible and responsive bidders for this on-call fire plan review services:
Shums Coda
CSG
4Leaf
Bureau Veritas
BPR
Human Resources staff met and conferred with the Public Service Employees Bargaining Unit represented by AFSCME regarding the contracts.
In order to allow staff the flexibility to select the appropriate consultant for each as-needed assignment, each contract has a total contract not-to-exceed amount of $250,000, or $50,000 per fiscal year. Staff does not anticipate spending more than the $50,000 that is budgeted for the fiscal year between the five contracts, and staff will have full discretion on how the work and associated funds are allocated amongst the five contractors.
Fiscal Impact:
Funding for fire plan review is provided through building and fire fees collected with the permitting process. No additional fiscal impact has been i dentifie
d, as the work will be
assigned to contractors on an as-needed basis. Sufficient funds are available in the Fiscal Year 2024/25 Operating Budget, and will be included in future Operating Budgets based on the department’s operating requirements and funding availability for the applicable budget- adopted fiscal year.
ATTACHMENTS:
1. Resolution A
2. Resolution A Exhibit A- 4Leaf, Inc Contract
2. Resolution B
4. Resolution B Exhibit A- Bureau Veritas Contract
5. Resolution C
6. Resolution C Exhibit A- Shums Coda and Associates Contract
7. Resolution D
8. Resolution D Exhibit A- CSG, Inc Contract
9. Resolution E
10. Resolution E Exhibit A- BPR Consulting Group, Inc. Contract 266
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES TO 4LEAF, INC. AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Fire 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 fire plan check and inspection services; and WHEREAS, on April 25, 2024, the Fire Department received seven (7) Statements of Qualifications, which were evaluated and ranked with five (5) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with 4Leaf, 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 fifty thousand dollars ($50,000) 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 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 4Leaf, 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 25th day of June, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
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THIS CONTRACT is made on July 1, 2024 by and between the CITY OF ROCKLIN a municipal corporation (“City”), and 4LEAF, 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 Work, Exhibit A, the Schedule of 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 TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000). 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 Exhibi t C. All invoices submitted by Contractor shall contain the following information:
i. Job/project name or description;
ii. City’s current purchase order and/or work order number (if applicable); iii. Contractor’s invoice number;
iv. Date of invoice issuance;
v. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
vi. Amount of invoice, itemizing all authorized reimbursable expenses; and vii. Total billed to date under agreement.
D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If
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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. 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.
E. 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.
F. 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.
a. 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 until June 30, 2027, unless sooner terminated as provided herein. The City in its sole discretion may choose to extend the contract for two additional one-year terms.
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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 Contractor by any such employees, agents, contractors or subcontractors, or any other per son 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.
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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 o f 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
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.
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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 wit h any scope of services or schedule of performance specified in Exhibits A or B.
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 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.
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 t he 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 it s 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.
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13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, dir ect or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract w arrant 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.
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,
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such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provis ions 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
i. 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.
ii. 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.
iii. 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.
iv. 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 c overage 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:
i. Additional Insured Status. The City, its officers, officials, employees,
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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).
ii. 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 of ficers, 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.
iii. Umbrella or Excess Policy. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insuranc e coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess Policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
iv. Notice of Cancelation . 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 cancelation due to non-payment.
v. 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 subr ogation endorsement from the insurer.
vi. 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.
vii. 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.
viii. Claims Made Policies. If any of the required policies for professional liability insurance provide claims-made coverage:
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a. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
c. 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.
ix. 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 doc uments 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.
x. 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.
xi. 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 conflic t 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.
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C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during
regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.
D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration or modification of this Agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
E. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of Rocklin Fire Department
Fire Marshal
4060 Rocklin Rd
Rocklin, CA 95677
City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677
Contractor: 4Leaf, Inc.
Kevin Duggan, President
8896 North Winding Way
Fair Oaks, CA 95628
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 277
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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.
I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully c omplied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Contractor is obligated, which breach would have a material effect hereon.
K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.
L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.
/ / Signatures on the following page
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CONTRACTOR
By:
Kevin Duggan, President Date
By:
Raylee Glasser, CBO Date
CITY OF ROCKLIN
By:
Aly Zimmermann, City Manager
Date: _____________________________
ATTEST:
By:
Avinta Singh, City Clerk
Date: _____________________________
APPROVED AS TO FORM:
By:
Matthew McOmber, City Attorney
Date: ____________________________
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EXHIBIT A
Contractor Proposal/Scope of Work
Fire Plan Review Services
4LEAF can provide plan review services for all types of occupancies and construction types to ensure compliance with all adopted codes, local ordinances and state and federal laws, ordinances, regulations and standards that pertain to Fire Life Safety including, but not limited to:
• CA Title 24, Parts 2, 3, 4 and 9
• NFPA 13, 13R, 13D, 24 and 72
• Local amendments to the CA Building & Fire Codes
• California Health and Safety Code
• Municipal Fire Standards & Municipal Codes
• National Fire Protection Referenced Standards
Fire Plan Review and Inspection Services include:
• Compliance for Site Access Requirements
• Compliance for Fire Flow Requirements
• Review of Fire Prevention, Suppression, and Detection Systems • Sprinkler, Standpipe, Alarm, Notification Systems, and Fire Pump Code Compliance • Hazardous Occupancies, High Piled Storage, and Smoke Control Systems • Review of Alternate Means
• Review of Methods Requests
• Annual Business Inspections
• Complete Fire Prevention Services
• New Construction Inspections
• Fire Alarm/Sprinkler Inspections
• Special Event Permits
• Hazardous Materials Inspections
• In-House Plan Review
• Off-Site Plan Review
• Code and Standards
• Public Education and Safety Training
Inspection Services
• 4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work in the Sacramento Area who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful.
• We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre-qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same-day or within one business day—simply call, email, or text our assigned Project Manager for an immediate response. Our on-call database is utilized for all our clients for as-needed requests. ANDING 280
EXHIBIT B
Schedule of Performance
Periodic Inspection Services Available Next Day
4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the Department. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments.
Part-Time Inspection Services Available Next Day
4LEAF will provide the Department with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the Department to identify the right personnel and determine the appropriate work schedule.
Full-Time Inspection Services Available Two Days or Less 4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Northern California, including the Sacramento Valley, Central Valley, North Bay, Peninsula/South Bay, East Bay, and Central Coast.
Project Specific Inspection Services Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate client account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months).
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EXHIBIT C
Schedule of Fees
Fees not to exceed maximum aggregate amount of $250,000 (two hundred fifty thousand dollars) over the term of the agreement with not to exceed maximum amount of $50,000 (fifty thousand dollars) each fiscal year.
Fire Services
Fire Protection Engineer (FPE) ...........................................................................................$205/hour Fire Prevention Officer ........................................................................................................$105/hour Fire Plans Examiner.............................................................................................................$135/hour Fire Inspector II ...................................................................................................................$130/hour Fire Inspector I ....................................................................................................................$119/hour Permit Technician ..................................................................................................................$85/hour Senior Permit Technician ......................................................................................................$97/hour Project Manager ..................................................................................................................$180/hour
Basis of Charges
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re- checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the District. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or 2- hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY2024-2025 contract period. There will be a 3% escalation for FY2025-2026, FY2026-2027.
• Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate
• Overtime will only be billed with prior authorization of the Director or other designated District personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. 282
EXHIBIT C
Schedule of Fees (continued)
• Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided.
In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
Basis of Charges – Prevailing Wage
• Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi- annual wage determinations from the California DIR.
• Per the new requirements being enforced under SB 854 and because it is assumed that a PWC- 100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector were used to determine the range of hourly rates for Public Works Inspector Apprentice.
• Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following: - Nighttime (work begun after 4PM or before 5AM)
1.125 x hourly rate
- Overtime (over 8 hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate
• All invoicing will be submitted monthly.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Project-related mileage for inspections will be billed at the allowable IRS Rate. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
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EXHIBIT C
Schedule of Fees (continued)
Payment
City shall pay Contractor for all services rendered pursuant to this Agreement as set forth in Exhibits A and C, titled Scope of Work/Contractor Proposal and Schedule of Fees, attached hereto and in accordance to the terms outlined in Section 2 Compensation.
Invoices
Invoices for payment shall be provided to City monthly or within 30 calendar days of the final service date or by July 15 whichever is sooner. City will review, approve, and pay all valid invoices within 30 days of receipt.
Invoices for payment will be submitted by email or mail to the following addresses, will be on Contractor’s letterhead and will include the remittance address, a unique invoice number, a detailed list of expenses with dollar amounts and supporting documentation, if requested.
Email address:
Mailing address:
City of Rocklin Fire Department
Attn: Accounts Payable
4060 Rocklin Road
Rocklin, CA 95677
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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.
CONTRACTOR
By:_____________________________
Kevin Duggan, President
Date: ___________________________
285
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES TO BUREAU VERITAS, INC.
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Fire 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 fire plan check and inspection services; and WHEREAS, on April 25, 2024, the Fire Department received seven (7) Statements of Qualifications, which were evaluated and ranked with five (5) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Bureau Veritas, 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 fifty thousand dollars ($50,000) 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 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, 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 25th day of June, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
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CONTRACT FOR SERVICES
THIS CONTRACT is made on July 1, 2024 by and between the CITY OF ROCKLIN a municipal corporation (“City”), and BUREAU VERITAS (“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 Work, Exhibit A, the Schedule of 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 TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000). 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 Exhibi t C. All invoices submitted by Contractor shall contain the following information:
i. Job/project name or description;
ii. City’s current purchase order and/or work order number (if applicable); iii. Contractor’s invoice number;
iv. Date of invoice issuance;
v. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
vi. Amount of invoice, itemizing all authorized reimbursable expenses; and vii. Total billed to date under agreement.
D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If 287
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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. 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.
E. 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.
F. 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.
a. 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 until June 30, 2027, unless sooner terminated as provided herein. The City in its sole discretion may choose to extend the contract for two additional one-year terms.
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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 Contractor by any such employees, agents, contractors or subcontractors, or any other per son 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.
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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 o f 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
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.
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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 wit h any scope of services or schedule of performance specified in Exhibits A or B.
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 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.
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.
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13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indir ect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant great er 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.
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, 292
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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
i. 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.
ii. 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.
iii. 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.
iv. 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 hi gher 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:
i. Additional Insured Status. The City, its officers, officials, employees, 293
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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).
ii. 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.
iii. Umbrella or Excess Policy. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess Policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
iv. Notice of Cancelation . 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 cancelation due to non-payment.
v. 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.
vi. 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.
vii. 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.
viii. Claims Made Policies. If any of the required policies for professional liability insurance provide claims-made coverage:
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a. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy f orm 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.
ix. Verification of Coverage. Contractor shall furnish the City wit h 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.
x. 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.
xi. 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 docu ment 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.
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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 v alid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
E. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of Rocklin Fire Department
Fire Marshal
4060 Rocklin Rd
Rocklin, CA 95677
City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677
Contractor: Bureau Veritas
Craig Baptista, VP
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 296
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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.
I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Contractor is obligated, which breach would have a material effect hereon.
K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electr onic 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 l egal 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.
/ / Signatures on the following page
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CONTRACTOR
By:
Craig Baptista, VP Date
By:
Lisa Beaver, Director Date
CITY OF ROCKLIN
By:
Aly Zimmermann, City Manager
Date: _____________________________
ATTEST:
By:
Avinta Singh, City Clerk
Date: _____________________________
APPROVED AS TO FORM:
By:
Matthew McOmber, City Attorney
Date: ____________________________
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EXHIBIT A
Contractor Proposal/Scope of Work
PROJECT UNDERSTANDING
BV is able to fully support the scope of services required by the City of Rocklin Fire Department.
BV understands that the City of Rocklin desires to successfully deliver fire prevention plan examination and fire inspections projects. We understand that the City desires to augment staff utilizing consultants to fulfill a hosts of tasks, including but not limited to:
Fire plan check reviews
Fire Inspectors
We understand that the services rendered under this RFQ shall comply with the following:
City of Rocklin Improvement Standards, Standard Drawings and Construction Specifications Rocklin Fire Department Standards
City of Rocklin Post-Construction Manual
Placer County Water Agency standards, specifications, and details State of California Building and Fire Codes
Applicable NFPA Standards
All other applicable City, County, and State design guidelines and requirements
It is understood that the City o f Rocklin Fire Department desires to retain well -qualified professional and technical consultants to provide as -needed Fire Examination Plan Review of construction documents, and fire field inspection along with construction services in a broad area of technical disciplines to supplement staff on various development projects. The desired services include building and fire code plan review as related to fire plan examination of current development projects, building inspections for conformance with the appli cable building codes, preparation of plans and specifications for construction projects, administrative services and other professional services as authorized by the City.
The expected response time for the consultant to return a list of comments to the City or provide approval to the City for all plan review projects from the day of authorization by the City is fifteen (15) working on the first review, and ten (10) working days on subsequent reviews.
TYPICAL PROJECT APPROACH
BV is adept at selecting and managing personnel from administrative to key management positions, using creative and leading-edge approaches to reaching successful solutions to tough problems. The firm’s back office has extensive experience with the public, they always display good interpersonal skills and listening skills which are needed for assessing and understanding customers’ needs. BV’s management team is dedicated to serving the City’s Fire Department while providing the resources necessary to ensure successful Fire Plan Review Services. The firm’s management team will directly oversee the review of submittal documents, bulletins, and change orders to assess compliance with the regulations contained in the various fire and building codes and recommend action with respect to the building permit.
BV highly values customer feedback and works diligently to gather information from the firm’s clients regarding the services provided, staff, and other areas relevant to the contract. For the City of Rocklin, BV’s team will request feedback from the City’s supervisor and other appropriate stakeholders on a regular basis, typically quarterly, to gauge the effectiveness of the firm’s 299
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services and support. The firm implements a variety of methods to collect and ass ess feedback including surveys, exit interviews, and periodic internal stakeholder meetings. Additionally, BV performs a background investigation on each client at contract onset via a standardized kick -off document which allows the firm to gain valuable i nformation related to specific client needs. BV will also discuss the staff provided to the City and, if necessary, make adjustments to better interface with the City’s team.
FIRE PLAN REVIEW
Our staff will consult closely with the Fire Chief/Fire Marshal or this person’s designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U.L. Our experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures.
BV staff have reviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. Example projects in which our reviewers have worked include The Village at Bella Terra in Huntington Beach, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms.
BV’s fire plan reviews include, but are not limited to, the following:
Fire sprinkler systems with hydraulic calculations
Fire alarm systems, including pre-recorded voice evacuation systems Flow and Tamper Alarm Systems
Smoke detection and dampers
Fire pumps
Standpipe systems
New Building Plans
Tenant Improvements
Underground water systems for fire suppression systems
Architectural, fire and life safety plans examination
Mechanical, plumbing, and electrical code plans examination applicable to fire construction and requirements
Review and approval of alternative materials/alternative design methods of construction Fire plan reviews for the City’s entitlement and development process
Scope Definition
BV will meet with the City’s Fire Department to define their scope of services, project performance needs, turnaround review schedule, communication and work flow process protocol, and key stakeholder contacts. Setting expectations initially promotes a partnership to create a customized solution that achieves project goals.
Implementation
Our firm has formulated a Quality Control program that is used to effectively manage fire plan review workflow. Through our CARE (Coordinator, Analyst, Reviewer, Expert) Program, our team of professionals ensures thorough, accurate, and consistent services. 300
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Communication
Our staff utilizes a series of proven technologies to streamline service delivery, enhance communication, and promote transparency. We can use optional electronic plan reviews in which comments are accessible in real time via the web. These tools encourage collaboration, enhance expedited requests, save money and time, reduce waste and storage space, build consensus, and promote project transparency.
FIRE INSPECTIONS
BV can place an experienced fire inspector for a single project or to augment existing staff to cover staff vacations and other leaves of absence. We can even provide all fire inspection on a daily basis. Systems and components we inspect include (but are not limited to):
Fire sprinklers, including systems beginning at property line, as directed Fire pumps
Fire alarm systems
Automatic suppression systems, including Halon, FM200, and CO2 Hoods
Duct extinguishing systems
Exits
Emergency lighting
Voice evacuation systems
Fire permit inspections
Additionally, we can pr ovide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes.
FIRE MARSHAL SERVICES
BV provides the depth of experience needed to administer programs aimed at delivering high caliber fire prevention services at the community level. In alignment with the National Fire Protection Association (NFPA) 1037, Standard on Fire Marshal Professional Qualifications, the following fire prevention program management elements are supported:
Administration and professional development
Community relations and fire & life safety education
Fire investigation program management
Community risk reduction program management
Regulatory program management
Fiscal management (fee schedules)
BV can provide fire marshal services, general management guidance and mentorship opportunities for current and future fire prevention program managers.
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EXHIBIT B
Schedule of Performance
Plan Review Time Schedule
At your request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we use electronic submittals, phased submittals, conference calling, and videoconferencing.
BV has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of pr ofessional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources, we can assemble experienced personnel in order to help with project schedule recovery when necessary. Our team maintains efficient turnaround times on all reviews as a key measurement of performance of our plan review services.
BV will also accommodate preliminary reviews to facilitate fast-tracked, or accelerated, projects.
This aids with timely turnaround and enhances public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the jurisdiction’s designee will have final approval over the plan being reviewed. If requested, our staff will make recommendations for the resolution. We are also available to meet with agency staff or others as needed to discuss our findings.
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EXHIBIT C
Schedule of Fees
Fees not to exceed maximum aggregate amount of $250,000 (two hundred fifty thousand dollars) over the term of the agreement with not to exceed maximum amount of $50,000 (fifty thousand dollars) each fiscal year.
Hourly Rates
Fire Protection
Engineer/PE…………………………….………………………………………………$155
Fire Plans Examiner
…………………………………………………………………………………….$135
Senior Fire Inspector
……………………………………………………………………………………$130
Fire Inspector
…………………………………………………………………………………………….$120
Administrative
……………………………………………………………………………………………..$75
Pricing assumes that this contract is non-prevailing wage- for any prevailing wage projects BV will discuss rates with the City to account for prevailing wage requirements.
Overtime: All employees classified as “non-exempt” by the US Department of Labor will be compensated at 1.5 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent.
Reimbursables: Reimbursement for employee owned vehicles used in connection with the work will be at the current IRS rate.
Payment
City shall pay Contractor for all services rendered pursuant to this Agreement as set forth in Exhibits A and C, titled Scope of Work/Contractor Proposal and Schedule of Fees, attached hereto and in accordance to the terms outlined in Section 2 Compensation.
Invoices
Invoices for payment shall be provided to City monthly or within 30 calendar days of the final service date or by July 15 whichever is sooner. City will review, approve, and pay all valid invoices within 30 days of receipt.
Invoices for payment will be submitted by email or mail to the following addresses, will be on Contractor’s letterhead and will include the remittance address, a unique invoice number, a detailed list of expenses with dollar amounts and supporting documentation, if requested.
Email address:
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EXHIBIT C (continued)
Schedule of Fees
Mailing address:
City of Rocklin Fire Department
Attn: Accounts Payable
4080 Rocklin Road
Rocklin, CA 95677
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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.
CONTRACTOR
By:_____________________________
Craig Baptista, VP
Date: ___________________________
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RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN AWARDING
AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR FIRE PLAN
REVIEW AND INSPECTION SERVICES TO SHUMS CODA AND ASSOCIATES, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Fire 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 fire plan check and inspection services; and WHEREAS, on April 25, 2024, the Fire Department received seven (7) Statements of Qualifications, which were evaluated and ranked with five (5) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with Shums Coda and Associates, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of fifty thousand dollars ($50,000) 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 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 Shums Coda and Associates, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.
Section 2. Authorizes the City Manager to execute up to two (2) additional one-year terms for a total contract length of five years.
PASSED AND ADOPTED this 25th day of June, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
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THIS CONTRACT is made on July 1, 2024 by and between the CITY OF ROCKLIN a municipal corporation (“City”), and SHUMS CODA ASSOCIATES (“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 Work, Exhibit A, the Schedule of 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 TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000). 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 Exhibi t C. All invoices submitted by Contractor shall contain the following information:
i. Job/project name or description;
ii. City’s current purchase order and/or work order number (if applicable); iii. Contractor’s invoice number;
iv. Date of invoice issuance;
v. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
vi. Amount of invoice, itemizing all authorized reimbursable expenses; and vii. Total billed to date under agreement.
D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If 307
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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. 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.
E. 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.
F. 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.
a. 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 until June 30, 2027, unless sooner terminated as provided herein. The City in its sole discretion may choose to extend the contract for two additional one-year terms.
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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 Contractor by any such employees, agents, contractors or subcontractors, or any other per son 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.
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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 o f 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
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.
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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 wit h any scope of services or schedule of performance specified in Exhibits A or B.
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 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.
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.
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13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indir ect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant great er 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.
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, 312
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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
i. 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.
ii. 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.
iii. 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.
iv. 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 hi gher 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:
i. Additional Insured Status. The City, its officers, officials, employees, 313
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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).
ii. 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 of ficers, 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.
iii. Umbrella or Excess Policy. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insuranc e coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess Policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
iv. Notice of Cancelation . 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 cancelation due to non-payment.
v. 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 subr ogation endorsement from the insurer.
vi. 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.
vii. 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.
viii. Claims Made Policies. If any of the required policies for professional liability insurance provide claims-made coverage:
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