ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
October 22, 2024
Closed Session at 5:30 p.m.
General Session 6:00 p.m.
AMENDED AGENDA
*Item C17, Resolution A Updated
Notice of Teleconference Meeting Location:
Hyatt Regency Sonoma
170 Railroad St.
Santa Rosa, CA 95401
GREG JANDA,
Mayor
JILL GAYALDO,
Vice Mayor
DAVID BASS,
Council Member
KEN BROADWAY,
Council Member
BILL HALLDIN,
Council Member
ALY ZIMMERMANN,
City Manager
MATTHEW MCOMBER,
City Attorney
DANIEL CHOE,
City Treasurer
AVINTA SINGH,
City Clerk
HOW TO PARTICIPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.
Speaker identification sheets are available near the entrance of the Council Chambers. For items listed on the agenda, any person may address the City Council at the time the item is considered. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required three-minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.
WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council, Public Financing Authority or Successor Agency will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625- 5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.
LEVINE ACT PROVISIONS
The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Rocklin that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to a City elected or appointed officer (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $250 within the 12 months before the City decision.
City Council Regular Meeting Agenda of October 22, 2024 1 AUDIO/VISUAL PRESENTATIONS
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.
POSTING OF AGENDA
In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.
AGENDA
MEETING
INSTRUCTIONS
The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.
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. Emailed public comments will be distributed to City Council and treated as a public record.
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CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION
City Council Regular Meeting Agenda of October 22, 2024 2 CS1.
Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation City of Rocklin v. Legacy Family Adventures and David Busch, El Dorado Superior Court Case No. PC2019039.
CS2.
Pursuant to Government Code section 54957.6, Conference with Labor Negotiators, Agency Representatives: City Manager Aly Zimmermann, Director of Administrative Services Tameka Usher, and Deputy Director of Administrative Services Daniel Choe; Employee Organizations: Rocklin Firefighter's Union Local 3847, Rocklin Police Officers' Association, and Rocklin Public Safety Managers.
C1.
Minutes of the October 3, 2024 Special Meeting of the City Council C2.
Minutes of the October 8, 2024 Regular Meeting of the City Council
CLOSED SESSION
REPORT OUT OF CLOSED SESSION
CALL GENERAL SESSION TO ORDER
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
CITIZENS ADDRESSING THE CITY COUNCIL
This is an opportunity for public comment on matters not listed on the agenda. Public comment on items listed on the agenda will be taken when the agenda item is called.
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.
CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration.
Recommendation:
Approve the Minutes of the October 3, 2024 Special Meeting of the City Council.
Recommendation:
Approve the Minutes of the October 8, 2024 Regular Meeting of the City Council.
City Council Regular Meeting Agenda of October 22, 2024 3 C3.
Proclamation Declaring October 23-31, 2024 as Red Ribbon Week C4.
Appointment to the Parks and Recreation
Commission
C5.
City of Rocklin Readopting the City of Rocklin Conflict of Interest Code Update C6.
Quarterly Treasurer's Report
C7.
Designation of City's Agent for the Purpose of Obtaining State and Federal Disaster Financial Relief and Emergency Assistance
C8.
Information Technology Strategic Plan Contract
C9.
Authorization Increase for IT Purchases through Cooperative Purchase Agreements
Recommendation:
Approve a Proclamation Declaring October 23-31, 2024 as Red Ribbon Week, and Designate the Mayor to Sign the Proclamation on Behalf of the City Council.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Making an Appointment to the Parks and Recreation Commission.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Readopting the City of Rocklin Conflict of Interest Code and Amending the Titles of Designated Employees.
Recommendation:
Receive the Treasurer's Report for the Quarter Ending June 30, 2024.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Designating Applicant's Agent for the Purposes of Obtaining State and Federal Disaster Relief and Emergency Assistance.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Awarding and Approving A Professional Services Contract with SDI Presence LLC for the IT Strategic Plan
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with CDW-G for Various IT Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with Dell Marketing LP for Various IT Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
City Council Regular Meeting Agenda of October 22, 2024 4 C10.
City Attorney Employment Agreement - First Amendment
C11.
California Natural Resources Agency - Grant Agreement
C12.
Community Development Department Quarterly Building Report C13.
Park Drive Pavement Rehabilitation Project – Notice of Completion C14.
Whitney Ranch Parkway Widening Project
C15.
Target Solutions Learning, LLC Agreement
C16.
Central Valley Information Sharing System Memorandum of Understanding and Cost Sharing Agreement
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving the First Amendment to the Employment Agreement with the City Attorney and Authorizing the Mayor to Execute the Amendment.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting State General Fund Grants Funds for the Sunset Whitney Connector Bridge and Authorizing the City Manager to Execute Required Documents.
Recommendation:
Receive the Quarterly Building Report for the Quarter ending September 30, 2024.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Park Drive Pavement Rehabilitation Project (Project No. 50005), Approving the Notice of Completion, and Authorizing and Directing the Senior Engineer to Execute Said Notice on Behalf of the City.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Waiving a Discrepancy in the Low Bid and Awarding a Construction Contract for the Whitney Ranch Parkway Widening Project to Carone and Company, Inc. and Authorizing the City Manager to Execute the Agreement.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Ratifying a Contract with Target Solutions Learning, LLC and Authorizing the City Manager to Sign Subsequent Amendments.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving an Evergreen Memorandum of Understanding for Data Sharing with Central Valley Information Sharing System (CVISS) and Evergreen Cost Share Agreement and Authorizing the Police Chief to Execute the MOU and Cost Sharing Agreement and Subsequent Amendments.
City Council Regular Meeting Agenda of October 22, 2024 5 C17.
Pest Control Services Notice of CEQA Exemption and Contract Award C18.
Atherton Sewer Truck Line Upgrade Project - Easement Acquisition P1.
Proclamation Declaring October 23-31, 2024 as Red Ribbon Week P2.
Update on Current PCTPA Planning Efforts
Recommendation:
A
.
Adopt Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Pest Control Services for the City of Rocklin Facilities 2024).
B
.
Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for Pest Control Services for City of Rocklin Facilities 2024 to Advanced Integrated Pest Management, Inc. (Advanced IPM) and Authorizing the City Manager to Execute the Contract for Services.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Execute a Purchase and Sale Agreement and Necessary Related Documents for the Purchase of an Additional Sewer Easement at 695 Menlo Drive (APN 017-281-010 and APN 017-281-012) for the Northwest Rocklin Sewer Annexation Construction with GAP, INC.
PRESENTATIONS
In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
FUTURE AGENDA ITEMS
ADJOURNMENT
City Council Regular Meeting Agenda of October 22, 2024 6 City Council
Staff Report
Subject:
Minutes of the October 3, 2024 Special Meeting of the City Council Date:
October 22, 2024
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve the Minutes of the October 3, 2024 Special Meeting of the City Council.
Item Number C1.
ATTACHMENTS:
1. DRAFT City Council Meeting Minutes of October 3, 2024 7 DRAFT Meeting Minutes of October 3, 2024 Rocklin City Council 1 | P a g e
ROCKLIN CITY COUNCIL
City Council Special Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us
October 3, 2024
4:00 pm
MEETING MINUTES
-DRAFT-
CALL TO ORDER
Mayor Janda called the meeting to order at 4:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Janda led the pledge of allegiance.
ROLL CALL
Present: Councilmembers Ken Broadway, Jill Gayaldo, Bill Halldin Mayor Greg Janda
Absent: Councilmember David Bass
1. DISCUSSION ITEMS
1A. Interviewed Candidates for an Appointment to the Parks and Recreation Commission, and Deliberated.
The City Council conducted interviews with the following applicants:
Carlos Valdez
Walter Moore
Neil Bullock
Darren Huppert
Eric Feller
Pranil Shankar
Scott White
A resolution recommending the appointment will be presented to the City Council for adoption at the Regular Meeting of October 22, 2024.
8 DRAFT Meeting Minutes of October 3, 2024 Rocklin City Council 2 | P a g e
2. ADJOURNMENT
Mayor Janda adjourned the meeting at 6:52 p.m.
This is to certify that the foregoing is a true and
correct copy of the minutes of October 3, 2024 as
approved by the Rocklin City Council.
Avinta Singh, City Clerk
9 City Council
Staff Report
Subject:
Minutes of the October 8, 2024 Regular Meeting of the City Council Date:
October 22, 2024
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve the Minutes of the October 8, 2024 Regular Meeting of the City Council.
Item Number C2.
ATTACHMENTS:
1. DRAFT City Council Meeting Minutes of October 8, 2024 10 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 1 | P a g e
ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us
October 8, 2024
General Session 6:00 p.m.
MEETING MINUTES
-DRAFT-
CALL TO ORDER
Mayor Janda called General Session to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Janda led the pledge of allegiance.
ROLL CALL
Present: Councilmembers David Bass, Ken Broadway, Jill Gayaldo, Bill Halldin Mayor Greg Janda
Absent: None
AGENDA REVIEW
None.
CITIZENS ADDRESSING THE CITY COUNCIL
Mr. Satheesh Nagaraj with the Indian Association of Sacramento spoke about the cultural significance of Diwali and requested that fireworks be permitted to celebrate the festival.
City Manager Zimmermann shared that two years ago the City Council amended the ordinance permitting fireworks to permit safe and sane fireworks as part of a neighborhood street closure (block party) permit, noted there was a residential street closure permit application process in place with information available on the City website, and that Public Works Director Nartker could connect directly with the resident. 11 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 2 | P a g e
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.
Councilmember Halldin reported attendance at the Quarry Bowl; attended the Jessup Gala celebrating the University’s 20 years in Rocklin; attended the retirement event for Placer County Water Agency Board Member Mike Lee; and attended the Rocklin Fire Station Open House at Station 23.
Vice Mayor Gayaldo shared that she along with Placer County Elections staff visited Rocklin High School and spoke to students about serving in an elected position; attended the Three Dog Night concert at Quarry Park; attended the swearing in ceremony of a Rocklin police officer Landon Ritchey; attended Coffee with a Cop; participated on the interview panel for the Parks and Recreation Commission recruitment, underscoring the quality of applicants willing to serve the community; attended the Quarry Bowl; attended the Barktoberfest event held at Johnson-Springview Park; attended an event organized by the Roseville Police Activities League; and reported attendance at the Sacramento Area Council of Governments Innovation and Policy Committee meeting.
Councilmember Broadway reported attendance at the Placer County Transportation Planning Agency meeting sharing that the Comprehensive Operational Analysis for Auburn and Placer County Transit was considered; assisted with a Leadership Rocklin class held at City Hall; attended the retirement event for Mike Lee; attended the ribbon cutting ceremony for Byers Gymnastics Center; met with retiring Rocklin police office Monique Gillette; attended Coffee with a Cop; attended the swearing in ceremony of Rocklin Police officer Landon Ritchey; attended the Quarry Bowl; and thanked the Rocklin Fire Department for holding the Open House event.
Councilmember Bass stated that in addition to some of the events mentioned by other Councilmembers which he attended, he also reported attendance at the Placer County Flood Control Board meeting, and encouraged the public to participate in the upcoming Rocklin Police Activities League’s Cornhole Tournament on October 12, 2024.
City Manager Zimmermann shared the following upcoming events: Maker Faire Rocklin on October 12, 2024 being held on campus at the Sierra College; the annual Traffic Townhall meeting on October 16, 2024; Evenings in the Park on October 18, 2024 featuring the movie Harry Potter and the Sorcerer’s Stone; and shared that Concerts at Quarry Park would conclude on October 18, 2024 with a performance by Macy Gray. City Manager Zimmermann invited Police Chief Banks to provide an update on the Rocklin Police Department’s (RPD) e-bike enforcement campaign.
Police Chief Banks provided an update on e-bike safety, shared statistics, indicated that RPD has partnered with the Rocklin Unified School District (RUSD) on educational efforts as e-bikes and scooters have become more common in the city. He shared that enforcement for illegal operation of an e-bike or scooter may result in a warning citation, escalating to citations for subsequent offenses or towing, and shared that officer’s doing enforcement also handed out certificates for free donuts to students wearing helmets and abiding by safe traffic 12 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 3 | P a g e
laws. Chief Banks underscored that RPD’s model of enforcement was to promote the safety of children and acknowledged the Public Works department for restriping the road around Granite Oaks Middle School to facilitate safe arrival and departure of students.
City Manager Zimmermann noted that Chief Banks could address questions or provide clarification, but if the City Council would like to have a larger discussion, the item would have to be agendized for a future meeting.
Vice Mayor Gayaldo thanked the Chief Banks for the update, noted that fake pedals were being installed on e-bikes and, and wondered with changes in technology if the code was up to date to allow for enforcement. Chief Banks responded that RPD’s goal was to focus on education with the public including with parents, to ensure accountability, help simplify complex law and indicated that the department was able to navigate the present law sufficiently. Vice Mayor Gayaldo appreciated the education efforts as parents could be unfamiliar with the law, but underscored the dangers of e-bikes.
Mayor Janda echoed comments expressed by Vice Mayor Gayaldo on education and enforcement, and asked if RPD was making headway on its efforts. Chief Banks responded that although there was an immediate response after targeted enforcement, the department will have to look into sustaining this; he was open to creative ways to keep the community safe and felt that the department was doing well currently with addressing e-bikes and scooters. Mayor Janda added that the City Council would support RPD with any future needs on this issue.
CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion.
Anyone may request an item be removed for separate consideration.
C1. Minutes of the September 24, 2024 Regular Meeting of the City Council Action: Approved the Minutes of the September 24, 2024 Regular Meeting of the City Council.
C2. Proclamation Declaring October as Hindu Heritage Month and Recognizing the Festival of Diwali
Action: Approved a Proclamation Declaring October as Hindu Heritage Month and Recognizing the Festival of Diwali, and Designate the Mayor to Sign the Proclamation on Behalf of the City Council.
13 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 4 | P a g e
C3. Intention to Annex West Stanford Ranch Public Storage (APN 017-086-013-000) into Community Facilities District No. 1
Action: Adopted 2024-223 Resolution of the City Council of the City of Rocklin of Intention to Annex Territory to Rocklin Community Facilities District No. 1 (Annexation No. 90) and to Authorize the Levy of Special Taxes Therein (West Stanford Ranch Public Storage, APN 017-086-013-000).
C4. Rocklin Municipal Code Related to the Establishment of Service Fees (Second Reading of Ordinance)
Action: Adopted Ordinance No. 1181 of the City Council of the City of Rocklin Repealing and Replacing Section 3.32.020, 3.32.030, and 3.32.050 of the Rocklin Municipal Code Related to the Establishment of Service Fees.
C5. Contracts to Purchase Fuel and Lubricant Products Pursuant toSACOG Cooperative Purchasing Agreements
Action:
A. Adopted Resolution 2024-224 of the City Council of the City of Rocklin to Authorize the Purchase of Goods and Services with Hunt & Sons, Inc., Under Sacramento Area Council of Governments Agreement #CT250003 (Lubricants).
B. Adopted Resolution 2024-224 of the City Council of the City of Rocklin to Authorize the Purchase of Goods and Services with Hunt & Sons, Inc. Under Sacramento Area Council of Governments Agreement #CT250004 (Fuel).
C6. Bluffs Subdivision ADA Ramps
Action: Adopted Resolution 2024-226 of the City Council of the City of Rocklin Awarding the Contract for the Bluffs Subdivision ADA Ramps to FBD Vanguard Construction, Inc., and Authorizing the City Manager to Execute an Agreement with FBD Vanguard Construction, Inc.
C7. Corporation Yard Releveling and Dry Rot Repair Change Order No. 1 Action: Adopted Resolution 2024-227 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Change Order No. 1 with Reliant Construction, Inc. for the Corporation Yard Portable Releveling and Dry Rot Repair Project.
C8. Maverik Landscape Agreement
Action: Adopted Resolution 2024-228 of the City Council of the City of Rocklin Approving a Landscape Maintenance Agreement and Authorizing the City Manager to Execute the Landscape Maintenance Agreement with Maverik, Inc.
C9. Astound Broadband Powered by Wave Agreement
Action: Adopted Resolution 2024-229 of the City Council of the City of Rocklin Adopting and Authorizing the Agreement with Astound Broadband Powered by WAVE, for Intelligent Transportation System (ITS) Communication and Networking Services and Authorizing the City Manager to Execute an Agreement. 14 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 5 | P a g e
C10. Turn-Key Park Subdivision Improvement Agreement for Vista Oaks Action: Adopted Resolution 2024-230 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Subdivision Improvement Agreement for Turn-Key Park (Vista Oaks/ SD-2001-04A, TRE-2001- 30A).
PUBLIC COMMENT
There were none.
Motion to approve Consent Calendar Item Nos. C1 through C10 by Councilmember Broadway and seconded by Councilmember Bass. Passed by the following vote:
Ayes: Councilmember Bass, Broadway, Gayaldo, Halldin
Mayor Janda
Noes: None
Absent: None
Abstain: None
PRESENTATIONS
P1. Proclamation Declaring October as Hindu Heritage Month and Recognizing the Festival of Diwali
Mayor Janda read the proclamation and presented it to Celebrate India and Hindu Swayam Sevak Sangh organizations (HSS).
PUBLIC COMMENT
Mr. Shekhar Tiwari with Celebrate India spoke about the significance of the Diwali festival.
Mr. Sankar Dandabany with Celebrate India thanked the City for the recognition and for supporting the local Indian community and requested continued partnership with the City in promoting Indian culture.
Mr. Kameswara Prasad Mukkamala with HSS spoke about Hindu traditions, expressed his gratitude for the recognition as it celebrated diversity and inclusion, and was proud to be an active and proud member of the Rocklin community.
Dr. Nijaguna Bethur with HSS spoke about Sewa Diwali which was collective effort to address food insecurities, underscored that Diwali was a time to celebrate unity and In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters. 15 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 6 | P a g e
give back to the community, and thanked the City for the recognition and embracing the spirit of generosity.
Mr. Ketan Phanse expressed concern about recent vandalism acts that had occurred at Hindu temples throughout California, underscored the community coming together to stand against intolerance, and promoting education on the beauty of diversity.
Mayor Janda thanked the individuals who spoke and for their service to the community.
Vice Mayor Gayaldo shared that she recently attended an event held by the Hindu American Foundation that focused on cultural education by partnering with schools, noted that some issues or behaviors may result from ignorance, and shared that the City Council would be supportive of connecting members of the community with the RUSD for further educational opportunities.
Councilmember Halldin thanked the public for attending the meeting and including the City in this month’s celebrations, and expressed his appreciation to local residents of the Indian community for being so welcoming.
Councilmember Broadway stated it was an honor to present the proclamation, looked forward to joining Diwali events this year, and underscored that the diversity of a community makes it stronger.
Councilmember Bass appreciated members of the public for being in attendance and for expressing concerns on attacks on places of worship, emphasizing that such acts were unacceptable, offered assistance in explaining the legal process due to his background as a prosecutor, and concluded that the battle of light over darkness was overcoming acts of hate.
FUTURE AGENDA ITEMS
Mayor Janda suggested the topic of e-bikes if there was a need for further discussion in the future.
PUBLIC COMMENT ON CLOSED SESSION
There were none.
CLOSED SESSION
CS1. Pursuant to Government Code Section 54956.9(d)(4), Conference with Legal Counsel, Anticipated Litigation—Initiation of Litigation: one (1) potential case. 16 DRAFT Meeting Minutes of October 8, 2024 Rocklin City Council 7 | P a g e
Members of the City Council returned to the Council Chambers at 7:19 p.m.
REPORT OUT OF CLOSED SESSION
There was no reportable action.
ADJOURNMENT
Mayor Janda adjourned the meeting at 7:19 p.m.
This is to certify that the foregoing is a true and
correct copy of the minutes of October 8, 2024 as
approved by the Rocklin City Council.
Avinta Singh, City Clerk
17 City Council
Staff Report
Subject:
Proclamation Declaring October 23-31, 2024 as Red Ribbon Week Date:
October 22, 2024
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve a Proclamation Declaring October 23-31, 2024 as Red Ribbon Week, and Designate the Mayor to Sign the Proclamation on Behalf of the City Council.
Item Number C3.
ATTACHMENTS:
1. Red Ribbon Week Proclamation
18 Issued by City Council
Proclamation
National Red Ribbon Week
October 23-31, 2024
WHEREAS, October 2024 marks the 39th Anniversary of Red Ribbon Week, which is celebrated across the nation from 10/23/2024 - 10/31/2024; and WHEREAS, Red Ribbon Week began after the March 1985 torture and brutal murder of DEA Special Agent Enrique “Kiki” Camarena by drug traffickers in Mexico; and WHEREAS, parents, youth, schools, businesses, law enforcement, religious institutions, service organizations, senior citizens, medical and military personnel, sports teams, and individuals throughout the State of California will demonstrate their commitment to drug-free, healthy lifestyles by wearing red ribbons during this weeklong celebration; and WHEREAS, drug abuse stands as one of the major challenges our state faces in securing a safe and healthy future for our children; and
WHEREAS, the objective of Red Ribbon Week 2024 will be to promote this view through drug prevention, education, parental involvement, and community-wide support.
NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rocklin hereby declares the week of October 23 through 31, 2024 as Red Ribbon Week in the City of Rocklin and encourage all Rocklin citizens to help build drug-free communities and to participate in drug prevention activities by making a visible statement that we are firmly committed to healthy, productive, drug-free lifestyles.
I witness whereof I have hereunto set my hand and caused this seal to be affixed. ____________________________________________
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
19 City Council
Staff Report
Subject:
Appointment to the Parks and Recreation
Commission
Date:
October 22, 2024
Submitted By:
Avinta SIngh, City Clerk
Department:
City Clerk's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Making an Appointment to the Parks and Recreation Commission.
Background:
At the Special City Council Meeting on October 3, 2024, the City Council conducted interviews with qualified applicants to fill an unscheduled vacancy on the Parks and Recreation Commission.
Exhibit A to the Resolution identifies the recommended appointment.
Fiscal Impact:
There is no fiscal impact to the staff recommendation.
Item Number C4.
ATTACHMENTS:
1. Resolution
20 Resolution No. 2024- October 22, 2024 Page 1 of 1
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
MAKING AN APPOINTMENT TO THE PARKS AND RECREATION COMMISSION The City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin does hereby appoint the following individual to the Parks and Recreation Commission of the City of Rocklin commencing November 1, 2024 as set forth in Exhibit A, attached hereto and hereby incorporated herein by this reference.
PASSED AND ADOPTED this 22nd day of October, 2024, by the following vote:
AYES: Councilmembers
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
21 Exhibit A
to Reso. No. 2024-
EXHIBIT A
APPOINTMENT:
PARKS AND RECREATION COMMISSION
RMC Chapter 2.36 & 2.44.050
Two-Year Term
Appointees Term Expires
Neil R. Bullock 6/30/2026
22 City Council
Staff Report
Subject:
City of Rocklin Readopting the City of Rocklin Conflict of Interest Code Update
Date:
October 22, 2024
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Readopting the City of Rocklin Conflict of Interest Code and Amending the Titles of Designated Employees.
Background:
State law requires local governing bodies to adopt a conflict of interest code, which identifies positions designated to report financial interests and categories of reportable financial interests. The City of Rocklin adopted its Conflict of Interest Code in 1980, by Resolution No. 80-116, and it has been amended several times since its adoption. State law also requires local governing bodies to review their codes at least once every two years and to amend the conflict of interest code as needed. The City of Rocklin last updated its Conflict of Interest Code on September 14, 2021 by Resolution No. 2021-158.
Since the City last amended the Conflict of Interest Code, positions designated to report financial interests have been changed, deleted, or added. Staff recommends approval of a resolution amending the Conflict of Interest Code to update the position titles designated to report financial interests.
Fiscal Impact:
There is no fiscal impact to the staff recommendation.
Item Number C5.
ATTACHMENTS:
1. Resolution
2. City of Rocklin Conflict of Interest Code
3. Redlined Changes to Exhibit A - Designated Positions 23 Resolution No. 2024- October 22, 2024 Page 1 of 2
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
READOPTING THE CITY OF ROCKLIN CONFLICT OF INTEREST CODE
AND AMENDING THE TITLES OF DESIGNATED EMPLOYEES
(Last Amended by Resolution No. 2021-158)
WHEREAS, the Political Reform Act of 1974, Government Code sections 81000 et. seq., requires every local government agency, including the City of Rocklin, to adopt and promulgate a conflict of interest code; and
WHEREAS, by Resolution No. 80-116 the City of Rocklin has adopted the standard model conflict of interest code, pursuant to Title 2 of the California Code of Regulations, Section 18730, which Conflict of Interest Code has been readopted as amended from time to time, most recently by Resolution No. 2021-158; and WHEREAS, the City of Rocklin Conflict of Interest Code includes a list of “Designated Positions” in Exhibit A; and
WHEREAS, from time to time, the list of designated positions requires amendment so as to update the titles of positions, add new positions which should be required to file disclosure statements, reevaluate the disclosure categories of various positions, and delete those positions or titles no longer in use; and
WHEREAS, the City of Rocklin Conflict of Interest Code provides for three categories of disclosure in Exhibit B; and
WHEREAS, the City Council of the City of Rocklin desires to amend Exhibit A to the City’s Conflict of Interest Code to update and revise the list of positions which are designated to report financial interests.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City of Rocklin hereby incorporates by reference the provisions of Title 2 of the California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission as its Conflict of Interest Code, including Exhibit “A” setting forth an amended list of “Designated Positions” that are required to report financial interests, and Exhibit B, “Disclosure Categories,” each of which is attached and incorporated herein by reference.
Section 2. The City of Rocklin hereby repeals Resolution No. 2021-158. 24 Resolution No. 2024- October 22, 2024 Page 2 of 2
1 PASSED AND ADOPTED this 22nd day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
25 CITY OF ROCKLIN CONFLICT OF INTEREST CODE
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code a4lready in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or
participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report t heir economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
26 In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies. [FN1]
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statem ent of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2]
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code.
Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later
27 than April If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of eco nomic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate i n the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income
28 received during the 12months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real proper ty, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever i s later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general d escription of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds
$1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain:
29 1. The name and address of each source of income aggregating $500 or more in va lue, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in
the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain:
1. The name, address, and a general description of t he business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any posi tion of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
30 (8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part -time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $590 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part -time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
31 (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's
official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit car d transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public offici al's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
32 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother -in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
33 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on
the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected
officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has ta ken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal a ction, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for ba nkruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable mate rial financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
34 (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $590 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
35 (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualif ying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000 -91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separ ate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the originals to the filing officer.
36 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, invest ments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, sp ouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not i nclude salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Credits
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1 -9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1 -26-83; effective thirtieth day thereafter (Register 83, No. 5).
37 5. Amendment of subsection (b)(7)(A) filed 11 -10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of NOTE filed 8 -7-92; operative 9 -7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A) -(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11 -22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1 - 4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding HISTORY 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1) -(b)(8.1)(B), (b)(9)(E) and NOTE filed 3 -14- 95; operative 3 -14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A) -(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10 -23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
38 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2) -(b)(8.4)(C) and amendment of NOTE filed 8 -24-98; operative 8 -24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5 -11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regula tions, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b )(7)(A)4., (b)(7)(B)1. -2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law , 3 Civil C010924, California Court of Appeal, Third Appella te District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1) -(b)(8.1)(A) filed 1-16-2003; operative 1- 1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subje ct to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of HISTORY 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2) -(3), (b)(3)(C), (b)(6)(C), (b)(8.1) - (b)(8.1)(A), (b)(9)(E) and (b)(11) -(12) filed 1 -4-2005; operative 1 -1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
39 28. Amendment of subsection (b)(7)(A)4. filed 10 -11-2005; operative 11 -10- 2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12 -18- 2006; operative 1 -1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v . Office of Administrative Law , 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1) -(b)(8.1)(A) and (b)(9)(E) filed 10 -31- 2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law , 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11 -15-2010; operative 12- 15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural
or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of s ection heading and subsections (a) -(b)(1), (b)(3) -(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2 -7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1) -(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12- 15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law , 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
40 34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1) -(b)(8.1)(A), redesignation of portions of subsection (b)( 8.1)(A) as new subsections (b)(8.1)(B) -(C) and amendment of subsection (b)(9)(E) filed 12 - 1-2016; operative 12 -31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1) -(b)(8.1)(A) and (b)(9)(E) filed 12 -12- 2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e).
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law , 3 Civil C010924 , California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1- 2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C) -(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6- 11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
38. Amendment of subsections (b)(8.1) -(b)(8.1)(A) and (b)(9)(E) filed 12 -20- 2022; operative 1 - 19-2023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law , 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OA L) (Register 2022, No. 51).
41 CITY OF ROCKLIN CONFLICT OF INTEREST CODE
EXHIBIT A
Designated Positions
Section 1.
Persons occupying the following positions are designated officers and/or employees and must disclose the financial interests defined in all categories of Exhibit B, in accordance with the City of Rocklin Conflict of Interest Code:
Assistant City Attorney
Assistant City Manager
Chief Building Official
City Clerk
City Engineer / Deputy Director of Community Development
Deputy City Clerk
Deputy Director of Administrative Services
Deputy Fire Chief
Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Works
Fire Chief
Member of the Architectural Review Committee
Member of the Arts Commission
Member of the Board of Appeals (U. B. C.; Uniform Code on the Abatement of Dangerous Buildings)
Member of the Community Recognition Commission
42 Member of the Investment Advisory Committee
Member of the Parks and Recreation Commission
Planning Manager
Police Chief
Principal Information Technology Analyst
Principal Management Analyst
Principal Planner
43 Section 2.
Persons occupying the following positions are designated employees and must disclose the financial interests defined in Categories 2 and 3 of Exhibit B, in accordance with the City of Rocklin Conflict of Interest Code:
Administrative Analyst
Assistant Civil Engineer
Assistant Planner
Associate Civil Engineer
Associate Management Analyst
Building Inspector I/II
Building Maintenance Supervisor
Code Enforcement Officer
Code Enforcement Program Manager
Facilities Operations Superintendent
Fire Battalion Chief- Line
Fire Captain
Fire Prevention Plans Examiner
Fleet Services Supervisor
GIS Analyst II
Information Technology Analyst I/II
Information Technology Manager
Landscape Inspector
Landscape Services Supervisor
Management Analyst
44 Manager of Police Records and Communications
Parks and Recreation Manager
Parks Division Supervisor
Payroll Administrator
Permit Center Supervisor
Plan Check Engineer
Planning/Building Technician I/II
Police Captain
Police Lieutenant
Public Works Manager
Public Works Operations Supervisor
Public Works Inspector I/II
Recreation Supervisor
Senior Construction Inspector
Senior Engineer
Senior Information Technology Analyst
Senior Management Analyst
Senior Network Services Administrator
Senior Planner
Street Maintenance Supervisor
Streets/Traffic Operations Manager
Traffic Maintenance Supervisor
45
46 Section 3.
A consultant retained by the City to perform any of the functions of one or more of the above positions shall be a designated officer and/or employee if the services rendered are as described in 2 California Code of Regulations section 18700 and 18700.03.
Notwithstanding the foregoing, the City Attorney may determine in writing that a particular consultant, although a “designated position,” is retained to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this category. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements appropriate for and relative to the consultant’ s authority and scope of responsibility. The City Attorney’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
47 CITY OF ROCKLIN CONFLICT OF INTEREST CODE
EXHIBIT B
Disclosure Categories
Category 1
(a) Interests in real property which is located in whole or in part either (1) within the boundaries of the City of Rocklin, or (2) within the two miles of the boundaries of the City of Rocklin, including any leasehold, beneficial, or ownership interest or option to acquire such interest in real property.
(b) Investments in, income from, or business positions in business entities or persons which are contractors or subcontractors which are or have been within the previous two -year period engaged in the performance of building construction or design within the City of Rocklin.
(c) Investments in, income from, or business positions in business entities or persons engaged in the acquisition or disposal of real property within the jurisdiction of the City of Rocklin.
Category 2
Investments in, income from, or business positions in business entities or persons which manufacture or sell supplies, books, machinery, or equipment of the type utilized by the department in which the designated employee is employed or which staffs the board or commission of which the official is a member. Investments include interests described in Category 1.
Category 3
Investments in, income from, or business positions in business entities or persons which are contractors or subcontractors engaged in the performance of work or services of the type utilized in the department in which the designated employee is employed or which staffs the board or commission of which the offici al is a member.
Investments include the interests described in Category 1.
48 Note: The following positions are not designated by the City of Rocklin Conflict of Interest Code because they are subject to Article 2, Chapter 7, Title 9, commencing with Sectio n 87200 of the Government Code and as such, file Statements of Economics Interests with the City Clerk:
City Manager
City Attorney
City Treasurer
Member of the City Council
Member of the Planning Commission
49 EXHIBIT A
CITY OF ROCKLIN
Section 1.
Persons occupying the following positions are designated officers and/or employees and must disclose the financial interests defined in all categories of Exhibit B, in accordance with the City of Rocklin Conflict of Interest Code:
Assistant City Attorney
Assistant City Manager
Chief Building Official
City Clerk
City Engineer / Deputy Director of Community Development Deputy City Attorney
Deputy City Clerk
Deputy Director of Administrative Services
Deputy Director of Parks and Recreation
Deputy Director, Public Services
Deputy Fire Chief
Director of Administrative Services
Director of Community Development
Director of Human Resources
Director of Parks and Recreation
Director of Public Services Works
Director of the Office of Long-Range Planning & Housing Financial Analyst
Fire Chief
Manager of Building Services
Manager of Planning Services
Planning Manager
Member of the Architectural Review Committee
Member of the Arts Commission
Member of the Board of Appeals (U. B. C.; Uniform Code on the Abatement of Dangerous Buildings)
Member of the Deferred Compensation Committee
Member of the Community Recognition Commission
Member of the Investment Advisory Committee
Member of the Parks, and Recreation & ArtsCommission
Police Chief
Principal Information Technology Analyst
Principal Management Analyst
Principal Planner
50 Section 2.
Persons occupying the following positions are designated employees and must disclose the financial interests defined in Categories 2 and 3 of Exhibit B, in accordance with the City of Rocklin Conflict of Interest Code:
Administrative Analyst
Assistant Civil Engineer
Assistant Planner
Associate Civil Engineer
Associate Management Analyst
Associate Planner
Building Division Supervisor
Building Inspector I/II
Building Maintenance Supervisor
Building Plans Examiner
Code Enforcement Officer
Code Enforcement Program Manager
Facilities Operations Superintendent
Fire Battalion Chief- Line
Fire Captain
Fire Marshal
Fire Prevention Officer
Fire Prevention Plans Examiner
Fleet Services Supervisor
GIS Analyst II
Human Resources Analyst I/II
Information Technology Analyst I/II
Information Technology Manager
Landscape Inspector
Landscape Services Supervisor
Management Analyst
Manager of Police Records &
Communications
Manager of Planning Services
Parks and Recreation Manager
Parks Division Supervisor
Payroll Administrator
Permit Center Coordinator
Permit Center Supervisor
Permit Services Supervisor
Plan Check Engineer
Planning/Building Technician I/II
Police Captain
Police Lieutenant
Public Services Administrative Supervisor
Public Works Services Manager
Public Works Services Operations Supervisor
Public Works Inspector I/II
Recreation Supervisor
Risk and Benefits Analyst I/II
Senior Code Enforcement Officer
Senior Construction Inspector
Senior Engineer
Senior Information Technology Analyst
Senior Management Analyst
Senior Network Services Administrator
Senior Planner
Street Maintenance Supervisor
Streets/Traffic Operations Manager
Traffic Maintenance Supervisor
51 Section 3.
A consultant retained by the City to perform any of the functions of one or more of the above positions shall be a designated officer and/or employee if the services rendered are as described in 2 California Code of Regulations section s 18700 18700(a)(2) and 18700.3.
52 City Council
Staff Report
Subject:
Quarterly Treasurer's Report
Date:
October 22, 2024
Submitted By:
Megan Bressem, Management Analyst
Daniel Choe, Deputy Director of Administrative Services/City Treasurer
Department:
Administrative Services - Finance
Recommendation:
Receive the Treasurer's Report for the Quarter Ending June 30, 2024.
Background:
The Quarterly Treasurer's Report (Attachment 1), for the quarter ending June 30, 2024, provides the depository, maturity date, amount, and estimated annualized interest earnings for the City's investments pursuant to the Investment Policy (Resolution No. 2023-67).
Included as Attachments 2 and 3 are the City's Investment Portfolio and Placer County Treasurer's Pooled Investment Reports for the period ending June 30, 2024, detailing the investment values and individual securities.
Item Number C6.
ATTACHMENTS:
1. Treasurer's Report for Quarter Ending June 30, 2024
2. City of Rocklin Investment Portfolio Quarterly Report
3. Placer County Treasurer's Pooled Investment Report
53 54
55 INVESTMENT REPORT
City of Rocklin | As of June 30, 2024
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement. 56 TABLE OF CONTENTS
City of Rocklin | As of June 30, 2024
ECONOMIC UPDATE
ACCOUNT PROFILE
CONSOLIDATED INFORMATION
PORTFOLIO HOLDINGS
TRANSACTIONS
1 57
ECONOMIC UPDATE
2 58
Economic Update
Recent economic da ta suggests positive but slower growth this year fueled by consumer spending. While the consumer has been resilient, growing credit card debt, higher delinquencies, and a moderating labor market pose potential headwinds to future economic growth.
Inflationary trends are subsiding, but core levels remain above the Fed’s target. Given the cumulative effects of restrictive monetarypolicy and tighter financial conditions, we believe the economy will gradually soften and the Fed will loosen monetary policy in 2024.
As expected at t he June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher long- term neutral rate. Additionally, the Fed continues to reduce its holdings of U.S. Treasury securities and agency mortgage-backed securities as per its predefined schedule of $25 billion and $35 billion per month.
The US T reasury yield curve shifted lower in June as economic data moderated. The 2-year Treasury yield fell 12 basis points to 4.76%, the 5-year Treasury dropped13 basis points to 4.38%, and the 10-year Treasury yield declined 10 basis points to 4.40%. The inversion between the 2-year Treasury yield and 10-year Treasury yield remained relatively stable at -36 basis points at June month-end versus -37 basis points at May month-end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was -106 basis points. The inversion between 3-month and 10-year Treasuries widened to -96 basis points in June from -91 basis points in May. 3 59
Employment
-400
-200
0 200
400
600
800
1,000MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The U.S. economy added 206,000 jobs in June, remaining ahead of consensus expectations of 190,000 jobs. The gains were broad based, with government, health care, and social assistance posting the largest gains. The three-month moving average and six-month moving average payrolls have weakened from the first quarter to 177,000 and 222,000 respectively. The unemploymentrate edged up to 4.1% in June, and the labor participation rate inched up to 62.6%, remaining below the pre-pandemic level of 63.3%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons held steady at
7.4%. Average hourly earnings rose 3.9% year-over-year in June, down from 4.1% year-over-year in May. The labor markets continue to show signs of cooling in line with the Federal Reserve’s view that there has been “substantial” progress towards better balance in the labor market between demand and supply for workers.
Source: US Department of Labor Source: US Department of Labor 4 60
Job Openings & Labor Turnover Survey
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average
In Thousands (000's)
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS) increased to 8.140 million job openings in May from a downwardlyrevised 7.919 million in April. Job openings still represent a healthy ratio of around 1.2 jobs for each unemployedindividual.
While the current level of job openings remains elevated from a historical perspective, the trend is decelerating.
Source: US Department of Labor
5 61
Inflation
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Cor e Deflator Y OY % Change
Fed Target
YOY (%) Change
In June, the Consumer Price Index (CPI) declined 0.1% month-over-monthand rose 3.0% year-over-year, reflecting broad-based cost reductions. The month-over-monthdrop was the first deflationary data point since the pandemic. The Core CPI, which excludes volatile food and energy components, was up just 0.1% month-over-monthand 3.3% year-over-year in June, down from 3.4% in May and lower than expected. The Personal Consumption Expenditures (PCE) Index decelerated in May as expected. The headline PCE deflator was unchanged in May from April versus up 0.3% in the prior month. Year-over-year, the PCE deflator rose 2.6%. The Core PCE deflator (the Fed’s preferred gauge) increased 0.1% in May from the prior month versus up 0.3% in April. The Core PCE deflator also rose 2.6% year- over-year, still above the Fed’s 2% inflation target. Much of the lingering inflation has been driven by shelter costs and demand for services.
Source: US Department of Labor Source: US Department of Commerce 6 62
Consumer
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Retail Sales YOY % Change
YOY (%) Change
Retail Sales w ere unchanged month-over-monthin June after an upwardly revised 0.3% gain in May. On a year-over-year basis, Retail Sales growth further slowed to 2.3% in June from 2.6% in May. Nonstore retailers were a bright spot in June, while motor vehicle and gasoline sales declined. The Conference Board’s Consumer Confidence Index fell to 100.4 in June from 101.3 in May. While the present situation component rose marginally, consumers are less optimistic about future expectations for business conditions and potential income increases. While the consumer has been resilient, consumption has begun to moderate in the face of higher interest rates, rising credit card balances, and growing delinquencies.
0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09) 7 63
Leading Indicators of Economic Activity
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25
0.00 0.25
0.50 0.75
1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) fell 0.2% in June following a 0.4% decline in May. The index dropped 4.8% year-over- year. The report stated that "due to the smaller month-on-monthrate of decline, the LEI's long-term growth has become less negative, pointing to a slow recovery.” The Chicago Fed National Activity Index (CFNAI) decreased to 0.05 in June from 0.23 in May, surpassing consensus expectations. The three-month moving average rose to -0.01 in June from -0.08 in May, indicating slightly below-trend growth expectations for the economy.
Source: The Conference Board Source: Federal Reserve Bank of Chicago 8 64
Housing
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Housing starts j umped 3.0% month-over-monthin June to a higher-than-expected 1.353 million units, driven primarily by the multi-family category. Starts were down 4.4% year-over-year. The Freddie Mac average rate for a 30-year fixed mortgage edged down to 6.92% in June from 7.06% in May. According to the Case-Shiller 20-City Home Price Index, housing prices rose a higher-than-expected 7.2% year- over-year in April versus March's upwardly revised 7.5% increase. Tight inventories and higher mortgage rates continue to impact affordability.
Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%
0.0%
4.0%
8.0%
12.0%
16.0%
20.0%
24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change
9 65
Survey Based Measures
40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services
EXPANDING
CONTRACTING
The Institute for Supply Management (ISM) Manufacturing index edged down to 48.5 in June from 48.7 in May. While new orders picked up, prices paid for materials fell the most in over a year. The ISM Services Index returned to contraction declining to 48.8 in June, from
53.8 in the previous month. Although thelevel of the decline was a surprise, the trend in the Services PMI, which applies to a larger share of US economic output, has been steadily decreasing.
Source: Institute for Supply Management
10 66
Gross Domestic Product (GDP)
Components of GDP 6/23 9/23 12/23 3/24
0.6% 2.1% 2.2% 1.0%
0.9% 1.7% 0.2% 0.8%
0.0% 0.0% 0.3% -0.7%
0.1% 0.5% 0.2% 0.0%
0.5% 0.5% 0.6% 0.3%
2.1% 4.9% 3.4% 1.4%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce The third and final estimate of first quarter GDP came in as expected with growth up 1.4%, a small upward revision from 1.3% in the second estimate. Notably, the personal consumption expenditures component was revised down substantially to +1.5% in the final estimate from +2.0% in the second estimate. Weaker growth in consumer spending was offset by upward revisions in other major categories, particularly gross fixed investment. The consensus projection calls for 2.0% growth in the second quarter and 2.3% growth for the full year 2024.
11 67
Federal Reserve
Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
As expected at the June meeting, the Federal Open Market Committee voted unanimously to leave the federal funds rate unchanged at a target range of 5.25-5.50%, emphasizing the need to see sustained evidence of easing inflation before considering any rate cuts. The FOMC's latest projections now suggest only one interest rate cut in 2024, with four more cuts expected in 2025 and a slightly higher long- term neutral rate. The Fed’s inflation projections ticked up marginally, while unemployment and GDP growth forecasts remained steady.
Additionally, the Fed continues to reduce its holdings of U.S. Treasury securities and agency mortgage-backed securities as per its predefined schedule of $25 billion and $35 billion per month. Since the Fed began its Quantitative Tightening campaign in June 2022, securities holdings have declined by approximately $1.7T to approximately $7.3T.
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Effective Federal Funds Rate
Recession
Yield (%)
12 68
Bond Yields
Source: Bloomberg Source: Bloomberg
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Yield Curve
Jun-24
Mar-24
Jun-23
Yield (%)
At the end of June, the 2-year Treasury yield was 15 basis points lower, and the 10-Year Treasury yield was 56 basis points higher, year- over-year. The inversion between the 2-year Treasury yield and 10-year Treasury yield remained relatively stable at -36 basis points at June month-endversus -37 basis points at May month-end. The inversion has occurred since July 2022 and remains historically long. The average historical spread (since 2003) is about +130 basis points. The inversion between 3-month and 10-year Treasuries widened to -96 basis points in June from -91 basis points in May.
13 69
ACCOUNT PROFILE
14 70
OBJECTIVES
City of Rocklin | As of June 30, 2024
Investment Objectives
Safety of principal is the foremost objective of the investment program. The investment portfolio shall remain sufficiently liquid to meet all requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs.
Chandler Asset Management Performance Objective
The performance objective for the portfolio is to earn a total rate of return through a market cycle that is equal to or above the return on the benchmark index.
Strategy
In order to achieve this objective, the portfolio invests in high-quality fixed income securities that comply with the investment policy and all regulations governing the funds. 15 71
STATEMENT OF COMPLIANCE
City of Rocklin | Account #11014 | As of June 30, 2024
Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 20.0 4.3 Compliant
Max % Issuer (MV) 30.0 4.3 Compliant
Max Maturity (Years) 5.0 3.0 Compliant
Min Rating (AA by 1) 0.0 0.0 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 & A- by 1) 0.0 0.0 Compliant
COLLATERALIZED BANK DEPOSITS
Max % (MV) 100.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
COLLATERALIZED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0. 0 Compliant
CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 28.9 Compliant
Max % Issuer (MV) 5.0 2.0 Compliant
Max Maturity (Years) 5 4 Compliant
16 72
STATEMENT OF COMPLIANCE
City of Rocklin | Account #11014 | As of June 30, 2024
Rules Name Limit Actual Compliance
Status Notes
Min Rating (A- by 1) 0.0 0.0 Compliant
FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
FEDERAL AGENCIES
Max % (MV) 100.0 5.6 Compliant
Max % Issuer (MV) 30.0 3.9 Compliant
Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 4 Compliant
LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant
LOCAL GOVERNMENT INVESTMENT POOL (LGIP)
Max % (MV) 25.0 0.0 Compliant
MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.4 Compliant
Max % Issuer (MV) 20.0 0.4 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
MORTGAGE -BACKED SECURITIES, CMOS (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Ma
x Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, OTHER STATES)
Max % (MV) 30.0 0.0 Compliant
17 73
STATEMENT OF COMPLIANCE
City of Rocklin | Account #11014 | As of June 30, 2024
Rules Name Limit Actual Compliance
Status Notes
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant
REPURCHASE AGREEMENTS
Max % (MV) 100.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 1.0 0.0 Compliant
SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 4.4 Compliant
Max % Issuer (MV) 10.0 3.1 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 56.3 Compliant
Max Maturity (Years) 5 4 Compliant
18 74
PORTFOLIO CHARACTERISTICS
City of Rocklin | Account #11014 | As of June 30, 2024
Benchmark* 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 2.68 2.87 2.82
Average Modified Duration 2.51 2.57 2.56
Average Purchase Yield 4.28% 4.26%
Average Market Yield 4.66% 4.85% 4.74%
Average Quality** AA+ AA AA
Total Market Value 55,792,348 55,353,610
*Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index **The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 19 75
SECTOR DISTRIBUTION
City of Rocklin | Account #11014 | As of June 30, 2024
Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
US Treasury 56.4% 56.4%
Corporate 28.7% 28.6%
Agency 5.6% 5.7%
Supras 4.3% 4.4%
Agency CMBS 4.3% 4.4%
Money Mkt Fd 0.4% 0.5%
Cash 0.2% 0.1%
20 76
ISSUERS
City of Rocklin | Account #11014 | As of June 30, 2024
Issuer Investment Type % Portfolio
United States US Treasury 56.39%
FHLMC Agency CMBS 4.33%
Farm Credit System Agency 3.86%
Inter-American Development Bank Supras 3.07%
Toyota Motor Corporation Corporate 2.00%
Deere & Company Corporate 1.95%
Bank of America Corporation Corporate 1.76%
Federal Home Loan Banks Agency 1.76%
Morgan Stanley Corporate 1.73%
The Toronto-Dominion Bank Corporate 1.36%
Caterpillar Inc. Corporate 1.35%
PACCAR Inc Corporate 1.35%
Royal Bank of Canada Corporate 1.34%
National Rural Utilities Cooperative Corporate 1.33%
Walmart Inc. Corporate 1.32%
UnitedHealth Group Incorporated Corporate 1.28%
International Bank for Recon and Dev Supras 1.27%
The Home Depot, Inc. Corporate 1.27%
Prologis, Inc. Corporate 1.18%
State Street Corporation Corporate 1.14%
Public Service Enterprise Group Inco Corporate 1.12%
Honeywell International Inc. Corporate 1.11%
JPMorgan Chase & Co. Corporate 0.98%
BNY Mellon Corp Corporate 0.89%
Realty Income Corporation Corporate 0.89%
Union Pacific Corporation Corporate 0.89%
Duke Energy Corporation Corporate 0.86%
Apple Inc. Corporate 0.86%
21 77
ISSUERS
City of Rocklin | Account #11014 | As of June 30, 2024
Issuer Investment Type % Portfolio
Eli Lilly and Company Corporate 0.74%
First American Govt Oblig fund Money Mkt Fd 0.43%
Cash Cash 0.17%
TOTAL 100.00%
22 78
QUALITY DISTRIBUTION
Rating 06/30/2024 03/31/2024
AAA 5.0% 4.9%
AA 68.3% 69.6%
A 26.7% 25.5%
Rating 06/30/2024 03/31/2024
AAA 72.0% 72.2%
AA 1.3% 1.4%
A 26.7% 25.3%
NR -- 1.1%
Rating 06/30/2024 03/31/2024
AAA 4.9% 4.9%
AA 70.7% 71.9%
A 13.0% 11.8%
NR 11.4% 11.5%
City of Rocklin | Account #11014 | As of June 30, 2024
S&P Rating Moody’s Rating Fitch Rating
23 79
0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
Portfolio 0.6% 2.2% 12.1% 17.8% 22.9% 32.9% 11.4% 0.0% 0.0% ICE BofA 1-5 Year Unsubordinated US
Treasury & Agency Index
0.0% 0.1% 2.4% 35.0% 26.8% 22.9% 12.8% 0.0% 0.0%
DURATION DISTRIBUTION
City of Rocklin | Account #11014 | As of June 30, 2024
Portfolio Compared to the Benchmark
24 80
3 Months 12 Months 2 Years 3 Years 5 Years 10 Years Since Inception
TOTAL RATE OF RETURN
City of Rocklin 0.82% 4.56% 4.45%
Benchmark 0.82% 4.18% 3.96%
*Periods over 1 year are annualized.
Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending market value; it includes interest earnings, realized and unrealized gains and losses in the portfolio.
INVESTMENT PERFORMANCE
City of Rocklin | Account #11014 | As of June 30, 2024
Total Rate of Return : Inception | 03/01/2023
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
5.00%
12 months 2 years 3 years 5 years 10 years Since Inception City of Rocklin ICE BofA 1-5 Yr US Treasury & Agency Index 25 81
PORTFOLIO CHARACTERISTICS
City of Rocklin Liquidity | Account #11170 | As of June 30, 2024 Benchmark* 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 0.16 0.22 0.47
Average Modified Duration 0.16 0.22 0.40
Average Purchase Yield 5.03% 5.03%
Average Market Yield 5.30% 5.32% 5.28%
Average Quality** AA+ AAA AAA
Total Market Value 17,395,532 17,174,767
*Benchmark: ICE BofA 3-Month US Treasury Bill Index
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 26 82
SECTOR DISTRIBUTION
City of Rocklin Liquidity | Account #11170 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
US Treasury 98.9% 99.0%
Money Mkt Fd 1.1% 1.0%
27 83
ISSUERS
City of Rocklin Liquidity | Account #11170 | As of June 30, 2024 Issuer Investment Type % Portfolio
United States US Treasury 98.92%
First American Govt Oblig fund Money Mkt Fd 1.07%
Cash Cash 0.00%
TOTAL 100.00%
28 84
CONSOLIDATED INFORMATION
29 85
PORTFOLIO CHARACTERISTICS
City of Rocklin Cons Agg | Account #11171 | As of June 30, 2024 6/30/2024
Portfolio
3/31/2024
Portfolio
Average Maturity (yrs) 2.24 2.26
Average Modified Duration 2.01 2.16
Average Purchase Yield 4.46% 4.44%
Average Market Yield 4.96% 4.86%
Average Quality** AA AA
Total Market Value 73,187,880 72,528,377
*Benchmark: NO BENCHMARK REQUIRED
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 30 86
SECTOR DISTRIBUTION
City of Rocklin Cons Agg | Account #11171 | As of June 30, 2024 Sector as a Percentage of Market Value
Sector 06/30/2024 03/31/2024
US Treasury 66.5% 66.5%
Corporate 21.9% 21.8%
Agency 4.3% 4.3%
Supras 3.3% 3.3%
Agency CMBS 3.3% 3.3%
Money Mkt Fd 0.6% 0.6%
Cash 0.1% 0.1%
31 87
PORTFOLIO HOLDINGS
32 88
HOLDINGS REPORT
City of Rocklin | Account #11014 | As of June 30, 2024
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
AGENCY
3133EPME2 FEDERAL FARM CREDIT BANKS 650,000.00 06/07/2023 647,426.00 98.09 637,556.69 1.15% Aaa/AA+ 3.94 FUNDING CORP 3.875 06/08/2028 3.96% 647,974.05 4.41% 1,609.20 (10,417.36) AA+ 3.60 3130AWN63 FEDERAL HOME LOAN BANKS 4.0 1,000,000.00 07/13/2023 997,340.00 97.21 972,057.06 1.76% Aaa/AA+ 4.00 06/30/2028 4.06% 997,857.92 4.78% 111.11 (25,800.86) AA+ 3.64 3133EPSK2 FEDERAL FARM CREDIT BANKS 500,000.00 08/17/2023 494,755.00 99.12 495,617.99 0.90% Aaa/AA+ 4.10 FUNDING CORP 4.25 08/07/2028 4.49% 495,663.90 4.49% 8,500.00 (45.92) AA+ 3.66 3133ERAK7 FEDERAL FARM CREDIT BANKS 1,000,000.00 04/19/2024 985,040.00 99.92 999,232.59 1.81% Aaa/AA+ 4.78 FUNDING CORP 4.375 04/10/2029 4.72% 985,617.29 4.39% 9,843.75 13,615.30 AA+ 4.23 3,124,561.00 98.57 3,104,464.32 5.62% Aaa/AA+ 4.25
Total Agency 3,150,000.00 4.32% 3,127,113.15 4.53% 20,064.06 (22,648.83) AA+ 3.83
AGENCY CMBS
3137BVZ82 FHMS K-063 A2 3.43 01/25/2027 1,000,000.00 12/08/2022 970,156.25 9 6.36 963,584.30 1.74% Aaa/AA+ 2.57
4.22% 981,553.11 4.98% 2,858.33 (17,968.81) AAA 2.27
3137F1G44 FHMS K-065 A2 3.243 04/25/2027 500,000.00 12/27/2022 478,574.22 95.59 477,969.85 0.86% Aaa/AA+ 2.82
4.33% 486,139.81 4
.94% 1,351.25 (8,169.96) AAA 2.55
3137F2LJ3 FHMS K-066 A2 3.117 06/25/2027 1,000,000.00 12/15/2022 961,406.25 95.14 951,379.20 1.72% Aaa/AA+ 2.99
4.06% 974,690.68 4.92% 2,597.50 (23,311.48) AAA 2.66
2,410,136.72 95.72 2,392,933.35 4.33% Aaa/AA+ 2.79
Total Agency CMBS 2,500,000.00 4.18% 2,442,383.60 4.95% 6,807.08 (49,450.25) AAA 2.48 CASH
CCYUSD Receivable 95,913.34 -- 95,913.34 1.00 95,913.34 0.17% Aaa/AAA 0.00
0.00% 95,913.34 0.00% 0.00 0.00 AAA 0.00
95,913.34 1.00 95,913.34 0.17% Aaa/AAA 0.00
Total Cash 95,913.34 0.00% 95,913.34 0.00% 0.00 0.00 AAA 0.00
CORPORATE
33 89
HOLDINGS REPORT
City of Rocklin | Account #11014 | As of June 30, 2024
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
63743HFE7 NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 3.45
06/15/2025
500,000.00 12/07/2022
4.83%
483,745.00
493,826.99
98.06 5.56%
490,277.09
766.67
0.89%
(3,549.90)
A2/A-
A
0.96 0.92
907818ES3 UNION PACIFIC CORP 3.75
07/15/2025
500,000.00 01/10/2023
4.60%
489,970.00
495,845.50
98.47 5.28%
492,343.95
8,645.83
0.89%
(3,501.55)
A3/A-
A-
1.04 0.99
69371RS23 PACCAR FINANCIAL CORP 4.95
10/03/2025
500,000.00 12/16/2022
4.61%
504,325.00
501,950.07
99.62 5.26%
498,086.03
6,050.00
0.90%
(3,864.05)
A1/A+
NA
1.26 1.19
756109BE3 REALTY INCOME CORP 4.625
11/01/2025
500,000.00 --
4.72%
498,730.00
499,411.59
98.80 5.56%
494,004.20
3,854.17
0.89%
(5,407.39)
A3/A-
NA
1.34 1.27
14913R3B1 CATERPILLAR FINANCIAL SERVICES
CORP 4.8 01/06/2026
750,000.00 --
4.60%
754,040.00
752,059.84
99.51 5.14%
746,323.67
17,500.00
1.35%
(5,736.17)
A2/A
A+
1.52 1.41
63743HFH0 NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 4.45
03/13/2026
250,000.00 0
2/07/2023
4.73%
248,000.00
248,900.71
98.61 5.31%
246,533.72
3,337.50
0.45%
(2,366.99)
A2/A-
A
1.70 1.60
61747YET8 MORGAN STANLEY 4.679
07/17/2026
400,000.00 12/13/2022
5.02%
396,748.00
398,656.93
99.02 6.32%
396,079.82
8,526.18
0.72%
(2,577.11)
A1/A-
A+
2.05 0.99
06051GLA5 BANK OF AMERICA CORP 4.827
07/22/2026
4 00,000.00 12/13/2022
5.16%
396,852.00
398,690.05
99.04 6.42%
396,143.43
8,527.70
0.72%
(2,546.61)
A1/A-
AA-
2.06 1.00
06406RBJ5 BANK OF NEW YORK MELLON CORP
4.414 07/24/2026
500,000.00 01/31/2023
4.71%
496,640.00
498,543.47
98.88 6.09%
494,383.49
9,624.97
0.89%
(4,159.99)
A1/A
AA-
2.07 1.01
438516BL9 HONEYWELL INTERNATIONAL INC
2.5 11/01/2026
650,000.00 12/13/2022
4.24%
609,862.50
625,838.19
94.51 5.02%
614,335.03
2,708.33
1.11%
(11,503.16)
A2/A
A
2.34 2.22
26444HAC5 DUKE ENERGY FLORIDA LLC 3.2
01/15/2027
500,000.00 12/29/2022
4.60%
474,475.00
483,919.08
95.46 5.13%
477,320.12
7,377.78
0.86%
(6,598.96)
A1/A
WR
2.54 2.36
857477CL5 STATE STREET CORP 4.993
03/18/2027
630,000.00 03/13/2024
4.99%
630,000.00
630,000.00
99.88 5.04%
629,238.12
8,999.88
1.14%
(761.88)
A1/A
AA-
2. 71
2.48 74340XBN0 PROLOGIS LP 2.125 04/15/2027 500,000.00 12/27/2022
4.71%
450,040.00
467,564.24
92.34 5.10%
461,690.00
2,243.06
0.84%
(5,874.24)
A3/A
WR
2.79 2.64
78016FZS6 ROYAL BANK OF CANADA 4.24
08/03/2027
250,000.00 12/16/2022
4.67%
245,507.50
246,996.12
97.30 5.20%
243,250.43
4,357.78
0.44%
(3,745.69)
A1/A
AA-
3.09 2.80
89115A2H4 TORONTO-DOMINION BANK 4.693
09/15/2027
250,000.00 12/16/2022
4.71%
249,847.50
249,896.78
98.51 5.20%
246,263.14
3,454.57
0.45%
(3,633.63)
A1/A
AA-
3.21 2.90
34 90
HOLDINGS REPORT
City of Rocklin | Account #11014 | As of June 30, 2024
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
24422EWK1 JOHN DEERE CAPITAL CORP 4.15
09/15/2027
500,000.00 12/07/2022
4.43%
494,055.00
496,001.38
97.81 4.89%
489,043.25
6,109.72
0.88%
(6,958.14)
A1/A
A+
3.21 2.93
91324PDE9 UNITEDHEALTH GROUP INC 2.95
10/15/2027
750,000.00 --
4.34%
704,875.00
719,209.16
94.01 4.94%
705,080.25
4,670.83
1.28%
(14,128.91)
A2/A+
A
3.29 3.06
037833DK3 APPLE INC 3.0 11/13/2027 500,000.00 12/16/2022
4.19%
473,720.00
481,931.58
94.75 4.70%
473,725.74
2,000.00
0.86%
(8,205.84)
Aaa/AA+
NA
3.37 3.14
69371RS31 PACCAR FINANCIAL CORP 4.6
01/10/2028
250,000.00 01/17/2023
4.29%
253,425.00
252,427.85
99.03 4.90%
247,574.65
5,462.50
0.45%
(4,853.21)
A1/A+
NA
3.53 3.15
89115A2M3 TORONTO-DOMINION BANK 5.156
01/10/2028
250,000.00 01/17/2023
4.78%
254,137.50
252,932.91
99.88 5.19%
249,699.73
6,122.75
0.45%
(3,233.18)
A1/A
AA-
3.53 3.11
78016FZW7 ROYAL BANK OF CANADA 4.9
01/12/2028
245,000.00 01/09/2023
4.91%
244,870.15
244,910.67
99.21 5
.15%
243,063.90
5,635.68
0.44%
(1,846.77)
A1/A
AA-
3.54 3.13
89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625
01/12/2028
615,000.00 01/09/2023
4.64%
614,594.10
614,713.25
99.06 4.92%
609,201.69
13,352.76
1.10%
(5,511.56)
A1/A+
A+
3.54 3.15
06051GGF0 BANK OF AMERICA CORP 3.824
01/20/2028
600,000.00 01/17/2023
5.11%
5 72,508.00
582,344.72
96.38 5.85%
578,301.42
10,261.07
1.05%
(4,043.30)
A1/A-
AA-
3.56 2.35
61747YEK7 MORGAN STANLEY 2.475
01/21/2028
600,000.00 01/18/2023
4.97%
546,606.00
565,641.08
93.24 5.62%
559,458.58
6,600.00
1.01%
(6,182.51)
A1/A-
A+
3.56 2.40
46625HRY8 JPMORGAN CHASE & CO 3.782
02/01/2028
565,000.00 01/30/2023
4.74%
541,219.15
547,939.26
96.34 5.75%
544,296.28
8,903.46
0.98%
(3,642.99)
A1/A-
AA-
3.59 2.38
931142FB4 WALMART INC 3.9 04/15/2028 750,000.00 --
3.97%
747,942.50
748,321.39
97.43 4.65%
730,735.45
6,175.00
1.32%
(17,585.95)
Aa2/AA
AA
3.79 3.45
89115A2U5 TORONTO-DOMINION BANK 5.523
07/17/2028
250,000.00 08/04/2023
5.33%
252,042.50
251,671.34
101.24
5.18%
253,105.96
6,290.08
0.46%
1,434.61
A1/A
AA-
4.05 3.51
78016HZS2 ROYAL BANK OF CANADA 5.2
08/01/2028
250,000.00 0
8/04/2023
5.34%
248,485.00
248,758.03
100.66
5.02%
251,641.49
5,416.67
0.46%
2,883.45
A1/A
AA-
4.09 3.57
74456QBX3 PUBLIC SERVICE ELECTRIC AND GAS
CO 3.65 09/01/2028
650,000.00 11/30/2023
4.92%
615,478.50
619,661.72
95.35 4.90%
619,776.12
7,908.33
1.12%
114.40
A1/A
WR
4.17 3.76
74340XBX8 PROLOGIS LP 4.0 09/15/2028 200,000.00 12/06/2023
4.91%
192,340.00
193,245.31
96.24 5.00%
192,474.98
2,355.56
0.35%
(770.33)
A3/A
NA
4.21 3.77
89236TLL7 TOYOTA MOTOR CREDIT CORP 4.65
01/05/2029
500,000.00 01/12/2024
4.46%
504,095.00
503,720.47
98.78 4
.96%
493,885.16
11,366.67
0.89%
(9,835.31)
A1/A+
A+
4.52 3.93
35 91
HOLDINGS REPORT
City of Rocklin | Account #11014 | As of June 30, 2024
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
24422EXH7 JOHN DEERE CAPITAL CORP 4.5
01/16/2029
600,000.00 01/12/2024
4.38%
603,108.00
602,825.45
98.30 4.92%
589,810.27
12,975.00
1.07%
(13,015.19)
A1/A
A+
4.55 3.97
532457CK2 ELI LILLY AND CO 4.5 02/09/2029 415,000.00 02/07/2024
4.51%
414,726.10
414,747.54
99.16 4.70%
411,499.65
7,366.25
0.74%
(3,247.88)
A1/A+
NA
4.61 4.04
437076CW0 HOME DEPOT INC 4.9 04/15/2029 700,000.00 04/16/2024
5.18%
691,593.00
691,934.26
100.17
4.86%
701,200.63
7,241.11
1.27%
9,266.37
A2/A
A
4.79 4.19
Total Corporate 16,270,000.00 4.68%
15,898,603.00
16,025,036.93
97.59 5.21%
15,869,847.38
232,187.85
28.72%
(155,189.55)
A1/A
A+
3.04 2.59
MONEY MARKET
FUND
31846V203 FIRST AMER:GVT OBLG Y 235,933.85 --
4.92%
235,933.85
235,933.85
1.00 4.92%
235,933.85
0.00 0.43%
0.00 Aaa/
AAAm
AAA
0.00 0.00
Total Money Market
Fund 235,933.85 4.92%
235,933.85
235,933.85
1.00 4.92%
235,933.85
0.00 0.43%
0.00 A
aa/
AAAm
AAA
0.00 0.00
SUPRANATIONAL
4581X0EH7 INTER-AMERICAN DEVELOPMENT
BANK 4.0 01/12/2028
550,000.00 03/19/2024
4.51%
540,254.00
540,968.15
98.14 4.58%
539,775.56
10,327.78
0.98%
(1,192.59)
Aaa/AAA
NA
3.54 3.19
459058KW2 INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPM
4.625 08/01/2028
700,000.00 01/18/2024
4.14%
713,846.00
712,497.42
100.45
4 .50%
703,143.97
13,489.58
1.27%
(9,353.45)
Aaa/AAA
NA
4.09 3.62
4581X0DC9 INTER-AMERICAN DEVELOPMENT
BANK 3.125 09/18/2028
700,000.00 01/18/2024
4.14%
670,110.00
672,939.09
94.71 4.51%
662,992.86
6,258.68
1.20%
(9,946.23)
Aaa/AAA
NA
4.22 3.85
4581X0EN4 INTER-AMERICAN DEVELOPMENT
BANK 4.125 02/15/2029
500,000.00 02/16/2024
4.40%
493,885.00
494,324.90
98.60 4.46%
492,988.29
8,651.04
0.89%
(1,336.61)
Aaa/AAA
NA
4.63 4.09
Total Supranational 2,450,000.00 4.28%
2,418,095.00
2,420,729.57
97.96 4.51%
2,398,900.68
38,727.08
4.34%
(21,828.89)
Aaa/AAA
NA
4.11 3.69
36 92
HOLDINGS REPORT
City of Rocklin | Account #11014 | As of June 30, 2024
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
US TREASURY
91282CGD7 UNITED STATES TREASURY 4.25 1,250,000.00 01/04/2023 1,246,875.00 99.46 1,243,225.10 2.25% Aaa/AA+ 0.50 12/31/2024 4.38% 1,249,212.29 5.36% 144.36 (5,987.19) AA+ 0.49 91282CGG0 UNITED STATES TREASURY 4.125 1,250,000.00 02/07/2023 1,242,333.98 99.31 1,241,320.80 2.25% Aaa/AA+ 0.59 01/31/2025 4.45% 1,247,730.94 5.34% 21,531.59 (6,410.14) AA+ 0.56 9128284R8 UNITED STATES TREASURY 2.875 1,250,000.00 12/27/2022 1,210,205.08 97.94 1,224,279.79 2.22% Aaa/AA+ 0.92 05/31/2025 4.27% 1,234,981.35 5.20% 3,043.89 (10,701.57) AA+ 0.89 91282CEU1 UNITED STATES TREASURY 2.875 1,250,000.00 01/24/2023 1,217,529.30 97.88 1,223,522.95 2.21% Aaa/AA+ 0.96 06/15/2025 4.02% 1,237,004.27 5.17% 1,571.04 (13,481.32) AA+ 0.93 91282CEY3 UNITED STATES TREASURY 3.0 1,250,000.00 12/08/2022 1,215,527.34 97.90 1,223,742.68 2.21% Aaa/AA+ 1.04 07/15/2025 4.12% 1,236,232.73 5.10% 17,307.69 (12,490.06) AA+ 0.99 91282CFE6 UNITED STATES TREASURY 3.125 1,250,000.00 01/19/2023 1,227,197.27 9 7.90 1,223,779.30 2.21% Aaa/AA+ 1.13 08/15/2025 3.88% 1,240,032.92 5.06% 14,702.09 (16,253.62) AA+ 1.08 91282CFP1 UNITED STATES TREASURY 4.25 1,250,000.00 12/07/2022 1,257,519.53 99.06 1,238,281.25 2.24% Aaa/AA+ 1. 29 10/15/2025 4.02% 1,253,398.95 5.00% 11,176.57 (15,117.70) AA+ 1.23 91282CFW6 UNITED STATES TREASURY 4.5 1,250,000.00 12/13/2022 1,267,041.02 99.39 1,242,431.64 2.25% Aaa/AA+ 1.38 11/15/2025 4.00% 1,258,017.43 4.96% 7,184.10 (15,585.79) AA+ 1.31 91282CGA3 UNITED STATES TREASURY 4.0 1,250,000.00 12/13/2022 1,253,271.48 98.71 1,233,886.73 2.23% Aaa/AA+ 1.46 12/15/2025 3.91% 1,251,587.98 4.93% 2,185.79 (17,701.26) AA+ 1.40 91282CGE5 UNITED STATES TREASURY 3.875 1,250,000.00 02/06/2023 1,242,724.61 98.50 1,231,201.18 2.23% Aaa/AA+ 1.54 01/15/2026 4.09% 1,246,182.62 4.90% 22,355.77 (14,981.45) AA+ 1.45 9128286X3 UNITED STATES TREASURY 2.125 1,250,000.00 12/13/2022 1,179,541.02 95.23 1,190,332.03 2.15% Aaa/AA+ 1.92 05/31/2026 3.87% 1,211,035.74 4.76% 2,249.83 (20,703.71) AA+ 1.84 912828U24 UNITED STATES TREASURY 2.0 1,250,000.00 12/07/2022 1,167,626.95 94.10 1,176,269.53 2.13% Aaa/AA+ 2.38 11/15/2026 3.81% 1,200,335.58 4.65% 3,192.93 (24,066.05) AA+ 2.27 912828V98 U NITED STATES TREASURY 2.25 1,250,000.00 02/06/2023 1,174,853.52 94.28 1,178,466.80 2.13% Aaa/AA+ 2.63 02/15/2027 3.88% 1,200,942.50 4.59% 10,585.51 (22,475.70) AA+ 2.48 91282CKE0 UNITED STATES TREASURY 4.25 1,250,000.00 06/25/2024 1,241,552.73 99.20 1,239,990.24 2.24% Aaa/AA+ 2.71 03/15/2027 4.51% 1,241,595.31 4.57% 15,591.03 (1,605.07) AA+ 2. 50 91282CEF4 UNITED STATES TREASURY 2.5 1,200,000.00 01/12/2023 1,145,109.38 94.79 1,137,421.87 2.06% Aaa/AA+ 2.75 03/31/2027 3.68% 1,164,203.32 4.54% 7,540.98 (26,781.45) AA+ 2.60 37 93
HOLDINGS REPORT
City of Rocklin | Account #11014 | As of June 30, 2024
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CFB2 UNITED STATES TREASURY 2.75
07/31/2027
750,000.00 01/18/2024
4.09%
717,363.28
721,515.66
94.95 4.52%
712,148.44
8,612.64
1.29%
(9,367.23)
Aaa/AA+
AA+
3.08 2.88
91282CFZ9 UNITED STATES TREASURY 3.875
11/30/2027
1,250,000.00 12/07/2022
3.65%
1,262,695.31
1,258,707.95
98.10 4.48%
1,226,220.70
4,102.63
2.22%
(32,487.25)
Aaa/AA+
AA+
3.42 3.15
91282CGC9 UNITED STATES TREASURY 3.875
12/31/2027
1,250,000.00 12/28/2022
3.96%
1,245,334.43
1,246,729.24
98.08 4.47%
1,226,025.39
131.62
2.22%
(20,703.85)
Aaa/AA+
AA+
3.50 3.23
91282CGH8 UNITED STATES TREASURY 3.5
01/31/2028
1,250,000.00 02/03/2023
3.61%
1,243,505.86
1,245,329.22
96.85 4.46%
1,210,595.70
18,269.23
2.19%
(34,733.52)
Aaa/AA+
AA+
3.59 3.27
91282CHE4 UNITED STATES TREASURY 3.625
05/31/2028
1,250,000.00 --
4.09%
1,224,394.53
1,229,346.09
97.15 4.42%
1,214,404.30
3,837.94
2.20%
(14,941.79)
Aaa/AA+
AA+
3.92 3.59
91282CHX2 UNITED STATES TREASURY 4.375
08/31/2028
1,750,000.00 09/08/2023
4.34%
1,752,392.58
1,752,005.24
99.88 4.40%
1 ,747,949.21
25,590.18
3.16%
(4,056.03)
Aaa/AA+
AA+
4.17 3.72
91282CJF9 UNITED STATES TREASURY 4.875
10/31/2028
800,000.00 10/30/2023
4.83%
801,468.75
801,272.60
101.87
4.40%
814,937.50
6,570.65
1.47%
13,664.91
Aaa/AA+
AA+
4.34 3.85
912810FF0 UNITED STATES TREASURY 5.25
11/15/2028
1,000,000.00 01/18/2024
4.00%
1,054,101.56
1,049,066.00
1 03.46
4.37%
1,034,609.38
6,705.16
1.87%
(14,456.62)
Aaa/AA+
AA+
4.38 3.87
91282CJR3 UNITED STATES TREASURY 3.75
12/31/2028
1,250,000.00 01/17/2024
4.03%
1,234,619.14
1,236,022.04
97.45 4.38%
1,218,066.40
127.38
2.20%
(17,955.64)
Aaa/AA+
AA+
4.50 4.09
91282CKD2 UNITED STATES TREASURY 4.25
02/28/2029
800,000.00 03/19/2024
4.31%
797,968.75
798,084.60
99.55 4.36%
796,406.25
11,364.13
1.44%
(1,678.35)
Aaa/AA+
AA+
4.67 4.13
9128286T2 UNITED STATES TREASURY 2.375
05/15/2029
500,000.00 05/29/2024
4.66%
450,019.53
450,902.67
91.32 4.37%
456,601.56
1,516.64
0.83%
5,698.89
Aaa/AA+
AA+
4.87 4.51
91282CKT7 UNITED STATES TREASURY 4.5
05/31/2029
1,250,000.00 06/25/2024
4.27%
1,262,841.80
1,262,806.13
100.68
4.34%
1,258,496.10
4,764.34
2.28%
(4,310.03)
Aaa/AA+
AA+
4.92 4.36
Total US Treasury 31,800,000.00 4.08%
31,335,613.73
31,524,281.36
98.05 4.73%
31,164,612.79
231,955.75
5 6.39%
(359,668.58)
Aaa/AA+
AA+
2.59 2.38
Total Portfolio 56,501,847.19 4.28%
55,518,856.65
55,871,391.80
97.26 4.85%
55,262,605.71
529,741.83
100.00%
(608,786.09)
Aa2/AA-
AA
2.87 2.57
Total Market Value +
Accrued 55,792,347.54
38 94
HOLDINGS REPORT
City of Rocklin Liquidity | Account #11170 | As of June 30, 2024 Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 751.33 --
0.00%
751.33
751.33
1.00 0.00%
751.33
0.00 0.00%
0.00 Aaa/AAA
AAA
0.00 0.00
Total Cash 751.33 0.00%
751.33
751.33
1.00 0.00%
751.33
0.00 0.00%
0.00 Aaa/AAA
AAA
0.00 0.00
MONEY MARKET
FUND
31846V203 FIRST AMER:GVT OBLG Y 185,877.54 --
4.92%
185,877.54
185,877.54
1.00 4.92%
185,877.54
0.00 1.07%
0.00 Aaa/
AAAm
AAA
0.00 0.00
Total Money Market
Fund 185,877.54 4.92%
185,877.54
185,877.54
1.00 4.92%
185,877.54
0.00 1.07%
0.00 Aaa/
AAAm
AAA
0.00 0.00
US TREASURY
912828D56 UNITED STATES TREASURY 2.375
08/15/2024
7,100,000.00 01/11/2024
5.10%
6,988,230.47
7,076,714.68
99.62 5.35%
7,073,097.67
63,466.00
40.83%
(3,617.01)
Aaa/AA+
AA+
0.13 0.13
91282CCX7 UNITED STATES TREASURY 0.375
09/15/2024
5,100,000.00 01/11/2024
5.03%
4,944,609.38
5,052,187.50
98.98 5.28%
5,048,203.13
5,612.77
29.14%
(3,984.38)
Aa
a/AA+
AA+
0.21 0.21
91282CDH1 UNITED STATES TREASURY 0.75
11/15/2024
5,100,000.00 01/11/2024
4.94%
4,926,281.25
5,022,729.00
98.31 5.35%
5,013,638.69
4,885.19
28.94%
(9,090.31)
Aaa/AA+
AA+
0.38 0.37
Total US Treasury 17,300,000.00 5.03%
16,859,121.10
17,151,631.18
9 9.05
5.33%
17,134,939.49
73,963.96
98.92%
(16,691.69)
Aaa/AA+
AA+
0.22 0.22
Total Portfolio 17,486,628.87 5.03%
17,045,749.97
17,338,260.05
97.99 5.32%
17,321,568.36
73,963.96
100.00%
(16,691.69)
Aaa/AA+
AA+
0.22 0.22
Total Market Value +
Accrued 17,395,532.32
39 95
TRANSACTIONS
40 96
TRANSACTION LEDGER
City of Rocklin | Account #11014|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 04/18/2024 437076CW0 700,000.00 HOME DEPOT INC 4.9 04/15/2029
98.799 5.18% (691,593.00) (285.83) (691,878.83) 0.00
Purchase 04/22/2024 3133ERAK7 1,000,000.00 FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.375 04/10/2029
98.504 4.72% (985,040.00) (1,458.33) (986,498.33) 0.00
Purchase 05/30/2024 9128286T2 500,000.00 UNITED STATES
TREASURY 2.375
05/15/2029
90.004 4.66% (450,019.53) (484.04) (450,503.57) 0.00
Purchase 06/26/2024 91282CKT7 1,250,000.00 UNITED STATES TREASURY 4.5
05/31/2029
101.027 4.27% (1,262,841.80) (3,995.90) (1,266,837.70) 0.00 Purchase 06/26/2024 91282CKE0 1,250,000.00 UNITED STATES TREASURY 4. 25
03/15/2027
99.324 4.51% (1,241,552.73) (14,869.23) (1,256,421.96) 0.00 Total Purchase 4,700,000.00 (4,631,047.06) (21,093.33) (4,652,140.39) 0.00 TOTAL
ACQUISITIONS 4,700,000.00 (4,631,047.06) (21,093.33) (4,652,140.39) 0.00
DISPOSITIONS
Sale 04/18/2024 023135CN4 (500,000.00) AMAZON.COM INC 4.6 12/01/2025
99.105 4.53% 495,525.00 8,752.78 504,277.78 (4,996.07)
Sale 04/22/2024 3133ENZ94 (1,000,000.00) FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.5 11/18/2024
99.500 4.47% 995,000.00 19,250.00 1,014,250.00 (5,666.02) Sale 0 5/30/2024 91282CFN6 (450,000.00) UNITED STATES
TREASURY 4. 25
09/30/2024
99.617 4.33% 448,277.34 3,135.25 451,412.59 (1,624.92)
Sale 06/26/2024 91282CFQ9 (1,250,000.00) UNITED STATES
TREASURY 4.375
10/31/2024
99.645 4.33% 1,245,556.64 8,470.62 1,254,027.26 (4,631.27) 41 97
TRANSACTION LEDGER
City of Rocklin | Account #11014|04/01/2024 Through 06/30/2024| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Sale 06/26/2024 91282CFN6 (1,000,000.00) UNITED STATES
TREASURY 4.25
09/30/2024
99.703 4.33% 997,031.25 10,102.46 1,007,133.71 (2,799.22) Total Sale (4,200,000.00) 4,181,390.23 49,711.11 4,231,101.34 (19,717.51) TOTAL
DISPOSITIONS (4,200,000.00) 4,181,390.23 49,711.11 4,231,101.34 (19,717.51) 42 98
IMPORTANT DISCLOSURES
City of Rocklin Cons Agg | Account #11171 | As of June 30, 2024 2024 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.
Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Source I CE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “as is” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.
This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.
Fixed i ncome investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.
Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively. 43 99
BENCHMARK DISCLOSURES
City of Rocklin | Account #11014 | As of June 30, 2024
Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency Index The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. 44 100
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110
111
City Council
Staff Report
Subject:
Designation of City's Agent for the Purpose of Obtaining State and Federal Disaster Financial Relief and Emergency Assistance Date:
October 22, 2024
Submitted By:
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Designating Applicant's Agent for the Purposes of Obtaining State and Federal Disaster Relief and Emergency Assistance.
Background:
For public entities established under the laws of the State of California, such a the City of Rocklin, a Designation of Applicant’s Agent Resolution must be filed with California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program. This designation is in accordance with Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Act of 1988 and/or state financial assistance under the California Disaster Assistance Act.
The City of Rocklin is a municipal government established under the laws of the State of California. To be eligible for assistance, a properly executed and certified California Governor's Officer of Emergency Services (Cal OES) Form 130, Designation of Applicant's Agent Resolution for Non-State Agencies, must be on file with Cal OES (Attachment 2).
The Form will authorize the City Manager, Administrative Services Director, or Deputy Director of Administrative Services to execute documents needed to obtain state and/or federal financial assistance. The resolution will set forth the authorized agents for the City for all current and future events and will be active for 3 years. The City last authorized this designation in 2021 by Resolution No. 2021-121.
Fiscal Impact:
Adopting the resolution (Attachment 1) will ensure compliance with the requirements to obtain state and federal financial assistance for any existing or future grant programs.
Item Number C7.
ATTACHMENTS:
1. Resolution
2. Exhibit A - Cal OES Form 130
112
Resolution No. 2024- October 22, 2024 Page 1 of 1
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
DESIGNATING APPLICANT’S AGENT
FOR THE PURPOSES OF OBTAINING STATE AND FEDERAL
DISASTER RELIEF AND EMERGENCY ASSISTANCE
WHEREAS, in accordance with Public Law 93-288 as amended by the Robert T Stafford Disaster Relief and Emergency Act of 1988 and/or state financial assistance under the California Disaster Assistance Act, a public entity established under the laws of the State of California, a Designation of Applicant’s Agent Resolution must be filed with California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program; and
WHEREAS, adoption of this resolution will ensure compliance with the requirements set forth above and will facilitate recovery of any federal and/or state financial disaster assistance.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin authorizes and directs the City Manager, Administrative Services Director, and Deputy Director of Administrative Services, individually and collectively, to prepare and execute, for and on behalf of the City of Rocklin, a public entity established under the laws of the State of California, applications for certain federal financial assistance under Public Law 93-288 as amended by the Robert T Stafford Disaster Relief and Emergency Act of 1988 and/or state financial assistance under the California Disaster Assistance Act.
Section 2. This is a universal resolution and is effective for all open and future disasters up to three (3) years.
Section 3. The City Clerk is hereby directed to obtain the required signatures and forward this resolution together with the signed Exhibit A entitled “Designation of Applicant’s Agent Resolution for Non-State Agencies,” to the California Governor’s Office of Emergency Services.
PASSED AND ADOPTED this 22nd day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
113
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of A
uthorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public ent
ity esta
blished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under C
A Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, S
ections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4 114
Please check the appropriate box below
This is a universal resolution a
nd is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.
This is a disa
ster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Bo
dy Representative)
(Name and Title of Governing Bod
y Representative)
(Name and Title of Governing Bo
dy Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the a bove is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4 115
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES F
orm 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group resp
onsible for appointing and approving the
Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity establis
hed under the laws of the
State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals th
at are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It d
oes not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4 116
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4 117
City Council
Staff Report
Subject:
Information Technology Strategic Plan Contract
Date:
October 22, 2024
Submitted By:
Daniel Choe, Deputy Director of Administrative Services Tameka Usher, Administrative Services Director
Department:
Administrative Services - IT
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Awarding and Approving A Professional Services Contract with SDI Presence LLC for the IT Strategic Plan Background:
The City of Rocklin seeks to develop a comprehensive Information Technology Strategic Plan that aligns its technology initiatives with the City’s overall mission, goals, and objectives. This Plan will guide the City in planning, procuring, implementing, and managing both the current and future IT investments and resources. Development of an IT Strategic Plan is an action plan item in the adopted 2022-2024 Strategic Plan work plan. Designed to be a “living” document, the IT Strategic Plan will serve as the foundation for ongoing review and adjustment over a five-year period, addressing governance, infrastructure, equipment, software, cybersecurity, staffing, and the effective use of technology to support the City's mission. The Plan is intended to provide a clear vision and roadmap for levering technology to enhance the City's operations effectively.
On May 24, 2024, the City released a request for proposal (RFP) for the development of the IT Strategic Plan, receiving 16 proposals by June 21, 2024. An evaluation committee, comprised of representatives from the Administrative Services, City Manager’s Office, Community Development, and Police departments, reviewed the proposals based on the evaluation criteria outlined in the RFP. These criteria included the qualifications and experience of the proposing firms, the team's expertise in similar projects of comparable complexity and magnitude in the government sector, the firms' understanding of the scope of services, their ability to deliver services within the prescribed timeline, project costs, and the completeness of their proposals. Following an initial ranking, the top four firms were selected for interviews, and SDI Presence LLC was determined to be the top-ranked firm for the requested services.
Following successful negotiations, staff recommends awarding and approving the contract for the IT Strategic Plan to SDI Presence LLC in the amount of $92,180.
Item Number C8.
118
Fiscal Impact:
Sufficient funding is available in the Fiscal Year 2024/25 Operating Budget in the Technology Fee Fund (130).
ATTACHMENTS:
1. Resolution
2. Exhibit A - Contract
119
Resolution No. 2024- October 22, 2024 Page 1 of 1
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AWARDING AND APPROVING A PROFESSIONAL SERVICES CONTRACT WITH
SDI PRESENCE LLC FOR THE IT STRATEGIC PLAN
WHEREAS, the City of Rocklin (City) seeks to develop a comprehensive Information Technology Strategic Plan that aligns technology initiatives with organizational objectives, enhances operational efficiency, facilitates informed decision- making regarding technology investments, mitigates risks, strengthens IT security, and positions the City for sustained long-term success; and WHEREAS, on May 24, 2024, the City released a request for proposal (RFP) for the IT Strategic Plan, receiving 16 proposals on June 21, 2024. An evaluation committee, consisting of representatives from various departments, evaluated the proposals based on established evaluation criteria outlined in the RFP. Following the initial ranking, four firms were interviewed, and SDI Presence LLC was determined to be the top-ranked firm for the IT Strategic Plan; and
WHEREAS, staff recommends awarding the contract for the IT Strategic Plan to SDI Presence LLC for a total compensation amount of $92,180. Sufficient funds are available in the Technology Fee Fund (130) to support this award.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The IT Strategic Plan Professional Services contract is hereby approved and awarded to SDI Presence LLC, in the form attached hereto as Exhibit A.
PASSED AND ADOPTED this 22nd day of October, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
120
1733390.1 9959-001
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CONTRACT FOR SERVICES
THIS CONTRACT is made on __________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and SDI Presence LLC “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 Exhibit s 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 Munic ipal 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 Ninety-Two Thousand One Hundred Eighty Dollars ($92,180). 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 fo r expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.
C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
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 121
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vii. Total billed to date under agreement.
D. City shall make payment to Contractor net 30 days from receipt of an ac ceptable 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 Schedul e of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.
E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this Agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.
F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.
3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this Agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.
4. TERM OF CONTRACT
A. This Agreement shall become effective on the date that it is approved by bot h parties, set forth on the first page of the agreement and shall continue in effect until December 31, 2025 unless sooner terminated as provided herein.
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:
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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 ha d 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 pers on resulting from performance of this Agreement.
7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writi ng and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.
9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, s pecifications, reports, estimates, summaries and other 123
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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 descri bed 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 prop erty 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.
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 ef fort 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 124
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provided in accordance with 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 pr ofessional 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 re search. Contractor shall be liable for any expenses thereby incurred.
12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.
13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City . The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which w ould conflict in any manner or degree with the 125
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performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply.
Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
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, agent s, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.
17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this pa ragraph 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
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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 t he 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 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, 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 Coverag e. 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 127
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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 Genera l 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 a ny of the required policies for professional liability insurance provide claims-made coverage:
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 documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City 128
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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 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 Opportunit y.
Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.
C. Inspection of Record s. 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 bet ween 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.
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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 othe r 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
Administrative Services Department
3970 Rocklin Road
Rocklin, CA 95677
City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677
Contractor: SDI Presence LLC
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
H. Enforcement of Agreement . This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
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 word s of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic 130
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signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.
L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.
CONTRACTOR
By: ______________________________
Hardik Bhatt, CEO
By: ______________________________
Sharee L. Wolff, CFO
CITY OF ROCKLIN
By: _______________________________
Aly Zimmermann, City Manager
ATTEST:
By: _______________________________
Avinta Singh, City Clerk
APPROVED AS TO FORM:
By: ______________________________
Matthew McOmber, City Attorney
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EXHIBIT A
Scope of Work
Task 1.1 – Facilitate Planning Meeting
TASK DESCRIPTION: Contractor will meet with the City’s Project Sponsor and other key staff to complete a detailed review of the scope of work, project timeline, deliverables, project status methods, project participants (i.e. sponsor, subject matter experts, technical resources, etc.), and other items to ensure a well-planned project. During this meeting, Contractor will discuss the tools and templates that will be leveraged.
Task 1.2 – Work Plan Development and Review
TASK DESCRIPTION: Contractor will publish a Work Plan and facilitate a meeting with the City Project Sponsor to review and obtain feedback on the proposed Work Plan. The goal of this meeting is to obtain consensus on the Work Plan and a commitment to support the Work Plan. The Work Plan will be continuously updated throughout the project timeline as part of regular status reporting.
DELIVERABLE: Project Work Plan
Task 1.3 – Request Existing Documentation
TASK DESCRIPTION In order to ensure alignment with the City’s business priorities, Contractor will request and review documentation including, but not limited to, the following items:
• City Goals, Business Plans, Budgets, and CIP
• Previous Related Assessments and Plans
• City Organizational Chart and Contact Information
• Technology Governance Agendas and Minutes
• In Process or Planned Technology Project Documentation • IT Disaster Recovery Plan
• Network Architecture Documentation
• IT Service Level Agreements and IT Performance Statistics or Activity Reports • Technology Vendor Listing and Agreements
DELIVERABLE: Documents Request List
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Task 1.4 – Conduct Kickoff Meeting
TASK DESCRIPTION: Since the project will have an enterprise-wide impact, it is important to proactively communicate with all impacted staff to ensure a clear understanding of project goals and objectives, roles and responsibilities, approach, tasks, and timeline. The Kickof f Meeting also provides the opportunity to introduce the Contractor’s team to City staff and should involve senior level management and project sponsors to provide an introduction of this Citywide endeavor. It is important that all City staff that will be involved in the project, regardless of their role, participate in the project kickoff.
DELIVERABLE: Kickoff Meeting Presentation
Task 2.1 – Conduct “Voice of the Customer” Survey
TASK DESCRIPTION : Contractor will conduct a web -based survey to determine overall satisfaction in terms of IT service delivery and support. The survey will be available to all City technology customers and provides an opportunity to obtain their input. Survey questions will cover the use and support of core business applications, level of satisfaction with the City’s technical environment, technology training opportunities, mobility and remote access to the communications network, and observations of what works well, necessary improvements, and future plans. Once the survey is concluded, Contractor will prepare a “Voice of the Customer” Survey Report. The report will summarize the survey results.
DELIVERABLES: Survey Tool; Draft and Final Survey Reports Task 2.2 – Conduct Business Technology Assessment
TASK DESCRIPTION: Contractor will facilitate a series of interviews with City executives and department employees to provide a forum for input and feedback about the technology service delivery, current business applications, technology roadblocks, and future needs or plans. Prior to the interviews, Contractor will provide an Interview Preparation Guide to assist participants in preparing for the sessions.
The interviews are an invaluable means of acquiring relevant and important information about the City’s priorities, business proce ss analysis, workflow, and to provide the basis for recommendations of future technology services and support.
Contractor will conduct on-site, face-to-face interviews to ensure a thorough understanding of concerns and priorities. If necessary, phone interviews may be scheduled to ensure everyone has an opportunity to participate or as follow-up to ensure clarity.
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Task 2.3 – Perform IT Assessment
TASK DESCRIPTION: Contractor’s IT Assessment evaluates whether the City’s IT infrastructure and support organization are prepared to support the future needs of the City by reviewing six key operational “assessment dimensions.” This review takes a comprehensive best practices view of essential IT delivery components, as a weakness in any one particular dimension can adversely influence the overall effectiveness of the organization. Findings and recommendations are developed based on:
Information gathered during business techno logy interviews with department stakeholders
The results of the Voice of the User Survey
Interviews with IT managers and staff
The IT best practices assessment
Contractor’s team will consolidate this information and develop findings and recommendations based on the City’s compliance with best practices in the following dimensions:
Technology Governance – Evaluation of the current IT organization and assessment of its skills, staffing levels, and capability to support operation and maintenance of current and future systems. This will include a review of IT project management practices, planning activities, IT refreshment, and the use of oversight committees. Service Delivery – Evaluation of the daily operation of the IT environment including budget, service metrics, maintenance, help desk, configuration management, change management and capacity management.
Business Technology Applications – Evaluation of the processes and methods to support business and operational technology applications. Security – Evaluation of the use of software monitoring tools, virus protection procedures, physical hardware securit y, network vulnerability, passwords, data backup/recovery processes, physical and data security, integrity planning, PCs, network, firewall, incident response, patch management, anti -virus protection and emergency operations.
Infrastructure – Review of the network, servers, desktops, telephony, storage configurations, remote access, data storage, server management, and operational procedures.
Administration – Review of technology procurement processes, contract management, vendor management, software license management, budget/charge back management and physical inventory processes.
It should be noted that as a part of our standard IT strategic planning methodology, Contractor will conduct a high-level review of the City’s current cybersecurity practices. However, the limited project budget does not allow Contractor to complete a comprehensive cybersecurity strategy and/or roadmap, which may be recommended as a project coming out of the overall IT Strategic Plan.
Task 2.4 – Conduct Management Briefing
TASK DESCRIPTION: Upon compilation of the initial findings and recommendations from the IT Assessment activities, Contractor will meet with the City’s Project Sponsor to review and discuss these items prior to the development of the draft IT Assessment Report.
DELIVERABLE: Verbal Briefing of IT Assessment Findings
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Task 2.5 – Develop and Deliver IT Assessment Report
TASK DESCRIPTION: Contractor will compile the results of the prior activities to create a Business Opportunities Report. This report will provide a department (business and operations) focused perspective on how the core business applications are currently being used, along with the challenges, issues, and opportunities.
DELIVERABLE: Draft and Final IT Assessment Report
Task 3.1 – Prepare for Prioritization Workshop
TASK DESCRIPTION: Contractor will develop a Project Portfolio containing projects identified through our information gathering process with City staff. For each project, Contractor will document the name, description, benefits, cost, level of effort to implement, risk, and implementation period. The draft Project Portfolio will be distributed prior to the Prioritization Workshop so that attendees can review and be prepared for the Workshop. • DELIVERABLE: IT Project Portfolio
•
Task 3.2 – Conduct Citywide Prioritization Workshop
TASK DESCRIPTION: Contractor will use their “Blue Wall” approach. This approach uses a multi-step prioritization methodology and tools that encourages staff participation and collaboration. The workshop is designed to help drive consensus to obtain City -wide prioritization of projects. The result of the workshop will be a prioritized list of projects assigned to a timeframe. In addition, the workshop is designed to identify IT Strategic Plan enabling factors which are defined as key elements that must be in place or occur to allow the Plan to be a success. Examples of enabling factor s could include training, staffing, budget, governance, project management, change management.
DELIVERABLE: Prioritization Workshop Materials
Task 3.3 – Prepare IT Strategic Plan
TASK DESCRIPTION: Contractor will incorporate work products from previous tasks as the foundation for the development of the City’s IT Strategic Plan. Contractor will use this information, as well as other information provided by staff and independent research, to create a draft of the IT Strategic Plan and review it with the City. Contractor will revise and update the IT Strategic Plan based on feedback from the City and will conduct a final technical and quality review of the final IT Strategic Plan before submission to the City’s executive team.
DELIVERABLE: Draft and Final IT Strategic Plan
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Task 4.1 – Facilitate IT Governance Workshop
TASK DESCRIPTION: Contractor will prepare for and facilitate an IT Governance workshop with City management to develop an IT Governance structure and supporting processes. More specifically, the workshop will address the following questions:
What is IT Governance?
Why IT Governance and what are the benefits?
What is the potential scope of IT Governance?
What is the best IT Governance model for the City?
What are the roles and responsibilities of City staff? The workshop will be designed to create an open discussion to encourage collaboration. The workshop will gather the appropriate input to develop an IT Governance Charter and Policy document.
DELIVERABLE: IT Governance Workshop PowerPoint
Task 4.2 – Develop IT Governance Tools
TASK DESCRIPTION: Based on the results from the workshop, Contractor will create a formal IT Governance Charter and, if necessary, policy statement. In addition, Contractor will create a standardized agenda and other process documents, such as project tracking tools, required to support ongoing IT Governance.
DELIVERABLE: IT Governance Charter
Task 4.3 – Facilitate Initial IT Governance Meeting
TASK DESCRIPTION: Contractor will assist staff in planning and facilitating the initial IT Governance meeting. The initial meeting will include ratifying the Charter and introducing the ongoing agenda and processes for maintaining an effective IT Governance structure.
DELIVERABLE: IT Governance Agenda
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EXHIBIT B
Schedule of Performance
Contractor will invoice the City monthly for work performed in the prior month up to the authorized amount specified in this Agreement . Invoices are substantiated by detailed descriptions of the tasks performed by Contractor resources and the number of hours spent to complete the task.
Based on the Contractor’s extensive experience in completing IT Strategic Plans for California organizations, the City’s IT Strategic Plan is anticipated to be completed within five (5) months following the project kick-off meeting. The ability to adhere to this timeline is contingent upon the availability and timely responsiveness of City personnel througho ut the project, as well as the prompt review and approval of draft reports by the City’s project team. Any need to extend the project timeline shall be periodically reviewed by both parties and may only be extended by mutual written agreement, which can be facilitated electronically via email or other acceptable methods of communication. Under no circumstances shall the project timeline extend beyond December 31, 2025.
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EXHIBIT C
Schedule of Fees
Contractor proposes to complete the City’s IT Strategic Plan utilizing a total of 446 hours of effort.
Detailed information about the anticipated number of hours, along with cost by Phase and Task are presented below.
Contractor will bill on a time and materials basis based on the actual hours worked during the billing period, using the hourly rates for their consultant team as follows:
Delivery Executive: $220
Project Manager: $210
Project Consultant: $200
Hourly rates are inclusive of all associated c osts including travel for onsite project activities.
Contractor does not charge the City for travel time. Any additional optional services that may be requested will be billed at the same hourly rates presented above.
Task Descriptions Hours Cost
Phase 1 - Initiate
1.1 Facilitate Project Sponsor Planning Meeting 4 860$
1.2 Finalize Work Plan 3 640$
1.3 Request and Review Documentation 12 2,460$
1.4 Conduct Kickoff Meeting 5 1,040$
Subtotal: Phase 1 - Initiate 24 5,000$
Phase 2 - Assess
2.1 Conduct "Voice of the Customer" Survey 40 8,200$
2.2 Conduct Business Technology Assessment 140 29,050$
2.3 Perform IT Assessment 60 12,300$
2.4 Conduct Management Briefing 8 1,680$
2.5 Develop and Deliver IT Assessment Report 30 6,150$ Subtotal: Phase 2 - Assess 278 57,380$
Phase 3 - Deliver
3.1 Prepare for Prioritization Workshop 12 2,460$
3.2 Conduct Citywide Prioritization Workshop 20 4,160$
3.3 Prepare IT Strategic Plan 60 12,300$
Subtotal: Phase 3 - Deliver 92 18,920$
Phase 4 - Govern
4.1 Facilitate IT Governance Workshop 16 3,360$
4.2 Develop IT Governance Tools 20 4,160$
4.3 Facilitate Initial IT Governance Meeting 16 3,360$ Subtotal: Phase 4 - Govern 52 10,880$
Total 446 92,180$
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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:
Hardik Bhatt, CEO
139
City Council
Staff Report
Subject:
Authorization Increase for IT Purchases through Cooperative Purchase Agreements
Date:
October 22, 2024
Submitted By:
Megan Bressem, Management Analyst
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with CDW-G for Various IT Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with Dell Marketing LP for Various IT Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
Background:
On June 25, 2024, the City Council adopted Resolution No. 2024-151 (Attachment 3), authorizing the purchase of goods and services through cooperative purchase agreements consistent with Rocklin Municipal Code sections 3.04.090 (C) and (D). These sections allow for the use of cooperative purchasing programs and piggyback purchasing utilizing purchase agreements and contracts maintained by other governmental agencies. Per the resolution, under the authorized cooperative agreements, the purchasing limit is $150,000 for CDW-G and $75,000 for Dell Marketing LP for Fiscal Year (FY) 2024/25.
Staff has identified additional IT purchases needed for on-going Citywide operations for FY 2024/25, including network equipment upgrades and software and hardware maintenance licenses, that can be made under these cooperative purchase agreements. These purchases were not included in the amounts previously authorized. Staff recommends increasing the purchasing authorization amount to $300,000 for CDW-G and $125,000 for Dell Marketing LP.
Fiscal Impact:
There is no additional fiscal impact to the staff recommendation. Sufficient funds are available in the FY 2024/25 Operating Budget to accommodate this increase.
Item Number C9.
140
ATTACHMENTS:
1. Resolution A - CDW-G
2. Resolution B - Dell Marketing LP
3. Resolution No. 2024-151 Cooperative Purchase Agreements FY 2024-25 141
Resolution No. 2024- October 22, 2024 Page 1 of 2
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE CITY MANAGER TO INCREASE THE PURCHASING
AUTHORIZATION AMOUNT WITH CDW-G FOR VARIOUS IT PURCHASES THROUGH COOPERATIVE PURCHASE AGREEMENTS FOR FISCAL YEAR 2024/25 WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024- 151, authorizing the purchase of various goods and services through cooperative purchase agreements under Rocklin Municipal Code sections 3.04.090 (C) and (D); and WHEREAS, the Resolution authorized the use of various cooperative agreements for CDW-G up to $150,000; and
WHEREAS, additional IT purchases needed for on-going Citywide operations for Fiscal Year (FY) 2024/25 have been identified and can be purchased under the existing cooperative purchase agreements; and
WHEREAS, staff recommends an increase in the total not-to-exceed amount by $150,000 with CDW-G under the cooperative purchasing agreements listed in Exhibit A, bringing the new total to $300,000; and
WHEREAS, the costs of this increase are included in the Fiscal Year (FY 2024/25) Operating Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Manager may execute one or more contracts, including amendments, and including retroactive contracts or amendments, to purchase goods, services, or both within the scope of the description set forth in Exhibit A or as otherwise provided by the Cooperative Purchase Agreements, from CDW-G through the Cooperative Purchasing Agreements listed in Exhibit A, provided that the City Attorney approves each such contract or amendment as to form and further provided that the total contract not-to-exceed amount of all such contracts shall not exceed $300,000. 142
Resolution No. 2024- October 22, 2024 Page 2 of 2
1 PASSED AND ADOPTED this 22nd day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
143
Exhibit A to
Reso No. 2024-
Exhibit A
CDW-G Cooperative Purchase Agreements for FY 2024/25
Vendor Name
Not-to-Exceed
-Amount
Cooperative Purchase
Agreement Description
CDW-G $300,000 OMNIA Partners #23-6692-02
OMNIA Partners #R210401
OMNIA Partners #R220801
OMNIA Partners #MA3458
OMNIA Partners #2018011-01
Barracuda security
solutions renewals
and network
switches and IT
related equipment
144
Resolution No. 2024- October 22, 2024 Page 1 of 2
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE CITY MANAGER TO INCREASE THE PURCHASING
AUTHORIZATION AMOUNT WITH DELL MARKETING LP FOR VARIOUS
IT PURCHASES THROUGH COOPERATIVE PURCHASE AGREEMENTS
FOR FISCAL YEAR 2024/25
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024- 151, authorizing the purchase of various goods and services through cooperative purchase agreements under Rocklin Municipal Code sections 3.04.090 (C) and (D); and WHEREAS, the Resolution authorized the use of various cooperative agreements for Dell Marketing LP up to $75,000; and
WHEREAS, additional IT purchases needed for on-going Citywide operations for Fiscal Year (FY) 2024/25 have been identified and can be purchased under the existing cooperative purchase agreements; and
WHEREAS, staff recommends an increase in the total not-to-exceed amount by $50,000 with Dell Marketing LP under the cooperative purchasing agreements listed in Exhibit A, bringing the new total to $125,000; and
WHEREAS, the costs of this increase are included in the Fiscal Year (FY 2024/25) Operating Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Manager may execute one or more contracts, including amendments, and including retroactive contracts or amendments, to purchase goods, services, or both within the scope of the description set forth in Exhibit A or as otherwise provided by the Cooperative Purchase Agreements, from Dell Marketing LP through the Cooperative Purchasing Agreements listed in Exhibit A, provided that the City Attorney approves each such contract or amendment as to form and further provided that the total contract not-to-exceed amount of all such contracts shall not exceed $125,000.
PASSED AND ADOPTED this 22nd day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
145
Resolution No. 2024- October 22, 2024 Page 2 of 2
1 ABSTAIN: Councilmembers:
_______________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
146
Exhibit A to
Reso No. 2024-
Exhibit A
Dell Marketing LP Cooperative Purchase Agreements for FY 2024/25 Vendor Name
Not-to-
Exceed -
Amount
Cooperative Purchase
Agreement Description
Dell Marketing LP $125,000 NASPO ValuePoint #AR2495
NASPO ValuePoint #7-23-70-
55-01
IT Equipment,
including but not
limited to various IT
licenses, desktop &
monitor purchases,
etc.
147
148
149
to Reso No. 2024-151
Exhibit A
Cooperative Purchase Agreements by Vendor and Amount for FY 2024/25 Vendor: Not-to-Exceed
Amount
Cooperative Purchase
Agreement
Description
Amazon Services, LLC $150,000 OMNIA Partners #MA3457
OMNIA Partners #R-TC-17006
Office Supplies and general
department supplies
American Office Products
Distribution
(AOPD)/Walker's Office
Supplies
$150,000 OMNIA Partners #11-18 Office supplies and furniture, and general department
supplies
AT&T Corp. $160,000 CALNET NextGen – All
Categories
Telecommunication services,
including but not limited to
FirstNet broadband network
for first responders
AT&T DataComm $250,000 CMAS #3-21-08-1074
CMAS #3-21-09-1015
CMAS #3-19-70-0255AL
CMAS #3-17-70-0255AH
CMAS #3-23-12-1014
Cellular service, business
telephone lines, legacy radio
circuts, analog copper-based
services
AXON (formerly Taser
International, Inc.)
$75,000 NASPO ValuePoint #OK-MA-
145-015
Sourcewell #101223-AXN
NASPO OKMA #145-21-100
Tasers and re-fill cartridges,
drones and accessories, and
evidence.com services
Caltronics Business
Systems/Konica Minolta
Business Solutions USA,
Inc.
$55,000 CMAS #3-17-36-0037B Copier service and supplies Cellco Partnership dba
Verizon Wireless
$60,000 NASPO ValuePoint #MA152-1
CMAS #3-21-09-1011
Cellular phone service, wireless
data, voice, and accessories
CDW-G $150,000 OMNIA Partners #23-6692-02
OMNIA Partners #R210401
OMNIA Partners #R220801
OMNIA Partners #MA3458
OMNIA Partners #2018011-01
Barracuda security solutions
renewals and network switches
and IT related equipment
Curtis Blue Line $100,000 NPPGov #PS20275 Uniforms and bullet-proof vests Dell Marketing LP $75,000 NASPO ValuePoint #AR2495
NASPO ValuePoint #7-23-70-
55-01
IT Equipment, including but not
limited to various IT licenses,
desktop & monitor purchases,
etc
General Motors/Future
Chevrolet of Sacramento
$100,000 Sourcewell #101520-GNL Parts and supplies for fleet vehicles
Goodyear/The Goodyear
Tire & Rubber Company
$90,000 Sourcewell #102517-GTC
NASPO ValuePoint #19101
Tires
Herc Rentals Inc. $110,000 OMNIA Partners #2019000318
CMAS #4-24-05-1052
Construction equipment
rentals
150
to Reso. No. 2024-151
Honeywell International,
Inc/US Digital Designs,
Inc.
$125,000 NPPGov #PS20350 Fire station alerting system,
components (parts) and
warranty
Hunt & Sons, Inc. $425,000 SACOG #1920029 Fuel
Lenslock, Inc. $150,000 NPPGov #PS22120 Body-worn camera, in-car video, surveillance and network
services, digital evidence
management services
Life Assist, Inc. $75,000 NPPGov #PS20180 EMS medical supplies and equipment
LION (Authorized
Dealer/Distributor Allstar
Fire Equipment)
$100,000 NPPGov #PS20065 Uniforms, PPE, equipment,
turnout gear, hoses
L.N Curtis & Sons $100,000 NPPGov #PS20015
NPPGov #PS20105 SCBA
H-GAC #EE08-19
Turnout gear, PPE, and
equipment
Motorola Solutions, Inc. $500,000 NASPO ValuePoint #00318 H-GAC #EC07-20 9-1-1
Handheld and in-vehicle radios
for public safety departments
Oshkosh
Corporation/Pierce
Manufacturing
Inc./Golden State Fire
Apparatus, Inc.
$100,000 Sourewell #113021-OKC-1 Vehicle and equipment parts PlayPower, Inc. - Miracle
Recreation/Miracle
PlaySystems, Inc.
$125,000 Sourcewell #010521-LTS-3 Playground equipment, equipment repairs, and
replacement parts
Stryker Medical (formerly
Physio-Control, Inc.)
$200,000 NASPO ValuePoint #OK-SW-300
Sourcewell #048123-STY
Lifepak automated external
defibrillator (AED) devices
Tesco Controls, Inc. $80,000 GSA Advantage #GS-07F-0513X Traffic Signal Cabinets and Accessories
Tree Pro Tree Service
Inc./Ross Tree Expert
Company
$400,000 CMAS #4-09-03-0378A Arborist services
Genuine Parts Company,
dba NAPA Auto Parts
$150,000 Sourcewell #032521-GPC Parts and supplies for fleet vehicles
U.S Bancorp dba U.S
Bank Corporate Payment
Systems/Voyager Fleet
Systems
$160,000 Sourcewell #080620-USB Fleet Card Program for offsite fueling of fleet vehicles
Waxie Sanitary
Supply/WAXIE's
Enterprises, LLC
$75,000 NASPO ValuePoint #8506
CMAS #4-23-11-1017
Facilities and sanitary supplies
Total: $4,290,000
151
City Council
Staff Report
Subject:
City Attorney Employment Agreement - First Amendment
Date:
October 22, 2024
Submitted By:
Matthew McOmber, City Attorney's Office
Department:
City Attorney's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving the First Amendment to the Employment Agreement with the City Attorney and Authorizing the Mayor to Execute the Amendment.
Background:
On January 9, 2024, the City Council approved a City Attorney Employment Agreement with Matthew McOmber, effective February 5, 2024. The City and McOmber (Employee) subsequently identified some contract clauses that require minor, non-substantive changes to clarify approval to obtain technological tools (e.g., laptop computer and other items) and relocation reimbursement and associated revisions. A redlined version of the clarifications is included with this item for reference. If approved by the City Council, the First Amendment will be effective as of the original start date of the Employment Agreement (February 5, 2024), with the Mayor authorized to sign the accompanying Resolution and First Amendment to the Agreement.
Fiscal Impact:
There is no new or changed fiscal impact associated with this action.
Item Number C10.
ATTACHMENTS:
1. Resolution
2. First Amendment to City Attorney Employment Agreement
3. Redlined Minor Nonsubstantive Changes to Select Provisions of City Attorney Employment Agreement
4. Original City Attorney Employment Agreement (02.05.24) 152
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING
THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY
ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT The City Council of the City of Rocklin does hereby resolve as follows:
Section 1. The City Council of the City of Rocklin hereby approves the First Amendment to the City of Rocklin City Attorney Employment Agreement with Matthew McOmber, effective February 5, 2024, which is attached and incorporated hereto.
Section 2. The City Council of the City of Rocklin authorizes the Mayor to execute the attached First Amendment to the Employment Agreement with the City Attorney.
PASSED AND ADOPTED this 8th day of October 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
153
FIRST AMENDMENT TO THE CITY OF ROCKLIN CITY ATTORNEY
EMPLOYMENT AGREEMENT WITH MATTHEW McOMBER
This First Amendment to the City of Rocklin City Attorney Employment Agreement is entered into between the City of Rocklin (“City”), and Matthew McOmber (“Employee” or “City Attorney”).
R E C I T A L S
WHEREAS, City and Employee previously entered into an Employment Agreement on January 9, 2024 to appoint Employee as City Attorney for the City of Rocklin (“Original Agreement”); and
WHEREAS, City and Employee desire to amend the Agreement to provide clarifying and non-substantive revisions consistent with the Parties’ intent and understanding, including but not limited to provisions governing City Commitments relative to relocation reimbursement, technological tools, and electronic signatures; and
WHEREAS, the Original Agreement and the First Amendment are collectively referred to as the “Agreement.”
NOW, THEREFORE, the Agreement is amended as follows:
I. Paragraph H of Section 5 of the Agreement is amended as of the effective date of the Agreement to read as follows:
H. Given the importance of technological tools to the effective and efficient business of municipal government and in compliance with annual budget appropriations, the City shall provide laptop computer, monitors, accessories, and similar electronic devices, to the City Attorney for use at the City Attorney's office, residence and remote work locations.
II. Paragraph I of Section 5 of the Agreement is amended as of the effective date of the Agreement to read as follows:
I. The City will provide relocation expenses to Employee in an amount not to exceed $10,000. Relocation must be within or near the City of Rocklin’s boundaries or Placer County. Relocation expenses will be reimbursed upon presentation of supporting documentation. Relocation expenses eligible for reimbursement include moving expenses, transportation, storage costs, and temporary housing. The amount reimbursed will be considered taxable income.
IV. REAFFIRMATION
In all other respects, the Agreement, as amended, and any attachments, remains in full force and effect.
154
V. ENTIRE AGREEMENT
The Agreement, as amended, and any attachments, constitute the entire understanding between County and Consultant.
VI. EFFECTIVE DATE
This First Amendment shall be deemed effective as of February 5, 2024.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement. By their signatures below, each signatory represents that they have the authority to execute this First Amendment and to bind the Party on whose behalf their execution is made.
City of Rocklin
_____________________________
Greg Janda, Mayor
Dated:
_____________________________
Matthew McOmber
ATTEST:
By: _______________________________
Avinta Singh, City Clerk
155
CITY OF ROCKLIN
CITY ATTORNEY EMPLOYMENT AGREEMENT
(Original Dated February 5, 2024)
Proposed redlined changes to First Amendment
to the City of Rocklin City Attorney
Employment Agreement
(Employee Matthew McOmber)
FOR REFERENCE ONLY
5. City Commitments.
H. Given the importance of technological tools to the effective and efficient business of municipal government and in compliance with annual budget appropriations, the City shall provide laptop computer, monitors, accessories, and similar electronic devices to the City Attorney for use at the City Attorney's office, residence and remote work locations.
I. The City will provide relocation expenses to Employee in an amount not to exceed $10,000. Relocation must be within or near the City of Rocklin’s boundaries or Placer County. Relocation expenses will be reimbursed upon presentation of supporting documentation. Relocation expenses eligible for reimbursement include moving expenses, transportation, storage costs, and temporary housing. The amount reimbursed will be considered taxable income.
[END OF REDLINED CHANGES]
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City Council
Staff Report
Subject:
California Natural Resources Agency - Grant Agreement
Date:
October 22, 2024
Submitted By:
Elizabeth Sorg, Management Analyst
Department:
City Manager's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting State General Fund Grants Funds for the Sunset Whitney Connector Bridge and Authorizing the City Manager to Execute Required Documents.
Background:
As part of the 2023/24 State budget cycle, the City of Rocklin was awarded $500,000 to build a connector bridge between Sunset Whitney Recreation Area and Johnson-Springview Park.
This funding was provided in AB 102 (Budget Act of 2023) and is programmed through the California Natural Resources Agency.
The proposed pedestrian bridge will be in the northern part of Johnson-Springview Park, over Antelope Creek, providing a connection point from the park to the greater trail system associated with the Sunset Whitney Recreation Area and create a path for students to walk safely to school.
This project has been in process since the creation of the Sunset Whitney Recreation Area (SWRA). SWRA has 4.8 miles of trails and connects residents to key amenities in the City, including shopping, schools, and other parks. Currently, residents who desire to cross Antelope Creek must travel out of SWRA to the only other bridge over Antelope Creek (Farron Street). This pedestrian bridge will create a safe, reliable crossing point that is closer to the schools, and connect the two largest parks in the City.
At the August 27, 2024 City Council meeting, the City Council authorized $1.2 million in federal American Rescue Plan Act (ARPA) funding to build this connector bridge. With the ARPA funding and the state earmark, staff can continue with design and development of the connector bridge.
The attached Resolution will grant the City Manager the authority to enter into a grant agreement with the California Natural Resources Agency to provide the previously committed $500,000 from the state to help build this bridge.
Item Number C11.
170
Fiscal Impact:
There is no direct fiscal impact to approve the attached Resolution. As expenditures are made for this project, those over the City Manager's signing authority will return to City Council for approval.
ATTACHMENTS:
1. Resolution
2. Project Information Form
3. Sample Grant Agreement
171
Resolution No. 2024- October 22, 2024 Page 1 of 2
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACCEPTING STATE GENERAL FUND GRANTS FUNDS FOR THE SUNSET
WHITNEY CONNECTOR BRIDGE PROJECT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE REQUIRED DOCUMENTS
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the SWRA-JSP Connector Bridge project shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of a Project Information Package before submission of said package to the State; and WHEREAS, the Grantee will enter into an agreement with the State of California for the above project.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rocklin:
Section 1. Approves the acceptance of a general fund allocation for local assistance for the above project; and
Section 2. Certifies that said agency understands the assurances and certification in the Project Information Form; and
Section 3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so; and Section 4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code; and
Section 5. Certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained; and
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Resolution No. 2024- October 22, 2024 Page 2 of 2
1 Section 6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide; and
Section 7. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.
PASSED AND ADOPTED this 22nd day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
173
G. PROJECT INFORMATION FORM
Project Name
SWRA Connector Bridge
Estimated Date of Completion:
Grant Amount:
Estimated Total Project Cost:
(State grant, other funds, and in-kind)
8/31/2028
$500,000
$2,500,000
Grantee Name (with mailing address) County Nearest City/Town City of Rocklin Check one:
3970 Rocklin Rd ☐ Nonprofit
Rocklin, CA 95677 X Local Agency
☐ State Agency
Placer Rocklin
Project Address (or nearest cross street)
Argonaut Ave and Midas Ave
Senate Dist. Assembly Dist. US Congressional Dist.
1 & 6 5 3
Grantee’s RepresentativeAuthorized in (Signature required at bottom of this page)Resolution Name: Aly Zimmermann Title: City Manager
Phone: 916-625-5585 Email: [email protected]
Project Manager – Person with day-to-day responsibility for project (if different from authorized representative) Name: Elizabeth Sorg Title: Management Analyst
Phone: 916-625-5582 Email: [email protected] Brief Description of Project
(Summarize major activities to be funded by this Grant) Latitude
38.79537
Longitude
-121.24490
This project will construct a pedestrian bridge connecting the two largest parks in the City: the Sunset Whitney
Recreation Area (SWRA) and Johnson Springview Park. The grant funding will be used to complete an environmental document (i.e., CEQA), obtain regulatory permits from
outside agencies, and prepare preliminary design. Should funding allow, final design will be performed.
Site Control/Land Tenure (check the box that applies)
X Grantee owns the property
Grantee leases the property – Term
☐ End: Enter date
☐ Grantee owns an easement on the property.
☐ Grantee has an MOU with the property owner.
☐ Not applicable – Project is a plan or program.
I certify that the information in this Project Information Form, including all attachments, is complete and accurate.
Signed: E
Grantee’s Authorized Representative as shown in Resolution Date Aly Zimmermann City Manager Designee? ☐ Yes X No
Print Name Title (If yes, attach letter of designation from authorized representative.)
174
33 W. SAMPLE DEVELOPMENT GRANT AGREEMENT
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME:
PROJECT TITLE:
AGREEMENT NUMBER:
AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023) PROGRAM: General Fund Specified Grant Projects
PROJECT DESCRIPTION
A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.
Grant funds are to be used to support capital asset projects in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate land tenure and evidence the project will be operated and maintained for a minimum of ___ years satisfactory to the State for all land to be improved under this Agreement.
2. Projects must follow the Secretary of the Interior’s Standards for the Treatment of Historic Properties, where applicable, to ensure the historical integrity of the project. In addition, any local, state, and federal ordinances and laws (such as the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act) must be followed to ensure the historical integrity of the project. Grant funds may NOT be used for demolition or non -historic treatment of historic structures or resources that are determined eligible for listing on the National Register of Historic Places or the California Register of Historical Resources.
3. If the Grantee is a nonprofit organization and ceases to exist, and, as a result, the Project will not be maintained, operated and used in fulfillment of the purpose funded by this Grant for the minimum number of years required by Section H of this Agreement, the State shall be entitled to repayment of the amount of the Grant plus accrued interest from the nonprofit organization’s remaining assets.
4. If Grantee is a federally recognized Native American Tribe Section F below will be replaced with the following:
F. Grantee’s Limited Waiver of Sovereign Immunity and Hold Harmless 175
34 1. The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses sovereign immunity from suit. Nothing in this Grant Agreement is or shall be deemed to be a waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted, except for the limited waiver set forth in this section.
2. Limited waiver of sovereign immunity and hold harmless. Notwithstanding any other provision in this Agreement (including, without limitation, any provision of any Exhibit incorporated in this Agreement by reference) to the contrary, nothing in this Agreement shall be deemed to be a general waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted. Provided, however, that Grantee hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit to allow the Natural Resources Agency to exercise all of its rights under the terms of this Agreement, and Grantee consents to suit in any court of the State of California for any claim to interpret or to enforce this Agreement. This shall include the right to contribution for loss of damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of the State, its officers, agents, and employees.
3. Grantee shall indemnify and hold harmless the State, its officers, agents, and employees in perpetuity against any and all claims, demands, damages, costs, expenses, or liability costs arising out of the Project, which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of the State, its officers, agents, or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending the State in court but shall reimburse for actual invoiced costs associated with the defense.
Grantee and the State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
General Provisions
A. Definitions
1. The term “Act” means the Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023).
2. The term “Acquisition” means obtaining a fee interest or any other interest, including easements, leases, and development rights.
3. The term “Agreement” means this Grant Agreement
4. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines.
5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grants, FY 2023-2024, Development & Acquisition.
176
35 6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.
7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).
8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.
9. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.
10. The term "Grantee" means an entity who has a signed agreement for Grant Funds.
11. The term “Interpretation” means visitor -serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.
12. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.
13. The term “Payment Request Form” means Form RA212.
14. The term "Project" means the acquisition or development activity described in the Application as modified by Exhibit A to be accomplished with Grant Funds.
15. The term “Project Budget” means the State approved cost estimate included as Exhibit A-1 to this Agreement.
16. The term “Project Property” means the property being developed or acquired with Grant Funds.
17. The term “Project Scope” means the description or activity for work to be accomplished by the Project.
18. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.
19. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.
3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and 177
36 under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.
4. Grantee shall at all times ensure that project complies with all environmental laws, including but not limited to obtaining all necessary permits.
Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.
6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that prior to commencement of construction all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.
7. Grantee shall provide access by the State upon 24 -hours’ notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion.
8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the Application. Changes in project scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the project as set forth in the Application on file with the State must be submitted to the State for approval.
Any modification or alteration in the project must also comply with all current laws and regulations, including, but not limited to, CEQA.
9. Grantee shall provide for public access and/or educational features where feasible.
10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest in project lands and demonstrate to the satisfaction of the State the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land.
11. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.
12. Grantee shall promptly provide photographs of the site during and after implementation of the project at the request of the State.
C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement for Development will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
178
37 a. Approved direct management costs or construction and development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
e. Overhead costs are generally limited to a maximum of 15% of total direct costs.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.
This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the project budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks, or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.
4. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.
5. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a realloc ation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.
179
38 D. Project Administration
1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents.
2. Grantee shall make property and facilities developed pursuant to this Agreement available for inspection upon request by the State.
3. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest- bearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.
4. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1, 2027.
5. Final payment is contingent upon State verification that the Project is consistent with the Project scope as described in Exhibit A, together with any State-approved amendments.
6. This Agreement may be amended by mutual agreement in writing between the Grantee and the State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner, preferably no less than sixty (60) days before the effective date of the proposed amendment.
7. Grantee must report to the State all sources of other funds for the project.
E. Project Termination
1. Prior to the completion of project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the Grantee which affects performance of this, or any other grant agreement or contract entered into with the State.
2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
3. If the Grantee fails to complete the project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the St ate determines it is in the State’s best 180
39 interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.
4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.
5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents, and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including development, construction, o peration or maintenance of the property described in the project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State and the Grantee because of the gross negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. G rantee 181
40 shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.
H. Use of Facilities
1. If Grantee owns the Project Property, Grantee shall not sell or transfer the Project Property (including any portion of it or any interest in it) during the Land Tenure Term defined in paragraph H.2. below without the written approval of the State of California, acting through the Natural Resources Agency, or its successor. Such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. If Grantee does not own the Project Property, Grantee shall notify the State within 30 days of any sale or transfer of the property, at which time the State may seek any and all remedies available under Section E of this Agreement.
2. Grantee shall maintain, operate, and use (or shall ensure via written agreement with the landowner that the project is maintained, operated, and used) in fulfillment of the purpose funded pursuant to this Grant for a minimum of NUMBER OF (XX) years, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines (the “Land Tenure Term”). Grantee, Grantee’s successor in interest, or the Assignee of this Agreement, may assign without novation the responsibility to maintai n and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.
3. Grantee agrees to use the Project Property (or shall ensure via written agreement with the landowner that the property will be used) solely for the purposes for which the Grant was made and no other use or sale or other disposition of the property shall be made during the Land Tenure Term. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.
4. Reimbursement of Grant with interest: At the State’s sole discretion, if the Grantee owns the Project Property and the use of the property is changed to a use that is not permitted by the Agreement or if the property is sold or otherwise disposed of by Grantee, the State may seek an amount equal to: (1) the amount of the Grant plus accrued interest at the prime interest rate at the time of disposition, and (2) the amount of any increase in property value attributed to grant-funded improvements to the Project Property. If the Grantee does not own the Project Property, and the use of the Project Property is changed to a use that is not permitted by this Agreement or is sold or otherwise disposed of within the Land Tenure Term, at the State’s sole discretion, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest at the prime interest rate at the time of disposition.
5. Grantee shall not use or allow the use of any portion of the Project Property as security for any debt during the Land Tenure Term. If the grantee does not own the Project Property, written approval of the State must be obtained for use of the Project Pro perty (including any portion of it or any interest in it) to be used as security for any debt, provided such approval by the State shall not be unreasonable withheld as long as the purposes for which the Grant was awarded are maintained and does not make the State a guarantor or a 182
41 surety for any debt, nor waive the State’s rights to enforce performance under this Agreement.
6. Grantee shall not use or allow the use of any portion of the Project Property for mitigation without the written approval of the State. If the grantee does not own the Project Property, the grantee shall ensure via written agreement with the landowner that the landowner shall not use or allow the use of any portion of the Project Property for mitigation without the written approval of the State.
I. Nondiscrimination
1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.
K. Severability
If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party. 183
42 M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.
N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:
1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence origi nally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shal l, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.
O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the grant funds were granted.
184
City Council
Staff Report
Subject:
Community Development Department Quarterly Building Report Date:
October 22, 2024
Submitted By:
David Mohlenbrok, Community Development Department Director Department:
Community Development
Recommendation:
Receive the Quarterly Building Report for the Quarter ending September 30, 2024.
Item Number C12.
ATTACHMENTS:
1. Community Development Department Quarterly Building Report July - September 2024 185
CITY OF ROCKLIN
Community Development Department
Building Division
MONTHLY BUILDINGREP ORTS
July – September 2024
186
NUMBER OF PERMITS
ISSUED
10 1
2 1
6 1
1 55
6 5
7 4
3 30
41 4
37 17
9 2
6 9
4 5
43 2
12 11
16 2
21 13
7 1
3 3
97 97
12 12
309
COMMERCIAL ALTER $1,638,600.00 $51,315.49
ALTERATIONS $69,000.00 $4,052.23
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 7/1/2024 and 7/31/2024
PERMIT TYPE VALUATION FEES CHARGED
TENANT IMPROVEMENT $1,476,600.00 $43,912.72
COMMERCIAL NEW $5,000.00 $556.92
OTHER $85,000.00 $2,909.20
SIDING $8,000.00 $441.34
ELECTRICAL PANEL-RES $36,735.00 $2,097.00
ESS-RES $59,344.00 $3,164.07
PATIO COVER $5,000.00 $556.92
ELECTRICAL $1,420,164.00 $44,616.85
PHOTOVOLTAIC-RES $47,230.00 $1,415.60
PV/ESS-RES $1,229,642.00 $34,213.70
EVCS - RES $12,514.00 $2,264.50
OTHER $34,699.00 $1,461.98
HVAC-RES $719,410.28 $12,591.60
PLUMBING $121,514.62 $5,796.30
MECHANICAL $780,660.28 $14,052.75
HVAC-COM $61,250.00 $1,461.15
WATER HEATER-RES $15,132.62 $1,941.00
POOL $752,671.00 $10,349.35
OTHER $91,812.00 $3,105.10
SOLAR PANELS-RES $14,570.00 $750.20
RES 1 2 FAMILY ALTER $1,130,352.09 $33,072.38
ADDITION $115,500.00 $4,241.33
POOL $286,671.00 $4,429.27
POOL/SPA $466,000.00 $5,920.08
ROOFING $333,766.98 $7,001.00
SIDING $35,850.00 $1,126.74
ALTERATIONS $435,700.00 $13,759.55
OTHER $209,535.11 $6,943.76
PATIO COVER $97,858.40 $5,694.30
RETAINING WALL $20,000.00 $866.69
RES 1 2 FAMILY NEW $4,163,019.96 $468,936.13
DWELLING $4,045,161.56 $462,375.14
WEB RES HVAC $1,603,993.66 $31,390.50
Unassigned $1,603,993.66 $31,390.50
SIGN $13,336.00 $2,320.65
BLDG PLANNING PERMIT $13,336.00 $2,320.65
Totals: $11,673,858.31 $666,289.32
WEB RES WATER HEATER $44,546.70 $3,882.00
Unassigned $44,546.70 $3,882.00
Printed: 1 of 1 187
NUMBER OF PERMITS
ISSUED
9 2
2 1
4 4
3 1
53 7
2 5
2 14
4 19
29 3
26 1
1 10
4 6
5 4
1 40
1 1
12 11
15 26
1 19
1 1
2 2
3 Permits Issued - Summary by Type
City of Rocklin
Date Range Between 8/1/2024 and 8/31/2024
PERMIT TYPE VALUATION FEES CHARGED
OTHER $87,000.00 $3,536.22
ROOFING $17,050.00 $583.66
COMMERCIAL ALTER $1,549,837.00 $39,440.72
ALTERATIONS $525,000.00 $10,657.36
BUILDING $1,873,275.30 $227,266.77
OTHER $140,000.00 $3,393.51
TENANT IMPROVEMENT $920,787.00 $24,663.48
COMMERCIAL NEW $2,013,275.30 $230,660.28
ESS-RES $42,113.00 $1,170.00
EVCS - RES $4,771.00 $1,669.10
ELECTRICAL $4,181,875.54 $47,831.16
ELECTRICAL PANEL-RES $19,160.00 $2,369.50
PHOTOVOLTAIC-RES $67,820.00 $2,248.00
PV/ESS-RES $801,917.54 $22,278.24
OTHER $2,700.00 $647.00
PHOTOVOLTAIC-COM $3,243,394.00 $17,449.32
HVAC-RES $423,636.62 $9,009.57
MISCELLANEOUS $12,553.00 $323.50
MECHANICAL $462,688.62 $10,181.60
HVAC-COM $39,052.00 $1,172.03
OTHER $27,800.00 $1,294.00
WATER HEATER-RES $55,700.00 $1,942.00
ELEC/MECH/PLUM-RES $12,553.00 $323.50
PLUMBING $83,500.00 $3,236.00
POOL/SPA $108,778.00 $1,141.64
RES 1 2 FAMILY ALTER $1,060,431.32 $30,777.62
POOL $377,052.00 $4,936.92
POOL $268,274.00 $3,795.28
ALTERATIONS $336,861.00 $11,659.86
OTHER $244,526.32 $6,538.29
ADDITION $100,000.00 $3,781.02
ADDITION AND ALTERATION $26,640.00 $2,047.95
DETACHED GARAGE $80,000.00 $2,852.05
DWELLING $5,800,749.84 $654,084.57
ROOFING $352,404.00 $6,750.50
RES 1 2 FAMILY NEW $5,999,188.94 $661,985.37
RETAINING WALL $32,500.00 $1,527.28
SHED $51,118.00 $1,907.56
OTHER $14,147.20 $716.44
PATIO COVER $20,673.90 $897.47
SIGN $4,000.00 $1,918.00
Printed: 1 of 2 188
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 8/1/2024 and 8/31/2024
2 1
66 66
9 9
255
PLANNING PERMIT $0.00 $424.00
WEB RES HVAC $1,048,255.29 $21,357.00
BLDG PLANNING PERMIT $4,000.00 $1,494.00
Unassigned $36,374.38 $2,911.50
Totals: $16,829,031.39 $1,055,559.67
Unassigned $1,048,255.29 $21,357.00
WEB RES WATER HEATER $36,374.38 $2,911.50
Printed: 2 of 2 189
NUMBER OF PERMITS
ISSUED
2 2
1 1
43 6
2 1
10 2
2 20
14 2
12 1
1 8
5 3
6 3
3 20
4 5
10 1
25 1
16 1
7 7
5 2
46 46
11 11
184Totals: $8,107,795.79 $568,283.90
WEB RES WATER HEATER $42,949.60 $3,558.50
Unassigned $42,949.60 $3,558.50
WEB RES HVAC $720,444.48 $14,885.00
Unassigned $720,444.48 $14,885.00
BLDG PLANNING PERMIT $32,700.00 $4,142.96
PLANNING PERMIT $4,508.00 $848.00
PATIO COVER $218,670.80 $7,969.70
SIGN $37,208.00 $4,990.96
DWELLING $4,071,791.54 $461,483.47
OTHER $9,800.00 $805.53
RES 1 2 FAMILY NEW $4,350,262.34 $472,109.46
DETACHED GARAGE $50,000.00 $1,850.76
ROOFING $228,313.60 $4,459.00
SIDING $35,000.00 $883.10
ALTERATIONS $154,000.00 $5,812.81
OTHER $610,500.00 $10,404.23
POOL/SPA $368,895.00 $3,558.46
RES 1 2 FAMILY ALTER $1,027,813.60 $21,559.14
POOL $524,745.00 $6,306.22
POOL $155,850.00 $2,747.76
OTHER $57,645.00 $1,759.50
WATER HEATER-RES $12,999.00 $970.50
ELEC/MECH/PLUM-RES $17,850.00 $732.55
PLUMBING $70,644.00 $2,730.00
HVAC-RES $204,478.26 $3,884.00
MISCELLANEOUS $17,850.00 $732.55
MECHANICAL $275,178.26 $4,552.80
HVAC-COM $70,700.00 $668.80
PHOTOVOLTAIC-RES $37,200.00 $823.60
PV/ESS-RES $770,661.00 $23,370.38
EVCS - RES $16,038.89 $3,235.00
OTHER $1,900.00 $752.00
ESS-RES $48,708.62 $1,170.00
EVCS - COM $17,492.00 $375.10
ELECTRICAL $914,400.51 $31,667.08
ELECTRICAL PANEL-RES $22,400.00 $1,941.00
DEMOLITION $1,300.00 $387.50
RES 1 2 FAMILY $1,300.00 $387.50
COMMERCIAL NEW $125,000.00 $4,804.69
OTHER $125,000.00 $4,804.69
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 9/1/2024 and 9/30/2024
PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 1 190
City Council
Staff Report
Subject:
Park Drive Pavement Rehabilitation Project – Notice of Completion Date:
October 22, 2024
Submitted By:
Andrew Shaw, Associate Civil Engineer
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Park Drive Pavement Rehabilitation Project (Project No. 50005), Approving the Notice of Completion, and Authorizing and Directing the Senior Engineer to Execute Said Notice on Behalf of the City.
Background:
The Park Drive Pavement Rehabilitation Project repaved Park Drive between Stanford Ranch Road and Sceptre Drive. On December 12, 2023, the City Council adopted Resolution No. 2023-209, awardinga construction contract to Central Valley Engineering and Asphalt, Inc. in the amount of $1,643,677 with a 15% contingency ($246,323) for a total construction budget of $1,890,000.
The Engineering Division has completed final inspections and found the work to be complete and in accordance with the plans and specifications. The project is now ready for acceptance.
Fiscal Impact:
There is no direct fiscal impact associated with approving the Notice of Completion. The construction project came in under the approved budget utilizing a combination of federal Regional Surface Transportation Program (RSTP) Grant Funds (Fund 240) and SB325 Sales Tax Funds (Fund 210) for a total construction cost of $1,791,128.67.
Item Number C13.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit 1 (Notice of Completion) and Exhibit A (Map) 191
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACCEPTING THE PUBLIC WORK KNOWN AS THE PARK DRIVE PAVEMENT REHABILITATION PROJECT (PROJECT NO. 50005), APPROVING THE
NOTICE OF COMPLETION, AND AUTHORIZING AND DIRECTING THE
SENIOR ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY WHEREAS, the Park Drive Pavement Rehabilitation Project repaved Park Drive between Stanford Ranch Road and Sceptre Drive; and WHEREAS, the City’s Engineering Division deems the work complete in accordance with the plans and specifications, and ready for acceptance.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The Notice of Completion on file in the City Clerk’s Office relative to that public work known as the Park Drive Pavement Rehabilitation Project (Project No. 50005) attached hereto and incorporated herein as Exhibit “1” is approved and the public work accepted.
Section 2. The Senior Engineer is hereby authorized and directed to execute said Notice of Completion on behalf of the City of Rocklin.
PASSED AND ADOPTED this 22 nd day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
192
Exhibit “1”
Notice of Completion
193
Recording Requested by and Return to:
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code § 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work known as Park Drive Pavement Rehabilitation Project (Project No. 50005) is complete. The location of said project (Park Drive between Stanford Ranch Road and Sceptre Drive) is indicated on the map attached hereto as Exhibit “A” and incorporated herein by this reference. The owner of said project is the City of Rocklin. The contractor on said project was Central Valley Engineering and Asphalt, Inc ., and the surety on said project was Everest National Insurance Company. The date of completion was August 20, 2024.
I, Larry M. Wing, being first duly sworn, depose and say: I am the Senior Engineer of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice of Completion. I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.
ATTEST:
__________________________
Avinta Singh, City Clerk
City of Rocklin
_____________________________________
Senior Engineer, City of Rocklin,
3970 Rocklin Road, Rocklin, California –
Owner of the Public Work Improvement
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: Signature:________________________________
Larry M. Wing
Senior Engineer, City of Rocklin
194
EXHIBIT “A”
NOTICE OF COMPLETION OF
PARK DRIVE PAVEMENT REHABILITATION PROJECT
195
City Council
Staff Report
Subject:
Whitney Ranch Parkway Widening Project
Date:
October 22, 2024
Submitted By:
Andrew Shaw, Associate Civil Engineer
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Waiving a Discrepancy in the Low Bid and Awarding a Construction Contract for the Whitney Ranch Parkway Widening Project to Carone and Company, Inc. and Authorizing the City Manager to Execute the Agreement.
Background:
Whitney Ranch Parkway between State Route 65 (SR 65) and University Avenue is predominantly a 2- and 4-lane roadway. As part of its Placer Parkway Phase 1 project, the Placer County Department of Public Works currently has construction drawings to expand this section of Whitney Ranch Parkway into a 6-lane configuration and install a traffic signal at the University Avenue/Whitney Ranch Parkway intersection.
Due to several commercial and residential projects anticipated to come on line in this area within the next 24 months, and understanding that these projects will likely be open for business or occupied by residents before Placer County is able to complete construction, City staff proposed taking the lead on the roadway widening and the traffic signal installation, but only within Rocklin city limits, thus avoiding the extensive coordination for work performed within the Caltrans right-of-way.
On April 23, 2024, the City Council approved a Design Review (DR2023-0001) via Resolution No. 2024-96 (Attachment 3). Exhibit C to the resolution required a negotiated, lump sum payment to the City in the amount of $322,885 from the private developer constructing the Whitney Ranch Retail commercial site to support offsite improvements on Whitney Ranch Parkway. These offsite improvements are required of the developer, but outside the scope of work of Placer County’s Placer Parkway Phase 1 project. To ensure all Whitney Ranch Parkway roadway improvements function seamlessly, the City’s project will incorporate the offsite improvements required of the developer.
On August 13, 2024, the City Council authorized staff to call for bids (Resolution No. 2024- 192), and adopted a mitigation monitoring and reporting program (Resolution No. 2024-193).
Item Number C14.
196
Construction Contract
The Whitney Ranch Parkway Widening Project invitation for bids was advertised on August 23, 2024, and again on August 30, 2024. On September 19, 2024, four (4) bids were received and publicly read aloud. The bid received from Carone and Company, Inc., in the amount of $2,046,860 was determined to contain a mathematical error during the bid tabulation. Per the Notice to Contractors, "when such a mathematical error appears on the Bid, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures." The contractor has been notified of their error.
Notwithstanding the error, the lowest responsive and responsible bid is from Carone and Company, Inc. in the amount of $2,077,525. The complete bid results are as follows:
Bidder
Bid Amount
Carone and Company, Inc.
$2,077,525
Central Valley Engineering and
Asphalt, Inc.
$2,114,469
Martin Brothers Construction
$2,259,537
Lund Construction Company
$2,410,300
The engineer’s estimate for the construction of this project is $2,750,000.
Having confirmed that the apparent low bid from Carone and Company, Inc. satisfied all the requirements outlined in the contract documents, staff recommends the City Council waive the bid discrepancy and award the contract to Carone and Company, Inc. Rocklin Municipal Code Section 3.04.050 authorizes a contingency amount of up to 15 percent of the contract amount.
Staff recommends a contingency amount of $311,625 (15.0%) for a total construction amount of $2,389,150.
Environmental Analysis:
The environmental analysis covering all City construction identified in the plans and specifications is set forth in the Environmental Analysis section of the August 13, 2024, staff report at which time the City Council approved a mitigation monitoring and reporting program based upon the Placer Parkway Phase 1 Improvements Initial Study/Mitigated Negative Declaration (No. SCH2015052032) as adopted by the Placer County Board of Supervisors, acting as the CEQA lead agency. The August 13, 2024 staff report may be accessed at:
Whitney Ranch Parkway Widening Project Staff Report
.
Fiscal Impact:
There is no additional fiscal impact. The Whitney Ranch Parkway Widening Project (Project No. 50081) is included in the Fiscal Year 2024/25 Capital Improvement Budget and is funded using a combination of regional impact fees from the South Placer Regional Transportation Authority (SPRTA) Funds (Fund 240), Developer Funds (Fund 240), and local Whitney Ranch Interchange Traffic Impact Fee Funds (Fund 325).
ATTACHMENTS:
1. Resolution - Carone and Company, Inc.
2. Resolution Exhibit A - Conformed Specifications
3. Resolution No. 2024-96 - Whitney Ranch Retail Design Review 197
Resolution No. 2024- October 22, 2024 Page 1 of 2
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
WAIVING A DISCREPANCY IN THE LOW BID AND AWARDING A CONSTRUCTION
CONTRACT FOR THE WHITNEY RANCH PARKWAY WIDENING PROJECT TO CARONE AND COMPANY, INC. AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Whitney Ranch Parkway Widening Project consists of providing a City-led interim condition of Whitney Ranch Parkway between Rocklin city limits and University Avenue preparatory to its ultimate alignment to be constructed as part of Placer County’s Placer Parkway Phase 1 Project between State Route 65 and Rocklin city limits; and
WHEREAS, on August 13, 2024, the City Council approved the plans and specifications and directed staff to call for bids; and WHEREAS, on August 23, 2024 and August 30, 2024, the City issued an invitation soliciting contractor bids for the project; and
WHEREAS, on September 19, 2024, all bids were opened and read aloud, and Carone and Company, Inc. with the bid amount of $2,077,525 was determined to be the lowest responsive and responsible bidder for the project; and WHEREAS, Carone and Company, Inc.’s bid contains a discrepancy in that the Total Project Bid amount is listed as $2,046,860, but the correct bid amount is $2,077,525; and
WHEREAS, the City is willing to waive such mathematical defect, as is contemplated and supported by applicable language set forth in the Instructions to Bidders, which states, “when such a mathematical error appears on the Bid, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.” Contractor Carone and Company, Inc. has been notified of the foregoing and that the City intends to recommend award based on the updated amount; and
WHEREAS, South Placer Regional Transportation Authority (SPRTA) Funds (Fund 240) in the amount of $3,100,000 and Whitney Ranch Interchange Traffic Impact Fee Funds (Fund 325) in the amount of $700,000 are included in the FY2024/25 budget as part of the 2025-2029 Capital Improvement Program (CIP) to support construction; and
198
Resolution No. 2024- October 22, 2024 Page 2 of 2
1 NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. Waives the bid discrepancy described in the Recitals, awards the construction contract for the Whitney Ranch Parkway Widening Project to Carone and Company, Inc. in the amount of $2,077,525, and authorizes an additional 15 percent construction contingency in the amount of $311,625 for a total authorized construction budget of $2,389,150.
Section 2. Authorizes the City Manager to execute an agreement with Carone and Company, Inc. in substantially the form attached hereto as Exhibit “A.” Section 3. The Recitals are true and correct and are incorporated herein by reference.
PASSED AND ADOPTED this 22nd of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
199
Conformed Set Approved by:
_______________________________
Andrew Shaw, Associate Civil Engineer
2 Oct 24
200
201
202
203
204
205
206
207
208
209
210
211
212
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1 Construction Agreement
ATTACHMENT H
CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of October 22, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and CARONE AND COMPANY, INC., a corporation (hereinafter called "Contractor").
The parties hereto mutually agree to the terms and condition set forth herein.
I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.
B. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.
C. The Contract Documents shall include the Notice to Contractors, Bid Documents, Addenda, Bid Form, Bid, Agreement, Plans, General Pr ovisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 19), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and al l supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.
D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.
II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.
III. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail.
IV. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work required for the Contract for the Project entitled:
Whitney Ranch Parkway Widening Project.
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V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work,
TWO MILLION SEVENTY-SEVEN THOUSAND FIVE HUNDRED TWENTY-FIVE DOLLARS ($2,077,525) as the stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions.
VI. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the General Provisions.
IIIII. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this contract, City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties.
IVIII. TIME OF COMPLETION
A. The entire Work shall be brought to completion in the manner and within the time period provided for in the Contract Documents, commencing on the date of issuance of the Notice to Proceed.
B. Failure to complete the Work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.
IX. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Provisions.
X. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agr eement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.
B. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have.
XI. DETERMINATION OF DAMAGES
A. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages.
B. Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Rocklin by reasons of the delay in the completion of the Project to serve the public at the earliest possible time. 231
3 Construction Agreement
C. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that it understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.
XII. LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five Thousand Two Hundred ($5,200) for each Calendar day, continuing to the time at which the Work is completed.
B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.
XIII. TERMINATION AFTER ALLOTTED WORKING OR CALENDAR DAYS A. In addition to any rights it may have, City may terminate this Contract or the Contractor’s right to proceed at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted.
B. Upon such termination Contractor any compensation shall be in accordance with Section
5.23 of the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.
XIV. CONTRACTOR BANKRUPT
A. If Contractor should commence any proceeding under the Bankruptcy Act, or if contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City Council may, without prejudice to any other right or remedy, terminate the Contract and com plete the work by giving notice to Contractor and his surety according to the provisions of Article 5 of the General Provisions.
B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the General Provisions.
XV. PERFORMANCE AND PAYMENT BONDS
A. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor.
1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.
2. The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.
B. Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
C. Bonds shall only be accepted from an “Admitted surety insurer”, which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit all of the follow ing with the bonds:
• The original, or a certified copy, of the unrevoked appointment, power of attorney, 232
4 Construction Agreement
bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
XVI. SUBSTITUTION OF SECURITIES OF MONEY WITHHELD
A. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract.
B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.
C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.
XVII. LABOR CODE COMPLIANCE
A. City affirmatively identifies this project as a “public work” as that term is defined by Labor Code section 1720, and the project is, therefore, subject to prevailing wages under Labor Code section 1771.
B. Contractor and its subcontractors shall fully comply wi th all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages , limitations on time worked, compliance with apprentice requirements, maintenance of payroll r ecords, posting of wages at job site and prohibitions against discrimination.
XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contracto r or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.
XX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement. /////SIGNATURE PAGE FOLLOWS/////
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5 Construction Agreement
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.
CONTRACTOR: (California Corporations: must be signed by company’s CEO, President, or Vice President
as well as the Secretary or CFO.)
Date
Tax I.D. Number
Signature
Signature
Print Name
Print Name
Title
Title
CITY OF ROCKLIN, A Municipal Corporation:
Aly Zimmermann, City Manager
APPROVED AS TO FORM:
Matthew McOmber, City Attorney
ATTEST:
Avinta Singh, City Clerk
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CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided for Contractor’s signature.
NOTARY TO ATTACH CURRENT ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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1 Performance Bond
ATTACHMENT I
PERFORMANCE BOND
(To be Submitted with Construction Agreement)
BOND NO.:_______________
PREMIUM:_______________
City of Rocklin
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF ROCKLIN (hereinafter referred to as “CITY”) has awarded to _________________, hereinafter designated as the “Principal” a contract for _____________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by Principal is mor e particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Principal and
_____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the CITY in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee, or longer guarantee if required in the Contract Documents, of all materials and workmanship; and shall indemnify and save harmless the CITY, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by CITY in enforcing such obligation.
The obligations of Surety hereunder shall continue so long as any obligation of Principal remains. Nothing herein shall limit the CITY’s rights or Principal’s or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
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2 Performance Bond
Whenever Principal shall be, and is declared by the CITY to be, in default under the Contract Documents, Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at Surety’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, Surety and the CITY, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.
(3) Permit the CITY to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.
If Surety does not proceed as provided in Paragraphs 1-3 with reasonable promptness, Surety shall be deemed to be in default on this Bond seven (7) days after receipt of additional written notice from the CITY to Surety demanding t hat the Surety perform its obligations under this Bond, and the CITY shall be entitled to enforce any remedy available to it.
Surety expressly agrees that the CITY may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by Principal. Surety shall not utilize Principal in completing the Project nor shall Surety accept a bid from Principal for completion of the Project if the CITY, when declaring Principal in default, notifies Suret y of the CITY’s objection to Principal’s further participation in the completion of the Project.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or t o the Project to be performed there under shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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3 Performance Bond
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.
Principal: ____________________________
By:_____________________________________
Surety:
Address:
Telephone:
Attorney in Fact:
(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact)
NOTICE:
A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.
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1 Payment Bond
ATTACHMENT J
PAYMENT BOND
(To be Submitted with Construction Agreement)
BOND NO.:_______________
PREMIUM:_______________
City of Rocklin
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF ROCKLIN (hereinafter referred to as “CITY”) has awarded to _________________, (hereinafter designated as “Principal”) an agreement for _____________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as the “Contract”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.
NOW, THEREFORE, we, the undersigned Principal and
_____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the CITY in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Section 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 239
2 Payment Bond
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Contract or to the work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.
Principal:______________________________
By:_____________________________________
Surety:
Address:
Telephone:
Attorney in Fact:
(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact)
NOTICE:
A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.
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1 Workers Comp Insurance Cert.
ATTACHMENT K
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
(To be Submitted with Construction Agreement)
TO THE CITY OF ROCKLIN:
The undersigned does hereby certify that he is aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Workmen’s compensation or to undertake self -insurance in accordance with the provisions of said Code, and that he will comply with such provisions before commencing the performance of work on this Contract.
Name of Contractor
By:_________________________
Title:________________________
Address:_____________________
Date:________________________
___________________________________________________________________________
PLEASE READ CAREFULLY BEFORE SIGNING
To be signed by authorized corporate officer or partner or individual. If the Contractor is:
(example)
1. An individual using a firm name, sign “John Doe, an individual doing business as “Blank Company.”
2. An individual doing business under his own name, sign: your name only.
3. A co-partnership, sign” “John Doe, and Richard Doe, co-partners doing business as Blank Company, by John Doe, Co-Partner.”
4. A corporation or limited liability company, sign: “Blank Company, by John Doe, Secretary.” (or other title)
5. A joint venture, sign: “Blank Joint Venture, by John Doe, Managing Principal.” 241
1 Escrow Agreement
ATTACHMENT L
ESCROW AGREEMENT FOR SECURITY DEPOSITS
IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between ______________________ __________________whose address is __________________________________________, hereinafter called Owner, ________________________________________ whose address is ________________________________________, hereinafter called Contractor, and _______ __________________________________ whose address is _________________________, _____________________________, hereinafter called Escrow Agent.
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for (in the amount of) ___________________________________________dated _______________________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ___________________________, and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorizatio n 242
2 Escrow Agreement
from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written noti ce to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, o f this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
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3 Escrow Agreement
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor:
Title Title
Name Name
Signature Signature
244
ATTACHMENT M
GUARANTEE FORM
{Print on Contractor/Subcontractor Letterhead
And Submit at Close-Out}
{Contractor's Name} hereby unconditionally guarantees that the Work performed at _________________________________ [insert Project] has been done in accordance with the requirements of the Contract therefor and further guarantees the Work of the Contract to be and remain free of defects in workmanship and materials for a period of one (1) year from and after City acceptance of the Work, in accordance with the General Provisions, unless a longer guarantee period is called for by the Contract Documents, in which case the terms of the longer guarantee shall govern. The Contractor hereby agrees to repair or replace any and all Work, together with any adjacent Work which may have been damaged or displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or materials within the guarantee period specified, without any expense whatsoever to the City , ordinary wear and tear and unusual abuse and neglect only excepted. The Contractor has provided contract bonds, which will remain in full force and effect during the guarantee period.
The Contractor further agrees that within ten (10) calendar days after being notified in writing by the City of any Work not in accordance with the requirements of the contract or any defects in the Work, it will commence and prosecute with due diligence all Work necessary to fulfill the terms of this guarantee, and to complete the Work within a period of time stipulated in writing.
In the event it fails to so comply, Contractor does hereby authorize the City to proceed to have such Work done at the Contractor’s expense and it will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys’ fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.
The guarantee period for corrected defective work shall continue for a duration equivalent to the original guarantee period.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the employees of the City , or its propert y or licensees, the City may undertake at the Contractor’s expense without prior notice, all Work necessary to correct such hazardous condition when it was caused by the Work of the Contractor not being in accordance with the requirements of this contract, or being defective, and to charge the same to the Contractor as specified in the preceding paragraph.
The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in any way limiting or reducing the City’s rights to enforc e all terms of the Contract referenced hereinabove or the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of, the City’s rights on such contract.
CONTRACTOR’S SIGNATURE
PRINT NAME_____________________________
245
1 General Provisions
CITY OF ROCKLIN
GENERAL PROVISIONS
TABLE OF CONTENTS
CHAPTER SUBJECT Page
TABLE OF CONTENTS ............................................................................................. 1 CHAPTER 1 TERMS AND DEFINITIONS ................................................................. 3 CHAPTER 2 BID REQUIREMENTS AND CONDITIONS ........................................ 12 CHAPTER 3 AWARD AND EXECUTION OF CONTRACT ..................................... 22 CHAPTER 4 SCOPE OF WORK ............................................................................. 33 CHAPTER 5 CONTROL OF WORK AND MATERIALS ........................................... 41 CHAPTER 6 LEGAL RELATIONS AND RESPONSIBILITIES ................................. 59 CHAPTER 7 PROSECUTION OF THE WORK........................................................ 85 CHAPTER 8 MEASUREMENT AND PAYMENT ................................................... 100 CHAPTER 9 CHANGES AND CLAIMS ................................................................. 111 CHAPTER 10 ENVIRONMENTAL CONTROLS AT WORK SITE .......................... 129 CHAPTER 11 PRECONSTRUCTION PHOTOGRAPHS AND RECORD
DRAWINGS ................................................................................... 137
.
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2 General Provisions
CHAPTER 1 – TERMS AND DEFINITIONS
TABLE OF CONTENTS
Section Page
1-1 GENERAL 3
1-2 ABBREVIATIONS ........................................................................................................... 3 1-3 DEFINITIONS ................................................................................................................. 4
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3 General Provisions
CHAPTER 1 TERMS AND DEFINITIONS
1-1 GENERAL
The Contract Documents are written to the Bidder before award and the Contractor after award. Before award, interpret sentences written in the imperative mode as starting with “The Bidder must” and interpret “you” as “the Bidder” and “your” as “”the Bidder’s.” After award, interpret sentences written in the imperative mode as starting with “The Contractor must” and “you as “the Contractor” and “your” as “the Contractor’s”.
Where a location is not specified with the words “shown,” “specified,” or “described”, interpret:
1. “Shown” as “shown on the plans.”
2. “Specified” as “specified in the Specifications.”
3. “Described” as “described in the Contract Documents.” “Described” means “shown, specified or both.”
Whenever the following terms, titles, or abbreviations are used in the Contract Documents, the intent and meaning shall be as herein defined. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he”, are utilized in the Contract Documents for the sake of brevity, and are intended to refer to persons of either gender.
1-2 ABBREVIATIONS
AASHTO American Association of State Highway and Transportation Officials AC Asphalt Concrete
ACI American Concrete Institute
ADA Americans with Disabilities Act
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
APA American Plywood Association
ARB California Air Resources Board
ASA American Standards Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
AWS American Welding Society
AWWA American Water Works Association
BMP Best Management Practice
California-
MUTCD California Manual of Uniform Traffic Control Devices Cal-OSHA California Occupational Safety and Health Administration Caltrans California Department of Transportation
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act of 1970
CL Centerline
CPM Critical Path Method
CSI Construction Specifications Institute
CWA Clean Water Act
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CY Cubic Yards
DI Drop Inlet
DIR California Department of Industrial Relations
DLSE Division of Labor Standards Enforcement
DWR Daily Work Report
EA Each
EP Edge of Pavement
ESCP Erosion and Sediment Control Plan
FS Federal Specifications
LF Linear Feet
LS Lump Sum
MSDS Material Safety Data Sheet
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
OSHA Occupational Safety and Health Act
OPRL DIR, Director’s Office of Policy, Research and Legislation PCC Portland Cement Concrete
PG&E Pacific Gas & Electric
PS Pump Station
QC Quality Control
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
SD Storm Drain or Storm Drainage
SF Square Foot/Feet
SS Sanitary Sewer
STA Station
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TCP Traffic Control Plan
Title 8 Title 8 (Construction Safety Orders) of the California Code of Regulations Title 19 Title 19 (Public Safety) of the California Code of Regulations Title 24 Title 24 (Building Standards) of the California Code of Regulations TOC Top of Curb
Typ. or TYP Typical
UL Underwriters' Laboratories, Inc.
UBC Uniform Building Code (latest edition)
UMC Uniform Mechanical Code (latest edition)
UPC Uniform Plumbing Code (latest edition)
USA Underground Service Alert
1-3 DEFINITIONS
Acceptance, Final Acceptance – Formal action of the City of Rocklin in determining that the Contractor's work has been completed in accordance with the Contract Documents and in notifying the Contractor in writing of the acceptability of the Work.
Acts of God – "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, tidal waves, flooding, tornadoes and hurricanes.
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Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the proposed Contract Documents.
Agreement – The written agreement signed by the City and the Contractor covering the Work and the furnishing of labor, materials, tools, equipment, supplies, transportation, supervision, resources, and everything necessary to complete the Work.
Allowance – An amount of money set aside under the Contract for a special purpose identified in the Contract.
Architect, Consulting Engineer and/or Construction Manager – A person or persons, firm, partnership, joint venture, corporation, or combination thereof or authorized representative thereof, acting in the capacity of consultant to the City. The Architect or Consulting Engineer or Construction Manager shall issue directions to the Contractor only through the City. When the Contract Documents require that approval be obtained from the Architect or Consulting Engineer or Construction Manager, such approval shall be requested from and be given by the City.
As Shown, Etc. – Where "as shown", "as latest indicated", "as detailed", or words of similar import are used, the reference is to the Contract unless specifically stated otherwise. Where "as directed", "as permitted", "approved", or words of similar import are used, they shall mean the written direction, permission, or approval of the City.
Bid – When submitted on the prescribed bid form, properly signed and guaranteed, the Bid constitutes the offer of the Bidder to complete the Work at the price shown on the Bidder’s bid form.
Bidder – Any person, persons, firm, partnership, joint venture, corporation, limited liability company or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.
Bid Documents – The sum of the documents that comprise the Bid by a Bidder to perform the Work.
Bid Form – The approved form, which includes a sum of required documents, upon which the City requires a formal Bid be prepared and submitted for the Work. See BID FORM.
Bid Guarantee – The cash, cashier’s check, certified check, or Bidder’s bond accompanying the Bid submitted by the Bidder as a guaranty that the Bidder will enter into a Contract with the City for the performance of the Work if the Contract is awarded to the Bidder.
Bid Item – Individual line items to be included in the Bid, as set forth on the Bid Form.
Bid Opening – The event conducted by the City during which the sealed Bids submitted by Bidders to perform the Work are opened and publicly read.
Calendar Day – Every day shown on the calendar. When the Contract Time is stated in Calendar Days, every day will be charged toward the Contract Time.
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Change Order – A Contract amendment approved by the City that includes, but is not limited to, alterations, deviations, additions to, or deletions from, the Contract which are required for the proper completion of the Work. A Change Order may or may not include adjustments to the Contract Time and/or to the Total Contract Price.
City – Shall mean the City of Rocklin, acting through its authorized representatives.
City Council – The City Council of the City of Rocklin, a political subdivision of the State of California. Also referred to as “Council”.
City of Rocklin Construction Standard Specifications – the City’s standard specifications for construction, located on the City’s website.
City of Rocklin Improvement Standards– the City’s standard requirement for improvement projects, located on the City’s website.
Completion – The point in the Project at which the Work is 100% performed.
Construction Change Directive (CCD) – A written order to the Contractor, issued after execution of the Contract, signed by the City or the Owner’s Representative directing a change in the Work and stating a proposed basis for adjustment, if any, in the Total Contract Price or Contract Time, or both, and which shall be used in the absence of total agreement with the Contractor on the terms of a Change Order or when time does not permit processing of a Change Order prior to implementation of the change.
Contract – The entire binding agreement and contract between the City and Contractor relating to the Project, including the Agreement, and all documents incorporated into the Agreement by reference, and all Contract Documents.
Contract Documents – The Notice to Contractors, Addenda, Bid Form, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.
Contract Commencement Date – The date established in the Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the executed Agreement for Construction or such other date as may be established therein.
Contract Completion Date – The date by which the Contract requires Completion.
Contract Schedule – The schedule produced by the Contractor in response to the requirements of the Contract Documents.
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Contract Time – The time stated in the Contract for completion of the Work. The Contract Time may be a single allotment of time, a group of times specific to portions of the Work, or a combination of the two.
Contractor – The person or persons, firm, partnership, joint venture, corporation, or combination thereof, private or municipal, who (that) has (have) entered into a Contract, as defined in the Contract Documents, with the City.
Day – Any reference to “day” or “days” without expressly stating whether they are “working days” or “calendar days” shall be construed to mean calendar days.
Director – The person appointed by the City Manager for the City of Rocklin for the department through which the Project will be procured.
Drawings – Also referred to as “Plans”. The Project Plans, Standard Drawings, drawings, profiles, typical cross sections, general cross sections, Working Drawings and supplemental drawings, plates or reproductions thereof, approved by the City, which show the locations, character, dimensions and details of the Work to be performed. Once approved, all such drawings are incorporated into and become a part of the Contract Documents whether or not reproduced in the Special Provisions.
In the above definition, the following terms are defined as follows:
A. Project Plans: The project plans and specific details and dimensions particular to the Work and as supplemented by the Standard Drawings insofar as the same may apply.
Engineer – The City Engineer of the City of Rocklin for which work will be done under these Contract Documents, acting personally or through agents or assistants duly authorized by the Engineer.
Estimated Quantities – The list of items of Work and the estimated quantities associated with the Work. The Estimated Quantities provide the basis for the Bid.
Field Directive – Written documentation of the actions of the City in directing the Contractor.
Also referred to as a “Directive.”
General Provisions – Specific clauses that are part of the Contract and are located in Chapters 1-11. They assist in the governing of the Contract and in the contract performance, setting forth conditions and requirements of the Contractor and the City.
General Requirements – The part of the Contract Documents establishing special conditions or requirements particular to the Work and general clauses that establish how the Project is to be administered and supplementary to the General Provisions and Special Provisions.
Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
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Inspector – The person or persons authorized to act as agent(s) for the City in the inspection of the Work.
Invitation for Bids – The written notice whereby interested parties are informed of the date, location, and time of the Bid Opening of a proposed City Project and the terms and conditions of submitting Bids to perform the Work. Also called Notice to Contractors.
Legal Holidays – Legal holidays shall include the following holidays designated by the City:
New Year's Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day.
Notice to Contractors – Same as Invitation for Bids.
Notice To Proceed – The written authorization by the City to the Contractor specifying the date the Work may begin and any conditions regarding the beginning of the Work.
Plans – See “Drawings.”
Progress Schedule – A schedule prepared and maintained by the Contractor indicating the current status of the Work and the projected activities, tasks and durations planned to complete the Work in accordance with the Contract Time of Completion dates.
Owner’s Representative – The City’s designated agent engaged to perform all functions delegated to the Owner’s Representative by the Contract Documents. The Owner’s Representative may or may not be the Project Manager or a construction manager. The Owner’s Representative will be the Contractor’s primary contact during construction of the Project.
Project – Shall mean the Work.
Project Manager – The City’s employee assigned to oversee the Project on a daily basis.
Proposed Change Order (PCO) – A document issued by the Contractor proposing a change to the Work and stating a proposed basis for adjustment, if any, in the Total Contract Price Contract Time, or both. A PCO shall be used by the Contractor to respond to a Request for Proposal. A PCO is not effective to authorize the proposed change to the Work, to the Total Contract Price or to the Contract Time unless it is accepted in writing by the City.
Record Drawings – Drawings prepared by the Contractor that document changes to, additions to, or deductions from the Plans, and which represent the Work as constructed, including, but not limited to, existing utilities found during construction of the Work.
Reference to Codes – Unless otherwise noted, all references to statutes are to the laws of the State of California and/or of the United States as codified in the various specified codes.
Request for Information (RFI) – A document issued by the Contractor seeking clarification and/or additional information regarding an aspect of the Work. An RFI is not to be used to request materials/equipment substitutions or value engineering/cost reduction incentive proposals. The response to the RFI does not constitute authorization or direction to proceed 253
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with any changed or additional work. Changed or additional work must be separately authorized by the City.
Request for Proposal (RFP) – A document issued by the Owner’s Representative requesting pricing information and/or a proposed adjustment in Contract Time for a described scope of work. An RFP is not a Change Order, a CCD or a direction to proceed with the scope of work described in the RFP. The Contractor’s response to the RFP shall be in the form of a Proposed Change Order.
Schedule of Submittals – A schedule prepared and maintained by the Contractor of required submittals and the time requirements to support scheduled performance of related construction activities.
Schedule of Values – A statement furnished by the Contractor to the City reflecting the portions of the Total Contract Price allotted for the various parts of the Work for each work activity contained on the Contract Schedule. Unless otherwise indicated in the Specifications, the total of the Schedule of Values shall equal the full cost of the Work, including all labor, material, equipment, overhead, and profit. For lump sum contracts, the Schedule of Values is the basis for reviewing the Contractor's application for progress payments.
Special Provisions – The Special Provisions are specific clauses setting forth conditions or requirements particular to the Work.
Specifications – The directions, provisions, and requirements contained herein. When the term “Specifications" or "these Specifications" is used, it means the provisions as set forth herein, together with any amendments or revisions that may be set forth in the Special Provisions. The Specifications are comprised of “General Provisions”, Special Provisions”, “General Requirements” and “Technical Specifications”.
Standard Drawings – The City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, which are incorporated into the Standard Construction Specifications, and made a part of the Plans by reference to one or more specific Standard Drawings.
State – The State of California.
State Specifications – Unless otherwise stated in the Special Provisions, the version of the Standard Specifications of the State of California, Department of Transportation, in effect at the time of Notice to Contractors.
State Plans – Unless otherwise stated in the Special Provisions, the version of the Standard Plans of the State of California, Department of Transportation, in effect at the time of Notice to Contractors.
Subcontractor – A properly licensed party under contract to and responsible to the Contractor for performing a specified part of the Work; or a properly licensed party under contract and responsible to a Subcontractor of the Contractor.
Substantial Completion – The stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents 254
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so City can occupy or utilize the Work for its intended use, and only minor corrective Work remains to be performed, all required approvals, certificates of occupancy and other sign-off from any other public agencies with jurisdiction have been obtained, (provided such approvals are not delayed as a result of causes unrelated to Contractor’s or its Subcontractors', sub- subcontractors', or suppliers' performance or failure to perform the Work or to satisfy its obligations under the Contract Documents) and Contractor has cleaned up and removed all equipment, tools and other materials from the Work area. Contractor shall secure and deliver to City written warranties and guaranties from its Subcontractors, sub-subcontractors and suppliers bearing the date of Substantial Completion or some other date as may be agreed to by City and stating the period of warranty as required by the Contract Documents.
Supplemental Drawing – Supplemental Drawings define the Plans or Specifications in greater detail by providing additional information that may have not been specifically or clearly shown or called out on the Plans or in the Specifications.
Technical Specifications – The provisions of the Specifications that describe the technical aspects of the Work, including all technical references contained therein.
Total Bid Price – The aggregate sum of the Bid, including all additive items.
Total Contract Price – The total price for the Work as bid by the Contractor, including any additions or subtractions made via Change Orders.
Work – All obligations and/or actions which the Contractor is contractually required to fulfill and/or perform as specified, indicated, shown, contemplated, or implied in the Contract, including but not limited to (1) all alterations, amendments, or extensions made by Change Order or other written directives or directives of the City; (2) furnishing of all materials, supplies, equipment, tools, labor, transportation, supervision, and all incidentals necessary to perform all tasks required by the Contract; (3) all tasks, duties and obligations required by the Contract; and (4) closing documents for the Project such as complete Record Drawings and submission of all manuals.
Working Day – Any day except: (a) Saturdays, Sundays, and City Legal Holidays; (b) days on which the Contractor is specifically required by the Special Provisions or by law to suspend construction operations; or (c) days on which the Contractor is prevented from proceeding with the current controlling operation or operations of the Work for at least five (5) hours per day due to inclement weather, or conditions resulting immediately therefrom.
Working Drawing – Working Drawings detail a particular item of work and the manner in which it is to be accomplished or performed. Working Drawings are prepared by the Contractor as a submittal or a portion of a submittal and may be specifically requested by the City or required in the Contract or a Field Directive or other written directive.
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CHAPTER 2 - BID REQUIREMENTS AND CONDITIONS
TABLE OF CONTENTS
Section Page
2-1 BID FORM .................................................................................................................... 12 2-2 PREPARATION AND SUBMISSION OF BIDS ............................................................. 13 2-3 EXAMINATIONS OF PLANS, SPECIFICATIONS, AND SITE OF WORK ..................... 14 2-4 SUBSURFACE CONDITIONS ...................................................................................... 14 2-5 CONTRACTORS/SUBCONTRACTORS REQUIRED TO BE LICENSED ..................... 14 2-6 COMPETENCY OF BIDDERS ...................................................................................... 15 2-7 JOINT VENTURE BIDS ................................................................................................ 15 2-8 SUBCONTRACTORS ................................................................................................... 15 2-9 ADDENDA .................................................................................................................... 17 2-10 ASSIGNMENT OF ANTITRUST ACTIONS................................................................. 17 2-11 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT OR SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ................ 17 2-12 BID GUARANTEE ...................................................................................................... 18 2-13 WITHDRAWAL OF BID .............................................................................................. 18 2-14 PUBLIC OPENING OF BIDS ...................................................................................... 19 2-15 REJECTION OF BIDS ................................................................................................ 19 2-16 DISQUALIFICATION OF BIDDERS. ........................................................................... 19 2-17 RELIEF OF BIDDERS ................................................................................................ 19 2-18 BID PROTESTS ......................................................................................................... 19
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CHAPTER 2 BID REQUIREMENTS AND CONDITIONS
2-1 BID FORM
The City will furnish to each prospective Bidder a Bid Form as part of the Contract Documents which, when properly completed and executed, must be submitted as the Bidder's Bid for the Work. All Bids must be submitted on the City-furnished Bid Form to be valid and accepted.
Bids that are not submitted on the City-furnished Bid Form will be rejected. The completed Bid Form shall be in English and legible, and shall be properly signed in longhand by the Bidder, if an individual, by a member of a partnership, by an officer of a corporation authorized to sign contracts on behalf of the corporation, or by an agent of the Bidder. If submitted by a corporation or limited liability company, the Bid shall show the name of the state under the laws of which the corporation or limited liability company is chartered or organized.
The Bid shall be made on the Bid Form in clearly legible figures as follows:
2-1.01 Unit Price Bid
Where the Bid for an item of Work is to be submitted on a unit price basis, the Bidder shall bid a unit price as total compensation for completion of one unit of the work described under that item. This price shall be multiplied by the Estimated Quantity included in the Bid Form to derive a total bid price for that item. The total amount bid for a unit price contract shall be entered on the space provided on the Bid Form as a grand total of all individual items. The Estimated Quantities included on the Bid Form are approximate and are only included in the Bid Form as a basis for comparison of Bids. The City does not, expressly or by implication, represent or agree that the actual amount of work will equal the approximate Estimated Quantities. Payment will be made for the actual quantity of Work performed in accordance with the Contract. The City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable in the sole discretion of the City. For compensation for alterations in quantities of work, including deviations greater than twenty-five percent (25%), see Section 9- 8.02, “Payment for Changes – Unit Prices”, of these Specifications.
2-1.02 Lump Sum Bid
Where the Bid for an item of Work is to be submitted on a "Lump Sum" or "Job" basis, a single lump-sum price shall be submitted in the appropriate place on the Bid Form. Items bid on a lump-sum basis shall result in a complete structure, operating plant, or system, in satisfactory working condition with respect to the functional purposes of the installation, as described in the Contract, and no extra compensation will be paid for anything omitted but fairly implied.
2-1.03 Allowances
Where specific allowance items have been entered on the bid form by the City, the total amount entered on the bid form shall be included in the Total Bid Price. However, the total amount to be paid for the Work included in the Allowance shall be the amount of the Allowance actually utilized in the course of completing the Work.
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2-2 PREPARATION AND SUBMISSION OF BIDS
The Project is a public works project within the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Each Bidder and listed Subcontractor is required to be registered pursuant to Labor Code section 1725.5 at the time of bidding. Failure of the Bidder to be registered at the time of bidding shall render the Bid non-responsive and ineligible for award.
An unregistered Subcontractor will not be permitted to work on the Project and Contractor may be required to substitute, at its cost and with no adjustment in the Total Contract Price, an unregistered Subcontractor with a registered Subcontractor.
By submission of a Bid, the Bidder acknowledges acceptance of the nature and location of the Work, the general and local conditions, conditions of the site, the character, quality and scope of work to be performed, the availability of labor, electric power, water, the kind of surface and subsurface materials on the site, the materials and equipment to be furnished, and all requirements of the Contract or other matters which may affect the Work or the cost. Any failure of a Bidder to become acquainted with all of the available information concerning conditions will not relieve the Bidder from the responsibility for estimating properly the difficulties or cost of the Work.
The Bidder declares by the submission of a Bid that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or a sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any Bidder or anyone else to put in a sham Bid or to refrain from bidding; that the Bidder has not directly or indirectly sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or the Bid price of any other Bidder, or to fix any overhead, profit, or cost element of such Bid price or of that of any other Bidder, or to secure any advantage against the City, anyone interested in the Bid as principal, or those named within the Bid; that all statements contained in the Bid are true; that the Bidder has not directly or indirectly submitted a Bid price or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, to any other corporation, partnership, company, association, organization, bid depository, or to any member or agent therefore, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such a purpose.
Any person executing the above declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity hereby represents that he has full power to execute the declaration on behalf of the Bidder.
Bid prices shall include everything necessary for the completion of the Work and fulfillment of the Contract, except as may be provided otherwise in the Contract Documents. Bid prices shall include all Federal, State, and local taxes, and all other fees and costs not expressly paid for by the City as stated in the Special Provisions.
The Bid shall be submitted in a sealed envelope as directed in the Notice to Contractors.
The Bidder shall plainly mark the exterior of the envelope in which the Bid is submitted to indicate that it contains a Bid for the project for which the Bid is submitted, and the date of the Bid opening therefore.
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Bids submitted in envelopes that are not properly marked will be rejected.
2-3 EXAMINATIONS OF PLANS, SPECIFICATIONS, AND SITE OF WORK
The Bidder shall examine carefully the site of the proposed Work and the Plans, Specifications and Contract Documents, and shall be satisfied as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered. The submission of a Bid shall be conclusive evidence that the Bidder is satisfied through the Bidder’s own investigation as to the conditions to be encountered; the character, quality, quantity and scope of work to be performed; and the materials and equipment to be furnished.
If material discrepancies or apparent material errors are found in the Plans and Specifications prior to the date of bid opening, an Addendum may be issued (see Section 2-9, “Addenda”, below). Otherwise, in figuring the Work, Bidders shall consider that any discrepancies or conflict between Plans and Specifications will be governed by Section 4-1, “Intent of Contract Documents”.
2-4 SUBSURFACE CONDITIONS
Where investigations of subsurface conditions have been made by the City with respect to subsurface conditions, utilities, foundation, or other structural designs, and that information is shown in the Plans, it represents only a statement by the City as to the character of materials which have actually been encountered by the City’s investigation. This information is only included for the convenience of Bidders.
Investigations of subsurface conditions are made for the purpose of design only. The City assumes no responsibility with respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations or of the interpretation thereof. There is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unanticipated conditions may not occur. When a log of test borings is included in the Plans, it is expressly understood and agreed that said log of test borings does not constitute a part of the Contract. The log of test borings represents only an opinion of the City as to the character of the materials to be encountered, and is included in the Plans only for the convenience of the Bidders. Making information available to Bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this Section, and Bidders must satisfy themselves through their own investigations as to conditions to be encountered.
2-5 CONTRACTORS/SUBCONTRACTORS REQUIRED TO BE LICENSED AND
REGISTERED
The Bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code to do the type of work contemplated in the Project, and shall be skilled and regularly engaged in the general class or type of work called for under the Contract. The specific type of license required will be indicated in the “Notice to Contractors”. Unless specified otherwise in the Special Provisions, the Bidder shall indicate the license number and class in the space provided for that purpose on the bid form.
All Subcontractors engaged to perform portions of the Work shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code to do the type of 259
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work for which they are subcontracted, and shall be skilled and regularly engaged in the genera l class or type of work called for under their subcontracts. Additionally, Subcontractors listed in the Bid shall be licensed at the time the Bid is submitted to do the type of work for which they are subcontracted.
Attention is also directed to the provisions of Public Contract Code Section 20103.5, which addresses Contractor licensing requirements. The City may not award the Contract if it cannot be verified that the low Bidder is an appropriately licensed Contractor at the time of Contract award.
The Contractor, and all Subcontractors, shall be registered pursuant to Labor Code section 1725.5 prior to engaging in the performance of any public work contract that is subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code, and shall maintain current registration throughout the term of this Contract.
2-6 COMPETENCY OF BIDDERS
It is the intention of the City to award a Contract only to a Bidder who furnishes satisfactory evidence that the Bidder has the requisite experience and ability, and has sufficient capital, facilities, and plant to enable the Contractor to prosecute the Work successfully and promptly, and to complete the Work within the time stated in the Contract.
If required by the Bid Form, a statement of experience and business standing for the Bidder and any or all Subcontractors designated in the Bid shall be provided to the City at Bid time.
To determine the experience of a Bidder, the City may consider any relevant evidence that the Bidder, and/or its key personnel assigned to the Project for the duration of the Project, and/or the Subcontractor(s) has or has not satisfactorily performed on other contracts of similar nature, value, magnitude and/or difficulty.
2-7 JOINT VENTURE BIDS
If two or more prospective Bidders desire to bid jointly as a joint venture on a single project, the joint venture Bid must be accompanied by either a notarized copy of a valid license issued to the joint venture by the Contractor’s State License Board or the license number and class of a valid licensed issued by the Contractor’s State License Board to each member of the joint venture.
Attention is also directed to the provisions of Business and Professions Code Sections 7028.15 and 7029.1 and Public Contract Code Section 20103.5, which address Contractor licensing requirements for joint ventures. Unless it has done so with its Bid, the joint venture must provide to the City, prior to award of the Contract, a notarized copy of a valid license issued to the joint venture. The City may not award the Contract if it cannot be verified that the joint venture is appropriately licensed at the time of Contract award.
2-8 SUBCONTRACTORS
In accordance with the Subletting and Subcontracting Fair Practices Act, of the Public Contract Code, Section 4100 et seq., each Bidder shall list in the bid form:
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• The name, California contractor license number, and the location of the place of business of each Subcontractor whom the Bidder proposes to perform work or labor or render service to the prime Contractor in or about the construction of the Work, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, is proposed by the Bidder to specially fabricate and install a portion of the Work according to detailed drawings contained in the Contract, in an amount in excess of one-half of one percent (0.5%) of the Total Bid or, in the case of a Bid for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid or ten thousand dollars ($10,000), whichever is greater. In the case of a Bid including additive Alternates, the bid amount for determining whether a Subcontractor is required to be listed shall be the base bid amount, and the Bidder shall list all Subcontractors subject to this requirement even if the Subcontractor only meets the threshold amount based on work included in one or more Alternates.
• The portion of the Work [type of work] that will be done by each Subcontractor. The Bidder shall list only one Subcontractor for each portion as is defined by the Bidder in the Bid.
• DIR Registration number or other proof of registration.
If a Bidder fails to specify a Subcontractor for any portion of the Work to be performed under the Contract (or specifies more than one Subcontractor for the same work), the Bidder agrees that the Bidder is fully qualified and shall perform that portion of the Work.
Within 24 hours following the bid opening date and time, a Bidder may further define its description of the “portion” of work to be performed by a listed Subcontractor, including for example by specifying Bid Items to be performed by a listed Subcontractor, but the Bidder shall not vary the portion of work to be provided to the listed Subcontractor. Bidders who list a Subcontractor for less than all of a type of work as described in the Subcontractor listing in the Bid must provide an additional, unique description of the work to be performed by the listed Subcontractor within 24 hours following the Bid Opening date and time or the Subcontractor will be deemed to have been listed to perform all work falling within the description of work.
No Subcontractor listed in the Bid as furnishing and installing carpeting shall sublet any portion of the labor to be performed unless the Subcontractor specified its Subcontractor in its bid to the Bidder.
If after the award of the Contract, the Contractor subcontracts any portion of the Work, except as provided in Section 4107 or 4109 of the Act, the Contractor shall be subject to the penalties specified in Section 4111 of the Act.
Pursuant to Public Contract Code Section 6109, a Contractor may not perform work with a Subcontractor who is ineligible to perform work on public works projects pursuant to Labor Code Section 1777.1.
The Contractor shall include provisions in every subcontract and/or purchase order that the Contract between the Contractor and the City is part of the subcontract or purchase order, and that all terms and provisions of the Contract are incorporated in the subcontract or purchase 261
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order. Copies of all subcontracts and purchase orders shall be available to the City upon written request.
2-9 ADDENDA
The correction of any material discrepancies in, or material additions to/omissions from, the Plans, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an Addendum issued by the City. A copy of each Addendum issued by the City will be posted on the City’s website and notice will be provided to each plan holder listed on the City plan holder list and is a part of the Contract. Any interpretation or explanation not included in the addenda will not be considered binding.
2-10 ASSIGNMENT OF ANTITRUST ACTIONS
The Bidder is required to comply with Public Contract Code Section 7103.5(b), which addresses assignment of antitrust actions.
2-11 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT OR SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
As stipulated in the Certification Regarding Debarment, Suspension, Proposed Debarment or Suspension to be submitted a Bid time, the Bidder certifies, to the best of its knowledge and belief, except as expressly disclosed the referenced Certificate, that:
1. The Bidder and/or any of its Principals:
a. Are not presently debarred, suspended, proposed for debarment or suspension, or declared ineligible for award of the contract by any Federal, State, or local agency.
b. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property.
c. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of the offenses enumerated in Item 1b. above.
d. The Bidder has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, State, or local agency.
2. "Principals,” for the purposes of this certification, means: officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; 262
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head of a subsidiary, division, or business segment, and similar positions).
3. The Bidder shall provide immediate written notice to the City if, at any time prior to contract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. A certification that any of the items in Paragraph 2-11-1 of this provision exists will not necessarily result in withholding of an award. However, the certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by the City may render the Bidder non- responsible or nonresponsive.
5. A Bidder must disclose those exceptions within the scope of the certification which are known to it, or which could be determined from a reasonable inquiry.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the required certification.
The knowledge and information of a Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
6. The above-described certification is a material representation of fact upon which reliance will be placed when making the award, if and when made. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default.
If the Bidder has any exceptions to the certification set forth above, the exception and an explanation of the circumstances must be attached to the Bid.
2-12 BID GUARANTEE
The Bid shall be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier’s check, or a bidder’s bond issued in favor of the City and provided by a surety company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570. The Bid Guarantee shall be not less than ten percent (10%) of the Total Bid Price. No Bid will be considered unless accompanied by a Bid Guarantee. The City is authorized to forfeit such Bid Guarantee as necessary to reimburse for costs incurred for failure of the successful Bidder to enter into a contract. The amount of the Bid Guarantee shall not be deemed to constitute a penalty or liquidated damages. The City is not precluded by a Bid Guarantee from recovering from the defaulting Bidder damages in excess of the amount of said Bid Guarantee incurred as a result of the failure of the successful Bidder to enter into a contract with the City for the Work.
2-13 WITHDRAWAL OF BID
A Bid may be withdrawn at any time prior to the hour fixed in the Notice to Contractors for the submission of Bids by a written request of the Bidder filed with the City at the location where the Bid was submitted. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid within the time prescribed.
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2-14 PUBLIC OPENING OF BIDS
Bids will be opened and read publicly at the time and place indicated in the Notice to Contractors or in a subsequent Addendum. Bidders or their authorized representatives and other interested parties are invited to be present.
2-15 REJECTION OF BIDS
The City reserves the right to reject any or all Bids. The City reserves the right to waive irregularities in a Bid and to make an award in the best interest of the City. Bids containing omissions, erasures, alterations, conditions, or additions not called for may be rejected.
2-16 DISQUALIFICATION OF BIDDERS.
More than one Bid from any individual, firm, partnership, corporation, limited liability company association, or joint venture under the same or different names, will not be considered.
Reasonable ground for believing that any Bidder is interested in more than one Bid for the Work will cause rejection of all Bids in which such Bidder is interested. This prohibition shall not prevent any proposed Subcontractor from being listed in more than one Bid. This prohibition shall not prevent Bids by Bidders with partial ownership in common unless the two Bidders have identified the same individual as their responsible managing employee, member, manager or officer. If there is reason to believe that collusion exists among Bidders, none of the participants of such collusion will be considered.
Any Bid in which the prices obviously are unbalanced may be rejected.
2-17 RELIEF OF BIDDERS
Attention is directed to Public Contract Code Sections 5100 through 5107, concerning relief of Bidders and in particular to the requirement therein that if the Bidder claims a material mistake was made in its Bid, the Bidder shall give the City written notice within five (5) days after the opening of the Bids (excluding Saturdays, Sundays, or Legal Holidays) of the alleged mistake, explaining in the notice in detail how the mistake occurred.
2-18 BID PROTESTS
If the Bidder believes that any provision in the solicitation for Bids is vague, ambiguous, conflicting or contrary to law, then the Bidder shall promptly bring its concern to the City by written notice specifying the provision(s) in question and the factual and legal bases for concern. Failure of the Bidder to raise any concern relating to a solicitation requirement within at least two (2) working days prior to the Bid due date will be deemed a waiver of the Bidder’s right to protest based on alleged vague, ambiguous, conflicting or unlawful requirements in the solicitation.
As set forth in the “Resolution of Disputes Regarding the Bidding Process,” any Bidder may file a protest against the award of the Contract to any other Bidder. In submitting a bid to the City, the Bidder agrees to comply with and to be bound by that procedure, as summarized below.
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No later than five (5) calendar days after Bids are opened, the Bidder must submit in writing to the City an explanation of all legal and factual grounds for any protest. These requirements are to be strictly construed. Untimely protests and/or grounds not set forth in the protest will not be considered. Failure to timely protest or otherwise comply with the protest requirements will constitute a waiver of the right to challenge and forever bar the Bidder from challenging, whether before the City or any administrative or judicial tribunal, any particular Bid(s), the bidding process, or the Contract award on any ground not set forth in the protest. Upon receipt of a protest, the City will provide a copy to any Bidder whose Bid is challenged in the protest.
If a timely written protest is provided to the City at least two (2) business days before any City Council meeting at which the award of the Contract will be considered, then the City shall make reasonable efforts to provide the protesting Bidder with a written response to the protest prior to the City Council meeting. A copy of any City response will be provided to any other Bidder responding to the protest.
Notice of the date and time of the City Council meeting at which the award of the Contract for the Project shall be considered will be posted on the City’s website.
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CHAPTER 3 - AWARD AND EXECUTION OF CONTRACT
TABLE OF CONTENTS
Section Page
3-1 AWARD OF CONTRACT.............................................................................................. 22 3-2 TIME OF AWARD ......................................................................................................... 22 3-3 CONSIDERATION OF BIDS ......................................................................................... 22 3-4 PERFORMANCE AND PAYMENT BONDS .................................................................. 23 3-4.01 Performance Bond ....................................................................................... 23 3-4.02 Payment Bond ............................................................................................. 23 3-5 NOTIFICATION OF SURETY COMPANIES ................................................................. 23 3-6 RETURN OF BID GUARANTEES ................................................................................ 24 3-7 EXECUTION OF CONTRACT ...................................................................................... 24 3-8 FAILURE TO EXECUTE CONTRACT .......................................................................... 24 3-9 INSURANCE ................................................................................................................ 25 3-9.01 General Liability ........................................................................................... 25 3-9.02 Automobile Liability ...................................................................................... 26 3-9.03 Workers' Compensation ............................................................................... 26 3-9.04 Excess or Umbrella Liability .......................................................................... 26 3-9.04.A Contractor’s Equipment ............................................................................. 26 3-9.04.B Railroad Protective Liability ........................................................................ 26 3-9.04.C Builder’s Risk Insurance ............................................................................ 27 3-9.04.D Environmental Liability Insurance ............................................................... 28 3-9.04.E Other Provisions ....................................................................................... 28 3-9.05 Notification of Accident or Occurrence ........................................................... 30 3-9.05 Notification of Claim ................................................................................................. 31
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CHAPTER 3 AWARD AND EXECUTION OF CONTRACT
3-1 AWARD OF CONTRACT
The award of the Contract, if the Contract is to be awarded, will be to the lowest responsive, responsible Bidder. In addition to price in determining the lowest responsive, responsible Bidder, consideration will be given to:
• The ability, capacity and skill of the Bidder to perform the Work; • The ability of the Bidder to perform the Work within the time specified, without delay; • The ability of the Bidder to perform the Work in a safe manner; • The character, integrity, reputation, judgment, experience and efficiency of the Bidder; and, • The quality of the Bidder's performance on previous work with the City.
Unless otherwise specified in the Special Provisions, if an alternate or alternates are identified by the City to the bidders, award will be based on any combination of Base Bid and Alternates as determined by the City. This process is conducted by the City in a “blind selection” format, i.e., without knowledge of the identity of any of the Bidders before ranking of all Bidders from lowest to highest has been determined. Bidders are to submit their Bid in two sealed envelopes, both containing all identifying information for the Project, and both of which are then to be included in a third sealed envelope containing all identifying information for the Project, but without any identifying information regarding the Bidder. The first envelope shall be marked “Envelope 1” and shall contain only an unsigned copy of the bidder’s bid form, without any identifying information for the bidder and without any other required bid submissions. The second envelope shall be marked “Envelope 2” and shall contain a complete copy of all required bid documents, including a signed copy of the bid form. Any discrepancies in the pricing information in the two sealed envelopes may render the bid nonresponsive. Alternates may be selected for award by the Council at its discretion. All awards will be made in the City’s best interest.
3-2 TIME OF AWARD
The award, if made, will be made within sixty (60) days after the Bid Opening, unless otherwise specified. The period for contract award shall be tolled while any protest of an intended award is pending. The specified period of time within which the award of the Contract may be made may be extended as agreed upon in writing by the City and the Bidder before the last day specified in the solicitation for award.
If the lowest responsive, responsible Bidder refuses or fails to execute the Contract, or to provide required bonds and/or insurance certificates, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Contract or to provide required bonds and/or insurance, the City may award the Contract to the third lowest responsive, responsible Bidder.
3-3 CONSIDERATION OF BIDS
After the Bids have been opened and read, they will be checked for accuracy and compliance with the Specifications. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and 267
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the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule or the sum of two or more bidding schedules does not equal the total amounts quoted, the individual item or schedule amounts shall govern and the correct total shall be deemed to be the amount bid. If the Bid is missing the unit price, then it may be deemed incomplete and the Bid may be rejected.
After the City has made any necessary corrections in mathematical errors appearing on the face of the Bid, all Bids will be compared based on the bid form.
3-4 PERFORMANCE AND PAYMENT BONDS
As part of the execution of the Contract, the successful Bidder shall furnish the following corporate surety bonds to the benefit of the City. The format of the Performance Bond and Payment Bond forms shall be those contained in the Invitation for Bids. Bonds shall be executed by a surety company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570. The successful Bidder must submit with the bonds the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
When the amount to be paid to the Contractor is based upon units of work to be performed or items to be provided, the term “Total Contract Price” as used below for the purpose of posting Performance and Payment Bonds shall be computed on the basis of the unit price bid multiplied by the Estimated Quantities of work to be performed.
3-4.01 Performance Bond
The Performance Bond, to guarantee the performance of all covenants and stipulations of the Contract, shall be on the form provided by the City and shall be in a sum not less than one hundred percent (100%) of the original Total Contract Price as set forth in the Contract.
3-4.02 Payment Bond
The Payment Bond, to guarantee the payment of wages and of bills contracted for materials, supplies, or equipment used in the performance of the Contract, shall be on the form provided by the City and shall be in a sum not less than one hundred percent (100%) of the original Total Contract Price as set forth in the Contract.
3-5 NOTIFICATION OF SURETY COMPANIES
The surety company shall be familiar with all the provisions and conditions of the Contract. It is understood and agreed that the surety company waives notice of change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same, or any other act or acts by the City or the City’s authorized agents under the terms of the Contract; and failure to so notify the surety company of changes shall in no way relieve the surety company of its obligations under the Contract.
Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
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3-6 RETURN OF BID GUARANTEES
After Bids have been received and reviewed by the City, Bid Guarantees will be returned to the respective Bidders except those submitted by the three lowest responsive, responsible Bidders.
Bid Guarantees for Bids not to be further considered in executing the Contract will be returned within ten (10) days after the award of the Contract. The Bid Guarantees of the three lowest responsive, responsible Bidders will be returned within ten (10) days after the successful Bidder has filed satisfactory bonds and proof of insurance as specified and the Bidder and the City have executed the Contract.
If all Bids are rejected and no award is made, all Bid Guarantees will be returned within ten (10) days of the decision of the Council to not award the Contract.
3-7 EXECUTION OF CONTRACT
The Contract shall be executed by the successful Bidder and returned to the City, together with the Performance Bond, Payment Bond, certificates of insurance and insurance
endorsements, and any other documents required at the time of Contract execution by the Special Provisions within ten (10) days of the Bidder’s receipt of the documents. Insurance certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf and shall be accompanied by copies of all endorsements required by Section 3-9 below.
When requested by the City, the successful bidder shall furnish complete, certified copies of all required insurance policies, including endorsements specifically required by Section 3-9. After execution by the City, one copy of the Contract, bonds, and certificates of insurance will be returned to the Contractor.
3-8 FAILURE TO EXECUTE CONTRACT
If the Bidder to whom the Contract is awarded fails to execute the Contract and file acceptable bonds and insurance certificates as provided herein within ten (10) days from the time the Contract forms are received by the Bidder, the award may be annulled and the Bidder’s Bid Guarantee forfeited to the City. At the City’s discretion, the Contract may then be awarded to the next lowest responsive, responsible Bidder.
If the City awards the Contract to the second lowest responsive, responsible Bidder, the amount of the lowest responsive, responsible Bidder's Bid Guarantee shall be applied by the City to the difference between the lowest Bid and the Bid of the second lowest responsive, responsible Bidder, and the surplus, if any, will be returned to the lowest responsive, responsible Bidder if a check or cash is used, or credited to the surety on the Bidder's Bond if a bond is used.
On refusal or failure of the second lowest responsive, responsible Bidder to execute the Contract, the City may award it to the third lowest responsive, responsible Bidder. If the City awards the Contract to the third lowest responsive, responsible Bidder, in addition to application of the lowest Bidder’s Bid Guarantee as aforesaid, the amount of the second lowest responsive, responsible Bidder’s Bid Guarantee shall be applied by the City to the difference between the Bid of the second lowest responsive, responsible Bidder and the Bid of 269
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the third lowest responsive, responsible Bidder, and the surplus, if any, shall be returned to the second lowest responsive, responsible Bidder if a check or cash is used, or credited to the surety on the second lowest Bidder’s Bid Bond if a bond is used.
Additionally, any forfeited Bid Guarantee shall be applied as necessary to reimburse for the costs incurred for failure of the successful Bidder(s) to enter into a contract. The surplus, if any, will be returned to the defaulting Bidder(s), if a check or cash is used, or credited to the surety on the Bidder’s Bond, if a bond is used.
The amount of the Bid Guarantee shall not be deemed to constitute a penalty or liquidated damages. The liability of the Surety shall not exceed the limits of the bid bond amount.
3-9 INSURANCE
The Contractor shall procure, maintain, and keep in force at all times during the term of the Contract in insurance companies acceptable to the City, at the Contractor’s sole expense, the following insurance:
3-9.01 General Liability
General Liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability, contractual liability applicable to the Contractor’s assumed liability under the Contract, and products and completed operations liability. Coverage shall be at least as broad as “Insurance Services Office Commercial General Liability Coverage Form CG 0001” (occurrence). The limits of liability shall be not less than:
Each Occurrence Two Million Dollars ($2,000,000) combined single limits for Bodily Injury and Property Damage
Personal and Advertising Injury One Million Dollars ($1,000,000)
Products and Completed
Operations Aggregate One Million Dollars ($1,000,000) combined single Limits for Bodily Injury and Property Damage
General Aggregate Four Million Dollars ($4,000,000) combined single limits for Bodily Injury and Property Damage
Fire Damage One Hundred Thousand Dollars ($100,000)
The policy shall provide coverage for claims arising out of subsidence.
The Contractor shall procure and maintain Products and Completed Operations Coverage with a carrier acceptable to the City through the expiration of the patent deficiency in the statute of repose set forth in the Code of Civil Procedure section 337.1.
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3-9.02 Automobile Liability
Automobile Liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. Coverage shall be at least as broad as “Insurance Services Office Business Auto Coverage Form CA 0001,” symbol 1 (any auto). The limits of liability shall not be less than:
Bodily Injury and Property Damage
Combined Single Limit One Million Dollars ($1,000,000)
3-9.03 Workers' Compensation
Workers' Compensation insurance, with coverage as required by the State of California (unless the Contractor is a qualified self-insurer with the State of California), and Employers’ Liability coverage. The limits of Employers’ Liability shall not be less than:
Each Accident One Million Dollars ($1,000,000)
Disease Each Employee One Million Dollars ($1,000,000) Disease Policy Limit One Million Dollars ($1,000,000)
The Workers’ Compensation policy required hereunder shall be endorsed to state that the Workers’ Compensation carrier waives its right of subrogation against the City, its officers, officials, employees, agents or volunteers.
In the event the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure by the Department of Industrial Relations Administration of Self- Insurance, Sacramento. Contractor shall provide evidence of waiver of its right of subrogation against the City, its offices, officials, employees, agents or volunteers as a self-insurer.
3-9.04 Excess or Umbrella Liability
If the Special Provisions require limits of insurance greater than those specified in the General Provisions, the Contractor shall maintain excess or umbrella liability insurance providing excess coverage at least as broad as the underlying coverage for General Liability, Automobile and Employer’s Liability with a limit equal to the amount stated in the Special Provisions per occurrence and aggregate.
3-9.04.A Contractor’s Equipment
The Contractor, and each of its Subcontractors, shall separately insure its own equipment for loss and damage. The Contractor’s Property and Inland Marine policies shall include, or be endorsed to include, a waiver of subrogation against the City, its officers, officials, employees, agents, and volunteers which might arise by reason of damage to the Contractor’s property or equipment (owned, leased or borrowed) in connection with work performed under this Contract by the Contractor.
3-9.04.B Railroad Protective Liability
When stated as a requirement in the Special Provisions, the Contractor shall procure, 271
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maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, Railroad Protective Liability insurance with limits of liability as set forth in the Special Provisions.
3-9.04.C Builder’s Risk Insurance
When stated as a requirement in the Special Provisions, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract and until the date of transfer of the insurable interest to and acceptance by the City, at the Contractor’s sole expense, Builder's Risk insurance with limits of liability equal to one hundred percent (100%) of the full replacement cost of the Work.
1. Coverage shall be written on a Replacement Cost basis without application of coinsurance and shall cover the Project sites against losses included in perils usually included in a “Special Form” policy format in addition the policy shall include:
a. Earthquake and Land Movement and Flood.
b. Loss that ensues from design error, defective materials, or faulty workmanship.
c. Mechanical breakdown or electrical damage, including testing, magnetic disturbance and changes in temperature or humidity disturbance, and changes in temperature or humidity.
The property covered shall include the Work, including any materials, equipment, or other items to be incorporated therein while the same are located at the construction site, stored off site, while in transit or at the place of manufacture. In addition, the policy shall cover collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architects, engineers and other design professionals required as a result of such insured loss. The policy shall contain a provision that the interests of the City and the Contractor, Subcontractors and material suppliers are insureds under the policy and that any loss shall be payable to the insureds as their interests may appear.
When stated as a requirement in the Special Provisions, Builder’s Risk Insurance shall include Delay in Opening coverage with limits of liability, and for the period of time, as set forth in the Special Provisions. Coverage shall include debt service, expense, loss of earnings or rental income or other loss incurred by the City, without deduction, due to the failure of the Project being completed on schedule.
2. The maximum deductible for earthquake, land movement and flood allowable under this policy shall be five percent (5%) of replacement value at risk at the time loss. A one hundred thousand dollars ($100,000) minimum is acceptable.
The maximum deductible for all other perils allowable under this policy shall be ten thousand dollars ($10,000). All deductibles shall be borne solely by the 272
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Contractor, Subcontractors, or material suppliers, and the City shall not be responsible to pay any deductible, in whole or in part.
3. The City and the Contractor waive all rights against each other and against all other contractors for loss or damage to the extent reimbursed by Builder’s Risk insurance or any other property or equipment insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed to obtain such consent.
4. If not covered by Builder’s Risk insurance or any other property or equipment insurance required by this Contract, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, property insurance for portions of the Contractor's work and/or equipment to be incorporated therein stored offsite or in transit.
3-9.04.D Environmental Liability Insurance
When stated as a requirement in the Special Provisions, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, Environmental Liability insurance, using an occurrence form (Claims Made forms at not acceptable unless expressly allowed by the City), which includes coverage for sudden and accidental pollution arising out of the handling of hazardous materials or hazardous wastes; non-hazardous materials or non-hazardous wastes that, when released into the environment, violate regulatory standards of the Federal, State or Local Government; and coverage for liability arising out of the handling of asbestos.
If coverage for Environmental Liability insurance is allowed by the City to be written on a claims-made form, the following provisions apply:
Limit of coverage shall be not less than ten million dollars combined single limits for Bodily Injury and Property Damage ($10,000,000).
Insurance must be maintained and evidence of insurance must be provided for at least four (4) years after completion of the Work. Additional provisions, including Project specific coverage may be required at the sole discretion of the City.
3-9.04.E Other Provisions
1. The Contractor's General Liability, Automobile Liability, and any Excess or Umbrella Liability or other insurances required in the Special Provisions, shall contain the following provisions:
a. The City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied, or used by the Contractor, or automobiles owned, leased, hired, or 273
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borrowed by the Contractor. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officers, officials, employees, agents, or volunteers.
b. For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, or volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting or other provisions of the policies on the part of the Contractor, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
2. The Contractor's General Liability and any Excess or Umbrella Liability insurance policies shall contain an endorsement stating that any aggregate limits shall apply separately to the Work.
3. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy by endorsement or provision shall state that coverage shall not be suspended, voided, cancelled, reduced in scope of coverage or in limits, non-renewed, or materially changed unless the insurer(s) provide thirty (30) Calendar Days written notice by certified mail to the City prior to such change. Ten (10) Calendar Days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.
5. All of the Contractor's insurance coverage, except as noted below, shall be placed with insurance companies with a current A.M. Best rating of at least A-IX.
Exception: Workers' Compensation which is provided through a State Compensation Insurance Fund or a qualified self-insurer for Workers' Compensation under California law.
6. The Contractor shall sign and file with the City the following certification prior to commencing performance of the work of the Contract:
“I am aware of the provis ions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
Said certification is included in the Contract, and signature and return of the Contract shall constitute signing and filing of the said certification. 274
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7. The City, at its discretion, may require new types of insurance coverage or increase the limits of insurance coverage required hereunder at any time during the term of the Contract by giving thirty (30) Calendar Days written notice to the Contractor. Contractor shall immediately procure such insurance or increase the limits of coverage and provide certificates of insurance, including copies of all required endorsements, to the City within thirty (30) Calendar Days of receipt of the City’s request.
8. The required insurance coverage shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve the Contractor of its duties and responsibilities in this Contract.
9. If the Contractor fails to procure or maintain insurance as required by this Section 3-9 and each of its subsections and any Special Provisions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Contractor under the Contract. Failure of the City to obtain such insurance shall in no way relieve the Contractor from any of the Contractor’s responsibilities under the Contract. Any failure of the Contractor to maintain any item of the required insurance is sufficient cause for termination of the Contract as a material breach.
10. The making of progress payments to the Contractor shall not be construed as relieving the Contractor of responsibility for loss or damage, or destruction occurring prior to final acceptance by the City. Partial payment does not constitute partial acceptance.
11. The City is authorized to execute amendments and waivers, with or without conditions, to the insurance requirements of the Contract. The City will provide such amendments or waivers in writing to the Contractor.
12. The Contractor is responsible for the acts and omission of all of its Subcontractors and shall require all of its Subcontractors to maintain adequate insurance.
The failure of the City to enforce in a timely manner any of the provisions of this Section 3-9 and/or any of its subsections shall not act as a waiver to enforcement of any of these provisions at any time during the term of the Contract.
3-9.04.F Deductibles and Self-Insurance Retention
Any deductible or self-insured retention over $10,000 that applies to General Liability or Automobile Liability must be declared to and approved by the City.
3-9.05 Notification of Accident or Occurrence
The Contractor shall report by telephone to the City within twenty-four (24) hours and also report in writing to the City within fifteen (15) Calendar Days after the Contractor or any 275
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Subcontractors or agents have knowledge of any accident or occurrence involving death of or injury to any person or persons, or damage in excess of ten thousand dollars ($10,000) to the Work, property of the City or others, arising out of any work done by or on behalf of the Contractor as part of the Contract. Such report shall contain:
1. The date and time of the occurrence,
2. The names and addresses of all persons involved, and
3. A description of the accident or occurrence and the nature and extent of injury or damage.
3-9.05 Notification of Claim
If any claim for damages is filed with the Contractor or if any lawsuit is instituted against the Contractor, that arises out of or is in any way connected with the Contractor’s performance under this Contract and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect the City, Contractor shall give prompt and timely notice thereof to the City. Notice shall be prompt and timely if given within thirty (30) Calendar Days following the date of receipt of a claim or ten (10) Calendar Days following the date of service of process of a lawsuit.
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CHAPTER 4 - SCOPE OF WORK
TABLE OF CONTENTS
Section Page
4-1 INTENT OF CONTRACT DOCUMENTS ................................................................. 33 4-2 PLANS AND SPECIFICATIONS FURNISHED ............................................................. 34 4-3 CONFORMANCE WITH CODES AND STANDARDS .................................................. 34 4-4 SUPPLEMENTAL DRAWINGS .................................................................................... 34 4-5 FIELD DIRECTIVES OR OTHER WRITTEN DIRECTIVES .......................................... 35 4-6 DOCUMENT PRECEDENCE ....................................................................................... 35 4-7 REQUESTS FOR INFORMATION ................................................................................ 37 4-7.01 General ....................................................................................................... 37 4-7.02 Procedure ................................................................................................... 37 4-7.03 Response ................................................................................................... 37 4-8 DELETED ITEMS ......................................................................................................... 38 4-9 EXTRA WORK ............................................................................................................. 38 4-10 USE OF COMPLETED PORTIONS ............................................................................ 38 4-11 LANDS AND RIGHTS-OF-WAY ................................................................................. 38 4-12 WARRANTY ............................................................................................................... 39
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CHAPTER 4 SCOPE OF WORK
4-1 INTENT OF CONTRACT DOCUMENTS
The Work shall be performed and completed according to the Contract Documents. The Contract Documents provide the details for completing the Work in accordance with the terms of the Contract. Each Contract Document is an integral part of the Contract, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents shall be interpreted as being explanatory and complementary in requiring complete Work ready for use and occupancy or operation in satisfactory working condition with respect to the functional purposes of the installation.
The Contractor shall do all of the work and furnish all materials, supplies, equipment, tools, labor, transportation, supervision, resources, and everything else necessary or proper, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any Change Order work or disputed work directed by the City in conformity with the true meaning and intent of the Plans, Specifications, and all provisions of the Contract, within the time specified.
All work shown on the Plans, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made; however, figured dimensions shall in all cases be followed, even if they differ from scaled measurements. Full-size drawings shall be followed in the execution of the Work.
If the Contract does not specifically allow the Contractor a choice of quality or cost of items to be furnished, but could be interpreted to permit such a choice, the Contractor shall furnish the highest quality under current industry standards, regardless of the cost of the item.
Unless otherwise specified, the Contractor agrees to furnish all materials, supplies, equipment, tools, labor, transportation, supervision, resources, and everything else necessary to perform and complete the Work in a good and workmanlike manner to the satisfaction of the City, in the manner designated, and in strict conformity to the Contract. When portions of the Work are described in general terms, but not in complete detail, it is understood that the Contractor will employ only the best general practice and incorporate only the best quality materials and workmanship in the Work.
No extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items will include full compensation for furnishing all materials, supplies, equipment, tools, labor, transportation, supervision, resources, incidentals and everything else necessary to complete the Work as provided in the Contract. The prices paid include all overhead, markups and profit.
If the Contractor discovers any discrepancies during the course of the Work between the Plans and conditions in the field, or any errors or omissions in the Plans and conditions in the field, or any errors or omissions in the Plans, the Specifications, or in the layout given by stakes, points, or instructions, it shall be the Contractor's duty to inform the City immediately, and the City shall promptly verify the same. Any work done after such discovery, until authorized by the City, will be done at the Contractor's risk.
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4-2 PLANS AND SPECIFICATIONS FURNISHED
The City will provide, at no cost to the Contractor, copies of Project Plans (except Standard Drawings or State Plans), Project Specifications (the State Specifications), and Special Provisions, and the fully executed Contract for the Contractor’s use in prosecuting the Work. The total number of copies of the Plans, Specifications, and Special Provisions provided shall equal the total of the prime Contractor plus the number of Subcontractors listed in the Bid. The Contractor may purchase additional copies of Plans, Specifications, and Special Provisions.
The Contractor shall retain an approved set of Contract documents on the job during the progress of the Work. This set shall be used by the Contractor as the Record Drawings as described in Section 11-3, “Record Drawings” of these General Provisions.
4-3 CONFORMANCE WITH CODES AND STANDARDS
The Work shall be in full compliance with the latest adopted edition of the following applicable standards and regulations:
• The State Fire Marshal
• The UBC
• Title 8
• Title 22
• Title 24
• The NEC
• The UPC
• Storm Water Pollution Plans and Standards
• Other codes, laws or regulations applicable to the Work or the Contract.
Nothing in the Contract is to be construed to permit work not conforming to these requirements. When the Work detailed in the Plans and Specifications differs from governing codes, the Contractor shall complete the Work in accordance with the higher standard. If the higher standard is more expensive than the Work detailed in the Plans and Specifications, the Contractor will be compensated for the Contractor’s additional costs by Contract Change Order as provided in Chapter 9, “Changes and Claims”, of these General Provisions.
4-4 SUPPLEMENTAL DRAWINGS
In addition to the Plans incorporated in the Contract at the time of signing, the City may furnish Supplemental Drawings as necessary to clarify or define in greater detail the intent of the 279
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Contract. In furnishing such Supplemental Drawings, the City may make minor changes in the Work, not involving extra cost and not inconsistent with the nature of the Work. The Supplemental Drawings shall become a part of the Contract.
4-5 FIELD DIRECTIVES OR OTHER WRITTEN DIRECTIVES
The City may issue Field Directives or other written directives from the office or field during the course of the Work, and the Contractor shall immediately comply with the Field Directive or other written directive. Contractor must perform all work directed by a field directive, whether or not Contractor believes the work is included in the Contract and regardless of any disputes regarding money, time and/or other issues. Contractor acknowledges that continued progress of the Work is of high importance and that such disputes can be resolved as the Work progresses.
A Field Directive or other written directive may be used to add, delete, modify, or reject work, to note deficiencies in work, to clarify the Contract or to order work to be performed. Work required by a Field Directive or other written directive shall be in accordance with the Contract and any previously executed Change Orders, except as delineated otherwise in the directive.
Drawings included with Field Directives or other written directives are part of the Contract and shall be incorporated into the Record Drawings.
If the Contractor refuses or neglects to comply with or make progress in the execution of any Field Directive or other written directive, the City, in addition to all other rights under the Contract and/or applicable law, may employ any person or persons to perform such work at Contractor’s cost, and the Contractor shall not interfere with the person or persons so employed.
At appropriate intervals, Field Directives and/or other written directives that alter the Contract may be grouped to form a Change Order as described in Chapter 9, “Changes and Claims” of these General Provisions.
4-6 DOCUMENT PRECEDENCE
The component Contract Documents are intended to provide explanation for each other.
Any work shown on the Plans and not in the Specifications, or vice versa, is to be executed as if indicated in both. In case of conflict in the Contract, the following order of precedence will govern interpretation of the Contract:
1. Permits from other agencies as may be required by law;
2. The Agreement, as amended by Change Orders and any other Contract amendments;
3. Special Provisions;
4. Technical Specifications;
5. Plans and Drawings;
6. General Provisions and General Requirements;
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7. Invitation for Bids [Notice to Contractors], including attachments and addenda;
8. City of Rocklin Construction Standard Specifications;
9. City of Rocklin Improvement Standards;
10. State of California Department of Transportation Standard Plans and Specifications.
In addition, the following shall also apply:
1. Written numbers and notes on a drawing shall govern over graphics.
2. A detail drawing governs over a general drawing.
3. A detail specification governs over a general specification.
4. A specification in a section governs over a specification referenced by that section.
5. Changes last in time govern prior requirements.
In case of conflict between the Project Plans and Technical Specifications, the Plans shall govern in matters of quantity and size, the Technical Specifications in matters of quality. In case of conflict within the Plans involving quantities or within the Technical Specifications involving quality, the greater quantity and the higher quality shall be provided.
Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply to all other like portions of the Work. Where ornament or other detail is indicated as starting, such detail shall be continued throughout the courses or parts in which it occurs and shall also apply to other similar parts in the Work, unless otherwise indicated.
All work shown on the Plans, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made; however, figured dimensions shall in all cases be followed, even if they differ from scaled measurements. Full-size drawings shall be followed in the execution of the Work.
Any material specified by reference to the number, symbol, or title of a specified standard such as a Commercial Standard, a Federal Specification, a trade association standard, or other similar standards, shall comply with the requirements in the latest approved revision thereof and any amendments or supplements thereto in effect on the date of Notice to Contractors, except as limited to type, class, or grade, or modified in such reference. The standards referred to, except as modified in the Contract Documents, shall have full force and effect as though printed in the Contract Documents.
Any work for which there are no technical specifications in the project Plans and Specifications, shall be performed in accordance with documents 8, 9 and 10 listed above in this Section 4-6, with the highest order of precedence. Documents 9 and 10 are only incorporated into the Contract for this limited purpose, and no portions of these documents are 281
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incorporated for any other purpose except as expressly indicated elsewhere in the Contract Documents.
4-7 REQUESTS FOR INFORMATION
4-7.01 General
Contractor shall prepare a Request for Information (RFI) when additional information, clarification, or interpretation of the Contract is required. RFI’s may also be used for apparent conflicts, inconsistencies, ambiguities, or omissions.
RFI’s shall be submitted to the City sufficiently in advance of the work to permit time for investigation and preparation of a response. Any work undertaken prior to receipt of a response to an RFI will be at the Contractor’s risk.
RFI’s shall not be used for submittals or for substitution of material or equipment, or for waiving of requirements.
4-7.02 Procedure
An RFI shall be submitted on an approved form as defined at the preconstruction meeting, and shall be numbered consecutively. A status log shall be prepared and updated by the Contractor and reviewed with the City at each progress meeting. Each RFI shall deal with only one topic, item, issue, or system. The RFI shall clearly describe and specifically state what is being requested. Relevant portions of the Contract shall be cited, marked-up, and attached.
The Contractor shall review each RFI before submittal and compare it with the Contract to verify that a response is required. RFI’s will only be accepted from the Contractor and not from Subcontractors or suppliers. A recommendation or proposed solution may be included when appropriate or expedient. RFI’s that are not clear or RFI’s for which a response is clearly identified in the Contract will not be accepted.
4-7.03 Response
The City will normally respond within fifteen (15) Working Days. The City will provide a written response, and that response shall control. The Contractor shall indicate a priority for responses to RFI’s if more than five (5) RFI’s are pending at the same time. In case of a dispute between the Contractor and the City, protest may be made as provided in Section 9- 16, “Dispute Regarding Contract Requirements”, of these General Provisions.
Subsequent resubmittals of an RFI shall be identified with the same RFI number and a letter designation. Resubmittals shall clearly state the reason for the resubmittal.
Responses to RFI's indicating a change to drawings shall be recorded by the Contractor on the Record Documents in accordance with Section 11-3, “Record Drawings” of these General Provisions.
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4-8 DELETED ITEMS
The City may delete from the Work any item of work. The Contractor will be paid for all work done toward the completion of the item prior to such deletion, as provided in Chapter 9, “Changes and Claims”, of these General Provisions but in no event will the amount paid exceed the Bid or Schedule of Values amount less the value of the deleted work. The Contractor shall make no claim, nor receive any compensation for profits, for loss of profit, for damages, or for any extra payment whatever because of any deleted items of work.
4-9 EXTRA WORK
Work not covered by the Contract but necessary for the proper completion of the Project will be classed as extra work and shall be performed by the Contractor when directed in writing by the City. Extra work shall be performed in accordance with the Contract and as directed by the City.
Extra work must be authorized in writing by the City before the work is started. Payment for extra work will not be made unless such prior written authorization is obtained.
In the event of an emergency or other situation that endangers the Work or endangers public safety, the City will direct the Contractor to perform such extra work necessary to protect the Work or the public.
4-10 USE OF COMPLETED PORTIONS
The City has the right during the progress of the Work to occupy and/or use any completed or partially completed portion of the Work. Such use shall not be deemed acceptance of that portion, nor of any other portions of the Work, nor of work not completed in accordance with the Contract.
Under unusual circumstances on an exception basis, and only by written approval of the City, the City may provide a field acceptance of a completed portion of the Work under Section 7-21 “Final Inspection and Field Acceptance”, of these General Provisions, such that the warranty period for that portion will be considered to commence and the Contractor will be relieved of any further maintenance and protection of that portion. No final payment shall occur for a limited portion of the work. The Contractor will not be relieved of the Contract requirements for repairing or replacing defective work and materials in accordance with Sections 7-21 and 7-23, “Warranty Work”, of these General Provisions.
4-11 LANDS AND RIGHTS-OF-WAY
The City shall provide the lands, rights-of-way, and easements upon which the Work is to be done, and such other lands as may be designated on the Plans for the use of the Contractor. The Contractor shall confine its operations to within these limits. The Contractor shall comply with the terms and conditions of right of entry, right of way and easement documents. The City shall provide photocopies of these documents to the Contractor prior to the Contractor’s use of, or commencement of Work, in the lands in question.
The Contractor shall provide at the Contractor's own expense any additional land and access that is required for temporary construction facilities or storage of materials. The 283
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Contractor shall obtain all required permissions for use of private property prior to taking possession or use. The permission shall be obtained in writing and a copy forwarded to the City prior to the Contractor taking possession of said property.
4-12 WARRANTY
Unless otherwise specified in the Special Provisions, the warranty time period will be one year after City acceptance of Work (see Section 7-22, “Final Acceptance and Notice of Completion”, of these General Provisions) and subject to the terms of the Contractor Guarantee Form. The Performance Bond furnished by the Contractor as part of the execution of the Contract shall include the terms and time period of the Warranty of the Contractor’s work In lieu of continuing the original performance bond through the warranty period, the Contractor may submit a warranty bond, on a form substantially the same as the Performance Bond, for a minimum of ten percent (10%) of the total project value to be valid for one year from the date of acceptance by the Council, subject to extension in accordance with the Contractor Guarantee Form for corrected defective work .
If required by the Special Provisions, the Contractor shall enter into and sign Warranty statements in the form provided to warranty various segments of the Work for the time specified.
If failure of any portion of the Work can be attributed to faulty materials, poor workmanship, defective equipment, or any other reason that can be attributed to Contractor’s performance, and this failure occurs prior to the end of the specified warranty period, the Contractor shall promptly make the needed repairs at the Contractor's expense in accordance with Section 7-23, “Warranty Work”, of these General Provisions.
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CHAPTER 5 -- CONTROL OF WORK AND MATERIALS
TABLE OF CONTENTS
Section Page
5-1 AUTHORITY OF CITY .................................................................................................. 41 5-2 ATTENTION AND COOPERATION OF CONTRACTOR .............................................. 41 5-3 SUGGESTIONS TO CONTRACTOR ........................................................................... 41 5-4 SEPARATE CONTRACTS ........................................................................................... 41 5-5 COOPERATION WITH OTHER CONTRACTORS ....................................................... 41 5-6 CONTRACTOR’S DISMISSAL OF UNSATISFACTORY EMPLOYEES ........................ 42 5-7 CONTRACTOR'S EQUIPMENT ................................................................................... 42 5-8 CONTRACTOR'S SUBMITTALS .................................................................................. 42 5-8.02 Resubmittals ............................................................................................. 43 5-8.03 Submittals Containing Proprietary Information .............................................. 44 5-8.04 Electrical, Instrumentation, Control, and Communication Systems .................. 44 5-8.05 Maintenance and Operations (M&O) Submittals ........................................... 44 5-9 DAILY REPORTS ......................................................................................................... 45 5-10 SURVEYS .................................................................................................................. 45 5-10.01 Surveys .................................................................................................. 45 5-10.01.A Streets and Highways ........................................................................... 46 5-10.01.B Sewer, Water, and Drainage Facilities .................................................... 46 5-10.02 Survey Monuments .................................................................................. 46 5-11 RESPONSIBILITY FOR ACCURACY ......................................................................... 47 5-12 DUTIES AND POWERS OF INSPECTORS ............................................................... 47 5-13 INSPECTION .............................................................................................................. 47 5-14 QUALITY OF MATERIALS AND WORKMANSHIP ..................................................... 48 5-15 SUBSTITUTIONS ....................................................................................................... 49 5-15.01 Written Request ....................................................................................... 49 5-16 PREPARATION FOR TESTING ................................................................................. 49 5-17 MATERIALS SAMPLING AND TESTING ................................................................... 49 5-18 APPROVAL OF MATERIALS OR EQUIPMENT ......................................................... 50 5-18.01 Sources Of Supply ................................................................................... 50 5-18.02 Plant Inspection ....................................................................................... 50 5-19 PROVISIONS FOR EMERGENCIES .......................................................................... 50 5-20 RIGHT TO RETAIN IMPERFECT WORK ................................................................... 51 5-21 REMOVAL OF REJECTED MATERIALS OR WORK ................................................. 51 5-22 TEMPORARY SUSPENSION OR DELAY OF WORK ................................................ 51 5-23 TERMINATION OF CONTRACT ................................................................................ 51 5-23.01 Reasons for Termination ......................................................................... 51 5-23.01.A Termination for Convenience ................................................................. 52 5-23.01.B Termination for Cause ........................................................................... 52 5-23.02 Termination After Contract Time ............................................................... 53 5-23.03 Notice of Termination; City Completion ...................................................... 53 5-23.04 Payments to Contractor Upon Termination of Contract ................................ 55 5-23.05 Completion Not a Waiver of City Rights ..................................................... 55 5-23.06 Survival of Obligations .............................................................................. 55 5-24 TERMINATION OF UNSATISFACTORY SUBCONTRACTS ...................................... 56 285
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CHAPTER 5 CONTROL OF WORK AND MATERIALS
5-1 AUTHORITY OF CITY
The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different contractors that may be involved with the Work.
The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.
The City will administer its authority through a duly designated representative identified at the preconstruction meeting. The Contractor and the City representative shall make good faith attempts to resolve disputes that arise during the performance of the Work.
Any order given by the City not otherwise required by the Contract to be in writing will be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, directive, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.
5-2 ATTENTION AND COOPERATION OF CONTRACTOR
The Contractor shall comply with any written instruction delivered to the Contractor or the Contractor’s authorized representative by appropriately authorized representatives of the City.
5-3 SUGGESTIONS TO CONTRACTOR
Any plan or method suggested to the Contractor by the City, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.
5-4 SEPARATE CONTRACTS
The City reserves the right to award other contracts in connection with the Work. The Contractor shall afford other contractors reasonable opportunity for the delivery and storage of their materials and the execution of their work and shall properly connect and coordinate its work with the other contractors.
If any part of the Contractor's work depends upon the work of any other contractor for proper execution or results, the Contractor shall inspect and promptly report to the City any defects in such work that render the other contractor’s work unsuitable for proper execution and results.
The Contractor's failure to so inspect and promptly report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of the Contractor's work, unless defects develop in the other contractor's work after the execution of the Contractor's work.
5-5 COOPERATION WITH OTHER CONTRACTORS
Other contractors and other forces, including the City and/or adjacent property owners may perform work adjacent to or within the Work area concurrent with the Contractor's operations. 286
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The Contractor shall conduct operations to minimize interference with the work of other forces or contractors. Any disputes or conflicts between the Contractor and other forces or contractors retained by the City which create delays or hindrance to each other shall be referred to the City for resolution. If the Contractor’s work is delayed because of the acts or omissions of any other force or contractor, the Contractor shall have no claim against the City other than for an extension of time (see Section 7-18, ”Extension of Time”, of these General Provisions).
5-6 CONTRACTOR’S DISMISSAL OF UNSATISFACTORY EMPLOYEES
If any person employed by the Contractor or any Subcontractor shall fail or refuse to carry out the directions of the City or the provisions of the Contract, or is, in the opinion of the City, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language or conduct to any person on or associated with the Work or with the public; or is acting or working in a manner that compromises the safety of the public, Work or persons or property involved with the Work, or is otherwise unsatisfactory, the Contractor shall, when requested by the City, remove the worker from the Work site immediately, and shall not again employ the removed worker on the Work except with the written consent of the City.
5-7 CONTRACTOR'S EQUIPMENT
The Contractor shall provide adequate and suitable equipment, labor, and means of construction to meet all the requirements of the Work, including completion within the Contract Time. Only equipment suitable to produce the quality of work required will be permitted to operate on the Project. Specific types of equipment may be requested by the City on component parts of the Work.
The City may, at the City's option, permit the use of new or improved equipment, at the Contractor’s cost. If such permission is granted, it is understood that it is granted for the purpose of testing the quality and continuous attainment of work produced by the equipment, and the City shall have the right to withdraw such permission at any time that the City determines that the alternative equipment is not producing work that is equal in all respects to that specified, or will not complete the Work in the time specified in the Contract. The cost for mobilizing and demobilizing new or improved equipment shall be borne by the Contractor.
In any case where the use of a particular type or piece of equipment has been banned, or in cases where the City has condemned for use on the Work any piece or pieces of equipment, the Contractor shall promptly remove such equipment from the site of the Work at its cost.
Failure to do so within a reasonable time may be considered a breach of contract. The cost for mobilizing and demobilizing replacement equipment shall be borne by the Contractor.
5-8 CONTRACTOR'S SUBMITTALS
5-8.01 Submittals - General
The Contractor shall furnish all working drawings, plans, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer's instructions as required in the Contract, and any other information required to demonstrate that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract. Submittals shall be submitted by the dates specified in the Contract or, in the 287
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City’s sole discretion, a fine of $100 per day will be levied until the appropriate submittals are properly submitted.
Submittals for systems shall be bound together, include all information for the system and, unless otherwise specified, submitted to the City electronically.
A minimum of five (5) copies of all submittals shall be furnished, two (2) of which will be returned after review. Depending on the complexity of the submittal, the number of submittals, and the express needs of the Contractor, the submittal will be returned to the Contractor within thirty (30) Calendar Days, exclusive of any time awaiting clarification or further information.
Where any item of the work is required to be installed in accordance with the manufacturer's recommendations, the Contractor shall furnish a complete set of the manufacturer's installation recommendations to the City prior to starting the installation. These submittals will be retained by the City.
If the information furnished in a submittal shows any deviation from the Contract requirements, the Contractor shall, by a statement in writing accompanying the information, advise the City of the deviation and state the reasons. It shall be the Contractor's responsibility to ensure there is no conflict with other submittals and to notify the City in any case where the Contractor's submittal may concern work by another contractor, adjacent property owners, other forces or the City.
The Contractor is solely responsible for coordination of submittals among all related crafts performing the Work. The Contractor shall verify that its Subcontractors’ submittals are complete in every way and meet the requirements of the Contract.
Direction from the City to proceed following return of the Contractor's submittals shall not relieve the Contractor of responsibility for any error or of any obligation for accuracy of dimensions and details, for agreement with and conformity to the Contract, or responsibility to fulfill the Contract as prescribed. Nor shall such direction be considered as approval of any deviation or conflict in the submittal unless the City has been expressly advised in writing of the same as set forth immediately above, and the City has expressly approved such deviation or conflict in writing.
The Contractor shall make no changes to any submittal after it has been returned, and the equipment or materials shall not deviate in any way except with written approval by the City.
Fabrication or other work performed in advance of return of the submittal with a direction to proceed shall be done entirely at the Contractor's risk.
Minimum requirements for submittals are contained in these Specifications. Additional and/or project-specific requirements may be contained in the Contract. The Contractor is responsible for identifying and providing all required submittals.
5-8.02 Resubmittals
Resubmittals shall address all comments from the City. Partial resubmittals may be returned ‘REVISE AND RESUBMIT.” The Contractor is responsible for the City's review costs for each resubmittal in excess of the first resubmittal. These costs will be charged to the Contractor and will be deducted from progress payments.
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5-8.03 Submittals Containing Proprietary Information
All required information shall be provided even though some or all of such information may be considered proprietary. If any of the information required herein is considered proprietary, a proprietary agreement shall be executed between the City and the Contractor, stipulating that all such information will be supplied by the Contractor and kept confidential by the City. All proprietary data shall be identified as part of the Contractor's Bid and the proprietary agreement shall be executed before award of the Contract. Proprietary information is defined as any information or data describing or defining a product, process or system which 1) was developed at the expense of the Contractor, a Subcontractor or supplier; 2) is not generally available in the industry; and 3) is kept secret by its owner for purposes of preventing its use by others. Application software and all other documentation, or any other product, prepared by the Contractor, Subcontractor, or supplier at the expense of the City for specific use on the facility being constructed under the Contract shall not be considered proprietary.
All submitted proprietary information shall describe the final record Work. No part of the Work covered by the proprietary agreement shall be modified after proprietary submittal acceptance until updated proprietary information has been submitted by the Contractor and accepted by the City. Updated proprietary information shall fully document all modifications to be implemented. All proprietary data shall be marked “PROPRIETARY” by the Contractor.
5-8.04 Electrical, Instrumentation, Control, and Communication Systems
Electrical, instrumentation, control, and communication system drawings shall include elementary and loop diagram drawings, functional single line system layout drawings, connection drawings, interconnection drawings, panel/cabinet fabrication drawings, and detailed circuit board and component drawings. Detailed circuit schematics and circuit board layout drawings shall clearly show, locate, and identify all components and wiring. Each circuit board component shall be identified by the component's original manufacturer name and part number.
Industry standard part numbers shall be used. Component values, voltage/current levels, setpoints, and timing values shall be defined. Drawings shall be in the latest version of AutoCAD or other electronic reproducible medium specified by the City.
Conduit layout diagrams shall be provided for all electrical conduits, and conduits shall be labeled in the field consistent with the layout diagrams.
Complete annotated software/firmware source code listings and program documentation shall be provided for all electronic/electrical systems, subsystems, assemblies, parts, components, and equipment that incorporate programmable devices. All instructions and hardware necessary to load, store, modify, and activate software/firmware source codes and programs shall be provided.
5-8.05 Maintenance and Operations (M&O) Submittals
For use in subsequent maintenance and operations the Contractor shall furnish to the City electronically and bound together and indexed all maintenance and operation information, 289
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including all the highest level of factory maintenance manuals (greatest level of detail) that are available to factory representatives with a three-year subscription to newsletters and updates supplied by the manufacturer covering all equipment and systems included in the Contract.
The City may withhold up to thirty percent (30%) of the Total Contract Price until M&O submittals have been submitted and approved. The submittal shall include at a minimum:
• Drawings
• Illustrations
• Parts lists
• Wiring diagrams of systems
• Internal wiring diagrams and circuit board schematics and layout drawings
• Manufacturer's recommended spare parts lists
• Name, address and phone number of nearest parts and service City
• Systems balance data
• Maintenance and service instructions
• Operation instructions
• Software including annotated source lists and programs
The submittal of maintenance and operation information is required for all mechanical, electrical, instrumentation, control, communications, sound, or special equipment and systems.
The Contractor shall obtain approval of the required data at least thirty (30) Calendar Days prior to any required training or the final inspection date.
5-9 DAILY REPORTS
No less than on a weekly basis, the Contractor shall submit, upon request of the City, to the City daily reports, which shall include, without limitation, the identity of Subcontractors on the site, an accurate headcount of workers on the site, materials and equipment delivered to the site, visitors to the site, work performed, and any problems encountered.
5-10 SURVEYS
5-10.01 Surveys
Except as set forth in this Section or in the Special Provisions, the Contractor shall be responsible for performing all necessary surveys to lay out and control the Work to the locations, elevations, lines, and dimensions shown or specified in the Contract. Any deviations 290
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must receive prior written approval of the City. All surveys affecting the line or elevation of underground drainage, sewers, or utilities, and all other work within public rights-of-way or easements, shall be performed by or under the direction and supervision of a California Registered Civil Engineer authorized to practice land surveying or a California Licensed Land Surveyor. The Contractor shall be responsible for protecting and perpetuating survey monuments affected by construction activities in accordance with Business and Professions Code Section 8771(b). The Contractor shall be responsible for the accuracy of the Contractor's own layout work, and shall be liable for the preservation of all established lines and grades.
Stakes damaged or destroyed by the operations of the Contractor shall be replaced at the Contractor’s expense.
The Contractor’s surveys also shall include, without limitation, the following surveys:
5-10.01.A Streets and Highways
• Slope Stakes -- One line of slope stakes at fifty-foot (50’) intervals for the construction of each pavement edge. The Contractor shall set back and reference the stakes.
• Subgrade -- One line of blue tops at centerline or at a location directed by the City for each two (2) lanes of the roadway at fifty-foot (50’) intervals, and three (3) lines on super-elevated sections for each two (2) lanes. The Contractor shall reference subgrade stakes for the subbase and base layers.
• Finished Base -- One (1) line of blue tops at centerline or at a location directed by the City for each two (2) lanes of roadway at fifty-foot (50’) intervals, and three (3) lines for each (2) lanes on super-elevated and widened sections.
• All necessary line, location, and elevation stakes for curb and gutter, inlets, pipes, drainage structures, signals, box culverts, and other miscellaneous facilities.
5-10.01.B Sewer, Water, and Drainage Facilities
• For all pipelines to be laid on grade: the City will establish an offset line at fifty-foot (50’) intervals, furnish cut sheets and necessary land surveys, and establish bench marks, base lines, and reference points for locating principal structures.
• For drainage channels: the City will furnish slope stakes at fifty-foot (50’) intervals.
From this information, the Contractor shall develop and make all additional detail surveys and measurements necessary for the construction of the Work.
5-10.02 Survey Monuments
The City shall show on the construction Plans, to the best of its knowledge, the location and character of survey monuments located within the construction area. It is the Contractor’s responsibility to arrange and pay for a diligent and thorough search for survey monuments.
This shall be performed by or under the direction of a California Licensed Land Surveyor or a 291
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California Registered Civil Engineer authorized to practice Land Surveying, prior to the beginning of construction or maintenance work that could disturb or destroy a survey monument. Any monuments found shall be referenced and reset by or under the direction of a California Licensed Land Surveyor or a California Registered Civil Engineer authorized to practice Land Surveying in accordance with Business and Professions Code Section 8771. On thin surface treatments, such as chip seals, the monuments can be covered in advance of the maintenance treatment with a suitable material and then removed to expose the monument.
When survey monuments not shown on the Plans are discovered, the Contractor shall bring them to the attention of the City prior to damaging them. Any City survey monuments damaged or destroyed by the Contractor shall by reset by the City or Contractor at the Contractor’s expense. Any other damaged or destroyed survey monuments shall by reset by the Contractor at its sole expense in accordance with the Land Surveyors Act (Business & Professions Code 8700 et seq.).
When the Special Provisions require that the Contractor provide all surveys, the Contractor shall be responsible for referencing, resetting, and filing of corner records for all survey monuments disturbed or destroyed by construction activities in accordance with Business and Professions Code Section 8771.
All survey monuments and references shall be set or reset by or under the direction of a California Licensed Land Surveyor or a California Registered Civil Engineer authorized to practice Land Surveying.
5-11 RESPONSIBILITY FOR ACCURACY
The Contractor shall obtain all necessary measurements for and from the Work, and shall check dimensions, elevations, and grades for all layout and construction work and shall supervise such work; the accuracy for all of which the Contractor shall be responsible. The Contractor is responsible for adjusting, correcting, and coordinating the work of all Subcontractors so that no discrepancies result.
5-12 DUTIES AND POWERS OF INSPECTORS
Inspectors are the authorized representatives of the City. Their duty is to inspect materials and workmanship of those portions of the Work to which they are assigned, either individually or collectively, under instructions of the City, and to report all deviations from the Contract.
City work site inspections will only be conducted Monday through Thursday from 7AM to 3:30PM, excluding City Holidays. Any inspections outside of these hours shall be requested at least three (3) days prior, must be approved by the Project Manager, and all costs associated with the inspections shall be paid by the Contractor. 5-13 INSPECTION
The inspection of the Work does not relieve the Contractor of the obligation to fulfill all Contract requirements. The purpose of inspection is not to assure Contractor that all of the Work is meeting all of the Contract requirements.
All work and materials furnished pursuant to the Contract shall be subject to inspection and 292
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approval by the City. The Contractor shall provide the City and Inspectors with access to the Work during construction and shall furnish every reasonable facility and assistance for ascertaining that the materials, equipment and the workmanship are in accordance with the requirements and intent of the Contract. Any work, materials, or equipment not meeting the requirements and intent of the Contract will be rejected, and unsuitable work, equipment or materials shall be made good, notwithstanding the fact that such work, materials or equipment may have been previously inspected or approved and /or payment may have been made. The Contractor shall be solely responsible for any costs associated with the removal of any defective work, equipment or materials discovered during the inspection and the complete cost of reconstruction.
Unless authorized in writing by the City, any work done in the absence of an Inspector, whether completed or in progress, shall be subject to inspection. The Contractor shall furnish all tools, labor, materials, access facilities, and other facilities necessary to allow such inspection, even to the extent of uncovering or taking down completed portions of the Work.
The Contractor shall pay all costs incurred, whether or not any defective work is discovered.
The Contractor shall also be solely responsible for any costs associated with the removal of any defective work discovered during the inspection and the complete cost of reconstruction.
Reexamination of any part of the Work may be ordered by the City, and such part of the Work shall be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, reexamination, and replacement if the reexamined work does not conform to the Contract.
The Contractor shall notify the City of the time and place of any factory tests and submit test procedures for approval thirty (30) Calendar Days in advance for any tests that are required by the Contract. The Contractor shall report the time and place of preparation, manufacture or construction of any material for the Work, or any part of the Work, that the City wishes to inspect. The Contractor shall give five (5) Working Days’ notice in advance of the beginning of work on any such material or of the beginning of any such test to allow the City to make arrangements for inspecting and testing or witnessing.
5-14 QUALITY OF MATERIALS AND WORKMANSHIP
Unless otherwise allowed or required by the Special Provisions, all equipment and materials shall be new and of a quality at least equal to that specified. All workmanship shall also be of the highest qualify. When the Contractor is required to furnish equipment, materials or manufactured articles or shall do work for which no detailed specifications are set forth, the equipment, materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market. If not ordinarily carried in stock, the articles shall conform to the usual standards for first-class materials or articles of the kind required. The work performed shall secure the best standard of construction and equipment of the Work as a whole or in part.
Materials shall be furnished in sufficient quantities and at such times to ensure uninterrupted progress of the Work. All required spare parts shall be delivered in new condition, not in a used or unknown condition, and with any certificates required. Materials, supplies, and equipment shall be stored properly and protected as required. The Contractor shall be entirely responsible for damage or loss by weather or other causes.
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5-15 SUBSTITUTIONS
Certain materials, articles, or equipment may be designated in the Contract by brand or trade name or manufacturer together with catalog designation or other identifying information.
Substitute material, article, or equipment which is of equal quality and of required characteristics for the intended purpose may be proposed for use, provided the Contractor complies with the requirements of the following paragraphs.
5-15.01 Written Request
The Contractor shall submit any request for substitution in writing no later than thirty (30) Calendar Days after the award of the Contract.
5-15.02 Documentation
If requested by the City, a proposal for substitution must be accompanied by complete information and descriptive data, including cost of operation, cost of maintenance, and physical requirements necessary to determine the equality of offered materials, articles, or equipment.
The Contractor shall also submit such shop drawings, descriptive data, and samples as requested. The burden of proof of comparative quality, suitability, and performance of the offered proposal shall be upon the Contractor. The determination of equal quality, suitability, and performance shall be at the sole discretion of the City. The City will examine such submittals with reasonable promptness. If the City rejects the request for such substitution, then one of the particular products designated by brand name in the Contract shall be furnished. Acceptance of substitution by the City shall not relieve the Contractor from responsibility for deviations from the Plans and Specifications or from responsibility for errors in submittals. Failure by the Contractor to identify deviations in the request material from the Plans and Specifications shall void the submittal and any action taken thereon by the City.
Changes required for proper installation and fit of substitute materials, articles or equipment, or because of deviations from the Contract shall not be made without the written consent of the City and shall be made by the Contractor without additional cost to the City. The Contractor shall pay the costs of design, drafting, architectural or engineering services and alterations of the construction required to accommodate any Contractor substitution or construction error to maintain the original function and design.
5-16 PREPARATION FOR TESTING
The Contractor shall maintain proper facilities and provide safe access for inspection by the City to all parts of the Work and to the shops wherein parts of the Work are in preparation.
Where the Contract requires work to be tested or approved, such work shall not be tested or covered up without at least a five (5) Working Day notice to the City of its readiness for inspection, unless the written approval of the City for such testing or covering is first obtained.
5-17 MATERIALS SAMPLING AND TESTING
Materials to be used in the Work will be subject to sampling and tests by the City. The 294
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Contractor shall furnish the City with a list of the Contractor’s sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the City in time to permit the inspection and testing of materials in advance of their use.
Testing shall be done to such standards as set forth in the Plans, Specifications, or Special Provisions. References made in these documents to standard methods of testing materials shall make such standards a part of the Specifications.
Whenever a reference is made in the Specifications to a specification or test designation of any recognized State or national organization or State of California City, and the number or other identification representing the year of adoption or the latest revision is omitted, it shall mean the specification or test designation in effect on the date of the original Notice to Contractors for the Work.
When requested by the City, samples or test specimens of the proposed materials shall be prepared at the expense of the Contractor and furnished by the Contractor in such quantities and sizes required for proper examination and tests, and with complete information describing type, kind, or size of material, and its source. All samples shall be submitted in time to permit the making of proper tests, analyses, or examinations before incorporating the materials into the Work. No material shall be used in the Work unless or until it has been approved by the City. All material tests shall be made by the City in accordance with recognized standard practice. The Contractor shall pay the cost of the first retest and any subsequent retest of any area or material. The City will secure and test samples whenever necessary.
5-18 APPROVAL OF MATERIALS OR EQUIPMENT
5-18.01 Sources Of Supply
The City’s approval at the source of supply may be required prior to procurement. Such approval shall not prevent subsequent disapproval or rejection of materials or equipment by the City if the quality is less than required by the Contract.
5-18.02 Plant Inspection
The City assumes no obligation to inspect materials or equipment at the source of supply. The Contractor is responsible for incorporating satisfactory materials and equipment into the Work, notwithstanding any prior inspections or tests.
The City will inspect materials or equipment at the source if the Contractor submits a written request and if the City deems the inspection necessary. The Contractor and the supplier will cooperate with and assist the City while performing the inspection. The City shall have access to all production areas of the material or equipment source or place of manufacturing.
5-19 PROVISIONS FOR EMERGENCIES
The City may provide necessary labor, material and equipment to correct any emergency resulting from the Contractor’s operation including noncompliance with the Contract, public convenience, safety, traffic control, and protection of Work, persons, environment, and property. The nature of the emergency may prevent the City from notifying the Contractor prior to taking action. The costs of such labor, material, and equipment shall be borne by the 295
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Contractor and will be deducted from progress payments.
The performance of such emergency work under the direction of the City shall not relieve the Contractor from any damages resulting from the emergency.
5-20 RIGHT TO RETAIN IMPERFECT WORK
If any portion of the work done or materials or equipment furnished under the Contract shall prove defective or not in accordance with the Contract, and if the defect in the work, materials or equipment is not of sufficient magnitude or importance to make the work, materials or equipment dangerous or undesirable, or if the removal of such work, materials or equipment is impracticable or will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain the work, materials or equipment instead of requiring it to be removed and reconstructed or replaced. Progress payment deductions will be made as described in Section 8-9, “Deductions for Imperfect Work”, of these General Provisions.
5-21 REMOVAL OF REJECTED MATERIALS OR WORK
The Contractor shall remove all rejected or condemned materials, equipment or structures brought to or incorporated in the Work within two (2) Working Days of the City’s written directive. No such rejected or condemned materials or equipment shall again be offered for use in the Work. The Contractor shall, at the Contractor’s expense, bring into Contract compliance all rejected material, equipment or work in a manner acceptable to the City.
The City may bring into Contract compliance the rejected material or equipment if the Contractor fails to comply with this Section. All costs shall be borne by the Contractor and will be deducted from the Progress Payment.
5-22 TEMPORARY SUSPENSION OR DELAY OF WORK
The City has the authority to suspend or delay the Work, wholly or in part, for any period the City deems necessary. The Contractor shall immediately comply with the City’s written directive to suspend or delay the Work. The suspended or delayed work shall be resumed only when conditions are favorable or methods are corrected, as ordered or approved in writing by the City. Public safety and convenience must be maintained throughout the suspension or delay in accordance with Sections 6-12, “Public Convenience and Safety”, and 6-13, “Public Safety and Traffic Control”, of these General Provisions.
Delays due to suspension of work shall be classified as Inexcusable or Excusable Delays in accordance with Section 7-12, “Delays”, of these Specifications. Such suspension shall not relieve the Contractor of the Contractor’s responsibilities as described in the Contract.
5-23 TERMINATION OF CONTRACT
5-23.01 Reasons for Termination
The City reserves the right to terminate the Contract or the Contractor’s control over the Work for any of the reasons listed below.
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5-23.01.A Termination for Convenience
The City may at any time and for any reason terminate the Contract or the Contractor’s performance of the Work, in whole or in part.
If the Contract or the Contractor’s control over the Work is terminated for cause and if it is later determined that the termination for cause was wrongful, such termination for cause automatically shall be converted to and treated as a termination for convenience. In such event, the Contractor shall be entitled to receive only the amount payable under Section 5-
23.04 of these General Provisions, and the Contractor specifically waives any claim for any other amounts or damages, including any claim for consequential damages or lost profits.
5-23.01.B Termination for Cause
The City may terminate the Contract or the Contractor’s control over the Work and so notify the Contract and the Contractor’s sureties for the following causes:
• The Contractor is adjudged bankrupt or makes an assignment for the benefit of the Contractor’s creditors, or if a receiver is appointed because of the Contractor's insolvency.
• The City has made a determination that the Contractor will be unable to complete the Work on or before the completion date as adjusted by Change Order, or the Contractor has not completed the Work on or before the completion date as adjusted by Change Order.
• The Contractor abandons the Work.
• The Work or any portion is sublet or assigned without the City’s consent.
• The rate of progress is not in accordance with the Contract.
• Any portion of the Work is unnecessarily delayed.
• The Contractor willingly violates any terms or conditions of the Contract.
• The Contractor does not supply sufficient materials or properly skilled and staffed labor.
• The Contractor fails to promptly pay its Subcontractors.
• The Contractor disregards laws, ordinances, or City orders.
• The Contractor fails to correct defective work in response to defective work notices.
• The Contractor fails to comply with written directives.
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5-23.02 Termination After Contract Time
In addition to any other rights it may have, the City may terminate the Contract or the Contractor’s right to proceed at any time after the Contract Completion Date, as adjusted by Change Order. Upon such termination, in addition to the Contractor’s other obligations under the Contract, the Contractor shall not be entitled to receive any compensation after such termination until the Work is completed, and the Contractor shall be liable to the City for liquidated damages for all periods of time from the Contract Completion Date, as adjusted by Change Order, until the date of completion, as well as for all losses incurred by the City in completing the Work, as set forth in Section 5-23.04 of these General Provisions.
5-23.03 Notice of Termination; City Completion
If grounds exist under Sections 5-23.01B or 5-23.02 above, then the City may issue to the Contractor and its sureties a Notice of Intent to Terminate the Contract or the Contractor’s Control Over the Work for Cause. The Notice shall state the grounds for termination for cause that exist and demand that Contractor cure the grounds, or make satisfactory arrangement for cure of the grounds, within ten (10) days of the date of the Notice, or else the City will terminate the Contract or the Contractor’s control over the Work.
If the Contractor fails to cure the grounds, or make satisfactory arrangement for cure of the grounds, stated in the Notice of Intent to Terminate within ten (10) days of the date of the Notice of Intent to Terminate, the City may give written Notice of Termination for Cause to the Contractor and the Contractor's sureties that the Contract, or a portion of the Contract, has been terminated and/or that the Contractor's control over the Work, or a portion of the Work, has been terminated for the reasons stated in the Notice of Termination. The Notice shall also demand that Contractor’s surety take over and perform the Work through Completion. The Contractor’s surety shall then have the right to take over and perform the Work through Completion. The City may take over the Work through Completion at the Contractor’s and surety’s expense if the surety does not commence performance within thirty (30) Calendar Days from the date of mailing the Notice of Termination or if immediate resumption of the Work is necessary to avoid significant additional cost.
If the City is forced to take over the Work, it may prosecute the same to completion by day labor, by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor and its sureties, and the Contractor and its sureties shall be liable to the City for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, the City may, without liability, take possession of and utilize in completing the Work, the Contractor’s materials whether stored at the Site or elsewhere, that are necessary for completion. The City may also take possession of and use all or any part of the Contractor’s tools, equipment and appliances on the premises to complete the Work. The City assumes the responsibility for returning such equipment in as good condition as when it was taken over, reasonable wear and tear excepted. The items shall be returned to the Contractor when the Work is complete or sooner, at the City’s discretion. The City agrees to pay a reasonable amount for the use of such tools and equipment.
The Contractor hereby assigns to the City all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by the City in writing, and only as to those orders and/or contracts 298
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which the City designates in writing.
Whenever the Contract or the Contractor’s control over the Work is terminated for cause, the Contractor and its sureties and shall be liable to the City for liquidated damages for all periods of time from the Contract Completion Date, as adjusted by Change Order and whether or not the termination date precedes or post-dates the adjusted Contract Completion Date, until the date of completion, as well as for all losses incurred by the City in completing the Work, as set forth in Section 5-23.04 of these General Provisions.
Immediately upon receipt of a Notice of Termination for Cause or for Convenience, except as otherwise directed in writing by the City, the Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the Notice of Termination.
2. Place no further orders or subcontracts for materials, services, or facilities except as necessary to complete the portion of the Work that is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination.
4. Assign to the City, in the manner, at the times, and to the extent directed by the City, all of the rights, titles, and interests of the Contractor under the orders and subcontracts so terminated. The City shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts with the approval or ratification of the City. The City's approval or ratification shall be final.
6. Transfer title to the City, and deliver in the manner, at the times, and to the extent directed by the City, fabricated or unfabricated parts, work in process, completed work, supplies, other material produced as a part of, or acquired in connection with, the terminated work, and the completed or partially completed drawings, information, and other property that, if the Contract had been completed, would have been submitted to the City.
7. Sell, in the manner, at the times, to the extent, and at the price that the City directs or authorizes, any property of the types referred to in Item 6 of this Section (Section 5-23.03). The Contractor is not required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed and at a price approved by the City. The proceeds of any such transfer or disposition shall be used to reduce any payments made to the Contractor under the Contract or be credited to the cost of the work covered by the Contract or paid as the City directs.
8. Complete performance of the Work not terminated by the Notice of Termination.
9. Take necessary action, or as the City directs, to protect and preserve the 299
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property related to the Contract in which the City has an interest.
5-23.04 Payments to Contractor Upon Termination of Contract
In the event of a termination for convenience, the Contractor and the City may agree upon an amount paid to the Contractor for the total or partial termination of the Contract or of the Contractor’s control over the Work. The amount may include those items specified in Chapter 9, “Changes and Claims”, of these General Provisions. However, such agreed amount shall not exceed the Total Contract Price, reduced by the amount of payments already made and the Contract price of work not terminated. The Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount.
If the Contractor and the City fail to agree on the amount to pay the Contractor because of the termination for convenience under this Section, the City shall determine the amount due the Contractor.
In the event of a termination for cause, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City in finishing the work, plus all damages sustained or to be sustained by the City, including, without limitation, legal expenses, City forces, administration and management, direct and indirect, plus liquidated damages, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the Work, provided that sworn statements of said claims shall have been filed as required by Chapter 9, “Changes and Claims”, of these General Provisions, the excess not otherwise required by the Contract Documents to be retained shall be paid to the Contractor. If the sum so expended to complete, plus the City’s damages as described herein, plus liquidated damages, plus unpaid claims as described herein exceeds the unpaid balance of the Total Contract Price, the Contractor and the Contractor's surety are liable to the City for the amount of such excess.
5-23.05 Completion Not a Waiver of City Rights
No act by the City before the Work is finally accepted shall operate as a waiver or stop the City from acting upon any subsequent event, occurrence or failure by the Contractor to fulfill the terms and conditions of the Contract. The rights of the City pursuant to this Section 5-23 and all of its subsections are in addition to all other rights of the City pursuant to the Contract, and at law or in equity.
5-23.06 Survival of Obligations
No termination of this Contract or of the Contractor’s control over the Work shall excuse or otherwise relieve the Contractor of its responsibilities under the Contract with respect to any Work performed prior to the date of termination, including, without limitation, its obligation to perform the Work in a good and workmanlike manner, free of defects, and in accordance with the Contract, its warranty obligations with respect to the Work, and its obligation to make all payments due. All of the Contractor’s responsibilities under the Contract with respect to the Work performed prior to the date of termination shall survive any termination.
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5-24 TERMINATION OF UNSATISFACTORY SUBCONTRACTS
When any portion of the Work subcontracted by the Contractor is not prosecuted in a satisfactory manner, the Contractor shall immediately terminate the subcontract upon written notice from the City. The Subcontractor shall not again be employed for any portion of the work on which the Subcontractor's performance was unsatisfactory. Substitution of a new subcontractor shall be accomplished in accordance with California Code.
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CHAPTER 6 - LEGAL RELATIONS AND RESPONSIBILITIES
TABLE OF CONTENTS
Section Page
6-1 COMPLIANCE WITH LAWS AND REGULATIONS
.................................................. 59
6-1.01 Hours of Labor ............................................................................................. 59 6-1.03 Payroll Records ........................................................................................... 61 6-1.04 Nondiscrimination ........................................................................................ 63 6-1.05 Apprentices ................................................................................................. 63 6-1.06 Workers’ Compensation ............................................................................... 63 6-1.07 Fair Labor Standards ................................................................................... 64 6-1.08 Contractors License ..................................................................................... 64 6-1.09 Use of Pesticides ......................................................................................... 64 6-1.10 Reporting Requirements and Sanctions ......................................................... 64 6-1.11 Subcontracting ............................................................................................ 65 6-1.12 Occupational Safety and Health .................................................................... 65 6-2 INDEMNIFICATION ...................................................................................................... 66 6-2.01 Contractor's Performance ............................................................................. 66 6-2.02 Indemnification of Adjacent Property Owners ................................................. 67 6-3 CONTRACTOR'S LEGAL ADDRESS ..................................................................... 67 6-4 CONTRACTOR NOT AN AGENT OF CITY .................................................................. 67 6-5 SUBSTITUTION OF SUBCONTRACTORS .................................................................. 67 6-6 ASSIGNMENT OF CONTRACT ................................................................................... 68 6-7 ASSIGNMENT OF MONIES ......................................................................................... 68 6-8 PROTECTION OF CITY AGAINST PATENT CLAIMS .................................................. 68 6-9 RESPONSIBILITY OF THE CONTRACTOR ................................................................ 68 6-10 PERMITS AND LICENSES ......................................................................................... 69 6-11 GENERAL SAFETY REQUIREMENTS ...................................................................... 70 6-11.01 Compliance With Safety & Health Regulations .............................................. 70 6-11.02 24-Hour Contact Information ....................................................................... 70 6-11.03 Work During Hours of Darkness .................................................................. 70 6-12 PUBLIC CONVENIENCE AND SAFETY .................................................................... 71 6-12.01 Public Convenience ................................................................................... 71 6-12.02 Pedestrian and Bicyclist Access .................................................................. 71 6-12.03 Written Notification To Residences and Businesses ...................................... 71 6-12.04 Access To Driveways, Houses and Buildings ................................................ 71 6-12.05 Property Damage ....................................................................................... 72 6-12.06 Erection of Signs To Expedite Passage of Vehicles ....................................... 72 6-12.07 Traffic Obstructions, Delays and Inconveniences .......................................... 72 6-12.08 Work On Private Property ........................................................................... 72 6-12.09 Hazardous Conditions Created .................................................................... 72 302
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CHAPTER 6 - LEGAL RELATIONS AND RESPONSIBILITIES
TABLE OF CONTENTS (continued)
6-13 PUBLIC SAFETY AND TRAFFIC CONTROL ............................................................. 73 6-13.01 General ..................................................................................................... 73 6-13.02 Responsibility For Safety ............................................................................ 73 6-13.03 Passage of Emergency Vehicles ................................................................. 73 6-13.04 Furnishing, Installing, and Maintaining Traffic Controls .................................. 73 6-13.05 Inadequate Traffic Controls and After-Hour Maintenance and Repairs ............ 73 6-13.06 Competent Flaggers ................................................................................... 73 6-13.07 Construction Signs ..................................................................................... 74 6-13.08 Temporary Bridging of Excavations and Trenches ........................................ 74 6-13.09 Entering and Leaving the Construction Zone ................................................ 75 6-13.10 Existing Traffic Signals and Lighting Systems, Signs and Pavement Markings .................................................................................................. 75 6-13.11 Bus Stops ................................................................................................. 75 6-13.12 Dust .......................................................................................................... 75 6-13.13 Removal of Spillage From Roadway ............................................................ 75 6-14 CONFINED SPACES ................................................................................................. 76 6-14.01 Contractor Responsibilities and Qualifications............................................... 76 6-14.02 Existing Sewers and Storm Drains ............................................................... 77 6-14.03 Joint City – Contractor Entries ..................................................................... 77 6-15 TRAFFIC CONTROL PLANS (TCP) ........................................................................... 77 6-15.01 Traffic Pattern Changes .............................................................................. 77 6-15.02 Traffic Control Plans (TCP) ......................................................................... 77 6-16 BARRICADING OPEN TRENCHES ........................................................................... 78 6-17 EXISTING UTILITIES ................................................................................................. 78 6-17.01 General ..................................................................................................... 78 6-17.02 Maintenance and Protection ........................................................................ 78 6-17.03 Exact Locations Unknown ........................................................................... 78 6-17.04 Underground Service Alert (USA) ................................................................ 79 6-17.05 Damage to Existing Utilities......................................................................... 80 6-17.06 Markings ................................................................................................... 80 6-18 APPROVAL OF CONTRACTOR'S PLANS NO RELEASE FROM LIABILITY ............. 81 6-19 CONTRACTOR SHALL NOT MORTGAGE EQUIPMENT .......................................... 81 6-20 PROPERTY RIGHTS IN MATERIALS ........................................................................ 81 6-21 EXCAVATION AND TRENCH SAFETY ...................................................................... 82 6-21.01 Permit ....................................................................................................... 82 6-21.02 Shoring, Bracing. Shielding, and Sheeting .................................................... 82 6-22 PRESERVATION OF PROPERTY ............................................................................. 82 6-23 OVERLOADING ......................................................................................................... 83
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CHAPTER 6 LEGAL RELATIONS AND RESPONSIBILITIES
6-1 COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor shall be familiar and comply with all Federal, State, and local laws, ordinances, codes and regulations which in any manner affect the Work, those engaged or employed in the Work or the material or equipment used in or upon the Work, or in any way affect the conduct of the Work. No pleas of misunderstanding of such laws, ordinances, codes, or regulations or of ignorance of the same on the part of the Contractor shall modify the provisions of the Contract. The Contractor and the Contractor’s surety shall indemnify, defend and save harmless the City and the City’s officers, officials, agents, employees, volunteers, members, affiliates and their duty authorized representatives against any claim for liability arising from, or based upon, the violation of any such law, ordinance, regulation, decree, or order, whether by the Contractor or by the Contractor’s employees.
The attention of the Contractor is directed to certain laws that affect the Contract. The listing of these laws in this Chapter is not to be construed as a listing of all applicable laws. The Contractor is solely responsible for familiarity and compliance with all applicable laws.
Particular attention is called to the following:
6-1.01 Hours of Labor
Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any Subcontractor under the Contractor, in the execution of the Contract, shall not require more than eight (8) hours of labor in any Calendar Day, and forty (40) hours of labor in any calendar week, from any person employed by the Contractor in the performance of the Work under the Contract, except as permitted under the provisions of Labor Code Sections 1810 to 1815 of the Labor Code of the State of California. The Contractor shall forfeit, as penalty to the City, the amount specified in Labor Code section 1813 for each worker employed by the Contractor or any Subcontractor under the Contractor in the execution of the Contract for each Calendar Day during which any worker is required or permitted to labor more than eight (8) hours and for each calendar week during which any worker is required or permitted to labor more than forty (40) hours, in violation of the provisions of Labor Code Sections 1810 to 1815.
Overtime shall be paid at the rate of not less than one and one half (1 1/2) times the basic rate of pay, or at such higher rate as may be required by the DIR, applicable statutes or collective bargaining agreements.
The City reserves the right to approve or disapprove the days scheduled for work, and the hours during which work is in progress. Overtime and shift work may be established by the Contractor with reasonable notice and the written permission of the City. Unless a different schedule for work is specified or approved by the Project Manager, no work other than overtime and shift work shall be done between the hours of 7:00 p.m. and 7:00 a.m., except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency. Failure of the Contractor to perform the work in accordance with this policy shall be deemed to be a failure on the Contractor’s part to comply with the Contract and is cause for termination.
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6-1.02 Prevailing Wage
Pursuant to Labor Code Section 1772, workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work as defined in Labor Code Sections 1720-1725. Therefore, the Contractor and all Subcontractors on the Project shall pay not less than the prevailing rate of per diem wages, including, but not limited to, overtime, Saturday, Sunday, and holiday work, travel and subsistence, as determined by the Director of the DIR pursuant to Labor Code Section 1773. Copies of such prevailing rate of per diem wages are available upon request at the office of the City Clerk at Rocklin3970 Rocklin Road, Rocklin, CA 95677 or on the internet at http://www/dir/ca/gov/OPRL/PWD.
The Contractor shall obtain and post copies of these prevailing wage rates in a prominent place at the job site, in accordance with the regulations of the DIR.
The responsibility to check prevailing wage rates is the Contractor’s. Pursuant to Labor Code Section 1773.4 the Contractor may file with the Director of DIR or the Chief of the Division of Labor Standards Enforcement (“DLSE”) a petition to review a determination of any rate or rates made by the Director of DIR. The Contractor may also petition the Director of DIR to make a determination for a particular craft, classification or type of work not covered by a general determination. Pending the review or determination, the wages may be assumed to be those in the applicable collective bargaining agreement, but no adjustment in the Bid or Total Contract Price shall be made if such assumption is incorrect.
The wage rates determined by the Director of the California DIR refer to expiration dates.
Prevailing wage determinations with a single asterisk (*) after the expiration date that are in effect on the date of Notice to Contractors remain in effect for the duration of the Project.
Prevailing wage determinations with double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime and holiday wage rates, and employer payments to be paid for work performed after this date have been determined. If work extends past this date, the new rate shall be paid and should be incorporated in contracts entered into for the Project.
The Contractor should contact the DIR as indicated in the prevailing wage determinations to obtain predetermined wage changes. All determinations that do not have double asterisks (**) after the expiration date remain in effect for the duration of the Project.
The Contractor agrees that in the event of underpayment of wages to any employee on the Project, whether by the Contractor or any Subcontractor, the City may retain from payments due to the Contractor, an amount sufficient to pay such worker the difference between the wages required to be paid by the DIR and the wages actually paid such worker for the total number of hours worked. The City may disburse such retention to such employees.
For each worker paid less than the applicable prevailing wages for any work done under this Contract by the Contractor or any Subcontractor, the Contractor shall forfeit to City as a penalty the sum determined by the Labor Commissioner in accordance with the considerations set forth in Labor Code Section 1775, over and above any retention or withholds otherwise authorized by the Contract. If a worker employed by a Subcontractor is paid less than the prevailing wages by the Subcontractor, the Contractor is not subject to this penalty assessment if the Contractor can demonstrate that it did not have knowledge of that failure of the Subcontractor to pay the prevailing wages and that it strictly complied with the 305
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requirements of Labor Code Section 1775(b). In addition to applicable penalties, the Contractor or Subcontractor shall pay each worker the difference between the prevailing wage and the amount paid for every hour the worker was paid less than the prevailing wage.
6-1.03 Payroll Records
Contractor shall comply with Labor Code Section 1776. Regulations implementing Section 1776 are located in Section 16000 and Sections 16401 through 16403 of Title 8, California Code of Regulations. The Contractor shall be responsible for compliance by all Subcontractors on the Project.
The Contractor and Subcontractors shall keep accurate payroll records, showing the name, address, Social Security number, work classification, dates of payroll period, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and by each Subcontractor in connection with the Work. Such records shall be certified under penalty of perjury that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by its employees, and shall be available for inspection at all reasonable hours at the principal offices of the Contractor and Subcontractors in a manner set forth in Labor Code Sections 1776 and 1812. The Contractor shall be held responsible for all Subcontractors' compliance with this requirement.
Failure to submit timely, complete certified payrolls when requested shall entitle the City to withhold payment from the Contractor. Additionally, in the event of noncompliance with this section, the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply. In the event of continued noncompliance, the penalties specified in subdivision (h) of the Labor Code section 1776 may be deducted from progress payments to the Contractor.
The Contractor shall not carry on its payrolls any person not actually employed by the Contractor, nor shall it carry on its payrolls employees of a Subcontractor. The Contractor shall show on its payrolls all persons actually employed by the Contractor on the Project, in any capacity. The Contractor shall supervise all Subcontractors to ensure that all Subcontractors comply with this Section.
In accordance with Government Code Section 8546.7, or any amendments thereto, all books, records, and files of the Contractor, or any Subcontractor connected with the performance of this Contract, shall be subject to examination and audit by the California State Auditor for a period of three (3) years after final payment. Contractor shall preserve and cause to be preserved such books, records and files for the audit period.
6-1.03A Additional Requirements for Labor Compliance
The Contractor shall comply with the following additional requirements and shall cause all Subcontractors on the Project, whether under contract with the Contractor or under contract with any Subcontractor, to comply.
The records kept by the Contactor and all subcontractors of the hours and wages of all employees employed on Project also shall be open at all times for inspection by the DIR and 306
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DLSE, in accordance with Sections 1776 and 1812 of the Labor Code. Such records shall be furnished electronically to the Labor Commissioner of the DIR monthly, unless more frequent submission is required herein, and shall be furnished within 10 days of any separate request by the DIR or DLSE. Payroll records shall be furnished in a format prescribed by section 16401 of Title 8 of the California Code of Regulations, with use of the current version of DIR’s “Public Works Payroll Reporting Form” (A-1-131) and “Statement of Employer Payments” (DLSE Form PW26) constituting presumptive compliance with this requirement, provided the forms are filled out accurately and completely. Payroll data can be entered manually or uploaded into the electronic certified payroll reporting (eCPR) system once it is available.
On a random basis and at such other times as it deems appropriate, the DIR also may confirm the accuracy of payroll reports, including by corroboration of information in payroll reports through independent sources, including without limitation worker interviews, examination of any time and pay records found within the definition of “Payroll Records” in section 16000 of Title 8 of the California Code of Regulations, direct verification of “Employer Payments” (as defined at section 16000 of Title 8 of the California Code of Regulations) through third-party recipients of those payments, or any other legal and reasonable method of corroboration. As part of its confirmation process, the DIR may require the Contractor and any of its subcontractors to furnish for inspection itemized statements prepared in accordance with Labor Code Section 226. The DIR may conduct random confirmation based on a recognized statistical sampling of the records submitted.
The DIR may conduct in-person inspection(s) at the site or sites at which the Work of the Project is being performed (“On-Site Visits”). On-Site Visits may include visual inspection of required job site notices, including but not limited to (1) the determination(s) of the Director of DIR of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2; (2) the Notice of pay days and time and place of payment required by Labor Code Section 207; and (3) any other notices prescribed by law.
On-Site Visits may also include inspections of records, inspections of the work site and observation of work activities, interviews of workers and others involved with the Project, and any other activities deemed necessary by the DIR to ensure compliance with prevailing wage requirements. In accordance with Labor Code Section 90, the Labor Commissioner and his deputies and agents shall have free access to any construction site or other place of labor and may obtain any information or statistics pertaining to the lawful duties of the Labor Commissioner, including but not limited to evidence of compliance with Labor Code Section 226 (itemized wage statements for employees) and any other laws enforced by the Labor Commissioner.
In accordance with Section 16463 of Title 8 of the California Code of Regulations (“8 CCR Section 16463”), the City may, on its own or if required by the Labor Commissioner, withhold funds due to the Contractor when payroll records are delinquent or inadequate. The amount withheld shall be those payments due or estimated to be due to the Contractor or Subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the Contractor or Subcontractor whose payroll records are delinquent or inadequate. The Contractor shall cease all payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured the delinquency or deficiency. When payments are withheld under 8 CCR Section 16463, the Labor Commissioner will provide the Contractor and Subcontractor, if applicable, with immediate written notice that includes all of the following: (1) 307
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a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies what amounts the City has been directed to withhold; and (3) informs the Contractor or Subcontractor of the right to request an expedited hearing to review the withholding of payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Commissioner has exceeded his or her authority under 8 CCR Section 16463. Where the violation is by a Subcontractor, the Contractor shall be notified of the nature of the violation and reference shall be made to Contractor’s rights to withhold or recover payments from the Subcontractor under Labor Code Section 1729. The withholdings under 8 CCR Section 16463 do not preclude assessment of penalties under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records, as set forth above.