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2011/01/25 City Council Resolution 2011-07RESOLUTION NO. 2011-07 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING MASTER DESIGN PROFESSIONAL AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES WITH GREEN VALLEY WHEREAS, the City desires general municipal engineering services, general city planning services, development review services, design services and construction management services related to capital projects and studies; and WHEREAS, Green Valley is qualified to provide such services. NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between GreenValley, a California Corporation, and the City of Rohnert Park, a municipal corporation, for general municipal engineering services, general city planning services, development review services, design services and construction management services related to capital projects and studies. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 25th day of January, 2011. CITY OF ROHNERT PARK AHANOTU: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 MASTER AGREEMENT WITH GREEN VALLEY CONSULTING ENGINEERS FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is entered into as of the day of , 2011, by and between the CITY OF ROHNERT PARK ( "City "), a California municipal corporation, and Green Valley Consulting Engineers, ( "Design Professional "), a California Corporation. Recitals WHEREAS, City desires to obtain design professional services on an as- needed basis; WHEREAS, Design Professional hereby represents to City that Design Professional is skilled and able to provide such services described in Section 1 of this Agreement; and WHEREAS, City desires to retain Design Professional pursuant to this Agreement to provide the services described in Section 1 of this Agreement. Agreement NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Design Professional shall perform the services set out in the "Design Consultant Requirements" ( "Services ") attached hereto as Exhibit A. Additional work for specific projects may be authorized by separate "Task Order" in accordance with the terms of this Agreement. Design Professional's place of work is at 335 Tesconi Circle, Santa Rosa, CA 95401. 2. Time of Performance. The term of this Agreement shall be from the date of its execution until December 31, 2015, unless earlier terminated in accordance with Section 18, and may be extended for successive one -year term(s) upon mutual, written approval by the City Manager and /or his/her designee and Design Professional. A. Work authorized by a separate Task Order as contemplated by this Agreement shall be subject to the Schedule of Performance set forth in the Task Order. B. The services of Design Professional are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed Agreement/Task Order from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Any changes to the dates in this Section or in the Task Order must be approved in writing by City. -1- 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #4844 -8147 -5591 v105 Compensation and Method of Payment. A. Compensation. The compensation to be paid to Design Professional, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit B. Under no circumstances shall the total amount City pays Design Professional for the Services exceed Forty-five Thousand Dollars ($45,000); provided, however, that work authorized by a separate Task Order as contemplated by this Agreement shall be subject to the compensation set forth in the individual Task Order and may exceed $45,000. The total amount authorized for the Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to City at the time of payment. B. Timing of Payment. (1) Design Professional shall submit itemized monthly invoices for work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Design Professional for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Design Professional services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Design Professional will not undertake any work that will incur costs in excess of the amount set forth in Section 3(A) without prior written amendment to this Agreement. D. Standard of Quality. City relies upon the professional ability of Design Professional as a material inducement to entering into this Agreement. All work performed by Design Professional under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Design Professional's field of expertise. E. Taxes. Design Professional shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Design Professional. F. No Overtime or Premium Pay. Design Professional shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non - standard business hours, such as in the evenings or on weekends, unless specifically required by the applicable task order and authorized -2- 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #4844 - 8147 -5591 v105 by City in writing. Design Professional shall not receive a premium or enhanced pay for work performed on a recognized holiday. Design Professional shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. 4. Amendment to Task Order and /or Scope of Services. City shall have the right to amend the Task Order and /or Scope of Services within the Agreement by written notification to the Design Professional. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Design Professional to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. 5. Duties of City. City shall provide all information requested by Design Professional that is reasonably necessary to performing the Scope of Work. City retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. 6. Ownership of Documents. A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents "), shall be and remain the property of City, whether the Services are completed or not. Design Professional shall deliver all Documents to City upon (1) the completion of the Services, (2) the date of termination of this Agreement for any reason, (3) request by City in writing, or (4) payment of all monies due to Design Professional. B. The Documents may be used by City and its officers, elected officials, employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable without further employment of or payment of any compensation to Design Professional. If City desires to modify Documents before using them, City shall obtain written consent from Design Professional for any such modification, and such consent shall not unreasonably be withheld. If City modifies Documents without obtaining written consent from Design Professional, Design Professional shall not be liable to City for any damages resulting from use of such modified Documents, provided that the Design Professional was not a proximate cause of such damages. C. Design Professional retains the copyright in and to the intellectual property depicted in the Documents subject to Design Professional's limitations and City's rights and licenses set forth in this Agreement. City's ownership interest in the Documents includes the following single, exclusive license from Design Professional: Design Professional, for itself, its employees, heirs, successors and assigns, hereby grants (and if any subsequent, grant is necessary, agrees to grant) to City an irrevocable, perpetual, royalty -free, fully paid, sole and exclusive license and right to use and exercise any and all of the copyrights or other intellectual property rights that Design Professional may author or create, alone or jointly with others, in or -3- 12578040A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #4844 -8147 -5591 v105 with respect to the Documents, including without limitation all analysis, reports, designs and graphic representations. City's license shall include the right to sublicense, shall be for all purposes with respect to each right of copyright, and shall be without restriction. D. Design Professional shall include language that is consistent with this Section 6 in all subcontracts and agreements that Design Professional negotiates with respect to the Services. E. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its Services pursuant to this Agreement are confidential until released by City to the public, and the Design Professional shall not make any of these documents or information available to any individual or organization not employed by the Design Professional or City without the written consent of City before any such release. This provision shall not apply to information that (1) is already in the public domain, (2) was previously known by Design Professional, (3) Design Professional is required to provide by law, or (4) reasonably required by Design Professional to conduct its defense in a legal or similar proceeding, so long as Design Professional notifies City in writing before use of such information. 7. Employment of Other Design Professionals, Specialists or Experts. A. Design Professional will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of City. Any consultants, specialists or experts approved by City are listed in Exhibit D. B. Design Professional represents that it has, or will secure at its own expense, all personnel required in performing the Services. All of the Services required hereunder will be performed by the Design Professional or under Design Professional's supervision, and all personnel engaged in the work shall be qualified to perform such services. C. Design Professional shall make every reasonable effort to maintain stability and continuity of Design Professional's key personnel assigned to perform the Services. Key personnel for this contract are listed in Exhibit D. D. Design Professional shall provide City with a minimum twenty (20) days prior written notice of any changes in Design Professional's Key Personnel, provided that Design Professional receives such notice, and shall not replace any Key Personnel with anyone to whom City has a reasonable objection. E. Design Professional will not utilize subconsultants other than those listed in Exhibit D without advance written notice to City. Design Professional will not utilize a subconsultant to whom City has a reasonable objection. Subconsultants providing professional services will provide professional liability insurance as required in Exhibit C unless City waives this requirement, in writing. ME 1257804v1A 80078/0012 OAK #4844 - 8147 -5591 v4 OAK #4844 -8147 -5591 v105 8. Conflict of Interest. A. Design Professional understands that its professional responsibility is solely to City. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to City and take such action as City may direct to remedy the conflict. B. Design Professional (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Design Professional's Services hereunder. Design Professional further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. C. Design Professional is not a designated employee within the meaning of the Political Reform Act because Design Professional: (1) Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official other than normal contract monitoring; and (2) Possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation or counsel (FPPC Reg. 18700(a)(2)). 9. Interest of Members and Employees of City. No member of City and no other officer, elected official, employee, agent or volunteer of City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects its personal interests or the interest of any corporation, partnership or association in which he /she is directly or indirectly interested. 10. Liability of Members and Employees of City. No member of City and no other officer, elected official, employee, agent or volunteer of City shall be personally liable to Design Professional or otherwise in the event of any default or breach of City, or for any amount which may become due to Design Professional or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. 11. Indemnity. A. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal -5- 1257804v1A 80078/0012 OAK #4844 - 8147 -5591 v4 OAK #4844 -8147 -5591 v105 counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, elected officials, employees, agents, and volunteers (collectively "Indemnitees ") from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Design Professional or its subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, reasonable court costs and reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities "). Such negligence, recklessness, or willful misconduct includes without limitation the failure of Design Professional to disclose information known by Design Professional to be material to performing the Services. Such obligations to defend, hold harmless and. indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the negligence, active negligence, or willful misconduct of such Indemnitee. Notwithstanding any provision of this Agreement to the contrary, the extent of Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by the provisions of California Civil Code Section 2782.8. B. Neither termination of this Agreement nor completion of the Services shall release Design Professional from its obligations under this Section 11, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion. C. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement. If Design Professional fails to obtain such indemnity obligations from others as required, Design Professional shall be fully responsible for all obligations under this Section. City's failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. The obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. D. Design Professional's compliance with the insurance requirements does not relieve Design Professional from the obligations described in this Section 11, which shall apply whether or not such insurance policies are applicable to a claim or damages. 12. Independent Contractor. It is understood that Design Professional, in the performance of the work and services agreed to be performed by Design Professional, shall act as and be an independent contractor as defined in Labor Code 3353 and not an agent or employee of City; and as an independent contractor, Design Professional shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Design Professional hereby expressly waives any claim it may have to any such rights. Design Professional, its officers, employees and agents shall not have any power to bind or commit City to any decision. I on 1257804v1A 80078/0012 OAK #4844 - 8147 -5591 v4 OAK #4844 -8147 -5591 v105 13. Compliance with Laws. A. General. Design Professional shall (and shall cause its agents and subcontractors), at its sole cost and expense, comply with all applicable federal, state and local laws, codes, ordinances and regulations now in force or which may hereafter be in force during the term of this Agreement. Any corrections to Design Professional's reports or other Documents (as defined in Section 6) that become necessary as a result of Design Professional's failure to comply with these requirements shall be made at the Design Professional's expense. B. Updates. Should Design Professional become aware that the requirements referenced in subparagraph A above change after the date of a report or other Document is prepared, Design Professional shall be responsible for notifying City of such change in requirements. Design Professional will bring the Documents into conformance with the newly issued requirements at the written direction of City. Design Professional's costs for providing services pursuant to this paragraph shall be submitted to City as Additional Services. C. Licenses and Permits. Design Professional represents that it has the skills, expertise, licenses and permits necessary to perform the Services. Design Professional shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which Design Professional is engaged. All products of whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Design Professional's profession. Permits and /or licenses shall be obtained and maintained by Design Professional without additional compensation throughout the term of this Agreement. Except as otherwise allowed by City in its sole discretion, Design Professional and all subconsultants shall have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid throughout the term of this Agreement. D. Documents Stamped. Design Professional shall have documents created as part of the Services to be performed under this Agreement stamped by registered professionals for the disciplines covered by Design Professional's Documents as required by Section 6735 of the Business and Professionals Code or any other applicable law or regulation. Design Professional shall not be required to stamp any documents not prepared under its direct supervision. The City will not be charged an additional fee to have such documents stamped. . E. Workers' Compensation. Design Professional certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and Design Professional certifies that it will comply with such provisions before commencing performance of this Agreement. F. Prevailing Wage. Design Professional and Design Professional's sub - consultants, shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article -7- 1257804v1A 80078/0012 OAK #48448147 -5591 v4 OAK #4844 -8147 -5591 v105 2. Copies of the applicable wage determination are on file at City Clerk's office. This provision to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.17. G. Injury and Illness Prevention Program. Design Professional certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program. H. City Not Responsible. City is not responsible or liable for Design Professional's failure to comply with any and all of the requirements set forth in this Agreement. 14. Nonexclusive Agreement. Design Professional understands that this is not an exclusive Agreement and that City shall have the right to negotiate with and enter into contracts with others providing the same or similar services as those provided by Design Professional as City desires. 15. Confidential Information. All data, documents, discussions or other information developed or received by or for Design Professional in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, as required by law, or as otherwise allowed by this Agreement. 16. Insurance. Design Professional shall provide insurance in accordance with the requirements of Exhibit C. 17. Assignment Prohibited. Design Professional shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of City and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. 18. Termination. A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or services, or fails in any respect to properly and diligently prosecute its Services, or otherwise fails to perform fully any and all of the agreements herein contained, Design Professional shall be in default. B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional and (1) complete any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; and /or (2) terminate Design Professional's right to proceed with this Agreement. -8- 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #4844 -8147 -5591 v105 C. In the event City elects to terminate, City shall have the right to immediate possession of all Documents and work in progress prepared by Design Professional, whether located at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the Services and provide the materials therefor. In case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Services are completely finished. D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72- hours' written notice to Design Professional ( "Termination for Convenience "). In the event of a Termination for Convenience, Design Professional shall be entitled to payment in an amount that shall be calculated as follows: (1) payment for Services then satisfactorily completed and accepted by City, plus (2) reimbursable expenses actually incurred by Design Professional, as approved by City. The amount of any payment made to Design Professional prior to the date of termination of this Agreement shall be deducted from the amounts described in (1) and (2) above. Design Professional shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination and payment. In addition, City's right to withhold funds under Section B.C. shall be applicable in the event of a termination for convenience. E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a Termination for Convenience under this Section 18 and Design Professional shall be entitled to receive only the amounts payable under Section 18.D. 19. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as he /she deems necessary due to unfavorable conditions or to the failure on the part of the Design Professional to perform any provision of this Agreement. Design Professional will be paid for satisfactory Services performed through the date of temporary suspension. In the event that Design Professional's Services hereunder are delayed for a period in excess of six (6) months due to causes beyond Design Professional's reasonable control, Design Professional's compensation shall be subject to renegotiation. 20. Entire Agreement and Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Design Professional and supersedes any previous agreements, whether verbal or written, concerning the same subject matter. This Agreement may only be amended or extended from time to time by written agreement of the parties hereto. 21. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 22. Litigation Support. Design Professional agrees to testify at City's request if litigation is brought against City in connection with Design Professional's Services. Unless the action is brought by Design Professional or is based upon Design Professional's negligence, City -9- 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #48448147 -5591 v105 will compensate Design Professional for the preparation and the testimony at Design Professional's standard hourly rates, if requested by City and not part of the litigation brought by City against Design Professional. 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 24. Time of the Essence. Time is of the essence of this Agreement. 25. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City Engineer City of.Rohnert Park -City Hall 130 Avram Avenue, Second Floor Rohnert Park, CA 94928 If to Design Professional: Liz Ellis Green Valley Consulting Engineers 335 Tesconi Circle Santa Rosa, CA 95401 26. Design Professional's Books and Records. A. Design Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Design Professional. B. Design Professional shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents . required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed -10- 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #48448147 -5591 v105 upon, the records shall be available at Design Professional's address indicated for receipt of notices in this Agreement. D. City may, by written request by any of the above -named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Manager's office. Access to such records and documents shall be granted to any party authorized by Design Professional, Design Professional's representatives, or Design Professional's successor -in- interest. E. Pursuant to California Government Code Section 10527, the parties to this Agreement shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administering the Agreement. 27. Equal Employment Opportunity. Design Professional is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Design Professional will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Design Professional will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay -offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Design Professional further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. 29. Section Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. 30. City Not Obligated to Third Parties. City shall not be obligated or liable for payment hereunder to any party other than the Design Professional. 31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to -11- 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #4844 - 8147 -5591 v105 the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. 32. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 33. No Waiver Of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City. 34. Successors And Assigns. All representations, covenants and warranties. set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. . 35. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Services B. Exhibit B: Compensation — Rates and Schedules C. Exhibit C: Insurance Requirements D. Exhibit D: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional 36. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 37. News Releases /Interviews. All Design Professional and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 38. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such. action shall be held exclusively in a' state court in the County of Sonoma, California. 39. Authoritv. 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 -12- 1257804v1A 80078/0012 OAK #48448147 -5591 v4 OAK #4844 -8147 -5591 v105 any state and /or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Design Professional is obligated, which breach would have a material effect hereon. IN WITNESS WHEREOF, City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK Gabriel Gonzalez, City Manager Date: Per Resolution No. 2011 -07 adopted by the Rohnert Park City Council at its meeting of January 25, 2011 . APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk 12578040A 80078/0012 OAK #4844 -8147 -5591 v4 OAK #4844 -8147 -5591 v105 DESIGN PROFESSIONAL By: _ Title: Date: DESIGN PROFESSIONAL By: _ Title: Date: -13- EXHIBIT A Scope of Services As specifically authorized by separate Task Order, Design Professional may perform the following services: Exhibit A 12578040A 80078/0012 OAK #4844 -8147 -5591 v103 OAK #48448147 -5591 v105 Exhibit A - Scope of Services SCOPE OF SERVICES FOR THE CITY OF ROHNERT PARK As specifically authorized by separate Task Order, Design Professional may perform the following services: APPROACH & SCOPE OF SERVICES The City of Rohnert Park is seeking to retain. professional and technical consultants to provide as- needed specialized municipal engineering, plan checking, surveying, and construction services in a broad area of technical disciplines to augment staff on simple and complex assignments. The City desires Consultants to provide services such as review of current development projects, preparation of plans and specifications for capital improvement projects, contract administration, construction management and inspection, administrative services and other professional services as authorized. The contract for these services will be established for a period not to exceed five years at a cost not to exceed $45,000 per year per contract. Green Valley is capable of providing the following services for the City of Rohnert Park: I. Administrative Duties • Preparation of written council reports, attend meetings and present information to the City Council or Planning Commission. • Analyze the City's needs and prepare and administer long and short -range capital improvement programs consistent with the economic capabilities of the City. • Attend staff level meetings with City staff, public officials, community leaders, developers, contractors and the general public. • Review and provide written comments on land development matters. • Provide technical advice to City personnel related to all matters of municipal engineering, including but not limited to civil, transportation, traffic, soils, and structural engineering. • Establish working relationships and coordination with other public agencies, the public and utility companies involving public works, municipal engineering, and landscape matters. II. Municipal Engineering & Capital Projects • Prepare plans, specifications and estimates for City projects. • Administer City projects, including but not limited to traffic, pavement, buildings, tenant improvement, recreational parks, storm drain and utility projects. • Provide special reports regarding such matters as capital improvements, construction materials, and maintenance. • Process plans and specifications through other agencies for review and approval in connection with special funding programs and permit requirements. Provide all necessary bidding and construction management and inspection services. III. Land Use, Surveying, and Development Review • Review, check and provide written recommendations on land use applications to the City Engineer. • Review tentative and final maps and other proposed development submittals and provide recommendations as to public works, municipal engineering, and landscape matters. Page 1 of 3 • Check all improvement plans for public works, municipal engineering, and landscape improvements under the jurisdiction of the City. • Establish performance, labor and material bond amounts, when required, and require the posting of such securities and other development fees within the proper time sequence of development review. Prepare the needed documentation for agreements and covenants related to subdivision requirements. • Provide field inspection as a City agent during the construction of such improvements by private developers and, at the proper time, recommend notices of completion and acceptance of work. • Provide such necessary and related functions as are the normal practice of the City in the review of private developments. • Provide land surveying expertise and expertise on legal matters related to surveying and real property. IV. Construction Management & Inspection Services • Receive and process requests for inspection services • Provide construction and maintenance observations associated with work performed within City limits. Check engineering plans and specifications and provide construction management, administration, and observation for City projects designed by others. • Provide construction contract administration, encroachment application, sidewalk permits and other miscellaneous inspection as directed by City. V. landscape Architecture • Prepare landscape architecture plans, specifications and cost estimates for City projects • Perform site visits associated with construction as- needed for irrigation and planting components • Prepare specialized reports associated with landscape improvements at civic buildings • Landscape master plans • Playground and Park plans Green Valley Objectives Our objective for each of our projects is to support our client's visions in creating and enhancing their communities that lead to a better quality of life for its citizens. We want our client's projects to be a success in the eyes of the elected officials and community, which means we offer experienced project managers, exemplary service, and attention to details and budgets. Our Approach & Process Our initial task, once we receive the project scope from the City, will be to make a site visit with all team members, including any environmental representative, surveyor, engineer, and City representative. At this time we will document site conditions and any constraints that may impact permitting, possible right of way acquisition efforts, or design. The site will be photographed for future reference in the office. Once a clear understanding of the project has been obtained, we will prepare a pre- design memorandum that identifies the following: • Schedule from design through construction Page 2 of 3 • Permitting agencies that will be involved and the actual permits that will be required from them • Environmental issues and proposed documentation that will be followed, i.e. Negative Declaration, Mitigated Negative Declaration, etc. • Unique components associated with the design such as retaining walls or other structural components, landscaping, lighting, etc. • Estimated construction costs We will circulate the memo to team members and the City for comments and then commence with the design process. To expedite the schedule, immediately following the site visit we will begin with any of the required topographic mapping and boundary surveys. Environmental documentation will be undertaken after the pre- design memo has been approved. Once the design limits have been established we will look at our resources to determine availability and will readjust work loads accordingly to ensure the project goals are met in a timely manner. We recognize that many times for our clients, just as important as schedules and quality design is our client's budgets. This is where we feel that Green Valley excels over our competition. While we have the ability to bring in a national firm to perform services on a large, complicated project, such as a landslide repair adjacent to a major 4 lane road, we know that sometimes all that is needed is a quick report that will give us the necessary information to design a short piece of retaining wall. The strength of our Project Management at Green Valley lies in the ability of the Principal - Liz Ellis - to actively own and manage projects as well as advocate for the project as a vested owner of the firm, who knows the lifelong value of a key client. We work as City Engineers and extensions of City staff for the City of Sebastopol and City of Santa Rosa, both assignments requiring sometimes instantaneous response and firm commitment to schedules. We can produce multiple checklists and forms to show our intent to maintain schedules and budgets but feel the best way for the City of Rohnert Park to gain confidence in Green Valley is to call your peers, and to call Liz! She is available 24/7 to her clients and can be reached on her personal cell at 707 -326 -5620, home at 707 - 526 -3223 or office. Scope of Services - Example Not knowing the specific projects that would be assigned, we have kept our approach general but would tailor the final scope to obviously for the project assigned to us. In general, our approach to each of our projects will include the sample scope of services as follow as separate attachments. Page 3 of 3 EXHIBIT B Compensation Rates and Schedules [See attached page.] Exhibit B 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v103 OAK #4844 -8147 -5591 v105 GreenValle CONSULTING ENGINEERS Restoring Yesterday ... Creating Tomorrow FEE SCHEDULE municipal engineering civil engineering landscape architecture land surveying GREEN VALLEY CONSULTING ENGINEERS Hourly Rates (Effective January 1, 2011) Principal $185 Project Manager $135 -185 Project Engineer $125 -160 Landscape Architect $120 Staff Engineer $120 -$140 Survey Crew $180 -$215 Professional Land Surveyor $135 Construction Manager $135 Inspector $100 Field Personnel $95 CAD Technician $95 -$120 Admin /Word Processing $65 -$70 Use of Company -Owned Equipment and Specialized Supplies The cost of using company -owned equipment and specialized supplies is included in the hourly rates billed to our projects. These costs have either already been incurred as the cost of equipment purchases necessary for us to efficiently perform our tasks or represent a minor incidental cost that we feel should be considered as included in the preparation of professional documents. Miscellaneous External Expenditures Miscellaneous external expenditures, such as those costs associated with reproduction of originals will be billed at the actual cost plus 15 %. We do not charge any mark -up for our sub - consultants. Mileage will be billed at $0.55 per mile. Construction Inspection and Construction Management Vehicle Rates Hourly Rate (up to 8 hours) Daily Rate (8 or more hours) $10.00 /hour $96.00 /day 335 Tesconi Circle, Santa Rosa, California 95401 • web www.gvalley.com • tel 707.579.0388 a fax 7 17.579.3877 EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: MASTER AGREEMENT WITH Design Professional shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits in conformance with the requirements set forth below. Design Professional will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Design Professional agrees to amend, supplement or endorse the existing coverage to do so. Design Professional acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Design Professional in excess of the limits and coverage required in this agreement and that is applicable to a given loss will be available to City. 1. Commercial General Liability Insurance, occurrence form, using Insurance Services Office ( "ISO ") "Commercial General Liability" policy form CG 00 01 or an approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence; 2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01 including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design Professional or its employees will use personal autos in any way in connection with performance of the Services, Design Professional shall provide evidence of personal auto liability coverage for each such person. 3. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employers liability insurance, with minimum limits of $1,000,000 (One Million Dollars) per occurrence. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf of basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Design Professional, subconsultants or others involved in performance of the Services. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Exhibit C 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v103 OAK #4844 -8147 -5591 v105 5. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Design Professional and "Covered Professional Services as designated in the policy must include the type of work performed under this Agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. 6. Insurance procured pursuant to these requirements shall be written by insurers that are authorized to transact the relevant type of insurance business in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 7. General conditions pertaining to provision of insurance coverage by Design Professional. Design Professional and City agree to the following with respect to insurance provided by Design Professional: A. Design Professional agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require all contractors, and subcontractors to do likewise. B. No liability insurance coverage provided to comply with this Agreement, except the Business Auto Coverage policy, shall prohibit Design Professional, or Design Professional's employees, or agents, from waiving the right of subrogation prior to a loss. Design Professional agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. C. All insurance coverage and limits provided by Design Professional and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. D. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. E. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. F. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises, and City shall be responsible for the cost of any additional insurance required. Design Professional shall not make any reductions iri scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Exhibit C 1257804v1A 80078/0012 OAK #4844 - 8147 -5591 v103 OAK #4844 -8147 -5591 v105 G. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Design Professional's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City may terminate this agreement in accordance with Section 18 of the Agreement. H. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Design Professional agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. I. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Design Professional or any subcontractor, is intended to apply first and on .a primary, noncontributing basis in relation to any other insurance or self insurance available to City. J. Design Professional agrees to ensure that subconsultants, and any other party involved with the Services who is brought onto or involved in the Services by Design Professional, provide the same minimum insurance coverage required of Design Professional; provided, however that only subconsultants performing professional services will be required to provide professional liability insurance. Design Professional agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Design Professional agrees that upon request, all agreements with subcontractors and others engaged in the Services will be submitted to City for review. K. Design Professional agrees not to self - insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, consultant or other entity or person in any way involved in the performance of work on the Services contemplated by this agreement to self - insure its obligations to City. If Design Professional's existing coverage includes a deductible or self - insured retention, the deductible or self - insured retention must be declared to City. At that time City shall review options with the Design Professional, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. L. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Design Professional ninety (90) days advance written notice of such change. If such change results in additional cost to the Design Professional, and City requires Design Professional to obtain the additional coverage, City will pay Design Professional the additional cost of the insurance. Exhibit C 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v103 OAK #48448147 -5591 v105 M. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. N. Design Professional acknowledges and agrees that any actual or alleged failure on the part of City to inform Design Professional of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. O. Design Professional will endeavor to renew the required coverages for a minimum of three years following completion of the Services or termination of this agreement and, if Design Professional in unable to do so, Design Professional will notify City at least thirty days prior to the cancellation or expiration of the policy or policies. P. Design Professional shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted -prior to expiration. A coverage binder or letter from Design Professional's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. Q. The provisions of any workers' compensation or similar act will not limit the obligations of Design Professional under this agreement. Design Professional expressly agrees that any statutory immunity defenses under such laws do not apply with respect to City, its officers, elected officials, employees, agents, and volunteers. R. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. S. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. T. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. U. Design Professional agrees to be responsible for ensuring that no contract entered into by Design Professional in connection with the Services authorizes, or purports to authorize, any third party to charge City an amount in excess of the fee set forth in the agreement on account of insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost Exhibit C 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v103 OAK #48448147 -5591 v105 of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. V. Design Professional agrees to provide immediate notice to City of any claim or loss against Design Professional arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit C 1257804v1A 80078/0012 OAK #4844 -8147 -5591 v103 OAK #4844 - 8147 -5591 v105 EXHIBIT D Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional [See attached page.] Exhibit D 12578040A 80078/0012 OAK #4844 - 8147 -5591 v103 OAK #4844 -8147 -5591 v105 Exhibit D - Key Personnel PRIMARY CONTACTS FOR THE CITY OF ROHNERT PARK For the City of Rohnert Park Master Agreement, we have assembled an extremely skilled and motivated team who are each individually and collectively prepared to deliver your projects on time and within budget. Principal -in- Charge, Liz Ellis, and a dedicated staff of over twenty -five are available to the City at all times and include our administrative staff, engineering and surveying staff, and engineering technicians. Staff listed will take on different assignments depending on the scope of work assigned, etc. Liz Ellis, Principal -In- Charge /Project Manager Liz founded Green Valley Consulting Engineers in 1997. After working for 12 years in public and private sectors Liz pursued her vision of creating an organization that reflected her passion for restoring and enhancing communities and the lives of their residents. Liz is an accomplished and experienced project manager and engineer with over 20 years of municipal infrastructure experience. She is known by clients for successfully managing and completing difficult and complex projects on time and often bringing them in early. Her experience includes preparation of preliminary reports and facility plans, parks, pedestrian /bicycle pathways, water and sewer main, design and rehabilitation, project permitting, public participation and facilitation, and Program Management. Liz is very experienced with Caltrans design policies and procedures. Sandra Reed, Project Management & Landscape Architecture Sandy has over 25 years experience in park master planning & design, landscape master planning, streetscapes, commercial, civic and construction documentation. She is a unique asset to the Green Valley team as he not only is a gifted Landscape Architect, but she is also an accomplished Project Manager who leads many of Green Valley's key projects. Will Dawson, Project Designer and Project Manager In his nine -year tenure with Green Valley, Will has been project manager and engineer on many streetscape, road widening, and other municipal facility improvement projects. His extensive experience includes: grading and drainage design, complex hydrology and hydraulic studies, utility infrastructure design, fire flow calculations and modeling of storm water systems. Michael Grimes, Project Manager & Engineer As a dedicated Project Engineer, Michael makes it a priority to provide excellent client relations. Michael is responsible for the preparation of construction documents for residential, commercial, and municipality infrastructure projects for Green Valley. Michael utilizes current storm water mitigation designs to conform to water quality regulations and implements flood control structures when appropriate for clients' projects. In addition, Michael is highly skilled at conducting analysis to complete individual or master design reports including storm water hydrology, hydraulics, and water quality, potable water (both domestic and fire), wastewater, general utility reports and cost analysis for projects. Michael is a QSP /QSD certified to assist with erosion monitoring projects. Rich Turner, Licensed Land Surveyor Rich has over 20 years experience in municipal land surveying. At Green Valley he is responsible for supervising the survey crew in their training, field methodologies and productivity. Steve's experience ranges from topographic surveys, boundary surveys, and ALTA surveys, to construction staking, preparation of right -of -ways, easement documents, and legal descriptions for various projects. Joe Gaffney, Staff Engineer Joe is acting as City Engineer Consultant for North Bay Communities and has worked on many successful state funded projects. Joe currently performs plan check services for the cities of Sebastopol and Santa Rosa and is prepared to bring his combined experience of being able to navigate often encumbering funding requirements with his gift and capabilities of mitigating any potential public concerns to your project.