2008/02/26 City Council Resolution 2008-28RESOLUTION NO. 2008-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
RMC WATER AND ENVIRONMENT
TO DEVELOP AND IMPLEMENT AN OUTREACH AND FINANCIAL ASSISTANCE
PROGRAM FOR SEWER LATERAL INSPECTION AND REPAIR
WHEREAS, in July 2007, the City of Rohnert Park adopted Ordinance No. 789 which
requires sewer lateral inspection and testing, triggered by circumstances such as new sewer
connection, certain changes of use, condominium conversion, or other circumstances as
determined by the City Engineer; and
WHEREAS, Ordinance No. 789 also provides that the City will develop an outreach
program on the new ordinance as well as a property owner financial assistance program for those
needing to perform repairs under the requirements of the ordinance; and
WHEREAS, RMC Water and Environment is qualified to develop and implement both
an outreach program and financial assistance program for sewer lateral inspection and repair.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an Agreement for Services with RMC Water and
Environment to develop and implement an outreach and financial assistance program for sewer
lateral inspection and repair, for an amount not to exceed $65,485.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this date of 26th of February, 2008.
CITY OF ROHNERT PARK
ATTEST:
Mayor /
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this 26�' day of February, 2008, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and RMC WATER AND
ENVIRONMENT, hereinafter referred to as the "Consultant."
WHEREAS, the City requires expertise to develop and implement an outreach, certification
and property-owner financial incentive program for sewer lateral inspection and repair; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in
the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames
stated therein.
2. COORDINATION. Consultant shall assign Christy Kennedy to personally
participate in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B," the
total sum not to exceed $65,485. Progress payments will be tied to completion of tasks so all
payments are proportional to the work completed. Payment by City under this Agreement shall not
be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10)
percent retained by City will be held until 30 days after final completion and acceptance of the
contract work.
C. Payments due and payable to Consultant for current services are 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 Consultant 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.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
843801v4 80078/0012 1 JH- S:05 -g (updated 06/18/07)
TO CITY: ENGINEERING DIVISION
CITY OF ROHNERT PARK
6750 COMMERCE BLVD.
ROHNERT PARK, CA 94928
TO CONSULTANT: DAVID L. RICHARDSON, PRINCIPAL
RMC WATER AND ENVIRONMENT
2001 NORTH MAIN STREET, SUITE 400
WALNUT CREEK, CA 94596
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either parry to the Agreement. Failure of the Consultant 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.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of the
total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the terms
of this Agreement, as determined by City in its sole discretion.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted reasonable time
extensions for delays beyond the Consultant's control. Time extensions will be equal to the length of
the delay or as otherwise mutually agreed upon between the Consultant and the City. In such event,
compensation as set forth in the Scope of Work shall be subject to renegotiation upon written
demand of either party to the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain any 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 make these records available for inspection,
audit, and copying by the City. All data, documents, discussions, or other information developed or
received by or for Consultant in performance of this Agreement are confidential and not be disclosed
to any person except as authorized by City or as required by law.
11. SUBCONTRACTING. None of the services covered by this contract shall be
843801v4 80078/0012 2 JH- S:05 -g (updated 06/18/07)
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or
in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence or
willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Consultant under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement. These indemnification obligations do not apply to
damages caused by third parties that are not employees, contractors, subcontractors or agents of
RMC Water and Environmental and are not under RMC Water and Environmental's care, custody,
control, or direction.
14. INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in its profession in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation is
brought against City in connection with Consultant's report. Unless the action is brought by
Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of
the litigation brought by City against Consultant. .
17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or, in its discretion to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
843801v4 80078/0012 3 JH- S:05 -g (updated 06/18/07)
contingent fee.
18. CONFLICT OF INTEREST. Consultant (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 Consultant's services hereunder. Consultant
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.
19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform Act (Government Code §87100),
Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of
Rohnert Park disclosing Consultant and/or such other person's financial interests.
20. MERGER. This Agreement shall constitute the entire Agreement between the parties
and shall supersede any previous agreements, whether verbal or written, concerning the same subject
matter. No modification of this Agreement shall be effective unless and until evidence by a writing
is signed by both parties.
21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this.
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant.
22. NO WAIVER OF BREACH; TIME. The waiver by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision
or any subsequent breach of the same or any other term or promise contained in this Agreement.
Time is of the essence in carrying out the duties hereunder.
23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
24. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either party
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have control
of the work and the manner in which it is performed. Consultant is not to be considered an agent or
843801v4 80078/0012 4 JH- S:05 -g (updated 06/18/07)
employee of the City and is not entitled to participate in any pension plan, insurance, bonus or
similar benefits City provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on amounts
paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other
obligations, including, but not limited to, state and federal income and FICA taxes. Consultant
agrees to indemnify and hold the City harmless from any liability which it may incur to the United
States for to the State of California as a consequence of Consultant's failure to pay, when due, all
such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance
under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age,
national origin, or other prohibited grounds in its employment practices, and shall take affirmative
steps to ensure that applicants are employed and employees are treated during .employment without
regard to race, color, religion, sex, age, national origin, or other prohibited grounds.
28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's
profession and to do the work hereunder. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals which are legally required for Consultant to practice his/her
profession and do the work contemplated by this Agreement.
29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant may retain copies of the above - described
information but agrees not to disclose or discuss any information gathered, discussed or generated in
any way through this Agreement without the written permission of City during the term of this
Agreement or until ninety (90) days after receipt of final payment from City.
30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were 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.
31. 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.
32. AUTHORITY. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
843801v4 80078/0012 5 JH- S:05 -g (updated 06/18/07)
such parry and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK:
By: /
Name: Stephen R. Donley (Date)
Title: City Manager
Per Resolution No. 2008- adopted by the Rohnert Park
City Council at its meeting of February 26, 2008
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT: RMC Water and Environment
By:
Name: David L. Richardson (Date)
Title: Senior Vice President
By:
Name: Steve Clary (Date)
Title: Secretary
843801v4 80078/0012 6 JH- S:05 -g (updated 06/18/07)
EXHIBIT "A"
SCOPE OF WORK
AND
SCHEDULE OF PERFORMANCE
843801 v4 80078/0012 7 JH- S:05 -g (updated 06/18/07)
Scope of Services MterRMC
andEnvirontmnt
CITY OF ROHNERT PARK
Subject: Sewer Lateral Repair Program
Prepared For: Eydie Tacata, City of Rohnert Park
Prepared by: Celine Monget
Reviewed by: Christy Kennedy, Gisa Ju.
Date: February 12, 2008
The City of Rohnert Park (City) is required to develop a Sewer Lateral Program per Ordinance No. 789
adopted in July 2007. Ordinance No. 789 includes requirements for building lateral repair and
replacement as well as lateral testing/inspection and certification; it also includes a provision addressing
the development of a property owner assistance program. Under these provisions, lateral inspection and
testing are required to start effective July 1, 2008. This document describes RMC's proposed Scope of
Services for assisting the City in the preparation of both the City's outreach and financial incentive
strategies as part of its Sewer Lateral Program.
1 Background
On July 11, 2006, the City of Rohnert Park entered into a Settlement Agreement and Mutual Release of
Claims with the Northern California River Watch (NCRW). As part of this agreement, the City
committed to submit for the City Council's consideration a lateral replacement ordinance in July 2007
(Ordinance No. 789). Language in Ordinance No. 789 states that "Beginning on July 1, 2008, all
buildings connected to the City sewer, including building laterals serving residential, multi - family
residential, commercial or industrial uses, shall be cleaned and inspected and tested under the following
circumstances:
I. Application for a new connection to the sewer collection system; or,
II. Application for a change of use, from residential to commercial, and from non - restaurant
commercial to restaurant commercial; or,
III. Application for a change of use from any land use to common interest development; or,
IV. Determination by the City engineer that the cleaning and testing is required to abate a nuisance or
for the protection of the public health, safety and welfare.
Ordinance No. 789 also includes a provision for property owner assistance program whereby "the City
Council may prescribe a program, by which the City shall offer to perform all or a portion of building
lateral repair work or contribute towards the cost of the work ".
In order to implement the aforementioned ordinance provisions within the mandated timeframe, the City
needs to implement an appropriate outreach program for all users connected to the City sewer that will be
impacted by the ordinance requirements. In addition to the outreach program, the City will be considering
a financing scheme and a property owner assistance program to address the financial implications of the
inspection, testing and repair program.
The tasks included in RMC's scope of services are described below.
February 2008
City of Rohnert Park Sewer Lateral Program
Scone of Services
2 Scope of Services
Task 1 — Research Other Programs
This task will include a review of existing lateral sewer programs implemented by other cities and
sanitation districts in California. This research task will enable the City to evaluate successful strategies
that could be implemented locally. The proposed task consists of:
(1) Review of existing documentation available on the internet
(2) Phone interviews with staff from various agencies to gain an understanding of their current sewer
laterals program outreach and funding practices and procedures.
(3) Development of a table summarizing the findings of the research. The table will include a list of
the agencies contacted, point of contact within the agency, and a summary of the sewer lateral
programs developed by these agencies.
Assumption:
1. A list of possible agencies that will be contacted includes City of Berkeley, City of Albany, San
Luis Obispo, Castro Valley, Brentwood, Vallejo, City of Ukiah, Stege Sanitary District (El
Cerrito), City of Petaluma and West County Sanitary District.
2. Phone interviews with up to eight agencies will be conducted.
Deliverables:
1. A summary table which discusses other sewer lateral programs (and financial assistance programs).
Task 2 — Development of Outreach and Financing Assistance Program
RMC will develop an outreach program to notify homeowners of their responsibilities regarding their
lateral and inform property owners that will be required to conduct inspection and testing in the following
circumstances:
I. New connection to the sewer collection system; or,
II. Change of use, from residential to commercial, and from non - restaurant commercial to restaurant
commercial; or,
III. Change of use from any land use to common interest development (i.e. condominiums); or,
IV. Abatement of a nuisance or protection of the public health, safety and welfare.
The outreach material to be developed should emphasize the responsibility of property owners for "the
maintenance of the sewer lateral, including both the building lateral and the street lateral ". Per Ordinance
No. 789, "The owner shall perform all necessary maintenance to keep the sewer lateral free from roots,
grease deposits, and other solids which may impede the flow or obstruct the transmission of sewage. The
owner of any premises is also responsible for the condition of the building sewer. The owner shall
perform all necessary repairs, including replacement, of the building sewer to keep it in good condition
and free from structural defects, cracks, breaks, openings, and missing portions."
As a result, the property owner is responsible for maintaining the entire sewer lateral serving his or her
property. Therefore a public program must be designed to encourage private property owners to fund the
necessary improvements, and must decide on how to use public funds and assistance to implement the
program. There are several existing financial practices that are being implemented by agencies with sewer
laterals programs. The range of potential financing mechanisms that could be provided to property owners
includes the following:
February 2008 2
City of Rohnert Park Sewer Lateral Program
Scope of Services
• Full Funding
• First time funding only
• Partial funding for testing only
• Partial funding for repair up to a cap
• Deductible funding
• Split funding-
• Insurance funding
• Agency testing/inspection
• Incentive rebate
• Loan
This task includes the following activities:
(1) Coordination with City staff to establish a recommended outreach and financing assistance
program. One workshop will be held with staff to present findings and recommendations based
on Task 1. Slides and an Outreach Program Outline incorporating the summary table from Task 1
will be developed for the workshop to guide discussions.
(2) Feedback from City staff will be incorporated into the outline and slides prior to a presentation to
the Water/Wastewater Council Subcommittee regarding the Financing Assistance Program.
(3) A final presentation to the Council will be conducted to illustrate findings and recommendations
on the outreach and financial incentives program.
(4) A Sewer Lateral Outreach Program Memorandum will be developed to summarize the findings,
recommendations and selected option for the Outreach Program and Financing Assistance
Program. The cost of the selected incentive program will then be added into the SSMP Financial
Plan. Language from the SSMP Financial Plan shall also be included in the memo.
(5) Define procedures for the incentives program (i.e., eligibility conditions — what constitutes a
lateral in need of repair, submission data, etc). Procedures to be included as part of the
memorandum.
(6) Development of draft resolution language regarding the Lateral Financing Assistance Program for
approval by the council.
(7) Coordination with the North Bay Association of Realtors regarding input on outreach material to
be developed and discussion regarding the use of a Local Disclosure and Disclaimer Advisory to
educate property owners on their responsibility and any available assistance program.
Assumptions:
1. One meeting will be conducted with City Staff to discuss recommended outreach and financial
assistance strategies. Follow -up to meeting will be conducted by phone and email coordination.
2. One meeting will be held with the Water /Wastewater Council Subcommittee to present findings and
one presentation to the council will be conducted.
3. Eligibility conditions need to be coordinated with the methods /procedures for testing/inspection and
pass /fail criteria to be developed by the City for the certification program. Scope and schedule assume
these criteria will be made available at the start of the task to RMC.
4. Information on the Local Disclosure and Disclaimer Advisory is readily available from the North Bay
Association of Realtors.
Deliverables:
1. Notification, preparation, slides and minutes from an outreach coordination meeting with City staff.
2. Presentation to the Water/Wastewater Council Subcommittee regarding the Financing Assistance
Program
February 2008 3
City of Rohnert Park Sewer Lateral Program
Scone of Services
3. Presentation to the Council regarding the Financing Assistance Program
4. Draft and Final Sewer Lateral Outreach Program Memorandum
5. Draft resolution language for the Lateral Financing Assistance Program
Task 3 — Implementation of Outreach Program
Under this task, RMC will assist the City in implementing the recommended outreach program developed
per Task 2. This task will include two main activities:
(1) Development of outreach material, including two flyers /brochures to target 1) homeowners
regarding lateral responsibility and groups identified in new ordinance to be effected by
mandatory lateral inspections and testing, and 2) information on the incentives program
(2) Distribution of outreach material through a meeting to be held with the Realtors Association. This
activity will include:
(a) Presentation at one (1) meeting with North Bay Association of Realtors and distribution of
outreach material at this meeting for the Realtors to distribute to homeowners;
(b) Follow -up by phone with Realtors in attendance at the outreach meeting to get statistics on
how much material distributed and comments received.
Assumptions:
1. Assumes two rounds of revisions on brochures and one final screen -check draft.
2. Outreach material will be printed by the City under a separate purchase order.
3. Text for the website will be developed by the City.
Deliverables:
1. Outreach material to be developed based on input from City staff. Outreach material will at least
include two separate flyers/brochures including 1) for homeowners discussing lateral responsibilities
and groups identified in new ordinance to be effected by mandatory lateral inspections and testing and
2) information on the incentives program.
2. Outreach meeting with Realtor association. Slides will be developed for the outreach meeting.
Task 4 — Project Management and QA /QC
RMC will monitor project budget, labor hours expended, and schedule on a weekly basis throughout the
project, and prepare invoices on a monthly basis. Quality Control /Quality Assurance (QA /QC) procedures
will include review of all key deliverables by other RMC staff not involved in the day -to -day work on the
proj ect.
3 Project Schedule
This scope of services includes Lateral Sewer Program services from February 2008 through June 2008.
The tentative schedule for the scope of services is listed below.
February 2008 4
City of Rohnert Park Sewer Lateral Program
Scope of Services
Task 1 — Research Other Programs March 2008
Task 2 — Development of Outreach and Financing
Assistance Program March — April 2008 _
Task 3 — Implementation of Outreach Program _ _ May_- June 2008
Task 4 — Project Management and QA/QC March — July 2008
4 Budget
The estimated level of effort and cost for the Lateral Sewer Program services described above are detailed
in Attachment A. The total estimated cost is $65,485.
February 2008 6
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EXHIBIT "B"
COMPENSATION RATES AND CHARGES
843801v4 80078/0012 $ JH- S:05 -g (updated 06/18/07)
RMC Water and Environment
2008 Standard Billing Rates
(Effective 12/29/2007)
Employee Classifications
Hourly Billing Rate
Principal 3
$245
Principal 2
$235
Principal 1
$225
Sr. Project Manager 3
$220
Sr. Project Manager 2
$215
Sr. Project Manager 1
$210
Project Manager 3
$205
Project Manager 2
$195
Project Manager 1
$185
Project Engineer 3
$175
Project Engineer 2
$165
Project Engineer 1
$155
Environmental Planner /Scientist 3
$165
Environmental Planner /Scientist 2
$155
Environmental Planner /Scientist 1
$145
Assistant Professional
$125
Sr. CAD Designer
$135
CAD Designer
$125
Sr. Graphic Designer /Artist
$125
Graphic Designer /Artist
$115
Sr. Project Accountant
$125
Project Accountant
$115
Sr. Project Administrator
$115
Project Administrator
$105
Expert Witness
Rate x 2.0
Project Technology & Communication (PTC) Charges
3% of Labor Charges
Other Direct Costs
Cost + 10%
Subconsultants
Cost + 10%
The individual hourly rates include salary, overhead and profit. Other direct costs (ODCs) such as
reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel
expenses will be billed at actual cost plus 10 %. Subconsultants will be billed at actual cost plus 10 %.
RMC reserves the right to adjust its hourly rate structure, PTC charges, and ODC markup at the
beginning of the calendar year for all ongoing contracts.
EXHIBIT "C"
INSURANCE REQUIREMENTS
843801v4 80078/0012 g JH- S:05 -g (updated 06/18/07)
EXHIBIT C
INS URANCE. REQ UIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant 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 City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact 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 less than $2,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per
accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's employees will
use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 per accident or disease.
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 $25,000 self - insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' 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 the 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 Consultant, subconsultants or others involved in the Work. 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 per occurrence.
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 consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $2,000,000 per claim and in the aggregate. The policy
must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size M.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree
843801v4 80078/0012 10 JH- S:05 -g (updated 06/18/07)
to the following with respect to insurance provided by Consultant
1. Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its elected officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to
a loss. Consultant 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.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which
arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor 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 the City or its operations limits the application of
such insurance coverage.
5. 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.
6. 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.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in 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.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant'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 has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation
of coverage. Consultant 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.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
843801v4 80078/0012 11 JH- S:05 -g (updated 06/18/07)
provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to City for
review.
12. Consultant 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, Engineer or other entity or person in any way involved in the
performance of work on the project contemplated by this agreement to self - insure its obligations
to City. If Consultant's existing coverage includes a deductible or self - insured retention, the
deductible or self - insured retention must be declared to the City. At that time the City shall
review options with the Consultant, which may include reduction or elimination of the
deductible or self - insured retention, substitution of other coverage, or other solutions.
13. 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 Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. 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.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to
inform Consultant 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.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
17. Consultant 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 Consultant'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.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its employees, officials and agents.
19. Requirements of specific coverage features or limits contained in this section are not intended as
843801A 80078/0012 12 JH- S:05 -g (updated 06/18/07)
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.
20. 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.
21. 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.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in
any way with the project reserves the right to charge City or Consultant for the cost of additional
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 of
complying with these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
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.
843801v4 80078/0012 13 JH- S:05 -g (updated 06/18/07)
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the , and a duly
authorized representative of the firm of ,
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person
in connection with carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date
agr \Consult.
Signature
843801v4 80078/0012 14 JH- S:05 -g (updated 06/18/07)