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HomeMy WebLinkAbout2008/02/26 City Council Agenda PacketJudy Hauff City Clerk City Hall COURTESY AGENDA 02/26/08 cc: J. Hauff, City Clerk (2) T. Griffin, Deputy City Clerk K. Leonard, Shorthand Reporter Kathy Dennison RP Community Library 6250 Lynne Conde Way Rohnert Park, CA 94928 Jennifer Herrera c/o Mr. & Mrs. Jose Herrera 7648 Beth Court Rohnert Park, CA 94928 NOTE: Place marker on agenda for each individual recipient. Linda Beltz 6182 San Bruno Court Rohnert Park, CA 94928 Monica Gutierrez c/o Mr. & Mrs. Santiago Gutierrez 714 Adele Avenue Rohnert Park, CA 94928 Heather Hanson University Affairs Director SSU — Associated Students Inc. hansonhe(&sonoma.edu Jonathan White SSU — Associated Students Inc. white ion(a,sonoma.edu Wendy Horton Mike Yates Sherie Almond wphortonnpacbell.net UPS 5300 Eagan Court myates(a,ups.com Rohnert Park, CA 94928 Page 1 of 1 Griffin, Terri From: Griffin, Terri Sent: Wednesday, February 20, 2008 3:26 PM To: Iwphorton @pacbel 1. net' Subject: Rohnert Park City Council Agenda - February 26, 2008 Attachments: 022608 AGENDA- RPCity Council- CDC- RPFA.pdf Ms. Horton: Attached is the agenda for next Tuesday's City Council meeting. Item No. 3 (Unscheduled Public Appearances /Comments) is the portion of the meeting where you would address the Council. Please contact me if you have any questions. Terri A. Griffin Deputy City Clerk CITY OF ROHNERT PARK 6750 Commerce Blvd. Rohnert Park, CA 94928 A lb (707) 588 -2225 A (707) 588 -2274 ® tgriffin @rpcity.org 2/20/2008 Page 1 of 1 Griffin, Terri From: Griffin, Terri Sent: Wednesday, February 20, 2008 3:17 PM To: 'myates @ups.com' Subject: Rohnert Park City Council Agenda - February 26, 2008 Attachments: 022608 AGENDA- RPCity Council- CDC- RPFA.pdf Mr. Yates: Attached for your information is the agenda for next Tuesday's City Council meeting. The presentation of your resolution is the first scheduled item (Item No. 1). If you have any questions, please feel free to contact me. Terri A. Griffin Deputy City Clerk CITY OF ROHNERT PARK 6750 Commerce Blvd. Rohnert Park, CA 94928 (707) 588 -2225 8 (707) 588 -2274 ® tgriLffin@rpcily.org 2/20/2008 Page 1 of 1 Griffin, Terri From: Lidster, Beth Sent: Tuesday, February 19, 2008 9:40 AM To: Griffin, Terri Subject: RE: UPS / Sherie Almond The students are: Jennifer Herrera c/o Mr. & Mrs. Jose Herrera 7648 Beth Court 792 -1322 Monica Guitierrez Mr. & Mrs. Santiago Gutierrez 714 Adele Avenue 664 -0701 Mike Yates is coming with Sherie myates �ups.com 291 -4913 1 will get Sherie's number from Kristina. I had it, but.... From: Griffin, Terri Sent: Tuesday, February 19, 2008 9:15 AM To: Lidster, Beth Subject: UPS / Sherie Almond Beth, Do you have mailing addresses and /or e-mail addresses for Sherie Almond and the UPS rep? I also need phone numbers and addresses for the two pledge girls. Thanks! Terri Terri A. Griffin Deputy City Clerk CITY OF ROHNERT PARK 6750 Commerce Blvd. Rohnert Park, CA 94928 W (707) 588 -2225 A (707) 588 -2274 tgriffin a rpci org 2/19/2008 Griffin, Terri From: Lidster, Beth Sent: Tuesday, February 19, 2008 1:02 PM To: Griffin, Terri Subject: FW: Sherie Almond Here's her info. From: Owens, Kristina Sent: Tuesday, February 19, 2008 12:59 PM To: Lidster, Beth Subject: RE: Sherie Almond i Sery Requests Balance Ten�antlPnmary Custon Name First: i Care Of: 1. Address:. 1 1 City i1 State: a Page 1 of 2 E-mail: E xt: E xt: / WV owad Utility Billing Supervisor 2/19/2008 Page 2 of 2 City of Rohnert Park 707 - 585 -6755 (office) 707 - 585 -6705 (fax) From: Lidster, Beth Sent: Tuesday, February 19, 2008 9:56 AM To: Owens, Kristina Subject: Sherie Almond Hi Kristina — The Mayor has a Resolution to present to Sherie Almond. She lives in RP. Can you please look up her address and phone number. Thanks, Beth 2/19/2008 CITY COUNCILS E P AKER CARD Date: °'���'�O/ 8 Item #: Name: ;`Yt. e -z-,- Address: � R Phone ��p�� C IS TOPIC: -N(,z-tt, `iE Ic- Brief Summary of Comments: CITY COUNCIIL SPEAKER CARD Date: o� oZ (p tS Item #:__,_ Name: Address : °" -- Phone:�� _ TOPIC: C - Co tZP ", Z? GraQ-Y\ � Brief Summary of Comments: V I �\ 14 V *cmee ned Ci4tms& 94mert%Lo GCORP (Concerned Citizens Of Rohnert Park) presents the first annual Rohnert Park Green Day April 19, 2008 11 am -3 pm, RP Community Center Courtyard (Corner of Expressway and Snyder) Fun activities for the entire family! Speech by 6th District State Assemblyman Jared Huffman Live music with local bands A live children's play Movie on how to "Go Green" and protect our environment Workshops and information Food and refreshments from local vendors And Much, Much More! Phil Horton digs with a shovel with his wife, Wendy, in background, at a recent CCORP tree planting day. Coming Tbie+her 4( a CLEAN and SAFE Neighborhood Sally Ervin swings a pickax on Adrian Drive at a recent C -CORP planting day. JL 11 F l OSEPFI T. S Proceeds benefit C- CORP's citywide beautification projects. 1 1ppl.T11 AAPh7 For more information contact Wendy Horton of C -CORD at (707) 664 -0577 or c- corp @comcast.net SU \9NA CUL'\'il' or Teresa L. Hernandez, Community Organizer with SJHS -SC (707) 525- 5300 ext. 3211 M Distr. @ Mtg. Qt: *ConeernM eifteAs&94%ertayV_• III '�I k"l, 1 (Concerned Citizens Of Rohnert Park) presents the first annual (Corner of Expressway and Snyder) How YOU can help: We are offering 5 levels of sponsorship • Platinum: Full page ad in event program, name and logo on all promotional materials including T- shirts, banners and advertising, prominent positioning for informational booth space. $1,000. • Gold: Half page ad in event program, name and logo on all promotional materials including T- shirts, banners and advertising, informational booth space. $500. • Silver: Quarter page ad in event program, name and logo on all promotional materials including T- shirts, banners, informational booth space. $250. • Bronze: Informational booth space, business card size ad in event program. $100. • Supporter: Business card size ad in program. $50. AL SgOSEPHF Proceeds benefit C- CORP's citywide beautification projects. nrntm mgr SONOMA CMNIN For more information contact Wendy Horton of C -CORP at (707) 664 -0577 or c- corp @comcast.net &' " " "" or Teresa L. Hernandez, Community Organizer with SJHS -SC (707) 525- 5300 ext. 3211 distr, 6 Mtg. Of: "TURNING LIVES AR O We invite you, your friends, family and associates to our hift I IM M-N • Be inspired - Hear live testimonials from our clients as they shade their life stories of addiction and recovery • Learn about the "funding gap" and how this impacts over 400 people in our community who need our help but have no way to pay for treatment Drug Abuse P, Alternatives VV" . Center Turning Lives Around Turning Point Residential Treatment Every 3rd Tuesday in 2008 January 15, March 18, May 20, July 15, September 16 Every other 3rd Thursday in 2008 February 21, April 17, June 19, August 21, October 16 Time: 5:30 PM to 6:30 PM Turning Point Residential Program 440 Arrowood Drive, Santa Rosa For direction call (707) 284 -2950 www.daacinfo.org You will not be asked for a financial contribution. However, we welcome your feedback and referrals Drug Abuse Alternatives -j, Center Turning Lives Around for ow childrerl Healthy Mothers raise Healthy Children First Steps Perinatal Day Treatme their future is in our hands • Learn about addiction treatment and how it is just as effective as treatment for chronic medical conditions, such as diabetes and hypertension • Learn how effective treatment reduces drug use, medical visits, welfare dependency, homelessness, criminal activity and unemployment • Learn about how every dollar invested in treatment yields $7 savings in legal, medical and social costs • Learn about DAAC's VISION FOR THE FUTURE and how you can help make this vision a reality for our community Staying Healthy Benefits Everyone Drug Abuse Alternatives Center Turning Lives Around Outpatient Treatment Distr. @ Mitg. Of: cc: cc: File: File: Working Together for Change .�OHNERT P.iR�, ig 6z CA LIPOR"IP CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission Rohnert Park Financing Authority February 12, 2008 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council and the Community Development Commission met this date for a Special Meeting /Work Session, to commence at 5:00 p.m., followed by a Regular- Meeting at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. SPECIAL MEETING /WORK SESSION Call to Order: Mayor Mackenzie called the Special Meeting /Work Session to order at 5:02 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Staff present for all or part of the Special Meeting: City Manager Donley, City Attorney Kenyon, Director of Public Safety Bullard, Public Safety Lieutenant Amato, Public Safety Interim Commander Frazer, Public Safety Officer Douglas, Community Development Assistant Espino (as translator), Deputy City Clerk Griffin, and Videographer Beltz. Unscheduled Public Appearances: Trish Luna expressed concern about alcohol consumption in Alicia Park and its impact on the scheduling of Girl Scout events. Christine Alexander shared reasons in opposition to the ordinance banning alcohol in City parks. 1. ALCOHOL BAN IN PUBLIC PARKS: Public Safety Lieutenant Amato noted that Community Development Assistant Espino was present in the audience to translate as necessary. Lieutenant Amato and Public Safety Officer Douglas provided an oral report, circulated photos of alcohol and graffiti activities in City parks, and DISTRIBUTED two graphs depicting vandalism in various City parks. Staff responded to Council questions and comments. Council direction: Council discussion concluded with DIRECTIONS FOR STAFF to reestablish the ordinance banning alcohol from City parks except by permit, with said ordinance (1) to take effect prior to the end of the school year, and (2) to be reviewed in one year. City of Rohnert Park CONCURRENT MEETINGS Agenda (2 of 9) February 12, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority REGULAR MEETING Call to Order: Mayor Mackenzie called the Regular Meeting to order at 6:00 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Staff present for all or part of the Regular Session: City Manager Donley, City Attorney Kenyon, Director of Public Safety Bullard, Director of Public Works /City Engineer Jenkins, Recreation Services Manager Miller, Deputy City Clerk Griffin, and Videographer Beltz. CLOSED SESSION Mayor Mackenzie adjourned Council to Closed Session to discuss Litigation Matters as outlined in the agenda. CITY COUNCIL REGULAR SESSION Mayor Mackenzie reconvened the Regular Meeting at 6:31 p.m. PLEDGE OF ALLEGIANCE: Jennifer Lopez Prinskowski, Student, John Reed Elementary School, led the Pledge of Allegiance. Mayor Mackenzie PRESENTED Jennifer with a card and a pen. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Mackenzie stated that there was no reportable action. 2. SCHEDULED PRESENTATIONS: Mayor's Presentation of Resolution No. 2008 -11 Acknowledging Scott Weaver for His Magnificent Holiday Display on Cielo Circle: Mayor Mackenzie READ AND PRESENTED Mr. Weaver with Resolution No. 2008 -11. Mr. Weaver provided brief comments. 3. SONOMA STATE UNIVERSITY (SSU) STUDENT REPORT: Heather Hanson, University Affairs Director, DISTRIBUTED copies of The Star, as well as copies of the Associated Students, Inc. (ASI) sustainability resolution. She reported on the "Focus the Nation Celebration" for global - warming solutions, the State budget impacts on SSU, the status of the Green Music Center, and ASI elections. 4. CHAMBER OF COMMERCE QUARTERLY REPORT Rohnert Park Chamber of Commerce Quarterly Report by Catharine Bramkamp: Ms. Bramkamp provided an oral update regarding new members of the Chamber, and she highlighted upcoming events, including the Joint Open House with the Cotati Chamber at the Green Music Center on April 24th and the Business Showcase on May 1St City of Rohnert Park CONCURRENT MEETINGS Agenda (3 of 9) February 12 2008 .for City Council /Community Development Comnzission/Rohnert Park Financing Authority 5. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: John Borba expressed concerns about proposed development at Sonoma Mountain Village, specifically the addition of 1700 units. 6. CONSENT CALENDAR: Council Member Breeze signified removal of the City Council Portion of Special Concurrent Meetings for January 22, 2008, and the City Council Portion of Regular Concurrent Meetings for January 22, 2008, as well as Resolution Nos. 2008 -20, 2008 -21, 2008 -22, and 2008 -23, for further discussion. City Manager Donley responded to Council Member Breezes request for clarification regarding the Public Safety Bay issue at the January 22nd Council meeting, and he noted that Public Facilities Fees were reallocated from the West Side station to the main station. 2. Approval of City Bills /Demands for Payment, January 22 — February 6, 2008, in the amount of $3,090,115.77 3. Resolutions for Adoption: 2008 -17 Commending United Parcel Service (UPS) for Use of the Zap Car in Day -to- Day Delivery Operations 2008 -18 Rejecting the Government Tort Claim of David A. Clark [Alleged Police Action] 2008 -19 Rejecting the Claim of Hugh HerboId [Alleged Police Action] Upon MOTION by Council Member Vidak- Martinez, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar was ADOPTED. Items for consideration: 1. Approval of Minutes for: City Council Portion of Special Concurrent Meetings — January 22, 2008 City Council Portion of Regular Concurrent Meetings — January 22, 2008 On page 1 of the Special Meeting/Work Session, Council Member Breeze pointed out that under "Council direction" and "Reconvene," notation of Council Member Vidak- Martinez as "Vice Mayor Vidak- Martinez" should be amended. With no formal motion, the City Council Portion of Special Concurrent Meetings for January 22, 2008 and City Council Portion of Regular Concurrent Meetings for January 22, 2008, were APPROVED AS AMENDED 4 -0 -1 with Council Member Vidak- Martinez abstaining. 2008 -20 Approving as Amended the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit City of Rohnert Park CONCURRENT MEETINGS Agenda (4 of 9) February 12, 2008 for City Council /Community Development CommissionMohnert Park Financing Authority Council Member Breeze noted that the date in the final paragraph should read November 27, 2007, not November 13, 2007. She also suggested that staff inform other bargaining units regarding the difference in dental implant coverage. City Manager Donley stated that the dental coverage issue will be revisited. Upon MOTION by Council Member Vidak - Martinez, seconded by Vice Mayor Stafford, and APPROVED 4 -0 -1 AS AMENDED, with Council Member Breeze dissenting, reading was waived and Resolution 2008 -20 was ADOPTED. 2008 -21 Approving as Amended the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit Upon MOTION by Council Member Vidak - Martinez, seconded by Vice Mayor Stafford, and APPROVED 4 -0 -1 with Council Member Breeze dissenting, reading was waived and Resolution 2008 -21 was ADOPTED. 2008 -22 Approving and Adopting the Memorandum of Agreement with the Rohnert Park Employees' Association (RPEA) Council Member Breeze noted that on page 18, Item (f), the numerical percentage should read "8 %," not "78 %." Council discussion concluded, and upon MOTION by Vice Mayor Stafford, seconded by Council Member Vidak- Martinez, and APPROVED 4 -0 -1 AS AMENDED, with Council Member Breeze dissenting, reading was waived and Resolution 2008 -22 was ADOPTED. 2008 -23 Approving and Adopting the Memorandum of Agreement with the Rohnert Park Public Safety Officers Association (RPPSOA) Council discussion concluded, and upon MOTION by Vice Mayor Stafford, seconded by Council Member Vidak- Martinez, and APPROVED 4 -0 -1, with Council Member Breeze dissenting, reading was waived and Resolution 2008 -23 was ADOPTED. 7. WINTER FLOOD UPDATE: Update regarding the City's Response to Flood Activity during the Recent Winter Storms and Drainage Issues in Rohnert Park: Staff Report: Mayor Mackenzie provided brief opening comments, and he noted that Community Development Assistant Espino was present in the audience to translate as necessary. Director of Public Works /City Engineer Jenkins provided the Staff Report via a PowerPoint presentation, and he responded to Council questions and comments. Mike Thompson from the Sonoma County Water Agency was also present to respond to Council inquiries. 2. Public Comments: a. Vickie Swing circulated pictures regarding flooding issues in Rancho Verde Mobile Home Park, and she DISTRIBUTED correspondence from the Law Offices of Gilchrist & Rutter regarding flood control issues. City of Rohnert Park CONCURRENT MEETINGS AlZenda (5 of 9) February 12 2008 for City CouncillComntuW(y Development Col niisslonlRohnert Park FinanciLig Authority b. Janet Behrends displayed a newspaper article from 1982 and reviewed the history of flooding in Rancho Verde Mobile Home Park. c. Marshall Fenstennaker expressed concerns about constant flooding at Rancho Verde Mobile Home Park. d. Richard Close, attorney for Rancho Verde Mobile Home Park, discussed solutions to the flooding problems at the park. e. Ray Will, Consulting Engineer, reviewed the conditions causing the flooding in Rancho Verde Mobile Home Park. f. Deborah Paulson discussed the County work done in 1998, and she noted that flooding again is a problem in that area. g. Pamela Miller reviewed the dangerous conditions that the flooding creates in the area. h. Evan Griffiths discussed how the flooding problem has gotten much worse in the area. i. Fred Soares discussed the effects of the flooding on nearby communities like Bellevue. j. Geraldine Duncan SUBMITTED a petition signed by the residents of Rancho Verde and entitled, "Rancho Verde Residents Call for the City to Stop Increasing the Flooding within Rancho Verde Mobile Home Park." 3. Council discussion /direction: Director of Public Works /City Engineer Jenkins shared additional comments, and he and Mr. Thompson responded to Council questions. Council discussion concluded with direction for the Water- Issues Subcommittee as follows: (1) discuss Rancho Verde flooding issues at tomorrow's subcommittee meeting; (2) create a list of permitting agencies in priority order, and provide a copy of that list to all of this evening's public speakers and make additional copies available to all of the Rancho Verde Park residents; (3) report back to Council under "Council Committee and /or Other Reports'' at the February 26`x' City Council meeting. RECESS: Mayor Mackenzie declared a recess at 9:15 p.m. RECONVENE: Council reconvened at 9:26 p.m. with all Council Members present. 8. CAL RIPKENBABE RUTH FIELD MAINTENANCE AGREEMENT: Consideration of a Revocable License Agreement with Cal Ripken/Babe Ruth Baseball League for Use of City Facilities: Alicia, Benicia, and Colegio Vista Parks: 1. Staff Report: City Manager Donley provided background on this item. Recreation Services Manager Miller reviewed the contents of the Staff Report, and staff responded to Council questions and comments. 2. Public Comments: None. City of Rohnert Park CONCURRENT MEETINGS Agenda (6 of 9) February 12, 2008 . for City CouncillCojnmunity Development Commission /Rohnert Park Financing Authority 3. Resolution for Adoption: 2008 -24 Approving a Revocable License Agreement for Use of City Facilities: Alicia, Benicia, and Colegio Vista Parks A MOTION was made by Council Member Smith, seconded by Vice Mayor Stafford, to approve Resolution 2008 -24. At the conclusion of Council discussion, reading was waived for said resolution, which was UNANIMOUSLY APPROVED and thereby ADOPTED. 9. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Redwood Empire Municipal Insurance Fund Annual Risk Management Seminar and Board meeting, 1/31-2/1: Council Member Smith provided a brief report. 2. Other informational reports, if any: Counciimember Smith: State of the County Breakfast, 1/23; Noon Times Council Panel, 2/6; North Bay Economic Outlook Conference, 2/8. Other, if any: Council Member Smith noted his attendance at the Sonoma County Transportation Authority (SCTA) meeting on behalf of Mayor Mackenzie, the Sonoma County Agricultural and Open Space District meeting, and the Education Foundation event. Council Member Breeze: State of the County Breakfast, 1/23. Other, if any: Council Member Breeze noted her attendance at the Senior Center Super Bowl Party and the retirement party for Nancy Thompson from the Public Safety Department. Council Member Vidak- Martinez: Other, if any: Council Member Vidak- Martinez noted her attendance at the "Everybody Profits" Climate Protection Workshop and the leadership talk regarding sustainability to the Rancho Cotate High School Key Club. Vice -Mayor Stafford: Noon Times Council Panel, 2/6. Other, if any: Vice Mayor Stafford Smith noted her attendance at the Education Foundation event and "Literacy Read" at Goldridge School. Mayor Mackenzie: State of the County Breakfast, 1/23. Other, if any: Mayor Mackenzie noted his attendance at the meeting of the Technical Advisory Committee to the Water Advisory Committee, the Mayors' & Councilmembers' Legislative Committee meeting, the SCTA Ad Hoc Committee meeting on February 11, and the meeting with Dan Condron, Vice President of Student Government Affairs at Sonoma State University. 10. COMMUNICATIONS: Council Member Smith SUBMITTED a communication from the City of Sebastopol to Mayor Mackenzie regarding car -free days. Letters regarding request for a Council resolution in support of saving the state's regional parks from budget cuts: At the suggestion of Council Member Smith, Council CONCURRED TO AGENDIZE for the February 26 meeting consideration of a proposed letter addressing State budget items regarding the matters of state parks and college student admissions. City of Rohnert Park CONCURRENT MEETINGS Agenda (7 of 9) February 12 2008 for City Council /Community Development CommissionlRohnert Park Financing Authority Letter from Joanne Holcomb regarding NOAH report for January 30, 2008: Council Member Vidak - Martinez called attention to said letter. Letter from Kevin Pohlson of Brookfield Homes: Mayor Mackenzie called attention to said letter regarding the Hinebaugh Creek Drainage Restoration Plan, and he suggested that the letter be provided to the people that spoke on the "Winter Flood Update" item earlier in the agenda, 11. MATTERS FROM /FOR COUNCIL: 1. Calendar of Events: Document provided in Council agenda packets. 2. City Council Agenda Forecast: Document provided in Council agenda packets. At the suggestion of Council Member Smith, City Attorney Kenyon indicated that she would provide a report on pertinent matters regarding the sewer initiative at the February 26 City Council meeting. 3. Other informational items, if any: None. 12. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Other informational items, if any: City Attorney Kenyon provided a brief oral report on Propositions 98 and 99. She noted that the League of California Cities will be asking for support of Proposition 99. FOR THE RECORD, Council Member Smith thanked City Manager Donley for presenting health benefit calculations per SB 840 in response to public speaker Stan Gold's comments at the January 22, 2008 City Council meeting. 13. PUBLIC COMMENTS: Richard Pope, Sonoma Mountain Village, discussed the Attorney General's interest in using Sonoma Mountain Village as a model development. At the request of Mr. Pope, Council CONCURRED to have Sonoma Mountain Village representatives consult with Building Official Peter Bruck to clarify any regulatory or other matters that need to be addressed. ADJOURNMENT: Mayor Mackenzie adjourned the City Council meeting at 10:06 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK Tuesday, February 12, 2008 Call to Order: 10:06 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Also present: Executive Director Donley, General Counsel Kenyon, Deputy Secretary Griffin, and Videographer Beltz Unscheduled public appearances: None. City of Rohnert Park CONCURRENT MEETINGS Agenda (8 of 9) February 12, 2008 for Clty Council /Community Development Commission/Rohnert Park Financing Authority 1. CDC CONSENT CALENDAR: Approval of Meeting Minutes for: CDC Portion of Regular Concurrent Meetings — January 22, 2008 2. Approval of CDC Bills /Demands for Payment in the amount of $63,330.69 A MOTION was made by Commissioner Smith, seconded by Commissioner Vidak- Martinez, to approve the Consent Calendar. After the motion, reading was waived, and the CDC Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED. 2. COMMUNITY DEVELOPMENT COMMISSION AUDIT: Update regarding the Status of the Annual Independent Auditor's Report for Fiscal Year 2006- 2007: Staff Report: Executive Director Donley reviewed the contents of the Staff Report. 2. Public Comments: None. 3. Council discussion /direction: Council discussion concluded with DIRECTIONS FOR STAFF to proceed with the timely filing of the Annual Independent Auditor's Report. for Fiscal Year 2006 -2007. 3. ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the CDC meeting at 10:11 p.m. MINUTES FOR THE ROHNERT PARK FINANCING AUTHORITY Tuesday, February 12, 2008 Call to Order: 10:11 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Also present: Executive Director Donley, General Counsel Kenyon, Deputy Secretary Griffin, and Videographer Beltz Unscheduled public appearances: None. City of Rohnert Park CONCURRENT MEETINGS Agenda (9 of 9) February 12, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 1. RPFA CONSENT CALENDAR: 1. Approval of Minutes for: RPFA Portion of Regular Concurrent Meetings — January 22, 2008 A MOTION was made by Member Smith, seconded by Vice Chair Stafford, to approve the RPFA Consent Calendar. After the motion, reading was waived, and the RPFA Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED. 2. ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the meeting of the RPFA at 10:12 p.m. *Katy Leonard Certified Shorthand Reporter C.S.R. 11599 *(Minutes written in absentia) Jake Mackenzie Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR APPROVAL February 26, 2008 175675 - 175893 Dated February 8 - 20, 2008 Council: X Miscellaneous Communications Agenda: 2/26108 X 2/20/08 -TG Copy to: $620,023.49 TOTAL $620,023.49 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 "d & 4'b Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email to review for "approvals as to form" DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday mornings One (1) week prior to Council meeting dates Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoons One (1) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 (This section for City Clerk Use Only) FOR RESO. NO. 2008-25 Council: X Miscellaneous Communications Agenda: 2126108 X 2/20108 -Tc Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: Various Submitted By: Angie Smith, Purchasing Agent Submittal Date: February 13, 2008 Agenda Title: Janitorial Maintenance at Various City Facilities Requested Council Action: Adopt Resolution Calling for Sealed Proposals for Janitorial Maintenance at Various City Facilities Summary: The City went out to bid on Janitorial Maintenance in October 2007 at which time only one bid was received. It was determined that it Was in the best interest of the City to reject said bid as per Resolution 2007 -175 and re -bid the contract in 2008. The current contract which expired October 31, 2007 was extended for an additional six (6) months to allow staff time to re -bid the contract in 2008. Staff would like to now call for proposals for a new contract. Said contract will be for two (2) years with the possibility of one, two (2) year extension. Therefore, it is staff's recommendation to Call for Sealed Proposals for Janitorial Maintenance for Various City Facilities. Enclosures: Resolution CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CI Y MANAGER'S RECOMMENDATION: Consent Item () Regular Time j Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment O Policy Determination by fp-" ) City Comments: r City Manager's Signature:) Date: JH- S:05 -b RESOLUTION NO. 2008 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CALLING FOR SEALED PROPOSALS FOR JANITORIAL MAINTENANCE FOR VARIOUS CITY FACILITIES BE IT RESOLVED by the City Council of the City of Rohnert Park, California; as follows: That sealed proposals for Janitorial Maintenance for Various City Facilities are hereby solicited and the City Manager is directed to post as required by law a Notice Inviting Sealed Proposals for said program referring to the specifications on file in the City Offices, the first posting of which shall be at least ten (10) days prior to the time fixed for opening bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation, printed and published in the City. Said sealed proposals shall be delivered to the City Manager of said City on or before 10:00 a.m. on Thursday, April 3, 2008, said time being not less than ten (10) days from the time of first posting of said notice. Bids will be publicly opened, examined, and declared on said day and hour and referred to and considered by the Council at its meeting on April 22, 2008 at 6:00 p.m. or as soon thereafter as the item is reached on the agenda. DULY AND REGULARLY ADOPTED this 26th day of February 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2"d & 4'h Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email to review for "approvals as to form" DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no )ater than Tuesday mornings One (1) meek prior to Council meeting dates Agenda Packets distributed to City Council and Agendas posted /distributed /mailed on Wednesday afternoons One (1) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for Cite Clerk Use Only} RESO. NO. 2008-26 RESO. NO. 2008-27 Council: X Miscellaneous Communications Agenda: 2126108 X 2/200 -1G Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: Engineering & Public Works Submitted By: Eydie Taeata, Management Analyst Submittal Date: February 12, 2008 Agenda (subject Only) Title: Authorization for Bids for Landscape Maintenance Services Contracts, Rohnert Park North and Rohnert Park South Agenda Title: Delegating Authority to Approve the Final PIans and Specifications to the Public Works Director /City Engineer and Authorizing the Call for Sealed Bids for Landscape Maintenance Contracts Requested Council Action: Adopt resolutions: (1) Delegating Authority to Approve the Final Plans and Specifications to the City Engineer and Authorizing the Call for Sealed Bids for Landscape Maintenance Contract: Rohnert Park North (2) Delegating Authority to Approve the Final Plans and Specifications to the City Engineer and Authorizing the Call for Sealed Bids for Landscape Maintenance Contract: Rohnert Park South Summary: Background The City's original 5 -year contract awarded in 1994 with landscape contractor, TruGreen Landcare, expired in 1999. The Council approved a 6 -month extension of the contract, which subsequently expired in April 2000. In the years that followed, TruGreen has continued to provide landscaping services to the City without a contract and at the monthly flat rates in place when the contract ended. This arrangement has not been without significant drawbacks and risks. In order to balance the cost of providing services and to keep the City as a customer, TruGreen has scaled back on services commensurate to the level of compensation they receive from the City, which are the 1998 rates adjusted upward by a two -year CPI increase of 6.0% in 2000. Despite the absence of a contract that holds either party to terms, obligations, performance standards or quantities, City staff works with the contractor to prioritize landscaping needs and defer some regular maintenance as necessary to keep costs within budget. Past spending for the landscape contract plus extra work has averaged about $333,000 for the Iast 6 years, which is roughly equal to what has been budgeted for landscape maintenance. In December 2007, the City put the landscape contract out to bid, requesting a comprehensive scope of services which included all recommended services to result in well- maintained parks, athletic fields, parkways, medians, bikepaths, well and tank sites, and building grounds. Two bids were received and opened in January 2007. The bids were evaluated and found to be non - responsive. Additionally, the bids came in at about $680,000, over twice the City's historic costs for landscape services. Proposed contract to focus on the parks Considering the proposed cost of landscape services as revealed by last year's bids, City staff have substantially pared down the scope of services included in the landscape contract, to increase the chance that bids will be closer to this year's anticipated budget. The proposed contract has essentially removed about $190,000 worth of services. The proposed contract will focus on what some have called the City's "crown jewels ": the parks. The result is a bare -bones contract that excludes regular service to most parkways and medians and some mini - parks. It also excludes all regular maintenance services to bike paths, well sites, and pump sites. Landscape maintenance or rehabilitation work not in the contract will be provided by the contractor only as requested by the City, at unit prices bid in the contract. Such work may also be provided by City forces. During the contract term, the City may add more services for new areas at the contractor's unit prices as finding allows. There will be two landscaping contracts: Rohnert Park North and Rohnert Park South. Rohnert Park South is a smaller contract than Rohnert Park North, making it a contract that smaller landscape firms can consider and bid on. Both City staff and representatives from the landscaping industry felt that having the two contracts could stimulate competition. Budget considerations The FY 2007- 08.budget for landscape services, including both regular contracted maintenance and out -of- contract "extra" work (i.e. emergency work, additional service requests) is about $370,000. By applying the contract rates derived from last year's lowest apparent bids to the greatly - reduced scope of this revised contract, we can reasonably expect that the combined total of both bids may come in at about $490,000. This still exceeds the FY 2007 -08 budget by about $120,000. Recommendation Staff recommends that the City Council delegate authority for the Public Works Director /City Engineer to call for bids for this reduced -scope landscape maintenance contract. The plans and specifications included here are substantially complete, but required minor editing prior to releasing for bid. The City's budget for the landscape maintenance contract, plus extra work, will be announced in the bid document. Should bids again come in non - responsive, substantially higher than what the City can afford, or in any other way does not meet the City's needs such that bids must be rejected, the City's Purchasing Ordinance allows that "if all bids are rejected, the purchasing agent may be authorized to re- solicit bids, negotiate a contract for the purchase, or abandon the purchase." Enclosures: Resolutions Request for Bids for Landscape Maintenance Services: Rohnert Park North Request for Bids for Landscape Maintenance Services: Rohnert Park Sorth CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: -" Consent Item ( ) Regular Time -(;-,) Approval (} Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by C cil ( ) City Comments: City Manager's Signature: Date: f RESOLUTION NO. 2008-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CALLING FOR SEALED BIDS FOR THE LANDSCAPE MAINTENANCE SERVICES CONTRACT — ROHNERT PARK NORTH WHEREAS, the City desires the landscaping of its parks, mini -parks and building grounds to be well -kept, safe and functional; and WHEREAS, the City wishes to accomplish the continuous upkeep of the landscaping through the services of a qualified professional landscape maintenance firm to provide a high level of services at competitive prices. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that the substantially complete plans and specifications for the Landscape Maintenance Services Contract — Rohnert Park North, are approved, that the approval of the final plans and specifications are delegated to the Public Works Director /City Engineer prior to bid issuance; and sealed bids for said services are hereby solicited. BE IT FURTHER RESOLVED that the City Clerk is directed to publish a Notice Inviting Sealed Bids for said services, referring to the plans and specifications on file in the City offices, and that the Public Works Director /City Engineer is authorized to approve addenda to the plans and specifications during the bidding phase of this project. DULY AND REGULARLY ADOPTED this 26`x' day of February, 2008. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor RESOLUTION NO. 2008 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CALLING FOR SEALED BIDS FOR THE LANDSCAPE MAINTENANCE SERVICES CONTRACT — ROHNERTPARKSOUTH WHEREAS, the City desires the landscaping of its parks, mini -parks and building grounds to be well -kept, safe and functional; and WHEREAS, the City wishes to accomplish the continuous upkeep of the landscaping through the services of a qualified professional landscape maintenance firm to provide a high level of services at competitive prices. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that the substantially complete plans and specifications for the Landscape Maintenance Services Contract — Rohnert Park South, are approved, that the approval of the final plans and specifications are delegated to the Public Works Director /City Engineer prior to bid issuance; and sealed bids for said services are hereby solicited. BE IT FURTHER RESOLVED that the City Clerk is directed to publish a Notice Inviting Sealed Bids for said services, referring to the plans and specifications on file in the City offices, and that the Public Works Director /City Engineer is authorized to approve addenda to the plans and specifications during the bidding phase of this project. DULY AND REGULARLY ADOPTED this 26`" day of February, 2008. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor City of Rohnert Park REQUEST FOR PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK NORTH RO"NERT PARk:; CALIV0RNI" Prepared By Public Works Department City of Rohnert Park 600 Enterprise Drive Rohnert Park, CA 94928 (707)588 -3300 CITY COUNCIL Mayor — Jake Mackenzie Vice -Mayor - Pam Stafford Amie Breeze Tim Smith Vicki Vidak- Martinez City Manager — Stephen R. Donley Public Works Director / City Engineer - Darrin Jenkins TABLE OF CONTENTS Para. No. Page PART 1 — BID DOCUMENTS Invitation for Sealed Proposals ............................................ ............................... 1 -1 Instructionsto Bidders ......................................................... ............................... 1 -3 Declaration of Understanding and Certification of Bidder . ............................... 1 -4 Bidder's Proposal ................................................................. ............................... 1 -6 Bidder's Questionnaire ...................................................... ............................... 1 -13 Contractor's License Declaration ....................................... ............................... 1 -15 References.......................................................................... ............................... 1 -16 Designatorof Sureties ....................................................... ............................... 1 -17 BidBond Form .................................................................. ............................... 1 -18 SampleContract ................................................................ ............................... 1 -20 Sample Certificate of Insurance and Endorsements ......... ............................... 1 -24 PART 2 — PROPOSAL TERMS AND GENERAL CONDITIONS 2.01 Proposal Contents ................................................................ ............................... 2 -1 2.02 Bid Proposals ....................................................................... ............................... 2 -1 2.03 Submissions of Bid Proposals ............................................. ............................... 2 -1 2.04 Bid Proposal Security .......................................................... ............................... 2 -2 2.05 Bid Proposal Postponement and Amendment ..................... ............................... 2 -2 2.06 Single Bid Proposal Response ............................................. ............................... 2 -3 2.07 Bid Proposal Withdrawal .................................................... ............................... 2 -3 2.08 Bidder Investigation ............................................................ ............................... 2 -3 2.09 Competency of Contr actors ................................................. ............................... 2 -3 2.10 Award .................................................................................... ............................2 -4 2.11 Compensation ...................................................................... ............................... 2 -5 2.12 Cost of Living Adjustment .................................................. ............................... 2 -5 2.13 Term of Contract ................................................................. ............................... 2 -6 2.14 Notice .................................................................................... ............................2 -6 2.15 Modifications .................... 2.16 Termination or Suspension of Agreement for Cause .......... ............................... 2 -6 2.17 Termination of Agreement Without Cause ......................... ............................... 2 -7 2.18 Assignment and Subcontracting .......................................... ............................... 2 -7 2.19 Insurance .............................................................................. ............................... 2 -8 2.20 Failure to Procure Insurance .............................................. ............................... 2 -10 2.21 Indemnification ................ 2.22 Legal Requirements and Permits .......................... 2.23 Federal & State Tax ........................................................... ............................... 2 -10 2.24 Waiver ............................................................................... ............................... 2 -11 2.25 Interpretation ...................................................................... ............................... 2 -11 2.26 Attorney's Fees .................................................................. ............................... 2 -11 2.27 Legality .................................................................................. ...........................2 -11 2.28 California Law ................................................................... ............................... 2 -11 2.29 Prevailing Wage Rate ........................................................ ............................... 2 -11 2.30 Payroll Records .................................................................. ............................... 2 -12 2.30 Immigration Reform Control Act of 1986 ........................ ............................... 2 -12 2.31 Compliance with Laws & Regulations ............................. ............................... 2 -12 2.32 Retention of Records ......................................................... ............................... 2 -12 2.33 Independent Contractor ......................................................... ...........................2 -12 2.34 Non - Collusion Affidavit .......................... ............................... 2.35 Entire Agreement ............................................................... ............................... 2 -13 PART 3 - SPECIAL PROVISIONS 3.01 Workmanship, Materials and Equipment ......................... 3.02 Level of Maintenance .................... 3.03 Licenses ............................................................................... ............................... 3 -1 3.04 Qualifications of Employees ............................................... ............................... 3 -2 3.05 Supervision .......................................................................... ............................... 3 -2 3.06 Weekly and Annual Schedules ........................................... ............................... 3 -3 3.07 Service Requests .................................................................. ............................... 3 -3 3.08 Work Schedule .................................................................... ............................... 3 -4 3.09 Holiday Schedule .... ............................... 3.10 Inclement Weather ............................................................... ............................... 3 -4 3.11 Availability .......................................................................... ............................... 3 -4 3.12 Examination of Site and Work ............................................ ............................... 3 -5 3.13 Storage Sites ........................................................................ ............................... 3 -5 3.14 Equipment ............................................................................... ............................3 -5 3.15 Traffic Control ..................................................................... ............................... 3 -6 3.16 Safety ...................................................................................... ............................3 -6 3.17 Underground Excavations ................................................... ............................... 3 -7 3.18 Runoff Mitigation Controls ................................................. ............................... 3 -7 3.19 Recycled Water Best Management Practices ...................... ............................... 3 -7 3.20 Cooperation and Collateral Work ....................................... ............................... 3 -9 3.21 Liability for Damages, Work Deficiencies and Corrections .............................. 3 -9 3.22 Performance Deficiency Deductions .............. 3.23 Exclusions from Contract .................. 3.24 Maintenance Inspections ................................................... ............................... 3 -12 3.25 Green Waste ...................................................................... ............................... 3 -12 3.26 Key Control ....................................................................... ............................... 3 -12 3.27 Job Meetings .............................. PART 4 - LANDSCAPE MAINTENANCE SPECIFICATIONS 4.01 Turf Mowing and Edging .................................................... ............................... 4 -1 4.02 Turf Aeration and Fertilization ............................................ ............................... 4 -2 4.03 Turf Broadleaf and Pest Control ......................................... ............................... 4 -2 4.04 Shrub and Hedge Pruning .................................................... ............................... 4 -3 4.05 Groundcover Pruning and Fertilization ............. 4.06 Flower Bed Maintenance and Renovation .......................... ............................... 4 -4 4 -07 Debris Clean- Up .................................................................. ............................... 4 -4 4.08 General Pesticide Application for Weed and Insect Pest Suppression .............. 4 -4 4.09 Irrigation System Maintenance, Repair and Parts ............... ............................... 4 -5 4.10 Irrigation Schedule .............................................................. ............................... 4 -7 4.11 Hardscape Maintenance ...................................................... ............................... 4 -7 4.12 Bike Path Maintenance ....................... 4.13 Parkways, Islands, Sound Walls and Walkways ................ ............................... 4 -8 4.14 Tree Maintenance and Tree Wells ...................................... ............................... 4 -9 4 -15 Green Waste Recycling ....................................................... ............................... 4 -9 4.16 Site Specifications: Parks .................................................... ............................... 4 -9 4.17 Site Specifications: Mini -Parks ........................................... ............................... 4 -9 4.18 Site Specifications: City Buildings & Facilities ................ ............................... 4 -10 4.19 Site Specifications: Islands, Medians and Parkways ........ ............................... 4 -11 EXHIBIT A: MAPS '•' INVITATION FOR SEALED BIDS CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES: ROHNERT PARK NORTH Notice is hereby given that on Thursday, April 3, 2008, at 6750 Commerce Boulevard, Rohnert Park, California, the City of Rohnert Park will receive and open sealed bids for Landscape Maintenance Services — Rohnert Park North. Bids must be received by the Public Works Director before 2:00:00 PM on April 3, 2008, based on the Official Bid Clock displayed in the area where bids are submitted. The work consists of furnishing all materials, equipment, tools, labor and incidentals as required by the specifications and contract documents for the above - mentioned project. The general items of landscape maintenance to be done include, but are not limited to: inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, de- thatching, plant replacements, renovation, and clean -up; and irrigation maintenance, including inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The contractor must have a valid California Class C27 contractor's license, a Pest Control Business License, and a Qualified Applicators License. A statement of the prevailing wage rate is on file in the office of the Rohnert Park City Clerk, 6750 Commerce Boulevard, Rohnert Park, California. This notice incorporates by reference the terms, conditions and requirements of the specifications approved by the City, any and all changes or amendments to the specifications and special instructions or special notice issued to or given to prospective bidders. The City of Rohnert Park makes no representation or warranty of the condition of the jobsite. All prospective bidders are requested to carefully review the plans and specifications and to examine and conduct tests or otherwise satisfy themselves as to the conditions at the project site, subject to coordination with the Department of Public Works, City of Rohnert Park. A mandatory pre - proposal meeting will be held on Thursday, March 13, 2008, at 10:00 AM, at the Rohnert Park City Hall Council Chambers, 6750 Commerce Boulevard, Rohnert Park, CA 94928. It is the responsibility of each bidder to become familiar with all the specifications and every location where services will be provided and as indicated in the attached site maps. Bid proposal forms and specifications may be obtained from the City of Rohnert Park, Attn: Eydie Tacata, 6750 Commerce Blvd., Rohnert Park, California 94928, telephone: (707) 588 -2205. Bid proposal forms and specifications may be purchased for a nonrefundable fee of $30.00 if picked up, or payment of a $45.00 nonrefundable fee, if mailed. All bid proposals must be on forms furnished by the City, submitted in sealed envelopes and clearly marked: "BID PROPOSAL: LANDSCAPE MAINTENANCE SERVICES — ROHNERT PARK NORTH." City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Invitation for Sealed Bids 1 - 1 Each proposal must be accompanied by a certified check, cashier's check drawn on a bank in good standing, or a Bid Bond issued by a Surety executed by an admitted surety insurer authorized to transact business in this State, made payable to the City, in an amount not less than ten percent (10 %) of the bidder's total amount for one (1) year of the contract period. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council at a future City Council meeting. A Landscape Maintenance Services Contract will be awarded to the lowest responsive and qualified bidders whose bid, in the City's sole and absolute judgment, will best serve the interest of the City of Rohnert Park. Dated: February 27, 2008 City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Invitation for Sealed Bids /s/ JUDY HAUFF City Clerk of the City of Rohnert Park 1 -2 INSTRUCTIONS TO BIDDERS The bidder shall file his bid with the Public Works Director of the City of Rohnert Park, California, using the copy of the Bid Proposal Forms furnished with the specifications. These documents shall be placed in a sealed envelope marked, CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES: ROHNERT PARK NORTH and addressed to the Public Works Director of the City of Rohnert Park, California. Said sealed bids must be delivered to the office of the City Engineer of said City located at City Hall, 6750 Commerce Boulevard, Rohnert Park, California, before 2:00:00 PM on Thursday, April 3, 2008, based on the Official Bid Clock displayed in the area where bids are submitted. The bidder shall not file the book of Special Provisions, Specifications or Exhibits or Attachments with his bid. The bidder's attention is directed to the Proposal Terms and General Conditions section in Part 2 of this document for proposal requirements and conditions, and information regarding award and execution of the contract. Contractor submitting a bid to the City of Robnert Park, a public entity, must state, under penalty of perjury, the contractor's license number and the license's expiration date. This information must be entered in the Contractors License Declaration of the Bid Proposal Forms. Any explanation desired by the bidders regarding the meaning or interpretation of the maps and specifications must be requested in writing and in sufficient time to allow for a reply to reach them before the submission of their bids. Oral explanation or instructions given before award of the contract will not be binding. Any interpretations made will be in the form of an addendum to the specifications and will be furnished to all bidders and its receipt by the bidder shall be acknowledged. The quantity of work in the Bidder's Proposal as enumerated in the Bid Schedule and Unit Prices is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved to increase or decrease, or to entirely eliminate items from the work if found desirable or expedient. The contractor will be allowed no claims for anticipated profits, loss of profits, or for any damages of any sort because of any difference between the estimated and the actual quantities of work done. The wording of the proposal shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures or interlineations in the proposal must be explained or noted over the signature of the bidder. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Instructions to Bidders 1 -3 DECLARATION OF UNDERSTANDING AND CERTIFICATION OF BIDDER CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK NORTH To: City Council, City of Rohnert Park The undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co- partnership, give the name under which the co- partnership does business, and the names and addresses of all co- partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any other person, firm, or corporation. (c) That the bidder has carefully examined the locations of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That the bidder has carefully examined the drawings and specifications and makes this proposal in accordance therewith. (e) That the bidder has read the insurance requirements in Part 2, Proposal Terms and Conditions Section 2.19, Insurance of this bid document. (f) That the bidder has conferred with his insurance carriers or brokers to determine in advance of the bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. (g) That failure to comply strictly with the insurance requirements may result in forfeiture of the bid security and withdrawal of the bid proposal. (h) That if the bid is accepted, the bidder will enter into a written contract for the performance of the proposed work with the City of Rohnert Park, California, and furnish the required proof of insurance including certificates and endorsements within ten (10) calendar days after the date of mailing written notice to the successful bidder that the contract has been awarded. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Declaration of Understanding and Certification of Bidder 1 - 4 (i.) That the bidder proposes to enter such contract and to accept in full payment for the work actually done thereunder the prices shown on the attached schedule. Accompanying this proposal is a certified or cashier's check, or bidder's bond payable to the order of the City Clerk of the City of Rohnert Park, in the sum of Dollars ($ ). Said bidder's bond submitted is the City's bid bond form or a bid bond approved in advance by the City Attorney. Said bid security has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in the State of California. It is understood and agreed that should the successful bidder fail, to enter into the contract and furnish acceptable surety bonds and insurance forms included herein, within ten (10) days after the City's mailing of written notice to the successful bidder that the contract has been awarded then the proceeds of said check, or bidder's bond, shall become the property of the City. If the contract is entered into and said bonds are furnished or if the bid is not accepted, then said check shall be returned to the undersigned or the bidder will be released from the bidder's bond. Address of Bidder City Telephone Number of Bidder Signature of Bidder City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Declaration of Understanding and Certification of Bidder 1 -5 BIDDER'S PROPOSAL CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK NORTH BID SCHEDULE Bidders shall provide proof of their qualifications, and their ability to provide the equipment and personnel to accomplish this work. The square footages listed in the Bid Schedule and the estimate of quantities set forth in the Unit Prices are approximates only. They are given as a basis for the comparison of bids and are provided to assist the contractor in preparing a bid. Actual footage and quantities may vary. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City. Bid items are not intended to be exclusive descriptions of work categories and the contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each bid item as shown and specified over the term of this contract. Landscape Maintenance Service Area ROHNERTPARK -NORTH City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -6 Map # in Landscape type & area detail Landscaping area SITE Exhibit A (s.f.) total (s.f.) Site yearly cost A. PARKS 1. Dorotea Park 4 Non -turf 45,935 221,721 Turf 175,786 2. Eagle Park 5 Shrub 15,261 341,352 Turf 326,091 Hedge 2,478 3. Golis Park 2 Shrub 39,985 423,929 Turf 381,466 Shrub 39,615 4. Honeybee Park 2 Tree 2,205 163,725 Turf 121,905 5. Roberts Lake Park 1 Turf 158,179 158,179 Hedge 7,289 6. Sunrise Park 8 Tree 38,837 377,473 Turf 331,347 B. MINI -PARKS 1. Civic Center Mini -Park 8 Turf 8,138 8,138 Foothills Mini -Park on 2 Jasmine Circle 8 Turf 8,381 8,381 3 Hinebaugh Creek Park @ Country Club Dr. 5 Turf 7,720 7,720 4 Meadow Pines Park on Civic Center Drive 8 Turf 17,895 17,895 Country Club Drive @ Golf 5 Course Drive 8 Turf 54,291 54,291 City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -6 BIDDER'S PROPOSAL (continued) A. SUM OF SITE YEARLY COSTS City of Rohnert Park - Landscape Maintenance Services - Rohnert Park North Bidder's Proposal 1 -7 Map # in Landscape type & area detail Landscaping area SITE Exhibit A (s.f.) total (s.f.) Site yearly cost C. CITY BUILDINGS & FACILITIES 1. Animal Shelter 4 Turf 2,937 2,937 2. City Annex & Senior Center 7 Turf 9,458 9,458 3. Community Center Complex 8 Turf 207,402 207,402 Turf 2,688 4. Library 7 Shrub 392 7,500 Hardscape 1,080 Xerisca e 3,340 5. Wastewater Plant 4 Turf 4,076 4,076 D. ISLANDS I MEDIANS / PARKWAYS 1. Business Park Drive 3,4 Turf 52,578 52,578 2. Commerce Blvd. 1, 4, 7 Turf 97,241 97,241 3. Country Club Drive 1, 5, 8 Turf 104,869 104,869 4. Golf Course Drive 1, 2, 4, 5, Turf 228,365 228,365 5. Heritage Lane 2 Non -turf 31,008 Turf 10,023 41,030 6 Roberts Lake Road (west 1 Turf 24,664 24,664 side 7 Roberts Lake Road Park -and 1 Turf 23,153 23,153 Ride Rohnert Park Expressway 8. (East of NWPRR railroad 7,8 Turf 51,501 51,501 tracks Rohnert Park Expressway 9. (West of NWPRR railroad 6,7 Turf 3,398 3,398 tracks 10. San Simeon 8 Turf 5,162 5,162 11. Seed Farm Drive 7 Turf 18,021 18,021 12. Snyder Lane 2, 5, 8 Turf 58,665 58,665 13. State Farm Drive 4,7 Turf 12,394 12,394 A. SUM OF SITE YEARLY COSTS City of Rohnert Park - Landscape Maintenance Services - Rohnert Park North Bidder's Proposal 1 -7 BIDDER'S PROPOSAL (Continued) UNIT PRICES The contractor will be paid for services during the term of this contract in accordance with this Unit Price Schedule. Unit Prices shall include all of contractor's costs, labor, material (where not supplied by the City), supervision, overhead and profit. Unit Prices as bid are also for the pricing of changes in the quantity from that indicated by the Contract, where such changes have been authorized in writing by City. The bidder agrees to accept any and all areas that are added to the landscape area at the Unit Prices. listed during the course of this contract. The City reserves the right, prior to an award of Contract, to evaluate the Unit Prices submitted and adjust and /or reject any Unit Price that is determined by the City to be unreasonable in amount. The quantities presented here are as a means of comparing bids from interested bidders. In case of discrepancy between the Unit Price and the Total Cost set forth for the item, the Unit Price shall prevail. If the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the Total Cost column, then the amount set forth in the Total Cost column for the item shall prevail in accordance with the following: The amount set forth in the Total Cost column shall be divided by the Quantity for the item and the price thus obtained shall be the Unit Price. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -8 Item Quantity Unit Unit Price Total Cost A. TURF MAINTENANCE (1) Turf mowing — ride -mower 1 acre (Sec. 4.01) (2) Turf mowing — walk - behind 1 (Sec. 4.01) acre (3) Turf trimming & edging (Sec. 4.01) 1000 LF (4) Additional aeration (Sec. 4.02) 1 acre (5) Additional aeration (Sec. 4.02) 1 acre (6) Turf pest control (Sec. 4.03) 1 acre () Turf pest control spot treatment 1 hour (Sec. 4.03) City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -8 BIDDER'S PROPOSAL (Continued) B. SHRUB, HEDGE & GROUNDCOVER MAINTENANCE (1) Shrub and hedge pruning (Sec. 4.04) 10,000 SF (2) Ground cover pruning (Sec. 4.05) 10,000 SF (3) Fertilization (Sec. 4.05) 1000 SF (4) Weeding and clean -up (Sec. 4.06) 1 hour (5) Shrub and groundcover pest control 1 hour C. FLOWER BED MAINTENANCE AND RENOVATION (1) Install color accent bedding plants (Sec. 4.06) 10 SF (2) Fertilization 10 SF C. HARDSCAPE (Non -turf) MAINTENANCE (1) Weed control spot treatment in hardsca e (Sec. 4.11) 1 hour (2) Litter and debris removal (Sec. 4.11) 1 hour (3) Tree pest control spot treatment 1 hour D. BIKE PATH MAINTENANCE (1) Bike path maintenance (Sec. 4.12) 100,000 SF E. IRRIGATION (1) Time clock adjustment (Sec. 4.10) 1 hour (2) Routine repairs (Sec. 4.09) 1 hour (3) Upgrades (Sec. 4.09) 1 hour (4) New installation (Sec. 4.09) 1 hour City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -9 BIDDER'S PROPOSAL (Continued) G. PARKWAYS, ISLANDS, SOUNDWALLS AND WALKWAYS 1 ) (walkways Parkways, islands, sound walls and 1000 SF (Sec. 4.13) (2) Fall leaf removal 1000 SF B. SUM of UNIT PRICE TOTAL COSTS City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -10 BIDDER'S PROPOSAL (Continued) COMBINED BID PROPOSAL PRICE FOR COMPARISON PURPOSES (In the event of a discrepancy between words and figure, the words shall prevail.) A. SUM OF SITE YEARLY COSTS (from Page 1 -7) (Figures) Dollars and B. SUM OF UNIT PRICE TOTAL COSTS (from Page 1 -10) $ (Figures) Dollars and C. TOTAL BID PROPOSAL AMOUNT (A + B) (Figures) Dollars and Cents Cents Cents The lowest bid shall be the lowest bid price submitted on Item A: Sum of Site Yearly Costs. The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Bidder Company Name Address of Bidder City FAX Number of Bidder Contractor's License Number Signature of Bidder Name of Bidder (Print) Telephone Number of Bidder License's Expiration Date City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 - 11 ADDENDUM ACKNOWLEDGEMENTS ADDENDUM #1 Received by Date ADDENDUM #2 Received by Date ADDENDUM #3 Received by Date ADDENDUM #4 Received by Date ADDENDUM #5 Received by Date ADDENDUM #6 Received by Date City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bidder's Proposal 1 -12 BIDDER QUESTIONNAIRE CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK NORTH In submitting a proposal, each bidder shall also provide the information requested below. Use additional sheets, if necessary. Brochures and advertisements will not be accepted as a direct response to the questionnaire. A responsive and qualifying proposal must address all items. Incomplete proposals will be rejected. (1) Organization: Describe your firm's qualifications to provide the service specified in this RFP. Be sure to include: founding date (month and year) and brief history of firm; facility /office location(s), current number of employees (full -time and part- time); equipment acquired / available for the work; firm's vision and mission statements, and key services offered. Attach an organization chart showing the project administrator, supervisor(s) and crews proposed for this project. (2) Experience: Describe your firm's experience with municipal landscaping and number of years of experience in projects of this type. (3) Current Work: Is your firm currently performing a contract in the vicinity? If so, with whom, and briefly describe the scope of that work. (4) Contract Administrator: Indicate the name, title, telephone number and years of experience of the individual who will be administering the contract, if contract is awarded to your firm. (5) Supervisor: Indicate the name, title, telephone number, and years of experience of the proposed supervisor, per Section 3.05 a — c Supervision in the Special Provisions, if contract is awarded to your firm. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Part 2 — Bidder Questionnaire 1 -13 (6) Emergency information: List names and telephone numbers of persons that the City may need to contact in case of an emergency after hours, on weekends or holidays. (7) Quality Control Program: Describe your firm's established Quality Control program that you will be providing to the City to ensure a high level of performance on a consistent basis. Include any examples of forms currently being utilized and their particular functions /uses. (8) Environmentally - Responsible Practices: Describe your firm's staffing, training, policies or programs that demonstrate environmental responsibility (for example, certified water auditors on staff, a written IPM program, waste reduction policies, certified green business, etc.). (9) Affiliations and Accreditations: What are some of your firm's professional affiliations and accreditations? City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Part 2 — Bidder Questionnaire 1 -14 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is (hereinafter the "Bidder ") 1. Bidder's Contractor's License Number is as follows: of (party making foregoing bid) 2. The expiration date of Bidder's Contractor's License is , 20 3. Bidder acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non- responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20 , at (insert city and state where Declaration signed). Signature Typed Name Title Bidder Company Name City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Contractors License Declaration 1 -15 REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed similar work within the past two (2) years: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North References 1 -16 DESIGNATOR OF SURETIES The following are the names, addresses, and phone numbers for all brokers and sureties from whom bidder intends to procure insurance and bonds: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Designator of Sureties 1 -17 BID BOND Bond No. WHEREAS, ( "Principal ") intends to submit a bid to the City of Rohnert Park ( "City ") for the above - referenced Project, and the terms of the bid require the Principal to submit bidder's security. NOW, THEREFORE, Principal and ( "Surety "), are hereby held and firmly bound unto the City in the amount of ten percent (10 %) of the bid amount set forth in the Principal's bid for the above - referenced Project, for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal submits a bid for the above - referenced Project, the terms and conditions of which are incorporated herein by reference, and if said bid is rejected by the City, or if said bid is accepted by the City and the Bidder properly executes and submits to the City the Agreement and all required documents (including the Faithful Performance Bond and Labor and Material Bond, if required, and the Insurance Certificates and Endorsements), then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by an agreement between the City and the Principal to extend the time within which the City may accept the Principal's bid, and the surety hereby waives notice of any such extension. In the event suit is brought upon this bond, the surety shall pay reasonable attorneys' fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond. IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles and signatures. Principal: (Name of Firm) By: Title: Date: Surety: (Name of Firm) By: Title: Date: Address for Notices to Surety: Note: Notary acknowledgment for Surety and Surety's Power of Attorney must be attached. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Bid Bond Form 1 -18 CONTRACT CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK NORTH THIS AGREEMENT, made and entered into this day of , 20, by and between , hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The contractor shall perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on , the items and quantities of which are more particularly set forth in the contractor's bid therefor on file in the office of the City Clerk, except work done or to be done by others. 2. Time of Performance and Liquidated Damages: The contractor shall begin work within fifteen (15) calendar days after official notice by the Public Works Director to proceed with the work and shall diligently prosecute the same through the contract period. 3. Payments: Payments will be made by City to the contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in contractor's bid. The award of the contract is for a total amount of 4. Component Parts: This contract shall consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals C) Instruction to Bidders d) Accepted Bid Proposal e) Bid Bond f) Proposal Terms and Conditions City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Sample Contract 1 -20 f) Special Provisions g) Landscape Maintenance Specifications h) Exhibits to Request for Proposal i) Certificates of Insurance and Endorsements 5. Wage e: Pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Section 1770) of the Labor Code and particularly Section 1775 thereof, shall be complied with. Notice is hereby given that, pursuant to Section 1773.8 of the Labor Code of the State of California that the payment of travel and subsistence payments to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section of the Labor Code. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. 6. Hours of Labor: The contractor shall forfeit, as penalty to said City, Twenty -five Dollars ($25.00) for each workman employed in the execution of the contract by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the Labor Code of the State of California. 7. Apprentices: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the rules and procedures of the California Apprenticeship Council, properly indentured apprentices shall be employed in the prosecution of the work. The ratio of apprentices to journeymen who shall be employed in the respective crafts or trades may be the ratio stipulated in the apprenticeship standards under which the appropriate joint apprenticeship committee operates. In no event shall the ratio be less than one apprentice for each five journeymen unless a certificate of exemption has been issued by the Division of Apprenticeship Standards. Willful failure by the contractor to comply with said Section 1777.5 shall result in his being denied the right to bid on a public works contract for a period of six months from the date the determination is made. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Sample Contract 1 -21 8. Labor Discrimination: Contractor shall comply with Section 1735 of the Labor Code, which provides: "No discrimination shall be made in the employment of persons upon public works because of race, color, national origin or ancestry, religion, or handicap of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." 9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 10. Indemnity: To the fullest extent permitted by law, contractor shall indemnify, hold harmless, release and defend City, its officers, employees, consultants and volunteers 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 contractor, in whole or in part, arising out of contractor's activities hereunder, including the activities of other persons employed or utilized by contractor in the performance of this Agreement 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 contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by contractor and shall continue to bind the parties after termination/completion of this Agreement. 11. Attorneys Fees: In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Sample Contract 1 -22 IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK <<CONTRACTOR>> (SEAL) (SEAL) ATTEST: APPROVED AS TO FORM: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Sample Contract 1 -23 Exhibit 1 INSURER ISO FORM CG 20 10 11 85 (MODIFIED) (i) POLICY NO: COMMERCIAL GENERAL LIABILITY ENDORSEMENT NO: THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization: (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of "your work" performed for that insured. Modifications to ISO for CG 20 10 11 85 1. The insured scheduled above includes the insured's elected or appointed officers, officials, employees and volunteers. 2. This insurance shall be primary as respects the additional insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Additional Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Additional Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. 3. The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Signature- Authorized Representative Address CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified) G.." ;": CERTIFICATE OF INSURANCE ISSUE DATE MM /DD/YY) CITY OF ROHNERT PARK (the "City ") THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT PRODUCER AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BEST'S COMPANIES RATING COMPANY LETTER A COMPANY LETTER B INSURED COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEN BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $ PRODUCTS - COMP /OPS AGGREGATE $ GENERAL LIABILITY ❑ COMMERCIAL GENERAL LIABILITY $ ❑ CLAIMS MADE ❑ OCCUR PERSONAL & ADVERTISING INJURY EACH OCCURRENCE $ ❑ OWNER'S & CONTRACTOR'S PROT. ❑ OTHER $ FIRE DAMAGE (Any one fire) MEDICAL EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED $ ❑ SINGLE LIMIT BODILY INJURY $ ANY AUTO C3 ALLOWNED AUTOS Per Person) ❑ SCHEDULED AUTOS BODILYINJURY $ ❑ HIRED AUTOS Per accident ❑ NON - OWNEDAUTOS ❑ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY $ ❑ UMBRELLA EACH OCCURRENCE AGGREGATE $ ❑ OTHER THAN UMBRELLA FORM STATUTORY C1 WORKER'S COMPENSATION AND EACH ACCIDENT $ DISEASE- POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE $ PROPERTY INSURANCE ❑ COURSE OF CONSTRUCTION AMOUNT OF INSURANCE $ DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above - described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below. 2. The City, its officials, officers, employees and volunteers are added as insureds on all liability insurance policies listed above. 3. It is agreed that any insurance or self- insurance maintained by the City will apply in excess of and not contribute with, the insurance described above. 4. The City is named a loss payee on the property insurance policies described above, if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against the City. 6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting from work for the City or use of the City's premises or facilities. (b) CERTIFICATE HOLDER /ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE CITY OF ROHNERT PARK SIGNATURE 6800 HUNTER DRIVE P. O. BOX 1489 TITLE ROHNERT PARK, CA 94927 -1489 PHONE NO. PART 2 PROPOSAL TERMS AND GENERAL CONDITIONS 2.01 PROPOSAL CONTENTS This proposal. consists of • Invitation for Sealed Bids • Bidder's Proposal • Terms and Conditions • Special Provisions • Landscape Maintenance Specifications • Exhibits • Maps • Bid Proposal Bond • Insurance Certificate & Endorsements and other terms and conditions as are attached or incorporated by reference in the schedule of the Invitation for Sealed Bids. 2.02 BID PROPOSALS Contractors are required to submit a bid proposal on all items. Bid Proposal submittals that do not address all items will not be considered. All prices and bid proposals must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink be person signing the bid proposal. All proposals must be signed with the firm's name by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 2.03 SUBMISSIONS OF BID PROPOSALS Each bid proposal must be submitted on the prescribed form in a sealed envelope with the bid proposal name, closing date and time on the outside. Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of the Request for Proposals. The information requested and the manner of submission are essential to permit prompt evaluation of all bid proposals on a fair and uniform basis. Accordingly, the City reserves the right to declare as non - responsive, and reject any bid proposal in which material information requested is not furnished or where indirect or incomplete answers or information is provided. Bid Proposals and modifications or corrections thereof received after the closing time specified City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2 -1 will not be considered. No telegraphic, telephone or facsimile of bid proposals will be accepted. If a photocopy is to be submitted, it must be signed in original, in ink. 2.04 BID PROPOSAL SECURITY Bid proposals must be accompanied by a certified check, cashier's check drawn on a bank in good standing, or a Bid Bond issued by a surety executed by an admitted surety insurer authorized to transact business in this State, made payable to the City, in an amount not less than ten percent (10 %) of the bidder's total amount for one (1) year of the contract period. A proposal shall not be considered unless one of the forms of bidder's security is enclosed with it. A bidder's bond will not be accepted unless it has been properly filled out and executed by the surety and by the bidder. All bid prices shall be held firm for a period of at least sixty (60) days from the date of the bid opening. The ten percent (10 %) bid bond is a guarantee that the successful bidder awarded the Contract shall enter into and fully execute a contract with the City. In the event of a bidder who is awarded the Contract does not enter into a contract with the City, the ten percent (10 %) bid bond shall be forfeited to the City. The City will either award or reject bids within sixty (60) days of the bid opening. The ten percent (10 %) bidder's bond of the three (3) responsive, responsible bidders will be held by the City until a contract is fully executed by the successful bidders awarded the Contract, at which time the bid bonds will be returned to the other responsive, responsible bidders. All other ten percent (10 %) bid bonds will be returned to those bidders within sixty (60) days of the bid opening. The Attorney -in -Fact who executes this bond in behalf of the surety must attach a notarized copy of his power -of- attorney as evidence of his authority to bind the surety on the date of execution of the bond. Where State Statute requires, certification by a resident agent shall also be provided. If the bidder elects to furnish a Bid Bond, they shall use the City's Bid Bond form or a bid bond approved in advance by the City Attorney. 2.05 BID PROPOSAL POSTPONEMENT AND AMENDMENT The City of Rohnert Park reserves the right to revise or amend the specifications up to the time set for opening of bid proposals. Such revisions and amendments, if any, shall be announced by addenda to this solicitation. Copies of such addenda shall be furnished to all prospective bidders. Prospective bidders are defined as those contractors listed in the City's Request for Proposals list for this material /service, or who have obtained his documents subsequent to the advertisement. If revisions and amendments require changes in quantities or prices propose, or both, the date set for opening of bid proposals may be postponed by such number of days as in the opinion of the City shall enable the contractors to revise their bid proposals. 2.06 SINGLE BID PROPOSAL RESPONSE City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 2 -2 Proposal Terms and General Conditions If only one bid proposal is received in response to the Request for Proposals, a detailed cost bid proposal may be requested of the single Contractor. A cost /price analysis and evaluation and /or audit of the cost proposal may be performed in order to determine if the price is fair and reasonable. 2.07 BID PROPOSAL WITHDRAWAL After the bid proposals are opened, bids may not be withdrawn for sixty (60) calendar days. Prior to the date /time set for the bid opening, however, bid proposals may be modified or withdrawn by the Contractor's authorized representative in person, by written notice or by facsimile notice. If bid proposals are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the bid proposal. Written or facsimile notices shall be received in the office designated on the Invitation for Sealed Proposals no later than the exact date /tune for the bid opening. A facsimile modification or withdrawal received in the designated office no later than the date /time set for the bid opening shall be considered if such message is confirmed in writing by fax. 2.08 BIDDER INVESTIGATION Before submitting a bid proposal, each Contractor shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the bidder will rely. If the Contractor receives an award as a result of its bid proposal submission, failure to have made such investigations and examinations will in no way relieve the Contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the contract for additional compensation. 2.09 COMPETENCY OF CONTRACTORS No bid proposal will be accepted from or contract awarded to a Contractor who is not licensed in accordance with the law, who does not hold a license qualifying him to perform work under this contract, to whom a bid form has not been provided and who has not successfully performed on projects of similar character and scope. The Contractor may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner. Generally, Contractor history and references are required at a minimum. The City may make reasonable investigations deemed necessary and proper to determine the ability of a Contractor to perform the work, and Contractor shall furnish the City all information requested for this purpose. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2-3 2.10 AWARD A Landscape Maintenance Services Contract will be awarded to the responsive and qualified bidder who submits the lowest bid, and in the City's sole and absolute judgment, will best serve the interest of the City of Rohnert Park. The City of Rohnert Park reserves the right to accept bid proposals on individual items listed, on group items, or on the proposal as a whole; to reject any and all bid proposals; to waive any informality and irregularities in the bids; and to accept the bid proposal that appears to be in the best interest of the City. In determining and evaluating the lowest qualified bidder, the following elements shall be considered, in addition to price: (a) That the products offered provide the quality, fitness, and capacity for the required usage; (b) That the bidder has the ability, capacity and skill to perform the contract satisfactorily and within the time required; and (c) That the bidder's experience(s) regarding past purchases by the City or other public agencies demonstrates the reliability of the bidder to perform the contract. Elements listed in the Bid Evaluation Factors in the Introduction section will also be part of evaluating qualified bidders. Contractors shall be required to provide the information requested under Bidders Questionnaire in the Bid Documents. Failure to provide this information may be sufficient reason to declare the bid proposal non - responsive. The City Manager, or designee, shall be the sole judge in the determination of these matters. The execution of this Bid Proposal by the bidder shall constitute a non - revocable continuing offer by the bidder for a period of sixty (60) days, any time during which the City may accept the bid. The City Council's authorization to the Mayor of the City of Rohnert Park to execute this Bid Proposal shall constitute acceptance of the offer and award of the Contract by the City. Notice of contract award, if awarded, will be made within sixty (60) days of opening of bid proposals to the lowest responsive and responsible Contractor, whose bid proposal complies with all the requirements in the Request for Proposals. Contractor shall submit to the City, for approval, within ten (10) days from notice of contract award, all Certificates of Insurance and Endorsements evidencing the required coverage as described under the Insurance in the schedule of the Request for Proposals. The Contractor shall not commence work under the terms and conditions of the Contract until all Certificates of Insurance and Endorsements have been approved by the City and he /she has received notice to proceed in writing and an executed copy of the contract from the City of Rohnert Park. If, at the time this Contract is to be awarded, the total of the acceptable proposals exceeds the funds then estimated by the City as available, the City may reject all proposals or take such other action as best serves the City's interests. THE CITY RESERVES THE RIGHT TO ADJUST AND /OR DELETE ANY PORTION OF THIS CONTRACT. If the lowest responsive and qualified bidder fails to sign a Contract, provide acceptable City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 2 -4 Proposal Terms and General Conditions Insurance Certificates and Endorsements, and secure a City Business License, the City may award the Contract to the second lowest responsive qualified bidder. Such award, if made, will be made no sooner than sixty (60) days after Council award of Contract. 2.11 COMPENSATION In consideration for the Contractor's timely and faithful performance of the Work, the City shall pay to the Contractor the fees set forth in the Bidder's Proposal. The Contractor shall submit invoices to the City on a monthly basis. Payment each month will be based upon actual work performed and accepted by the City. Each invoice shall itemize the work performed that is part of the monthly and annual schedules agreed upon per Section 3.06, Monthly and Annual Schedules in the Special Provisions, or by assigned work orders authorized by service request per Section 3.07, Seri)ice Requests in the Special Provisions. As required in Section 3.06, Monthly and Annual Schedules of the Special Provisions, the invoices will include a report of the scheduled and completed work. This report shall include: (1) specific work perfonmed, (2) location of the work, and (3) unit price, quantity and extended price. The Contractor shall submit his invoice to the City of Rohnert Park, Accounts Payable Department, Post Office Box 1489, Rohnert Park, CA, 94927 -1489. The City may withhold payment of any portion of the compensation if payment is disputed until resolution of the dispute with the Contractor. Such withholding by the City shall not be deemed to constitute a failure to pay by the City. The Contractor shall not discontinue the performance of the Work for a period of thirty (30) days from the date Compensation is withheld hereunder. The Contractor shall have an immediate right to appeal to the Public Works Director and the City with respect to withheld amounts. The determination of the Public Works Director and the City with respect to such matters shall be final. The Contractor shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the Contractor at the rate of seven percent (7 %) per annum, simple interest. Deductions from payment for deficiencies in work may also be applied per Section 3.22, Pef.fonnance Deficiency Deductions in the Special Provisions. 2.12 COST OF LIVING ADJUSTMENT The contractor may request a cost of living adjustment once per contract year. The request shall be made at least 60 days prior to its implementation. Prices may be adjusted annually (on the day the contract was signed by the City of Rohnert Park and the Contractor) by an amount not to exceed the Consumer Price Index, All Urban Consumers, San Francisco - Oakland -San Jose area, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12- month period. Prices shall remain firm for the following 12 -month period. The charges may be increased in the following manner: the numerator will be the CPI (as listed above) of the month three (3) months prior to the Adjustment Date and the denominator will be the CPI (as listed above) of the previous year of the month three (3) months prior to the signing of the contract. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2 -5 Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. 2.13 TERM OF CONTRACT The Contractor shall provide the services contained in these specifications for the period of three (3) years, unless sooner terminated in accordance with the provisions of these specifications. The City reserves the right to extend this Agreement, without holding new bidding procedures, on a year -to -year basis, up to three (3) years beyond the proposed initial term if mutually agreed to by the City and the Contractor. 2.14 NOTICE The address to be used for any given notice served by mail upon the Contractor shall be that which is stated in 'Bidder's Proposal" or such other place as may hereinafter be designated in writing to the City by the Contractor. Any notice served by mail upon the City shall be addressed to the City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, CA 94928, or such other place as may hereinafter be designated in writing to the Contractor. 2.15 MODIFICATIONS Should the City, at any time during the term of this contract, request any alterations, deviations, additions, or omissions from the contract specifications or landscape maintenance areas, it shall be at liberty to do so, and the same shall in no way effect or make void this contract. Changes in the areas to be maintained may be made as the City accepts new areas and /or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Verbal change orders are not permitted. The Contractor agrees that as additional landscaped areas are added, the Contractor shall maintain such additional landscaped areas in accordance with the terms of this contract and at the rates specified in the Unit Pricing form of the Bid Schedule. The City reserves the right to make additions, deletions, revisions, and /or otherwise modify the Landscape Maintenance Specifications. The Contractor shall be liable for all costs resulting from and /or for satisfactory correcting, any specification change or properly ordered written modification to the contract and signed by the City of Rohnert Park. Any changes in the specification that causes the Contractor to suffer additional expenses may be negotiated upon written justification. 2.16 TERMINATION OR SUSPENSION OF AGREEMENT FOR CAUSE The following are basis for termination of contract by the City: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 2 "6 Proposal Terms and General Conditions I . Bankruptcy of the Contractor, or assignment by it, for the benefit of its creditors. 2. Failure or refusal by the Contractor (after written warning by the City) to perform the services specified herein in a satisfactory manner, as determined by the Public Works Director. 3. Failure or refusal by the Contractor to comply with the instructions of the City or with applicable Federal, State and local governing and licensing laws or codes. 4. Failure by the Contractor to perform any of its obligations hereunder shall not constitute a breach of the contract if such failure is caused by an act of God, failure to obtain materials, or by a strike of employees of the Contractor which caused a cessation or interruption of service, provided that if the Contractor is excused from performing its obligations hereunder for either of the foregoing reasons for a period of thirty (30) days or longer the, City shall have the right to tenninate this agreement after notice and a hearing before the Public Works Director. 5. Discrimination against any employee or person on account of an individual's race, color, sex, religion, background, ancestry, national origin, or handicap. 6. By mutual written agreement of both the City and the Contractor. Termination of this contract under conditions 1 through 5 above, shall be considered "for cause" and the Contractor may not claim any damages against the City for the termination action. In addition, the City reserves the right to withhold payment to the Contractor, suspend the contract and /or provide substitute service with all charges in excess of contract rates therefore to be paid by the Contractor in the event the Contractor fails to meet any of the specifications with regard to quality and /or level of service as described within these specifications, until such time as the City determines that the Contractor has satisfactorily corrected any such deficiencies within the time frame called for by the City. Such suspension shall be considered "for cause" and the Contractor may not claim damages against the City for such suspension action. 2.17 TERMINATION OF AGREEMENT WITHOUT CAUSE Either the City or the Contractor may terminate this contract, at any time and for any reason or no reason, by giving the other party sixty (60) days written notice. Within sixty (60) days of contract termination, City will pay Contractor the cost of the work actually completed by Contractor as of the termination date in performance of this Agreement and any other costs actually incurred by Contractor in its anticipated performance of this contract. Contractor will provide documentation of the work it reasonably perfonned and costs it reasonably incurred prior to the termination date, which must be approved by the Public Works Director /City Engineer prior to City's payment. The Public Works Director /City Engineer's determination as to what constitutes reasonable work and costs shall be final. 2.18 ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign or subcontract work, or any part thereof, without the previous written consent of the City, nor shall he assign, by power of attorney or otherwise, any of the City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2 -7 money payable under this contract unless written consent of the City has been obtained. No right under the contract, not claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, his subcontract shall be immediately tenninated by the Contractor upon notice for the City. The Contractor shall be fully responsible and accountable to the City for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City. 2.49 INSURANCE Note: The City advises all prospective contractors to carefully read the contract insurance requirements listed below. It is also advised that prior to submitting a Bid Proposal, contractors should have their insuring agency review the City's insurance requirements to determine if their carrier(s) will comply with the additional insured endorsement and cancellation language that is required. All certificates of insurance and endorsements must be submitted to the City for approval after award of bid. Failure to comply with the insurance requirements stated herein, after award of bid will be just cause for annulment of award. Without limiting Consultant's indemnification provided herein, Consultant shall take out and maintain, throughout the period of this Agreement, the following policies of insurance placed with insurers with a current A.M. Bests rating of no less than A:VII or its equivalent against injury /death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors: A. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $2,000,000.00 per occurrence. If work involves explosive, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions: (1) The City, its officers, employees and agents, are covered as insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, agents and employees. 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, City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 2 -8 Proposal Terms and General Conditions 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 active negligence of City. (2) This indemnification obligation is not limited in anyway 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 tennination/completion of this Agreement. (3) The policy shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non - payment of premium) to City by certified mail. (4) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability. (5) For claims related to this project, the Contractor's insurance is primary coverage to the City, and any insurance or self - insurance programs maintained by the City is excess to Contractor's insurance and will not be called upon to contribute with it. (6) Any failure to comply with reporting or other provisions of the parties, including breach of warranties, shall not affect coverage provided to City, its officers, employees and agents. B. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $2,000,000 per accident combined single limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non- payment of premium) to City by certified mail. C. Worker's Compensation insurance meeting statutory limits of Labor Code which policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers, agents, and employees and provide for thirty (30) days prior written notice to City in the event of cancellation. If Consultant has no employees, Consultant may sign and file the following certification in lieu of insurance: 7 am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with the City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2 -9 provisions of that code before commencing with and during the performance of the work of this contract. " Contractor shall maintain, during the life of this agreement, workmen's compensation insurance for all employees employed by Contractor for the operations hereunder. 2.20 FAILURE TO PROCURE INSURANCE Failure on the part of the Contractor to procure or maintain required insurance, including workers compensation coverage, shall constitute a material breach of this contract upon which the City may immediately terminate or suspend this contract, or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand or the City may offset the cost of the premiums against any ironies due to the Contractor by the City. 2.21 INDEMNIFICATION To the full extent permitted by law, Contractor shall indemnify, hold harmless, release and defend City, its officers, elected officials, 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 Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the activities of other persons employed or utilized by Contractor 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 Contractor under Worker's Compensation, disability or other employee benefit acts or the teens, applicability or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this Agreement. 2.22 LEGAL REQUIREMENTS AND PERMITS The Contractor agrees to fully comply with all local, city, state and federal laws, regulations and ordinances governing performance of contractual services required hereunder, and it will be the responsibility of the Contractor to obtain any and all necessary permits, licenses and /or clearances prior to initiating a contract. Contractor shall pay all state and local sales and use taxes on items, and in a manner as required by the laws and statutes of the State of California and its political subdivisions. The Contractor shall withhold and pay any and all withholding taxes, whether State or Federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees, or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. (Note: A valid City of Rohnert Park Business License is required for the Contractor and all Sub - Contractors individually). City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 2 -10 Proposal Terms and General Conditions 2.23 FEDERAL & STATE TAX Prices quoted shall not include Federal Excise Tax. California Sales Tax of seven and one half percent (7.5 %) will be paid on material discretely priced in accordance with the contract payment schedule. Sales Tax will not be applied to services. 2.24 WAIVER Any waiver by the City of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement here contained, nor shall failure on the part of the City to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this contract or stopping the City from enforcing the full provision thereof 2.25 INTERPRETATION This contract shall be interpreted according to the rules which govern the interpretation of contracts, as prescribed in Part 2 of Division 3 of the State Civil Code, commencing with Section 1635. All headings herein contained are for convenience and reference only and are not intended to define or limit the scope of any provision thereof. 2.26 ATTORNEYS FEES In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. 2.27 LEGALITY If any provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 2.28 CALIFORNIA LAW This agreement shall be governed according to the laws of the State of California. 2.29 PREVAILING WAGE RATE Pursuant to the provision of Section 1770 et seq. of the Labor Code of the State of California, the City of Rohnert Park has obtained from the Director of the Department of Industrial Relations the determination of the general prevailing rate of per diem wages and the general prevailing rate City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2 -11 for holiday and overtime work in the City of Rohnert Park for each craft, classification or type of workman needed to execute the contract, copies of which are on file in the City Offices. 2.30 PAYROLL RECORDS Contractor shall maintain payroll records in compliance with Section 1776 of the California Labor Code. 2.31 IMMIGRATION REFORM CONTROL ACT OF 1986 Contractor shall be responsible for compliance with the Immigration Reform Control Act of 1986. 2.32 COMPLIANCE WITH LAWS & REGULATIONS All materials, parts and equipment furnished pursuant to these _ specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The Contractor shall, if requested by the City, supply certification and evidence of such compliance. 2.33 RETENTION OF RECORDS The Contractor shall be required to retain any records necessary to document the charges for goods to be provided or services to be performed and make such records available to the City for inspection at the City's request for a period of four (4) years. 2.34 INDEPENDENT CONTRACTOR The parties contend that Contractor in performing the services herein specified, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. It shall be free to contract for similar services to be performed for other employers while it is under contract with the City. Contractor is not to be considered an agent or employee of the City and is not entitled to participate in any pension, medical or dental plan, or any other benefit provided by the City to its employees. 2.35 NON - COLLUSION AFFIDAVIT The Contractor declares, by signing and submitting a bid proposal, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization. or corporation; that the bid proposal is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 2-12 Proposal Terms and General Conditions contract; that all statements contained in the bid are true; and, further, that the Contractor has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and. will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 2.36 ENTIRE AGREEMENT This agreement is the entire agreement between parties. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Proposal Terms and General Conditions 2 -13 PART 3 SPECIAL PROVISIONS 3.01 WORKMANSHIP, MATERIALS AND EQUIPMENT Unless otherwise provided in the contract specifications, the Contractor shall furnish all labor, materials, parts and equipment for satisfactory contract performance. Irrigation parts will be furnished by the City unless otherwise requested. When not specifically identified in the specifications, such materials, parts and equipment shall be of suitable type and grade for the purpose. Each item or article shall be subject to inspection and /or test and approval by the City's designated representative. All workmanship shall be subject to the inspection and approval of the City's designated representative. 3.02 LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest landscape maintenance standards, as set forth by the most recent edition of the California Landscape Standards published by the California Landscape Contractors Association. The City's designated representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed and shall decide all questions which may arise as to the interpretation of the Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor, and as to compensation. The City's decisions shall be final. 3.03 LICENSES The Contractor and its employees shall hold and provide copies of valid permits, licenses and certificates and other documents as are required by the State, County, City and other governmental or regulatory bodies to legally engage in the services to be provided under this contract. This includes, but is not limited to, the possession of the following: Pest Control Business License 2. Qualified Applicators License 3. State Contractors License (C27) All businesses doing work in the City of Rohnert Park shall possess a City Business License and pay all costs necessary to obtain these licenses and /or tax(es) and maintain them in full force and effect during the term of this Contract. Additional information and business licenses can be obtained by contacting City of Rohnert Park Finance Department. The Contractor shall notify the City within twelve (12) hours of any suspension, termination, lapses, non - renewals or restrictions of required licenses, certificates or other documents which may be cause for termination of this contract. It will be the responsibility of the Contractor to comply with all license /registration requirements, including, but not limited to, notification. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Special Provisions 3 -1 3.04 QUALIFICATIONS OF EMPLOYEES The Contractor shall maintain an adequate and proper staff to meet the requirements of this Agreement. The Contractor shall certify to the City that no person in the employ of the Contractor or who will be considered for employment has been convicted of a felony or any crime that related to the duties performed for the City. Any violation of these provisions without the written consent or waiver by the City shall constitute grounds for termination of this contract. The City may, at any time, give written notice to the effect that the conduct or action of a designated employee of the Contractor, in the reasonable belief of the City, is detrimental to the interests of the City, the public and /or the landscape maintenance program. If the Contractor is unable to resolve the problem to the satisfaction of the City, the Contractor shall remove said employee from any crew that is assigned to work in the City. Contractor shall provide uniforms for employees to present a professional appearance at all times while working in the city. 3.05 SUPERVISION The Contractor must provide a qualified, journeyman -level supervisor, foreperson or lead worker on the jobsite each time work is performed, who has the ability to make changes in crew scheduling and respond to complaints made by the City regarding work quality or scheduling issues. The assigned individual shall be available by phone and in person on site during all hours of the operational day. Contractor will provide a phone number where a designated person shall be made available to the City on a 24 -hour basis in the event of after -hours emergencies, as required by the City. The designated person shall act as liaison to the City; be responsible for timely submission of work schedules to the City; coordinate response to City requests for service; perform other duties as requested by the City which directly or indirectly relate to the landscape maintenance program. Supervisors must be approved by the City before the commencement of the contract, and any change in supervisors likewise must be approved by the City. Supervisors must speak, read, and write English, and apply written rules and follow written instructions. A detailed resume containing the information specified below must be submitted for approval prior to the assignment of any supervisors for this contract. Both new and replacement supervisors must meet these qualification standards. A. The full name of supervisor. B. The full name of the on -site foreperson, lead worker or supervisor who speaks and understands English. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 3 -2 Special Provisions C. A detailed description of the previous five (5) years employment history of the proposed supervisor. D. The name(s) and address(es) of the companies for whom the proposed supervisor worked for along with the name(s) and telephone number(s) of his /her immediate supervisor. E. Contractor will stipulate that the Supervisor shall be vested with the authority to speak for the Contractor, and all notices, directions, and instructions given to the Supervisor shall be binding as if given to the Contractor. 3.06 MONTHLY AND ANNUAL SCHEDULES The Contractor shall develop and follow a monthly schedule and an annual schedule for all maintenance activities. The monthly schedule shall indicate the days that each site shall receive regular maintenance. The annual schedule shall list the dates of all special activities such as fertilization, aeration, weed control, field preparation, and other periodic maintenance. The initial schedule shall be submitted on or by the effective date of the contract for review by the City's designated representative. The schedule must be approved by the City before payment of the first month's invoice will be made. Thereafter, the monthly schedule shall be submitted on the day agreed upon by the Contractor and the City. All maintenance schedules are subject to approval by the City, and shall be coordinated with the schedules of field user groups, as required. These maintenance schedules will: (1) detail the specific work to be done, (2) specify the location of the work, and (3) show the unit price, quantity and extended price of the work. It is the responsibility of the Contractor to submit a report of all scheduled and completed work to the City with the monthly billing invoice. In the event that the Contractor is not able to adhere to the established schedule during any particular week, the Contractor must notify City at least twelve (12) hours prior to the scheduled time for the work. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work even though the work is performed on a subsequent day. A copy of the specifications and work schedules shall be made available to maintenance workers and homeowners. A copy shall be kept on site or in the crew vehicle at all times. 3.07 SERVICE REQUESTS The Contractor will be notified about specific complaints, new installations, major irrigation upgrades, landscape restoration work, and extra work with written or verbal service requests from the City's designated representative. Service requests for work beyond the scope of this contract shall be compensated per the Unit Prices supplied as part of the Bidder's Proposal. If such requested work is not listed in the Unit City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Special Provisions 3 -3 Prices, a time -and- materials basis or an agreed lump sum price will be negotiated, depending on the nature of the work. Calculation of cost of material for time - and - materials work or lump sum price shall be the wholesale cost of the material including but not to exceed a 15% markup for overhead costs and profit. Prior to work being done, Contractor shall submit a written estimate for the service request, for approval by the City. After completing the requested task, the Contractor shall submit an invoice for the City's review, itemizing all costs for labor, materials, and equipment. The invoice shall include actual hours worked. The Contractor shall maintain records sufficient to distinguish the service request from the direct cost of other operations. 3.08 WORK SCHEDULE All work schedules of the Contractor shall conform to all applicable City ordinances and designed in a manner to provide the desired level of service. If unable to complete work as scheduled, Contractor will need to schedule weekend work to comply with contract and to avoid possible deductions for work not completed. Such weekend work shall be conducted in a manner that will not affect the facility user groups. No additional costs shall be incurred by the City for work schedule modifications. 3.09 HOLIDAY SCHEDULE Any work that is missed due to a holiday shall be made up on the next regular working day. 3.10 INCLEMENT WEATHER During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Activities affected by the weather shall be completed within three (3) working days after the inclement weather or as directed by the City's representative. If weather or wet ground conditions persist, the Contractor may submit a written request to the City for an alternative schedule. Any alternative schedule is subject to the approval of the City. 3.11 AVAILABILITY The Contractor is required to maintain an office within a 50 mile radius of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor's representative by radio or pager on a 24 -hour basis. Contractor agrees to return any phone call within twenty -four (24) hours of receipt for non - emergencies, and within two (2) hours for any emergency situations. Each occurrence of failure to return calls within the specific period will result in a Performance Deficiency Deduction of $200 (Two- Hundred Dollars) for every occurrence as detailed in Section 3.22, Performance City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 3 -4 Special Provisions Deficiency Deductions in the Special Provisions). Chronic failure to abide with this requirement will be grounds for termination of the contract. The Contractor agrees to respond immediately within two (2) hours to emergency situations emanating from City staff. Examples of emergencies include broken water lines, earthquakes, storms, floods, high winds, and similar incidents. The Contractor shall have the ability to be contacted by two -way radio service or paging service from Contractor's office whenever such situations occur. Should the Contractor fail to respond to an emergency situation within two (2) hours, the City will, at its sole discretion, correct or have corrected the emergency. Any costs incurred by the City will be deducted from the Contractor's monthly compensation. Examples of emergency situations include, but are not limited to, malfunctioning controllers, defective valves or otherwise unscheduled running of water. 3.12 EXAMINATION OF SITE AND WORK The City snakes no representation about the order or condition of the work area nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of, or at any time during, the term of the contract. Bidders must examine the location, physical conditions and surroundings of the work area and judge for themselves the extent to which these factors will influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications. Any additional work to be performed, which is not covered under other aspects of this contract, will be performed by written or verbal request from the City and under approval by the City's representative. 3.13 STORAGE SITES It shall be the Contractor's responsibility to locate and secure any storage sites required for materials and equipment. 3.14 EQUIPMENT All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean and orderly manner, shall be kept in good working order and shall comply with Cal /OSHA standards for safety. The City may reject any vehicle or piece of equipment and order it removed from the job site. In the event of equipment breakdowns, Contractor shall have back -up equipment available no later than twenty -four (24) hours after breakdown occurs. Contractor shall notify the City immediately if a breakdown occurs and will result in no further operation on that day. Back -up equipment is to be supplied at no extra cost to the City. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Special Provisions 3 -5 3.15 TRAFFIC CONTROL The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury in accordance with Cal /OSHA regulations and shall take precautions required by all other applicable governmental regulations. Contractor shall comply with all applicable safe operating procedures characteristic of the landscape maintenance industry, for example, chipper and chainsaw training and safe operation, traffic control and cone placement, power tool operation, procedures for excluding citizens and school children from dangerous work sites, and similar safety preventive measures and precautions. Work to be performed adjacent to a roadway is of particular concern. Contractor must provide for the safe passage of motor vehicles, pedestrians, and bicycles around or through the worksite. Traffic control and lane closures as required for maintenance under this contract shall be performed in accordance with the most recent Manual of Uniform Traffic Control Devices (MUTCD), U.S. Department of Transportation, and MUTCD California Supplement, and to the satisfaction of City representative and in accordance with any state or county permit, encroachment or maintenance agreements. City representatives shall maintain the right to require additional modifications to traffic control systems as deemed necessary. All workers within the lane closures shall maintain all safety standards and will wear high visibility protective clothing or safety equipment as required. 3.16 SAFETY At no time shall mowing, edging, power trimming, chain saw or chipping operations be continued when any individual, other than a member of the contractor's crew or a City representative is within 100' of the operation in any direction. Safety devices such as chutes, mower guards, chain breaks and others must be present and in working order or contractor's operations will be suspended until such repairs are made. It is advisable that contractor make personal protective equipment such as eye and ear protection available to on -site work crews. When contractor is dispensing fertilizers or pesticides it is imperative that all label requirements are explicitly followed to assure safe operation procedures. Notices of intent or other postings or signage may be required when spraying herbicides, insecticides or miticides. Regarding the use of any pesticide on City property, the contractor shall supply the City with copies of all pesticide labels as well as Material Safety Data Sheets (MSDS) for all products that the Contractor anticipates using prior to any applications being made. During fertilizer operations, contractor shall make every effort to confine granular material to the application site. However, any such material that ends up on sidewalks or roadways shall be blown or otherwise removed from such surfaces, as they become a safety hazard as well as a runoff contaminant. Failure to clean up fertilizer overspill from paved areas may be subject to a Performance Deficiency Deduction of $100 (One- Hundred Dollars) per site, per occurrence. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 3 -6 Special Provisions Certain safety procedures must be followed when mowing and edging turf, including a pre - inspection of the property to be mowed. The identification of hazards such as holes, or the removal of debris such as bottles, cans, and papers can be done at that time. Should the City identify that Contractor's mowers have hit and shredded such materials, rather than properly disposing of them, this will constitute a Performance Deficiency Deduction of $100 (One - Hundred Dollars) per site, per occurrence. Should the City determine that safety measures have not been adequately addressed, the Contractor will be asked to discontinue operation until such adequate measures are implemented. 3.17 UNDERGROUND EXCAVATIONS The Contractor shall be responsible for locating all underground utility lines to ensure the safety of his work crew and to protect in place existing utility equipment before commencing prior to any excavation. The Contractor shall contact the City and Underground Service Alert at 1 -800- 422 -4133 before commencing any excavation to locate underground service lines. 3.18 RUNOFF MITIGATION CONTROLS Runoff containing sediment, vegetation, construction waste, and other pollutants from landscape maintenance sites shall be retained and controlled on site to the maximum extent practicable. Any sediment or other materials which are released from the site during, or as a result of landscape maintenance operations, shall be removed and properly disposed of the same day or as soon as practicable. Excavated soil shall be located on the site in a manner that minimizes the amount of sediment running into the street or adjoining properties. Where determined necessary by the City, a temporary sediment barrier shall be installed to mitigate runoff. Wash downs of trucks or other equipment in which runoff goes directly to the storm drains is prohibited. Any occurrence of contaminated runoff reaching the storm drains from any landscape maintenance activities or operations may be subject to Performance Deficiency Deduction of $100 (One- Hundred Dollars) per site, per occurrence. Cost of clean -up may also be imposed. 3.19 RECYCLED WATER BEST MANAGEMENT PRACTICES The City utilizes recycled water for most of the irrigation on City -owned properties and is responsible for assuring compliance with the California laws related to recycled water. The following are best management practices that shall be carried out by the City and Contractor as part of this maintenance contract with regard to the use of recycled water. Regulatory Updates and Training The City will be responsible to provide regular updates to the contractor's landscape supervisor on changes in regulations affecting the use of recycled water. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Special Provisions 3 -7 The Contractor will assure that all personnel involved with recycled water are trained prior to beginning work with recycled water, so they are familiar with the rules and regulations governing its use and will handle recycled water safely and responsibly. Training will include but not be limited to: cross connection — what it looks like and why it can not happen; non- potable quality of recycled water; minimization of ponding, runoff, overspray and windblown spray; minimization of incidental runoff occurrences; recognition of unauthorized discharges and reporting requirement; and proper hygiene during and after work on the recycled water system. Regulatory updates and refresher training will be the responsibility of the contractor. Control or disconnection of service The City will take control of or disconnect the recycled water system if at any time operation of the system presents a threat to public health and safety. Cross - connection monitoring If a cross - connection is discovered or suspected, the recycled water system, and if present the potable water system, will be immediately turned off at the point of connection and the City will immediately be contacted. Reporting violations The Contractor will immediately inform the City of any failures, violations or emergencies that occur involving the recycle or potable water systems in the use area. The City will notify the appropriate regulatory agencies in a timely manner if operation of the recycled water system results in violation of State law. The City will notify Department of Health Services and the Regional Water Quality Control Board within 24 hours of any discovery of a backflow incident from a dual - plumbed recycled water system into the potable water system. Modifications to the irrigation system or landscaped area For any proposed new or retrofit recycled water irrigation sites, the Contractor will submit modifications that result in a substantial change to the irrigation system or planting areas to the City for approval prior to changes being made. If the Contractor makes a system change without prior approval (e.g., to prevent damage, contamination or a public health hazard) the Contractor will notify the City as soon as possible after the modification has been made. Irrigation hardware markings All sprinkler heads, valves, controllers, and other irrigation system components will be marked to differentiate recycled water system components from potable water system components. Recycled water valve boxes and quick coupler boxes will have purple lids and will be replaced with like. Note: Hose bibs are not allowed on recycled water systems, and quick couplers are used instead. System inspection/ preventative maintenance All recycled water irrigation use areas will be inspected by the Contractor on a regular basis. Inspection will include: sprinkler heads and drip systems in operation to observe spray patterns, operating pressure, obstructions to spray, and overall integrity of the water delivery equipment; City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 3-8 Special Provisions site survey for piping, valves, pumps, storage facilities, controllers, signage and above -grade fixture markings. Irrigation equipment will be adjusted to minimize ponding, run off, overspray of the irrigated area, and windblown spray; and to assure protection of drinking fountains and outdoor eating areas from direct contact with recycled water. Recycled water identification signs and markings will be replaced or repaired as needed. Repair Broken sprinkler heads, faulty spray patterns, leaking pipes, valves or other system components will be repaired when the malfunction becomes apparent. Unreadable or missing signs, tags, stickers or pipe markings will be repaired or replaced in a timely manner. All replacement materials will be approved for recycled water use. Record keeping The Contractor will establish and maintain an accurate record keeping system of all inspections, modifications, repair work, employee trainings, permit documents, and communications with the City and regulatory agencies; and will keep as -built drawings up to date. Tool and equipment disinfection Any device, hose, pipe, meter, quick coupler, etc., which has been used in contact with recycled water will be cleaned and disinfected before it will be used to convey potable water or be attached to the potable water system. 3.20 COOPERATION AND COLLATERAL WORK Where two or more contractors are employed in related or adjacent work, each shall conduct his operations in such manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to person or property, or for loss caused by failure to finish the work within the specified time for completion. The Contractor shall ascertain the nature and extent of any simultaneous collateral work by contractors or workmen employed by other agencies on or adjacent to the site of the work and shall coordinate his operations and cooperate to minimize interference. 3.21 LIABILITY FOR DAMAGES, WORK DEFICIENCIES AND CORRECTIONS The Contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. This shall include, but not be limited to, the replacement, at Contractor's expense, of shrubs, trees, vines, turf, groundcover or other landscape items that are lost due to negligence in pest and disease control practices, improper irrigation or fertilizing, or lack of proper maintenance and care. Should damage occur to the light standards, fencing, or other City -owned features, contractor is to notify the City immediately. Contractor shall repair or arrange to have repairs made within twenty -four (24) hours. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Special Provisions 3 -9 PART 4 LANDSCAPE MAINTENANCE SPECIFICATIONS It is the intent of these specifications to maintain all included landscape areas in a safe condition and to provide a pleasant and well -kept appearance at all times. All usual and customary landscaping activities that are required to accomplish this intent are included as required work within the framework of this contract unless specifically excluded in the following specifications. Following is a list of performance specifications for landscape maintenance of the City facilities listed. 4.01 TURF MOWING AND EDGING The hours available for mowing and edging are 7:30 AM to 5:00 PM, with the exception of the operation of leaf blowers, lawn brooms, vacuum apparatuses and similar devices, which is limited to the hours of 8:00 AM to 5:00 PM, per the Rohnert Park Municipal Code, Chapter 9.44, Noise. The mowing height for turf shall be 3 ", unless otherwise specified by the City representative. The mowing of unusually tall turf following rainy periods will necessitate double- mowing to remove noticeable windrows and clumps of clippings. It is anticipated that a seasonable average of eight (8) such double - mowings are necessary at each park location. The cost of these double - mowings shall be included in the bid price for mowing, and no additional compensation will be offered for these. A double - snowing is one that requires the mowing of the entire acreage of a facility, twice. Turf shall be mowed at a minimum of once per week at the height of the growing season, generally considered as April through October. Litter shall be removed from turf areas prior to mowing. Turf areas shall be mowed at a minimum of twice around the outside perimeter of the facility before proceeding with cutting the remainder; this is to avoid spreading cuttings onto the sidewalks, roadways and concrete. Turf trimming around objects is part of each mowing operation, and turf trimming around trees is to be done by hand to reduce the possibility of damage to tree trunks. Fresh, detectable damage done to tree trunks during mowing, edging or string trimming could result in the contractor being levied with a "cost of cure" charge for tree repair or replacement. Additionally, the City may elect to apply a Performance Deficiency Deduction (see Section 3.22 of the Special Provisions) for each occurrence of damage to tree trunks. Turf edging shall be performed along the curb or sidewalk line to present a neat, clean appearance. Turf edging shall also be accomplished at the edge of basketball courts to expose the City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Landscape Maintenance Specifications 4 -1 entire court surface. Turf that is adjacent to flower beds, shrub beds, pathways to other such borders is to be mechanically edged every other mowing. All grass clippings and debris shall be picked up after each mowing or edging operation. Noticeable clippings that end up on non -turf areas like sidewalks are to be blown back on to turf areas or picked up for disposal. At no time will it be allowed to blow grass cuttings /debris into public streets, gutters, or adjoining properties, without being swept or vacuum - cleaned at the time of occurrence. Use of mulching mowers must be approved by the City. If the use of mulching mower is approved, all visible clippings must be removed in accordance with this specification. 4.02 TURF AERATION AND FERTILIZATION Turf aeration and fertilization as a combined operation is to be performed a minimum of four times a year, once each season, for athletic fields only. For non - athletic field turf, fertilization shall be perfonned twice a year, with no aeration. Aeration for non - athletic field turf shall be performed by service request only. The aeration device to be used shall be of the deep -core variety. A park facility field area is to be covered twice during an aeration, once in a north -south configuration, and once in an east -west configuration. The fertilizer material to be used shall be mixed with a coarse sand at a 50:50 ratio, and shall consist of a granulated, slow - release, organic formulation including a chelated iron and sulfur component in addition to a conventional, turf N:P:K ratio. Following the application of the fertilizer /sand mixture, the field is to be dragged to reincorporate the mixture and partially break up the cores. Cores which end up on non -turf areas are to be collected and disposed of appropriately. Should an additional aeration be deemed necessary by the City during the peak growing season, this may be added to a monthly work order at the agreed -upon unit price value. Prior to aeration work on an irrigated field, the location of all sprinkler heads must be identified by the use of a wire flag, and every effort shall be made to avoid hitting sprinkler heads and valve boxes. The repair of such damage shall be the Contractor's responsibility. 4.03 TURF BROADLEAF AND PEST CONTROL All turf grass areas shall be evaluated and treated for broadleaf weed control two (2) times a year and with a method and /or product as recommended by a State of California Department of Pesticide Regulation and Agricultural Pest Control Advisor to ensure maximum control. Contractor should plan on a minimum of one (1) early spring season treatment with a pre - emergent, broadleaf herbicide in most turf areas, periodic spot- treatments at intervals during the growing season. White grubs at various locations may require summer treatments with an insecticide on a spot- treatment basis. Such treatments will be scheduled through monthly work orders at the unit price values previously agreed upon. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 4-2 Landscape Maintenance Specifications Appropriate notification, posting and any other personal safety considerations are to be provided for by the contractor prior to doing any pest control work. The appropriate time of day for treatment should be chosen to avoid contact with citizens, particularly children, and particularly should they be adjacent to treatment areas on school grounds or play areas. 4.04 SHRUB AND HEDGE PRUNING The overall goal of shrub pruning is to maintain mature shrubs at both a manageable and natural size and shape, which should vary with the growth habit of each shrub species. The pruning of all City shrubs to the same size and shape will not be acceptable. In older, established shrub beds, pruning operations will necessitate the use of ladders, pole - pruners and chainsaws for thinning purposes. Juniper shrubs on center islands and along roadways are to be pruned back inside the curb line, and their height is to be maintained so as not to obstruct vehicular line of sight, particularly at intersections with side streets. This will necessitate periodic thinnings and height reductions. A minimum of two (2) seasonal prunings will normally be scheduled during the year. Shrub and hedge trimmings are to be properly collected and disposed of Leaving them in place is not acceptable. Chipping them and blowing the chips appropriately on site is encouraged. This may necessitate minimal spreading, but greatly reduces the handling of such debris. As a failsafe, debris which for some reason cannot be chipped can be transported to the City's Corporation Yard where it must be placed in the dumpster designated for organic debris, with prior approval from the City. Where shrubs are situated along solid sound walls, an access path between the wall and shrubs is to be maintained. Total shrub height is to be maintained below the height of adjacent fences and sound walls. Trimmings which end up on non -shrub bed areas are to be collected or blown from such surfaces and properly disposed of At intersections and median islands, whenever possible, shrubs, hedges or other vegetation shall be trimmed to maintain a clear vision triangle in order to allow unobstructed visibility of approaching vehicular, bicycle and pedestrian traffic at such intersections and median islands. Shrubs, hedges, and other vegetation shall not exceed a height of three feet within a clear vision triangle. Clear vision triangles shall be delineated as follows: • Uncontrolled intersections: A triangular area bounded by the curb lines (tangents) and a diagonal line joining points on the tangents which are located thirty -five foot back from what would be the point of these curb lines' intersection. • Controlled intersections: A triangle having twenty -five foot tangents at the curblines. • Driveways: A triangle having twenty -five foot tangents at the outside line of the driveway and the curbline. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Landscape Maintenance Specifications 4 -3 One (1) early spring fertilization shall be applied to shrub beds in the manner prescribed in Section 4.05 Xeriscape and Groundcover Pruning and Fertilization. 4.05 XERISCAPE AND GROUNDCOVER PRUNING AND FERTILIZATION Ground cover beds and xeriscaping will be cared for in much the same manner as large shrub landscapes. Such beds will required periodic thinning and shaping to maintain their low- growing form, particularly where ivy, vinca or prostrate cotoneaster have been used. A minimum of one (1) late winter fertilization will be scheduled to promote health and vigor. A slow - release, granular, balanced fertilizer which also contains a chelated iron and sulfur component is to be used. 4.06 FLOWER BED MAINTENANCE AND RENOVATION The purpose of this landscape care is to maintain fresh, healthy - looking color accent bedding plants, particularly at entry points to City parks and building facilities like City Hall. The longevity of such bedding plants can be short where herbaceous color plants are used, so periodic replacement will be required. Such care will be periodic and called for on an as- needed basis. An early spring fertilization, as enumerated under Section 4.05, Groundcover Pruning and Fertilization, will be called for at the agreed -upon unit price value. Annuals in color beds will be planted 8- inches on center utilizing 4 -inch plants. 4.07 DEBRIS CLEAN -UP Contractor shall remove all debris resulting from the maintenance operations and dispose of it offsite and legally, at the time of occurrence. The Contractor shall provide a general clean -up operation throughout the contracted area on a monthly basis for the purpose of picking up papers, trash, broken tree branches, or other debris which may accumulate in the landscape areas, caused by winds, vandalism or normal conditions. 4.08 GENERAL PESTICIDE APPLICATION FOR WEED AND INSECT PEST SUPPRESSION The Contractor shall be responsible for the control and elimination of weeds, insects, rodents, and diseases negatively affecting plant material or causing an unsafe physical environment. The Contractor shall possess all permits and licenses required by the State of California, Department of Pesticide Regulation, prior to the application of any pesticide. Copies of all state licenses and permits to apply pesticides shall be provided to the City prior to beginning any pest control operations. These shall include, but not be limited to, state licensed certified applicator, licensed state Agricultural Pest Control Advisor written recommendation(s), County monthly use reports, and state Agricultural Pest Control Business License /Maintenance Gardener. Any pesticide used shall be listed on the State of California, City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 4 -4 Landscape Maintenance Specifications Department of Pesticide Regulation approved list. The Contractor shall notify the City's designated representative three (3) days prior to application of pesticides. All applications of pesticides shall be made under the direct control of a licensed pesticide operator /applicator. Upon completion of the application, the Contractor shall submit to the City a copy of all monthly pesticide use reports. All applicators are to be properly equipped and trained to assure maximum personal as well as citizen safety, and all guidelines set down on each pesticide label are to be followed explicitly to assure this safety. Noxious weed abatement will be the primary focus provided under this specification. This entails maintaining all contract locations in as near a weed -free condition as is practical. Experience has shown that this is never accomplished by a single treatment; rather, the volley of early -spring grasses followed by annual and perennial weeds requires periodic pesticidal treatments and eventual mechanical weed abatement for those tall weeds that were missed. 4.09 IRRIGATION SYSTEM MAINTENANCE, REPAIR AND PARTS The Contractor shall be responsible for timing, adjustment, maintenance, and repair of all irrigation systems, which shall consist of the irrigation water distribution system within the landscape contract areas — not including the backflow prevention assembly — and including irrigation main line and laterals, control valves, filters, piping, sprinkler heads, quick couplers, drip irrigation and other components that combine to make up the complete system. The City will maintain the water supply lines up to, and including, the irrigation backflow prevention assembly. The regulation of flow and pressure of irrigation water to the landscape contract area is the responsibility of the City. Routine repairs Routine system repairs are the responsibility of the Contractor. Routine repairs shall be defined as repair or replacement, such as broken risers, swing joints, and nozzles, which can be repaired easily without the need of a specialist. Parts and materials will be supplied by the City unless otherwise requested. Valve replacements as a result of normal wear- and -tear are considered routine and are compensated at the Unit Price given for routine repairs. Irrigation main line repairs that are considered non - emergency by the City and are part of the upkeep of the system are compensated at the Unit Price given for routine repairs. Lateral line repairs are also considered routine. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing and other operational conditions. Such inspection shall be made at least once per month, excluding the months of November through February. The Contractor is required to adjust the height of sprinkler heads in turf and groundcover areas to ensure proper coverage. Excavating around sprinkler heads in order to assure proper coverage City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Landscape Maintenance Specifications 4 -5 from sprinklers is the recommended method; string trimming is prohibited. Sprinkler heads damaged by the Contractor will be replaced at the Contractor's expense. The Contractor shall be responsible for cleaning and adjusting sprinkler heads to the manufacturer's recommended operating pressures. Contractor will also adjust or clean as necessary quick couplers and valves to continue operation at maximum efficiency and performance. The valves should be adjusted as to prevent sprinkler heads from fogging, allowing larger droplets for effective watering. Upgrades Periodic upgrades, for example, multiple sprinkler head replacement for large landscape areas (e.g. greater than 2 contiguous acres), will be scheduled as a service request by the City (See Sec. 3.07 Service Request), and will be compensated per the Unit Price as reflected in the Bidder's Proposal. The City reserves the right to purchase materials directly and make available to the Contractor. New installations New installations or major retrofits (e.g. redesign and reinstallation of irrigation system in a park) will also be scheduled as a service request by the City (Sec. 3.07 Service Request), and will be compensated per the Unit Price as reflected in the Bidder's Proposal. The City reserves the right to purchase materials directly and make available to the Contractor. Non - Routine Repairs Repairs to the system caused by conditions under which the Contractor does not have direct control shall be performed by the Contractor if directed by the City as a service request and will be compensated on a time - and - materials basis. Repairs under this category will include: a. Theft (missing heads) b. Storm Damage (Acts of God) c. Damage by Others Repairs to main line breaks that are considered emergencies by the City will be compensated on a time - and - materials basis. The City will be responsible for repair and replacement of controllers. All categories of work on irrigation systems performed by the Contractor will be guaranteed for a period of one year. Contractor shall implement repairs in accordance with all effective warranties on materials and equipment, and no separate payment shall be made for repairs on equipment covered by warranty. Emergency response Contractor must be available on an emergency basis to respond in the event of a major irrigation line break, particularly during off - hours, weekends and holidays. Contact numbers must be made available to the City so that repair arrangements can be made. In situations involving emergency work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours of notification by the City. Sufficient labor City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North 4 -6 Landscape Maintenance Specifications must be allocated with assurance to the City so that serious irrigation system repairs will be made in a timely manner. Contractor's vehicle shall also carry sufficient equipment to safely control traffic. Repairs on major irrigation problems, such as main line breaks, must be completed within twenty -four (24) hours of notification. Minor repairs shall be completed within four (4) hours of notification. 4.10 IRRIGATION SCHEDULE Watering shall be accomplished at times to ensure the health of all plants, and to minimize inconvenience to people using the area. The Contractor shall establish and program the watering schedule for all sites and operate manual irrigation systems as needed. Changes in time, in conjunction with daylight savings time, will require that the Contractor make any necessary time changes to controllers to guarantee complete operation. The irrigation system schedules shall be monitored and adjusted to maintain an efficient use of the water being applied with consideration given to type of plant material, soil conditions, and weather. Contractor shall be responsible for meeting the water budget established for each park where meters are installed. Contractor shall make every reasonable effort to conserve water while still maintaining healthy plant material. Particular attention shall be given to avoid exceeding the soil absorption rate. Where more water is required than can be applied at one time, Contractor shall set the automatic timer for repeat cycles at short intervals to satisfy the water demand. In no case shall the holding capacity of the soil be exceeded to allow run -off of water to go to waste. All irrigation controllers shall be turned off during periods of rain by the Contractor, and turned on and reprogrammed at the completion of each rainy period. However, at no time is the Contractor permitted to turn off a time clock or in any other way render the irrigation inoperable to any landscaping unless prior approval has been given to do so by the City's designated representative. Automatic irrigation shall normally take place at night or early morning hours. The Contractor will be responsible for damages occurring due to under - watering or over - watering. Irrigation schedules shall be provided to the City's representative and approved by the City.. The Contractor shall check the effect of the watering program. At least monthly, this review shall consist of probing in at least one (1) area covered by each sectional valve and ascertaining the anticipated water requirements and adjusting the system or watering schedule accordingly. The Contractor's irrigation technician shall sign and date a controller log indicating that a system test was performed. This log shall note any problems and their correction date. The log shall be kept in the controller box, and a copy furnished to the City's designated representative monthly. 4.11 HARDSCAPE MAINTENANCE Contractor shall be responsible for controlling weeds in hardscape areas including, but not limited to: parking lots, driveways, paths, stairs, ramps, curb and gutter areas, sidewalks and asphalt areas up to the fog line, or contiguous to the City landscape, by mechanical or chemical means. All expansive joints and cracks are to be maintained free of weeds. Dirt, litter, and other debris must be City of Rohnert Park — Landscape Maintenance Services — Rohnert Park North Landscape Maintenance Specifications 4 -7 City of Rohnert Park REQUEST FOR PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK - SOUTH Prepared By: Public Works Department City of Rohnert Park 600 Enterprise Drive Rohnert Park, CA 94928 (707)588 -3300 CITY COUNCIL Mayor — Jake Mackenzie Vice -Mayor — Pam Stafford Arnie Breeze Tim Smith Vicki Vidak- Martinez City Manager — Stephen R. Donley Public Works Director / City Engineer — Darrin Jenkins TABLE OF CONTENTS Para. No. PART 1 — BID DOCUMENTS Invitation for Sealed Proposals ............ ............................... Instructions to Bidders ......................... ............................... Declaration of Understanding and Certification of Bidder Bidder's Proposal ................................. ............................... Bidder's Questionnaire ........................ ............................... Contractor's License Declaration ......... ............................... References............................................ ............................... Designator of Sureties ......................... ............................... BidBond Form .................................... ............................... SampleContract .................................. ............................... Sample Certificate of Insurance and Endorsements .......... Page . ............................... 1 -1 . ............................... 1 -3 . ............................... 1 -4 .................. I............. 1 -6 .............................. 1 -13 .............................. 1 -15 .............................. 1 -16 .............................. 1 -17 .............................. 1 -18 .............................. 1 -20 .............................. 1 -24 PART 2 — PROPOSAL TERMS AND GENERAL CONDITIONS 2.01 Proposal Contents ................................................................ ............................... 2 -1 2.02 Bid Proposals ....................................................................... ............................... 2 -1 2.03 Submissions of Bid Proposals ............................................. ............................... 2 -1 2.04 Bid Proposal Security .......................................................... ............................... 2 -2 2.05 Bid Proposal Postponement and Amendment ..................... ............................... 2 -2 2.06 Single Bid Proposal Response ........ ............................... 2.07 Bid Proposal Withdrawal .................................................... ............................... 2 -3 2.08 Bidder Investigation ............................................................ ............................... 2 -3 2.09 Competency of Contractors ................................................. ............................... 2 -3 2.10 Award .................................................................................... ............................2 -4 2.11 Compensation ...................................................................... ............................... 2 -5 2.12 Cost of Living Adjustment .................................................. ............................... 2 -5 2.13 Term of Contract ................................................................. ............................... 2 -6 2.14 Notice .................................................................................... ............................2 -6 2.15 Modifications .............................. ............................... 2.16 Termination or Suspension of Agreement for Cause .......... ............................... 2 -6 2.17 Termination of Agreement Without Cause ......................... ............................... 2 -7 2.18 Assignment and Subcontracting .......................................... ............................... 2 -7 2.19 Insurance .............................................................................. ............................... 2 -8 2.20 Failure to Procure Insurance .............................................. ............................... 2 -10 2.21 Indemnification ........................... ............................... 2.22 Legal Requirements and Permits ....................................... ............................... 2 -10 2.23 Federal & State Tax ........................................................... ............................... 2 -10 2.24 Waiver ............................................................................... ............................... 2 -11 2.25 Interpretation .................... ............................... PART 1 INVITATION FOR SEALED BIDS CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES: ROHNERT PARK SOUTH Notice is hereby given that on Thursday, April 3, 2008, at 6750 Commerce Boulevard, Rohnert Park, California, the City of Rohnert Park will receive and open sealed bids for Landscape Maintenance Services — Rohnert Park South. Bids must be received by the Public Works Director before 2:00:00 PM on April 3, 2008, based on the Official Bid Clock displayed in the area where bids are submitted. The work consists of furnishing all materials, equipment, tools, labor and incidentals as required by the specifications and contract documents for the above - mentioned project. The general items of landscape maintenance to be done include, but are not limited to: inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, de- thatching, plant replacements, renovation, and clean -up; and irrigation maintenance, including inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The contractor must have a valid California Class C27 contractor's license, a Pest Control Business License, and a Qualified Applicators License. A statement of the prevailing wage rate is on file in the office of the Rohnert Park City Clerk, 6750 Commerce Boulevard, Rohnert Park, California. This notice incorporates by reference the terms, conditions and requirements of the specifications approved by the City, any and all changes or amendments to the specifications and special instructions or special notice issued to or given to prospective bidders. The City of Rohnert Park makes no representation or warranty of the condition of the jobsite. All prospective bidders are requested to carefully review the plans and specifications and to examine and conduct tests or otherwise satisfy themselves as to the conditions at the project site, subject to coordination with the Department of Public Works, City of Rohnert Park. A mandatory pre - proposal meeting will be held on Thursday, March 13, 2008, at 10:00 AM, at the Rohnert Park City Hall Council Chambers, 6750 Commerce Boulevard, Rohnert Park, CA 94928. It is the responsibility of each bidder to become familiar with all the specifications and every location where services will be provided and as indicated in the attached site maps. Bid proposal forms and specifications may be obtained from the City of Rohnert Park, Attn: Eydie Tacata, 6750 Commerce Blvd., Rohnert Park, California 94928, telephone: (707) 588 -2205. Bid proposal forms and specifications may be purchased for a nonrefundable fee of $30.00 if picked up, or payment of a $45.00 nonrefundable fee, if mailed. All bid proposals must be on forms furnished by the City, submitted in sealed envelopes and clearly marked: 'BID PROPOSAL: LANDSCAPE MAINTENANCE SERVICES — ROHNERT PARK SOUTH." City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Invitation for Sealed Bids 1 - 1 Each proposal must be accompanied by a certified check, cashier's check drawn on a bank in good standing, or a Bid Bond issued by a Surety executed by an admitted surety insurer authorized to transact business in this State, made payable to the City, in an amount not less than ten percent (10 %) of the bidder's total amount for one (1) year of the contract period. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council at a future City Council meeting. A Landscape Maintenance Services Contract will be awarded to the lowest responsive and qualified bidders whose bid, in the City's sole and absolute judgment, will best serve the interest of the City of Rohnert Park. Dated: February 27, 2008 City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Invitation for Sealed Bids /s/ JUDY HAUFF City Clerk of the City of Rohnert Park 1 -2 INSTRUCTIONS TO BIDDERS The bidder shall file his bid with the Public Works Director of the City of Rohnert Park, California, using the copy of the Bid Proposal Forms furnished with the specifications. These documents shall be placed in a sealed envelope marked, CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES: ROHNERT PARK SOUTH and addressed to the Public Works Director of the City of Rohnert Park, California. Said sealed bids must be delivered to the office of the City Engineer of said City located at City Hall, 6750 Commerce Boulevard, Rohnert Park, California, before 2:00:00 PM on Thursday, April 3, 2008, based on the Official Bid Clock displayed in the area where bids are submitted. The bidder shall not file the book of Special Provisions, Specifications or Exhibits or Attachments with his bid. The bidder's attention is directed to the Proposal Terms and General Conditions section in Part 2 of this document for proposal requirements and conditions, and information regarding award and execution of the contract. Contractor submitting a bid to the City of Rohnert Park, a public entity, must state, under penalty of perjury, the contractor's license number and the license's expiration date. This information must be entered in the Contractors License Declaration of the Bid Proposal Forms. Any explanation desired by the bidders regarding the meaning or interpretation of the maps and specifications must be requested in writing and in sufficient time to allow for a reply to reach them before the submission of their bids. Oral explanation or instructions given before award of the contract will not be binding. Any interpretations made will be in the form of an addendum to the specifications and will be furnished to all bidders and its receipt by the bidder shall be acknowledged. The quantity of work in the Bidder's Proposal as enumerated in the Bid Schedule and Unit Prices is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved to increase or decrease, or to entirely eliminate items from the work if found desirable or expedient. The contractor will be allowed no claims for anticipated profits, loss of profits, or for any damages of any sort because of any difference between the estimated and the actual quantities of work done. The wording of the proposal shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures or interlineations in the proposal must be explained or noted over the signature of the bidder. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Instructions to Bidders 1 -3 DECLARATION OF UNDERSTANDING AND CERTIFICATION OF BIDDER CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK SOUTH To: City Council, City of Rohnert Park The undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co- partnership, give the name under which the co- partnership does business, and the names and addresses of all co- partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any other person, firm, or corporation. (c) That the bidder has carefully examined the locations of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That the bidder has carefully examined the drawings and specifications and makes this proposal in accordance therewith. (e) That the bidder has read the insurance requirements in Part 2, Proposal Terms and Conditions Section 2.19, Insurance of this bid document. (f) That the bidder has conferred with his insurance carriers or brokers to determine in advance of the bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. (g) That failure to comply strictly with the insurance requirements may result in forfeiture of the bid security and withdrawal of the bid proposal. (h) That if the bid is accepted, the bidder will enter into a written contract for the performance of the proposed work with the City of Rohnert Park, California, and furnish the required proof of insurance including certificates and endorsements within ten (10) calendar days after the date of mailing written notice to the successful bidder that the contract has been awarded. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Declaration of Understanding and Certification of Bidder 1 - 4 (i.) That the bidder proposes to enter such contract and to accept in full payment for the work actually done thereunder the prices shown on the attached schedule. Accompanying this proposal is a certified or cashier's check, or bidder's bond payable to the order of the City Clerk of the City of Rohnert Park, in the sum of Dollars ($ ). Said bidder's bond submitted is the City's bid bond form or a bid bond approved in advance by the City Attorney. Said bid security has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in the State of California. It is understood and agreed that should the successful bidder fail, to enter into the contract and furnish acceptable surety bonds and insurance forms included herein, within ten (10) days after the City's mailing of written notice to the successful bidder that the contract has been awarded then the proceeds of said check, or bidder's bond, shall become the property of the City. If the contract is entered into and said bonds are furnished or if the bid is not accepted, then said check shall be returned to the undersigned or the bidder will be released from the bidder's bond. Address of Bidder City Telephone Number of Bidder Signature of Bidder City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Declaration of Understanding and Certification of Bidder 1 - 5 BIDDER'S PROPOSAL CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK SOUTH BID SCHEDULE Bidders shall provide proof of their qualifications, and their ability to provide the equipment and personnel to accomplish this work. The square footages listed in the Bid Schedule and the estimate of quantities set forth in the Unit Prices are approximates only. They are given as a basis for the comparison of bids and are provided to assist the contractor in preparing a bid. Actual footage and quantities may vary. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City. Bid items are not intended to be exclusive descriptions of work categories and the contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each bid item as shown and specified over the term of this contract. 1 Alicia Park 7 Turf 127,394 127,394 2. Benicia Park 9 Shrub 3,513 203,064 3. Lacrosse Park 12 Turf 199,551 15,775 3. Caterpillar Park 8,10 Turf 116,292 116,292 4. Colegio Vista Park 8 Turf 238,436 238,436 5. Ladybug Park 12 Turf 186,636 186,636 6. Magnolia Park 10 Shrub 10,437 600,426 Turf 589,989 7. Rainbow Park 10 Shrub 3,409 95,660 Turf 92,251 B., MINI -PARKS 1. Carlita Circle Mini -Park 7 Turf 4,330 4,330 2. Cielo Circle Mini -Park 10 Turf 7,713 7,713 3. Lacrosse Park 12 Turf 15,775 15,775 4. Lilac Tots Park 12 Turf 1,560 1,560 City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1 - 6 BIDDER'S PROPOSAL (continued) Landscape type & area detail Landscaping area SITE Exhibit A Map (s.f.) total (s.f.) Site yearly cost C. CITY BUILDINGS & FACILITIES 1 Burton Ave Rec Center (7421 9 Turf 51,218 51,218 Burton Avenue) 10, 12 Turf 9,434 9,434 2 City Hall 7 Hedge 1,629 13,378 (6720 Commerce Blvd.) 10 Turf 11,749 117,018 G, ISLANDS I MLDIANS 1 PARKWAYS 1. Bodway Pkwy 10, 13 Turf 48,528 48,528 2. Camino Colegio 10, 12 Turf 9,434 9,434 3. Commerce Blvd 10, Turf 39,828 39,828 4. East Cotati Ave 10 Hedge 8,496 Non -turf 32,826 Shrub 37,353 Turf 38,342 117,018 5. Seed Farm Drive 7 Turf 19,739 19,739 6. Snyder Lane 8,10 Turf 28,331 28,331 7. Southwest Blvd 7, 8, 9, 10 Turf 6,917 6,917 A. SUM OF SITE YEARLY COSTS City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1 - 7 BIDDER'S PROPOSAL (Continued) UNIT PRICES The contractor will be paid for services during the term of this contract in accordance with this Unit Price Schedule. Unit Prices shall include all of contractor's costs, labor, material (where not supplied by the City), supervision, overhead and profit. Unit Prices as bid are also for the pricing of changes in the quantity from that indicated by the Contract, where such changes have been authorized in writing by City. The bidder agrees to accept any and all areas that are added to the landscape area at the Unit Prices listed during the course of this contract. The City reserves the right, prior to an award of Contract, to evaluate the Unit Prices submitted and adjust and /or reject any Unit Price that is determined by the City to be unreasonable in amount. The quantities presented here are as a means of comparing bids from interested bidders. In case of discrepancy between the Unit Price and the Total Cost set forth for the item, the Unit Price shall prevail. If the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the Total Cost column, then the amount set forth in the Total Cost column for the item shall prevail in accordance with the following: The amount set forth in the Total Cost column shall be divided by the Quantity for the item and the price thus obtained shall be the Unit Price. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1 -8 Item Quantity Unit Unit Price Total Cost A. TURF MAINTENANCE (1) Turf mowing — ride -mower 1 acre (Sec. 4.01) (2) Turf mowing — walk - behind 1 acre (Sec. 4.01) (3) Turf trimming & edging (Sec. 4.02) 1000 LF (4) Additional aeration (Sec. 4.02) 1 acre (5) Additional aeration (Sec. 4.03) 1 acre (6) Turf pest control (Sec. 4.03) 1 hour (�) Turf pest control spot treatment 1 hour (See. 4.03) City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1 -8 BIDDER'S PROPOSAL (Continued) B. SHRUB, HEDGE & GROUNDCOVER MAINTENANCE (1) Shrub and hedge pruning (Sec. 4.04) 10,000 SF (2) Ground cover pruning (Sec. 4.05) 10,000 SF (3) Fertilization (Sec. 4.05) 1000 SF (4) Weeding and clean -up (Sec. 4.06) 1 hour (5) Shrub and groundcover pest control 1 hour C. FLOWER BED MAINTENANCE AND RENOVATION (1) Install color accent bedding plants (Sec. 4.06) 10 SF (2) Fertilization 10 SF C. HARDSCAPE (Non -turf) MAINTENANCE (1) Weed control spot treatment in hardscape (See. 4.11) 1 hour (2) Litter and debris removal (See. 4.11) 1 hour (3) Tree pest control spot treatment 1 hour D. BIKE PATH MAINTENANCE (1) Bike path maintenance (Sec. 4.12) 100,000 SF E. IRRIGATION (1) Time clock adjustment (Sec. 4.10) 1 hour (2) Routine repairs (Sec. 4.09) 1 hour (3) Upgrades (Sec. 4.09) 1 hour (4) New installation (Sec. 4.09) 1 hour City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1 - 9 BIDDER'S PROPOSAL (Continued) F. PARKWAYS, ISLANDS, SOUNDWALLS AND WALKWAYS (1) Parkways, islands, sound walls and 1000 SF walkways (Sec. 4.13) (2) Fall leaf removal 1000 SF B. SUM of UNIT PRICE TOTAL COSTS City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1-10 BIDDER'S PROPOSAL (Continued) COMBINED BID PROPOSAL PRICE FOR COMPARISON PURPOSES (In the event of a discrepancy between words and figure, the words shall prevail.) A. SUM OF SITE YEARLY COSTS (from Page 1 -7) $ (Figures) Dollars and Cents B. SUM OF UNIT PRICE TOTAL COSTS (from Page 1 -10) $ (Figures) Dollars and C. TOTAL BID PROPOSAL AMOUNT (A + B) (Figures) Dollars and Cents Cents The lowest bid shall be the lowest bid price submitted on Item A: Sum of Site Yearly Costs. The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Bidder Company Name Address of Bidder City FAX Number of Bidder Contractor's License Number Signature of Bidder Name of Bidder (Print) Telephone Number of Bidder License's Expiration Date City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal ADDENDUM ACKNOWLEDGEMENTS ADDENDUM #1 Received by Date ADDENDUM #2 Received by Date ADDENDUM O Received by Date ADDENDUM #4 Received by Date ADDENDUM #5 Received by Date ADDENDUM #6 Received by Date City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bidder's Proposal 1-12 BIDDER QUESTIONNAIRE CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK SOUTH In submitting a proposal, each bidder shall also provide the information requested below. Use additional sheets, if necessary. Brochures and advertisements will not be accepted as a direct response to the questionnaire. A responsive and qualifying proposal must address all items. Incomplete proposals will be rejected. (1) Organization: Describe your firm's qualifications to provide the service specified in this RFP. Be sure to include: founding date (month and year) and brief history of firm; facility /office location(s), current number of employees (full -time and part- time); equipment acquired / available for the work; firm's vision and mission statements, and key services offered. Attach an organization chart showing the project administrator, supervisor(s) and crews proposed for this project. (2) Experience: Describe your firm's experience with municipal landscaping and number of years of experience in projects of this type. (3) Current Work: Is your firm currently performing a contract in the vicinity? If so, with whom, and briefly describe the scope of that work. (4) Contract Administrator: Indicate the name, title, telephone number and years of experience of the individual who will be administering the contract, if contract is awarded to your firm. (5) Supervisor: Indicate the name, title, telephone number, and years of experience of the proposed supervisor, per Section 3.05 a — c Supervision in the Special Provisions, if contract is awarded to your firm. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Part 2 — Bidder Questionnaire 1 -13 (6) Emergency information: List names and telephone numbers of persons that the City may need to contact in case of an emergency after hours, on weekends or holidays. (7) Quality Control Program: Describe your firm's established Quality Control program that you will be providing to the City to ensure a high level of performance on a consistent basis. Include any examples of forms currently being utilized and their particular functions /uses. (8) Environmentally - Responsible Practices: Describe your firm's staffing, training, policies or programs that demonstrate environmental responsibility (for example, certified water auditors on staff, a written IPM program, waste reduction policies, certified green business, etc.). (9) Affiliations and Accreditations: What are some of your firm's professional affiliations and accreditations? City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Part 2 — Bidder Questionnaire 1-14 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is (hereinafter the "Bidder ") Bidder's Contractor's License Number is as follows: of (party making foregoing bid) 2. The expiration date of Bidder's Contractor's License is , 20 3. Bidder acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non- responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20 , at (insert city and state where Declaration signed). Signature Typed Name Title Bidder Company Name City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Contractors License Declaration 1 -,15 REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed similar work within the past two (2) years: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South References 1-16 DESIGNATOR OF SURETIES The following are the names, addresses, and phone numbers for all brokers and sureties from whom bidder intends to procure insurance and bonds: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Designator of Sureties 1 - 17 BID BOND Bond No. WHEREAS, ( "Principal ") intends to submit a bid to the City of Rohnert Park ( "City ") for the above - referenced Project, and the terms of the bid require the Principal to submit bidder's security. NOW, THEREFORE, Principal and ( "Surety "), are hereby held and firmly bound unto the City in the amount of ten percent (10 %) of the bid amount set forth in the Principal's bid for the above - referenced Project, for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal submits a bid for the above - referenced Project, the terms and conditions of which are incorporated herein by reference, and if said bid is rejected by the City, or if said bid is accepted by the City and the Bidder properly executes and submits to the City the Agreement and all required documents (including the Faithful Performance Bond and Labor and Material Bond, if required, and the Insurance Certificates and Endorsements), then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by an agreement between the City and the Principal to extend the time within which the City may accept the Principal's bid, and the surety hereby waives notice of any such extension. In the event suit is brought upon this bond, the surety shall pay reasonable attorneys' fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond. IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles and signatures. Principal: (Name of Firm) By: _ Title: Date: Surety: (Name of Firm) By: Title: Date: Address for Notices to Surety: Note: Notary acknowledgment for Surety and Surety's Power of Attorney must be attached. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Bid Bond Form 1 - 18 CONTRACT CITY OF ROHNERT PARK LANDSCAPE MAINTENANCE SERVICES ROHNERT PARK SOUTH THIS AGREEMENT, made and entered into this day of , 20 , by and between , hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The contractor shall perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on , the items and quantities of which are more particularly set forth in the contractor's bid therefor on file in the office of the City Clerk, except work done or to be done by others. 2. Time of Performance and Liquidated Damages: The contractor shall begin work within fifteen (15) calendar days after official notice by the Public Works Director to proceed with the work and shall diligently prosecute the same through the contract period. 3. Payments: Payments will be made by City to the contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in contractor's bid. The award of the contract is for a total amount of 4. Component Parts: This contract shall consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals C) Instruction to Bidders d) Accepted Bid Proposal e) Bid Bond f) Proposal Terms and Conditions City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Sample Contract 1-20 0 Special Provisions g) Landscape Maintenance Specifications h) Exhibits to Request for Proposal i) Certificates of Insurance and Endorsements 5. Wage Scale: Pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Section 1770) of the Labor Code and particularly Section 1775 thereof, shall be complied with. Notice is hereby given that, pursuant to Section 1773.8 of the Labor Code of the State of California that the payment of travel and subsistence payments to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section of the Labor Code. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. 6. Hours of Labor: The contractor shall forfeit, as penalty to said City, Twenty -five Dollars ($25.00) for each workman employed in the execution of the contract by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 18 10) of the Labor Code of the State of California. 7. Apprentices: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the rules and procedures of the California Apprenticeship Council, properly indentured apprentices shall be employed in the prosecution of the work. The ratio of apprentices to journeymen who shall be employed in the respective crafts or trades may be the ratio stipulated in the apprenticeship standards under which the appropriate joint apprenticeship committee operates. In no event shall the ratio be less than one apprentice for each five journeymen unless a certificate of exemption has been issued by the Division of Apprenticeship Standards. Willful failure by the contractor to comply with said Section 1777.5 shall result in his being denied the right to bid on a public works contract for a period of six months from the date the determination is made. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Sample Contract 1-21 8. Labor Discrimination: Contractor shall comply with Section 1735 of the Labor Code, which provides: "No discrimination shall be made in the employment of persons upon public works because of race, color, national origin or ancestry, religion, or handicap of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." 9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 10. Indemnity: To the fullest extent permitted by law, contractor shall indemnify, hold harmless, release and defend City, its officers, employees, consultants and volunteers 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 contractor, in whole or in part, arising out of contractor's activities hereunder, including the activities of other persons employed or utilized by contractor in the performance of this Agreement 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 contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by contractor and shall continue to bind the parties after termination/completion of this Agreement. 11. Attorneys es: In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Sample Contract 1 -22 IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK <<CONTRACTOR>> (SEAL) (SEAL) ATTEST: APPROVED AS TO FORM: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Sample Contract 1 -23 Exhibit 1 INSURER ISO FORM CG 20 10 11 85 (MODIFIED) (i) POLICY NO: COMMERCIAL GENERAL LIABILITY ENDORSEMENT NO: THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization: (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of "your work" performed for that insured. 1. The insured scheduled above includes the insured's elected or appointed officers, officials, employees and volunteers. 2. This insurance shall be primary as respects the additional insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Additional Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Additional Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. 3. The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Signature- Authorized Representative Address CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified) Exhibit 2 SUBMIT IN DUPLICATE AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT ENDORSEMENT NO. ISSUE DATE(MM /DD /YY) FOR CITY OF ROHNERT PARK (the "City ") PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE ❑ Included in Limits ❑ In Addition to Limits ❑ Deductible ❑ Self- Insured Retention (check which) of $ Telephone NAMED INSURED APPLICABILITY. This insurance pertains to the operation and /or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❑ in which case only the following specific agreements and permits with the City are covered: CITY AGREEMENTS /PERMITS TYPE OF INSURANCE OTHER PROVISIONS ❑ COMMERCIAL AUTO POLICY ❑ BUSINESS AUTO POLICY ❑ OTHER LIMIT OF LIABILITY CLAIMS: Underwriter's representative for claims pursuant to this insurance. Name: $ per accident, for bodily injury and property damage. Address: Telephone: ( ) In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. ADDITIONAL INSURED. The City, its officers, officials, employees and volunteers are included as additional insureds with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, or for which the Named Insured is responsible. 2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy shall: (a) be primary insurance as respects the City, its officers, officials, employees or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. Any insurance or self - insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Named Insured's insurance and not contribute with it. 3. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as: (1) If primary, Insurance Services Office form number CA0001 (Ed. 1/87), Code 1 ( "any auto "); or (2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1). Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER AUTHORIZED ❑ Broker /Agent ❑ Underwriter ❑ REPRESENTATIVE CITY OF ROHNERT PARK 6800 HUNTER DRIVE I (print/type name), warrant that I have authority to bind the above - mentioned insurance company and by my P. O. BOX 1489 signature hereon do so bind this company to this endorsement. ROHNERT PARK, CA 94927 -1489 Signature (original signature required) Telephone: ( ) Date signed: REV. 1193 Exhibit 3 SUBMIT IN DUPLICATE WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY ENDORSEMENT NO. ISSUE DATE(MM /DD/YY) SPECIAL ENDORSEMENT FOR CITY OF ROHNERT PARK (the "City ") PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: from to OTHER PROVISIONS Telephone NAMEDINSURED CLAIMS: underwriter's representative for claims pursuant to this insurance. EMPLOYERS LIABILITY LIMITS Name: $ (Each Accident) _ Address: $ (Disease - Policy Limit) $ (Disease - Each Employee) Telephone: ( ) In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. CANCELLATION NOTICE. This insurance shall bot be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 2. WAIVER OF SUBROGATION. This insurance Company 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. Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER AUTHORIZED ❑Broker /Agent ❑ Underwriter ❑ REPRESENTATIVE CITY OF ROHNERT PARK 1 (print/type name), warrant that I have 6800 HUNTER DRIVE P. O. BOX 1489 authority to bind the above - mentioned insurance company and by my signature hereon do so bind this company to this endorsement. ROHNERT PARK, CA 94927 -1489 Signature (original signature required) Telephone: ( ) Date signed: REV. 1/93 Exhibit 4 ISSUE DATE MM /DD/YY) CERTIFICATE OF INSURANCE CITY OF ROHNERT PARK (the "City ") THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES PRODUCER BELOW. BEST'S COMPANIES RATING COMPANY LETTER A COMPANY LETTER B INSURED COMPANY LETTER C _ COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEN BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE (MM /DD/YY) DATE (MM /DD /YY) GENERAL AGGREGATE S PRODUCTS - COMP /OPS AGGREGATE S GENERAL LIABILITY PERSONAL & ADVERTISING INJURY S ❑ COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE ❑ OCCUR ❑ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S ❑ OTHER MEDICAL EXPENSE (Any one person) S COMBINED S AUTOMOBILE LIABILITY SINGLE LIMIT ❑ ANY AUTO BODILY INJURY S ❑ ALL OWNED AUTOS Per erson BODILY INJURY $ ❑ SCHEDULEDAUTOS ❑ HIREDAUTOS Per accident ❑ NON -OWNED AUTOS ❑ PROPERTY DAMAGE S GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE S ❑ UMBRELLA AGGREGATE S ❑ OTHER THAN UMBRELLA FORM STATUTORY ❑ WORKER'S COMPENSATION EACH ACCIDENT S AND DISEASE - POLICY LIMIT 5 EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE S PROPERTY INSURANCE S ❑ COURSE OF CONSTRUCTION AMOUNT OF INSURANCE DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above - described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below. 2. The City, its officials, officers, employees and volunteers are added as insureds on all liability insurance policies listed above. 3. It is agreed that any insurance or self- insurance maintained by the City will apply in excess of and not contribute with, the insurance described above. 4. The City is named a loss payee on the property insurance policies described above, if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against the City. 6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting from work for the City or use of the City's premises or facilities. (b) CERTIFICATE HOLDER /ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE CITY OF ROHNERT PARK SIGNATURE 6800 HUNTER DRIVE TITLE P. O. BOX 1489 ROHNERT PARK, CA 94927 -1489 PHONE NO. Rev. 1/9 PART 2 PROPOSAL TERMS AND GENERAL CONDITIONS 2.01 PROPOSAL CONTENTS This proposal consists of • Invitation for Sealed Bids • Bidder's Proposal • Tertns and Conditions • Special Provisions • Landscape Maintenance Specifications • Exhibits • Maps • Bid Proposal Bond • Insurance Certificate & Endorsements and other terms and conditions as are attached or incorporated by reference in the schedule of the Invitation for Sealed Bids. 2.02 BID PROPOSALS Contractors are required to submit a bid proposal on all items. Bid Proposal submittals that do not address all items will not be considered. All prices and bid proposals must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink be person signing the bid proposal. All proposals must be signed with the firm's name by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 2.03 SUBMISSIONS OF BID PROPOSALS Each bid proposal must be submitted on the prescribed form in a sealed envelope with the bid proposal name, closing date and time on the outside. Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of the Request for Proposals. The information requested and the manner of submission are essential to permit prompt evaluation of all bid proposals on a fair and uniform basis. Accordingly, the City reserves the right to declare as non - responsive, and reject any bid proposal in which material information requested is not furnished or where indirect or incomplete answers or information is provided. Bid Proposals and modifications or corrections thereof received after the closing time specified City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -1 will not be considered. No telegraphic, telephone or facsimile of bid proposals will be accepted. If a photocopy is to be submitted, it must be signed in original, in ink. 2.04 BID PROPOSAL SECURITY Bid proposals must be accompanied by a certified check, cashier's check drawn on a bank in good standing, or a Bid Bond issued by a surety executed by an admitted surety insurer authorized to transact business in this State, made payable to the City, in an amount not less than ten percent (10 %) of the bidder's total amount for one (1) year of the contract period. A proposal shall not be considered unless one of the forins of bidder's security is enclosed with it. A bidder's bond will not be accepted unless it has been properly filled out and executed by the surety and by the bidder. All bid prices shall be held firm for a period of at least sixty (60) days from the date of the bid opening. The ten percent (10 %) bid bond is a guarantee that the successful bidder awarded the Contract shall enter into and fully execute a contract with the City. In the event of a bidder who is awarded the Contract does not enter into a contract with the City, the ten percent (10 %) bid bond shall be forfeited to the City. The City will either award or reject bids within sixty (60) days of the bid opening. The ten percent (10 %) bidder's bond of the three (3) responsive, responsible bidders will be held by the City until a contract is fully executed by the successful bidders awarded the Contract, at which time the bid bonds will be returned to the other responsive, responsible bidders. All other ten percent (10 %) bid bonds will be returned to those bidders within sixty (60) days of the bid opening. The Attorney -in -Fact who executes this bond in behalf of the surety must attach a notarized copy of his power -of- attorney as evidence of his authority to bind the surety on the date of execution of the bond. Where State Statute requires, certification by a resident agent shall also be provided. If the bidder elects to furnish a Bid Bond, they shall use the City's Bid Bond form or a bid bond approved in advance by the City Attorney. 2.05 BID PROPOSAL POSTPONEMENT AND AMENDMENT The City of Rohnert Park reserves the right to revise or amend the specifications up to the time set for opening of bid proposals. Such revisions and amendments, if any, shall be announced by addenda to this solicitation. Copies of such addenda shall be furnished to all prospective bidders. Prospective bidders are defined as those contractors listed in the City's Request for Proposals list for this material /service, or who have obtained his documents subsequent to the advertisement. If revisions and amendments require changes in quantities or prices propose, or both, the date set for opening of bid proposals may be postponed by such number of days as in the opinion of the City shall enable the contractors to revise their bid proposals. 2.06 SINGLE BID PROPOSAL RESPONSE City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 2 -2 Proposal Terms and General Conditions If only one bid proposal is received in response to the Request for Proposals, a detailed cost bid proposal may be requested of the single Contractor. A cost /price analysis and evaluation and /or audit of the cost proposal may be performed in order to determine if the price is fair and reasonable. 2.07 BID PROPOSAL WITHDRAWAL After the bid proposals are opened, bids may not be withdrawn for sixty (60) calendar days. Prior to the date /time set for the bid opening, however, bid proposals may be modified or withdrawn by the Contractor's authorized representative in person, by written notice or by facsimile notice. If bid proposals are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the bid proposal. Written or facsimile notices shall be received in the office designated on the Invitation for Sealed Proposals no later than the exact date /time for the bid opening. A facsimile modification or withdrawal received in the designated office no later than the date /time set for the bid opening shall be considered if such message is confirmed in writing by fax. 2.08 BIDDER INVESTIGATION Before submitting a bid proposal, each Contractor shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the bidder will rely. If the Contractor receives an award as a result of its bid proposal submission, failure to have made such investigations and examinations will in no way relieve the Contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the contract for additional compensation. 2.09 COMPETENCY OF CONTRACTORS No bid proposal will be accepted from or contract awarded to a Contractor who is not licensed in accordance with the law, who does not hold a license qualifying him to perform work under this contract, to whom a bid form has not been provided and who has not successfully performed on projects of similar character and scope. The Contractor may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner. Generally, Contractor history and references are required at a minimum. The City may make reasonable investigations deemed necessary and proper to determine the ability of a Contractor to perform the work, and Contractor shall furnish the City all information requested for this purpose. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -3 2. 10 AWARD A Landscape Maintenance Services Contract will be awarded to the responsive and qualified bidder who submits the lowest bid, and in the City's sole and absolute judgment, will best serve the interest of the City of Rohnert Park. The City of Rohnert Park reserves the right to accept bid proposals on individual items listed, on group items, or on the proposal as a whole; to reject any and all bid proposals; to waive any informality and irregularities in the bids; and to accept the bid proposal that appears to be in the best interest of the City. In determining and evaluating the lowest qualified bidder, the following elements shall be considered, in addition to price: (a) That the products offered provide the quality, fitness, and capacity for the required usage; (b) That the bidder has the ability, capacity and skill to perform the contract satisfactorily and within the time required; and (c) That the bidder's experience(s) regarding past purchases by the City or other public agencies demonstrates the reliability of the bidder to perform the contract. Elements listed in the Bid Evaluation Factors in the Introduction section will also be part of evaluating qualified bidders. Contractors shall be required to provide the information requested under Bidder's Questionnaire in the Bid Documents. Failure to provide this information may be sufficient reason to declare the bid proposal non - responsive. The City Manager, or designee, shall be the sole judge in the determination of these matters. The execution of this Bid Proposal by the bidder shall constitute a non - revocable continuing offer by the bidder for a period of sixty (60) days, any time during which the City may accept the bid. The City Council's authorization to the Mayor of the City of Rohnert Park to execute this Bid Proposal shall constitute acceptance of the offer and award of the Contract by the City. Notice of contract award, if awarded, will be made within sixty (60) days of opening of bid proposals to the lowest responsive and responsible Contractor, whose bid proposal complies with all the requirements in the Request for Proposals. Contractor shall submit to the City, for approval, within ten (10) days from notice of contract award, all Certificates of Insurance and Endorsements evidencing the required coverage as described under the Insurance in the schedule of the Request for Proposals. The Contractor shall not commence work under the terms and conditions of the Contract until all Certificates of Insurance and Endorsements have been approved by the City and he /she has received notice to proceed in writing and an executed copy of the contract from the City of Rohnert Park. If, at the time this Contract is to be awarded, the total of the acceptable proposals exceeds the funds then estimated by the City as available, the City may reject all proposals or take such other action as best serves the City's interests. THE CITY RESERVES THE RIGHT TO ADJUST AND /OR DELETE ANY PORTION OF THIS CONTRACT. If the lowest responsive and qualified bidder fails to sign a Contract, provide acceptable City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 2 -4 Proposal Terms and General Conditions Insurance Certificates and Endorsements, and secure a City Business License, the City may award the Contract to the second lowest responsive qualified bidder. Such award, if made, will be made no sooner than sixty (60) days after Council award of Contract. 2.11 COMPENSATION In consideration for the Contractor's timely and faithful performance of the Work, the City shall pay to the Contractor the fees set forth in the Bidder's Proposal. The Contractor shall submit invoices to the City on a monthly basis. Payment each month will be based upon actual work performed and accepted by the City. Each invoice shall itemize the work performed that is part of the monthly and annual schedules agreed upon per Section 3.06, Monthly and Annual Schedules in the Special Provisions, or by assigned work orders authorized by service request per Section 3.07, Service Requests in the Special Provisions. As required in Section 3.06, Monthly and Annual Schedules of the Special Provisions, the invoices will include a report of the scheduled and completed work. This report shall include: (1) specific work performed, (2) location of the work, and (3) unit price, quantity and extended price. The Contractor shall submit his invoice to the City of Rohnert Park, Accounts Payable Department, Post Office Box 1489, Rohnert Park, CA, 94927 -1489. The City may withhold payment of any portion of the compensation if payment is disputed until resolution of the dispute with the Contractor. Such withholding by the City shall not be deemed to constitute a failure to pay by the City. The Contractor shall not discontinue the performance of the Work for a period of thirty (30) days from the date Compensation is withheld hereunder. The Contractor shall have an immediate right to appeal to the Public Works Director and the City with respect to withheld amounts. The determination of the Public Works Director and the City with respect to such matters shall be final. The Contractor shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the Contractor at the rate of seven percent (7 %) per annum, simple interest. Deductions from payment for deficiencies in work may also be applied per Section 3.22, Performance Deficiency Deductions in the Special Provisions. 2.12 COST OF LIVING ADJUSTMENT The contractor may request a cost of living adjustment once per contract year. The request shall be made at least 60 days prior to its implementation. Prices may be adjusted annually (on the day the contract was signed by the City of Rohnert Park and the Contractor) by an amount not to exceed the Consumer Price Index, All Urban Consumers, San Francisco - Oakland -San Jose area, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12- month period. Prices shall remain firm for the following 12 -month period. The charges may be increased in the following manner: the numerator will be the CPI (as listed above) of the month three (3) months prior to the Adjustment Date and the denominator will be the CPI (as listed above) of the previous year of the month three (3) months prior to the signing of the contract. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -5 Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. 2.13 TERM OF CONTRACT The Contractor shall provide the services contained in these specifications for the period of three (3) years, unless sooner terminated in accordance with the provisions of these specifications. The City reserves the right to extend this Agreement, without holding new bidding procedures, on a year -to -year basis, up to three (3) years beyond the proposed initial term if mutually agreed to by the City and the Contractor. 2.14 NOTICE The address to be used for any given notice served by mail upon the Contractor shall be that which is stated in 'Bidder's Proposal" or such other place as may hereinafter be designated in writing to the City by the Contractor. Any notice served by mail upon the City shall be addressed to the City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, CA 94928, or such other place as may hereinafter be designated in writing to the Contractor. 2.15 MODIFICATIONS Should the City, at any time during the term of this contract, request any alterations, deviations, additions, or omissions from the contract specifications or landscape maintenance areas, it shall be at liberty to do so, and the same shall in no way effect or make void this contract. Changes in the areas to be maintained may be made as the City accepts new areas and /or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Verbal change orders are not permitted. The Contractor agrees that as additional landscaped areas are added, the Contractor shall maintain such additional landscaped areas in accordance with the terms of this contract and at the rates specified in the Unit Pricing form of the Bid Schedule. The City reserves the right to make additions, deletions, revisions, and /or otherwise modify the Landscape Maintenance Specifications. The Contractor shall be liable for all costs resulting from and /or for satisfactory correcting, any specification change or properly ordered written modification to the contract and signed by the City of Rohnert Park. Any changes in the specification that causes the Contractor to suffer additional expenses may be negotiated upon written justification. 2.16 TERMINATION OR SUSPENSION OF AGREEMENT FOR CAUSE The following are basis for termination of contract by the City: City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 2 -6 Proposal Terms and General Conditions I . Bankruptcy of the Contractor, or assignment by it, for the benefit of its creditors. 2. Failure or refusal by the Contractor (after written warning by the City) to perform the services specified herein in a satisfactory manner, as determined by the Public Works Director. 3. Failure or refusal by the Contractor to comply with the instructions of the City or with applicable Federal, State and local governing and licensing laws or codes. 4. Failure by the Contractor to perform any of its obligations hereunder shall not constitute a breach of the contract if such failure is caused by an act of God, failure to obtain materials, or by a strike of employees of the Contractor which caused a cessation or interruption of service, provided that if the Contractor is excused from performing its obligations hereunder for either of the foregoing reasons for a period of thirty (30) days or longer the, City shall have the right to terminate this agreement after notice and a hearing before the Public Works Director. 5. Discrimination against any employee or person on account of an individual's race, color, sex, religion, background, ancestry, national origin, or handicap. 6. By mutual written agreement of both the City and the Contractor. Termination of this contract under conditions 1 through 5 above, shall be considered "for cause" and the Contractor may not claim any damages against the City for the termination action. In addition, the City reserves the right to withhold payment to the Contractor, suspend the contract and /or provide substitute service with all charges in excess of contract rates therefore to be paid by the Contractor in the event the Contractor fails to meet any of the specifications with regard to quality and /or level of service as described within these specifications, until such time as the City determines that the Contractor has satisfactorily corrected any such deficiencies within the time frame called for by the City. Such suspension shall be considered "for cause" and the Contractor may not claim damages against the City for such suspension action. 2.17 TERMINATION OF AGREEMENT WITHOUT CAUSE Either the City or the Contractor may terminate this contract, at any time and for any reason or no reason, by giving the other party sixty (60) days written notice. Within sixty (60) days of contract termination, City will pay Contractor the cost of the work actually completed by Contractor as of the termination date in performance of this Agreement and any other costs actually incurred by Contractor in its anticipated performance of this contract. Contractor will provide documentation of the work it reasonably performed and costs it reasonably incurred prior to the termination date, which must be approved by the Public Works Director /City Engineer prior to City's payment. The Public Works Director /City Engineer's determination as to what constitute reasonable work and costs shall be final. 2.18 ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign or subcontract work, or any part thereof, without the previous written consent of the City, nor shall he assign, by power of attorney or otherwise, any of the City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -7 money payable under this contract unless written consent of the City has been obtained. No right under the contract, not claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, his subcontract shall be immediately terminated by the Contractor upon notice for the City. The Contractor shall be fully responsible and accountable to the City for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City. 2.19 INSURANCE Note: The City advises all prospective contractors to carefully read the contract insurance requirements listed below. It is also advised that prior to submitting a Bid Proposal, contractors should have their insuring agency review the City's insurance requirements to determine if their carrier(s) will comply with the additional insured endorsement and cancellation language that is required. All certificates of insurance and endorsements must be submitted to the City for approval after award of bid. Failure to comply with the insurance requirements stated herein, after award of bid will be just cause for annulment of award. Without limiting Consultant's indemnification provided herein, Consultant shall take out and maintain, throughout the period of this Agreement, the following policies of insurance placed with insurers with a current A.M. Bests rating of no less than A:VII or its equivalent against injury /death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors: A. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $2,000,000.00 per occurrence. If work involves explosive, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions: (1) The City, its officers, employees and agents, are covered as insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, agents and employees. 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, City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 2 -8 Proposal Terms and General Conditions 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 active negligence of City. (2) This indemnification obligation is not limited in anyway 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. (3) The policy shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non - payment of premium) to City by certified mail. (4) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability. (5) For claims related to this project, the Contractor's insurance is primary coverage to the City, and any insurance or self - insurance programs maintained by the City is excess to Contractor's insurance and will not be called upon to contribute with it. (6) Any failure to comply with reporting or other provisions of the parties, including breach of warranties, shall not affect coverage provided to City, its officers, employees and agents. B. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $2,000,000 per accident combined single limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non- payment of premium) to City by certified mail. C. Worker's Compensation insurance meeting statutory limits of Labor Code which policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers, agents, and employees and provide for thirty (30) days prior written notice to City in the event of cancellation. If Consultant has no employees, Consultant may sign and file the following certification in lieu of insurance: V am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with the City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -9 provisions of that code before commencing with and during the performance of the work of this contract. " Contractor shall maintain, during the life of this agreement, workmen's compensation insurance for all employees employed by Contractor for the operations hereunder. 2.20 FAILURE TO PROCURE INSURANCE Failure on the part of the Contractor to procure or maintain required insurance, including workers compensation coverage, shall constitute a material breach of this contract upon which the City may immediately terminate or suspend this contract, or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand or the City may offset the cost of the premiums against any monies due to the Contractor by the City. 2.21 INDEMNIFICATION To the full extent permitted by law, Contractor shall indemnify, hold harmless, release and defend City, its officers, elected officials, 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 Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the activities of other persons employed or utilized by Contractor 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 Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this Agreement. 2.22 LEGAL REQUIREMENTS AND PERMITS The Contractor agrees to fully comply with all local, city, state and federal laws, regulations and ordinances governing performance of contractual services required hereunder, and it will be the responsibility of the Contractor to obtain any and all necessary permits, licenses and /or clearances prior to initiating a contract. Contractor shall pay all state and local sales and use taxes on items, and in a manner as required by the laws and statutes of the State of California and its political subdivisions. The Contractor shall withhold and pay any and all withholding taxes, whether State or Federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees, or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. (Note: A valid City of Rohnert Park Business License is required for the Contractor and all Sub - Contractors individually). _ City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 2 -10 Proposal Terms and General Conditions 2.23 FEDERAL & STATE TAX Prices quoted shall not include Federal Excise Tax. California Sales Tax of seven and one half percent (7.5 %) will be paid on material discretely priced in accordance with the contract payment schedule. Sales Tax will not be applied to services. 2.24 WAIVER Any waiver by the City of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement here contained, nor shall failure on the part of the City to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this contract or stopping the City from enforcing the full provision thereof. 2.25 INTERPRETATION This contract shall be interpreted according to the rules which govern the interpretation of contracts, as prescribed in Part 2 of Division 3 of the State Civil Code, commencing with Section 1635. All headings herein contained are for convenience and reference only and are not intended to define or limit the scope of any provision thereof. 2.26 ATTORNEYS FEES In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. 2.27 LEGALITY If any provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 2.28 CALIFORNIA LAW This agreement shall be governed according to the laws of the State of California. 2.29 PREVAILING WAGE RATE Pursuant to the provision of Section 1770 et seq. of the Labor Code of the State of California, the City of Rohnert Park has obtained from the Director of the Department of Industrial Relations the determination of the general prevailing rate of per diem wages and the general prevailing rate City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -11 for holiday and overtime work in the City of Rohnert Park for each craft, classification or type of workman needed to execute the contract, copies of which are on file in the City Offices. 2.30 PAYROLL RECORDS Contractor shall maintain payroll records in compliance with Section 1776 of the California Labor Code. 2.31 IMMIGRATION REFORM CONTROL ACT OF 1986 Contractor shall be responsible for compliance with the Immigration Reform Control Act of 1986. 2.32 COMPLIANCE WITH LAWS & REGULATIONS All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The Contractor shall, if requested by the City, supply certification and evidence of such compliance. 2.33 RETENTION OF RECORDS The Contractor shall be required to retain any records necessary to document the charges for goods to be provided or services to be performed and make such records available to the City for inspection at the City's request, for a period of four (4) years. 2.34 INDEPENDENT CONTRACTOR The parties contend that Contractor in performing the services herein specified, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. It shall be free to contract for similar services to be performed for other employers while it is under contract with the City. Contractor is not to be considered an agent or employee of the City and is not entitled to participate in any pension, medical or dental plan, or any other benefit provided by the City to its employees. 2.35 NON - COLLUSION AFFIDAVIT The Contractor declares, by signing and submitting a bid proposal, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization. or corporation; that the bid proposal is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 2 -12 Proposal Terms and General Conditions contract; that all statements contained in the bid are true; and, further, that the Contractor has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 2.36 ENTIRE AGREEMENT This agreement is the entire agreement between parties. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Proposal Terms and General Conditions 2 -13 PART 3 SPECIAL PROVISIONS 3.01 WORKMANSHIP, MATERIALS AND EQUIPMENT Unless otherwise provided in the contract specifications, the Contractor shall furnish all labor, materials, parts and equipment for satisfactory contract performance. Irrigation parts will be furnished by the City unless otherwise requested. When not specifically identified in the specifications, such materials, parts and equipment shall be of suitable type and grade for the purpose. Each item or article shall be subject to inspection and /or test and approval by the City's designated representative. All workmanship shall be subject to the inspection and approval of the City's designated representative. 3.02 LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest landscape maintenance standards, as set forth by the most recent edition of the California Landscape Standards published by the California Landscape Contractors Association. The City's designated representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed and shall decide all questions which may arise as to the interpretation of the Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor, and as to compensation. The City's decisions shall be final. 3.03 LICENSES The Contractor and its employees shall hold and provide copies of valid permits, licenses and certificates and other documents as are required by the State, County, City and other governmental or regulatory bodies to legally engage in the services to be provided under this contract. This includes, but is not limited to, the possession of the following: Pest Control Business License 2. Qualified Applicators License 1 State Contractors License (C27) All businesses doing work in the City of Rohnert Park shall possess a City Business License and pay all costs necessary to obtain these licenses and /or tax(es) and maintain them in full force and effect during the term of this Contract. Additional information and business licenses can be obtained by contacting City of Rohnert Park Finance Department. The Contractor shall notify the City within twelve (12) hours of any suspension, termination, lapses, non- renewals or restrictions of required licenses, certificates or other documents which may be cause for termination of this contract. It will be the responsibility of the Contractor to comply with all license /registration requirements, including, but not limited to, notification. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -1 3.04 QUALIFICATIONS OF EMPLOYEES The Contractor shall maintain an adequate and proper staff to meet the requirements of this Agreement. The Contractor shall certify to the City that no person in the employ of the Contractor or who will be considered for employment has been convicted of a felony or any crime that related to the duties performed for the City. Any violation of these provisions without the written consent or waiver by the City shall constitute grounds for termination of this contract. The City may, at any time, give written notice to the effect that the conduct or action of a designated employee of the Contractor, in the reasonable belief of the City, is detrimental to the interests of the City, the public and /or the landscape maintenance program. If the Contractor is unable to resolve the problem to the satisfaction of the City, the Contractor shall remove said employee from any crew that is assigned to work in the City. Contractor shall provide uniforms for employees to present a professional appearance at all times while working in the city. 3.05 SUPERVISION The Contractor must provide a qualified, journeyman -level supervisor, foreperson or lead worker on the jobsite each time work is performed, who has the ability to make changes in crew scheduling and respond to complaints made by the City regarding work quality or scheduling issues. The assigned individual shall be available by phone and in person on site during all hours of the operational day. Contractor will provide a phone number where a designated person shall be made available to the City on a 24 -hour basis in the event of after -hours emergencies, as required by the City. The designated person shall act as liaison to the City; be responsible for timely submission of work schedules to the City; coordinate response to City requests for service; perform other duties as requested by the City which directly or indirectly relate to the landscape maintenance program. Supervisors must be approved by the City before the commencement of the contract, and any change in supervisors likewise must be approved by the City. Supervisors must speak, read, and write English, and apply written rules and follow written instructions. A detailed resume containing the information specified below must be submitted for approval prior to the assignment of any supervisors for this contract. Both new and replacement supervisors must meet these qualification standards. A. The full name of supervisor. B. The full name of the on -site foreperson, lead worker or supervisor who speaks and understands English. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 3 -2 Special Provisions C. A detailed description of the previous five (5) years employment history of the proposed supervisor. D. The name(s) and address(es) of the companies for whom the proposed supervisor worked for along with the name(s) and telephone number(s) of his /her immediate supervisor. E. Contractor will stipulate that the Supervisor shall be vested with the authority to speak for the Contractor, and all notices, directions, and instructions given to the Supervisor shall be binding as if given to the Contractor. 3.06 MONTHLY AND ANNUAL SCHEDULES The Contractor shall develop and follow a monthly schedule and an annual schedule for all maintenance activities. The monthly schedule shall indicate the days that each site shall receive regular maintenance. The annual schedule shall list the dates of all special activities such as fertilization, aeration, weed control, field preparation, and other periodic maintenance. The initial schedule shall be submitted on or by the effective date of the contract for review by the City's designated representative. The schedule must be approved by the City before payment of the first month's invoice will be made. Thereafter, the monthly schedule shall be submitted on the day agreed upon by the Contractor and the City. All maintenance schedules are subject to approval by the City, and shall be coordinated with the schedules of field user groups, as required. These maintenance schedules will: (1) detail the specific work to be done, (2) specify the location of the work, and (3) show the unit price, quantity and extended price of the work. It is the responsibility of the Contractor to submit a report of all scheduled and completed work to the City with the monthly billing invoice. In the event that the Contractor is not able to adhere to the established schedule during any particular week, the Contractor must notify City at least twelve (12) hours prior to the scheduled time for the work. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work even though the work is performed on a subsequent day. A copy of the specifications and work schedules shall be made available to maintenance workers and homeowners. A copy shall be kept on site or in the crew vehicle at all times. 3.07 SERVICE REQUESTS The Contractor will be notified about specific complaints, new installations, major irrigation upgrades, landscape restoration work, and extra work with written or verbal service requests from the City's designated representative. Service requests for work beyond the scope of this contract shall be compensated per the Unit Prices supplied as part of the Bidder's Proposal. If such requested work is not listed in the Unit City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -3 Prices, a time - and - materials basis or an agreed lump sum price will be negotiated, dPren.�ina nn the nature of the work. Calculation of cost of material for time - and - materials work or lump sum price shall be the wholesale cost of the material including but not to exceed a 15% markup for overhead costs and profit. Prior to work being done, Contractor shall submit a written estimate for the service request, for approval by the City. After completing the requested task, the Contractor shall submit an invoice for the City's review, itemizing all costs for labor, materials, and equipment. The invoice shall include actual hours worked. The Contractor shall maintain records sufficient to distinguish the service request from the direct cost of other operations. 3.08 WORK SCHEDULE All work schedules of the Contractor shall conform to all applicable City ordinances and designed in a manner to provide the desired level of service. If unable to complete work as scheduled, Contractor will need to schedule weekend work to comply with contract and to avoid possible deductions for work not completed. Such weekend work shall be conducted in a manner that will not affect the facility user groups. No additional costs shall be incurred by the City for work schedule modifications. 3.09 HOLIDAY SCHEDULE Any work that is missed due to a holiday shall be made up on the next regular working day. 3.10 INCLEMENT WEATHER During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Activities affected by the weather shall be completed within three (3) working days after the inclement weather or as directed by the City's representative. If weather or wet ground conditions persist, the Contractor may submit a written request to the City for an alternative schedule. Any alternative schedule is subject to the approval of the City. 3.11 AVAILABILITY The Contractor is required to maintain an office within a 50 mile radius of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor's representative by radio or pager on a 24 -hour basis. Contractor agrees to return any phone call within twenty -four (24) hours of receipt for non- emergencies, and within two (2) hours for any emergency situations. Each occurrence of failure to return calls within the specific period will result in a Performance Deficiency Deduction of $200 (Two- Hundred Dollars) for every occurrence as detailed in Section 3.22, Performance City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 3 -4 Special Provisions Deficiency Deductions in the Special Provisions). Chronic failure to abide with this requirement will be grounds for termination of the contract. The Contractor agrees to respond immediately within two (2) hours to emergency situations emanating from City staff. Examples of emergencies include broken water lines, earthquakes, storms, floods, high winds, and similar incidents. The Contractor shall have the ability to be contacted by two -way radio service or paging service from Contractor's office whenever such situations occur. Should the Contractor fail to respond to an emergency situation within two (2) hours, the City will, at its sole discretion, correct or have corrected the emergency. Any costs incurred by the City will be deducted from the Contractor's monthly compensation. Examples of emergency situations include, but are not limited to, malfunctioning controllers, defective valves or otherwise unscheduled running of water. 3.12 EXAMINATION OF SITE AND WORK The City makes no representation about the order or condition of the work area nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of, or at any time during, the term of the contract. Bidders must examine the location, physical conditions and surroundings of the work area and judge for themselves the extent to which these factors will influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications. Any additional work to be performed, which is not covered under other aspects of this contract, will be performed by written or verbal request from the City and under approval by the City's representative. 3.13 STORAGE SITES It shall be the Contractor's responsibility to locate and secure any storage sites required for materials and equipment. 3.14 EQUIPMENT All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean and orderly manner, shall be kept in good working order and shall comply with Cal /OSHA standards for safety. The City may reject any vehicle or piece of equipment and order it removed from the job site. In the event of equipment breakdowns, Contractor shall have back -up equipment available no later than twenty -four (24) hours after breakdown occurs. Contractor shall notify the City immediately if a breakdown occurs and will result in no further operation on that day. Back -up equipment is to be supplied at no extra cost to the City. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -5 3.15 TRAFFIC CONTROL The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury in accordance with Cal /OSHA regulations and shall take precautions required by all other applicable governmental regulations. Contractor shall comply with all applicable safe operating procedures characteristic of the landscape maintenance industry, for example, chipper and chainsaw training and safe operation, traffic control and cone placement, power tool operation, procedures for excluding citizens and school children from dangerous work sites, and similar safety preventive measures and precautions. Work to be performed adjacent to a roadway is of particular concern. Contractor must provide for the safe passage of motor vehicles, pedestrians, and bicycles around or through the worksite. Traffic control and lane closures as required for maintenance under this contract shall be performed in accordance with the most recent Manual of Uniform Traffic Control Devices ( MUTCD), U.S. Department of Transportation, and MUTCD California Supplement, and to the satisfaction of City representative and in accordance with any state or county permit, encroachment or maintenance agreements. City representatives shall maintain the right to require additional modifications to traffic control systems as deemed necessary. All workers within the lane closures shall maintain all safety standards and will wear high visibility protective clothing or safety equipment as required. 3.16 SAFETY At no time shall mowing, edging, power trimming, chain saw or chipping operations be continued when any individual, other than a member of the contractor's crew or a City representative is within 100' of the operation in any direction. Safety devices such as chutes, mower guards, chain breaks and others must be present and in working order or contractor's operations will be suspended until such repairs are made. It is advisable that contractor make personal protective equipment such as eye and ear protection available to on -site work crews. When contractor is dispensing fertilizers or pesticides it is imperative that all label requirements are explicitly followed to assure safe operation procedures. Notices of intent or other postings or signage may be required when spraying herbicides, insecticides or miticides. Regarding the use of any pesticide on City property, the contractor shall supply the City with copies of all pesticide labels as well as Material Safety Data Sheets (MSDS) for all products that the Contractor anticipates using prior to any applications being made. During fertilizer operations, contractor shall make every effort to confine granular material to the application site. However, any such material that ends up on sidewalks or roadways shall be blown or otherwise removed from such surfaces, as they become a safety hazard as well as a runoff contaminant. Failure to clean up fertilizer overspill from paved areas may be subject to a Performance Deficiency Deduction of $100 (One- Hundred Dollars) per site, per occurrence. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 3 -6 Special Provisions Certain safety procedures must be followed when mowing and edging turf, including a pre - inspection of the property to be mowed. The identification of hazards such as holes, or the removal of debris such as bottles, cans, and papers can be done at that time. Should the City identify that Contractor's mowers have hit and shredded such materials, rather than properly disposing of them, this will constitute a Performance Deficiency Deduction of $100 (One - Hundred Dollars) per site, per occurrence. Should the City determine that safety measures have not been adequately addressed, the Contractor will be asked to discontinue operation until such adequate measures are implemented. 3.17 UNDERGROUND EXCAVATIONS The Contractor shall be responsible for locating all underground utility lines to ensure the safety of his work crew and to protect in place existing utility equipment before commencing prior to any excavation. The Contractor shall contact the City and Underground Service Alert at 1 -800- 422 -4133 before commencing any excavation to locate underground service lines. 3.18 RUNOFF MITIGATION CONTROLS Runoff containing sediment, vegetation, construction waste, and other pollutants from landscape maintenance sites shall be retained and controlled on site to the maximum extent practicable. Any sediment or other materials which are released from the site during, or as a result of landscape maintenance operations, shall be removed and properly disposed of the same day or as soon as practicable. Excavated soil shall be located on the site in a manner that minimizes the amount of sediment running into the street or adjoining properties. Where determined necessary by the City, a temporary sediment barrier shall be installed to mitigate runoff. Wash downs of trucks or other equipment in which runoff goes directly to the storm drains is prohibited. Any occurrence of contaminated runoff reaching,the storm drains from any landscape maintenance activities or operations may be subject to Performance Deficiency Deduction of $100 (One- Hundred Dollars) per site, per occurrence. Cost of clean -up may also be imposed. 3.19 RECYCLED WATER BEST MANAGEMENT PRACTICES The City utilizes recycled water for most of the irrigation on City -owned properties and is responsible for assuring compliance with the California laws related to recycled water. The following are best management practices that shall be carried out by the City and Contractor as part of this maintenance contract with regard to the use of recycled water. Regulatory Updates and Training The City will be responsible to provide regular updates to the contractor's landscape supervisor on changes in regulations affecting the use of recycled water. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -7 The Contractor will assure that all personnel involved with recycled water are trained prior to beginning work with recycled water, so they are familiar with the rules and regulations governing its use and will handle recycled water safely and responsibly. Training will include but not be limited to: cross connection — what it looks like and why it can not happen; non - potable quality of recycled water; minimization of ponding, runoff, overspray and windblown spray; minimization of incidental runoff occurrences; recognition of unauthorized discharges and reporting requirement; and proper hygiene during and after work on the recycled water system. Regulatory updates and refresher training will be the responsibility of the contractor. Control or disconnection of service The City will take control of or disconnect the recycled water system if at any time operation of the system presents a threat to public health and safety. Cross - connection monitoring If a cross - connection is discovered or suspected, the recycled water system, and if present the potable water system, will be immediately turned off at the point of connection and the City will immediately be contacted. Reporting violations The Contractor will immediately inform the City of any failures, violations or emergencies that occur involving the recycle or potable water systems in the use area. The City will notify the appropriate regulatory agencies in a timely manner if operation of the recycled water system results in violation of State law. The City will notify Department of Health Services and the Regional Water Quality Control Board within 24 hours of any discovery of a backflow incident from a dual - plumbed recycled water system into the potable water system. Modifications to the irrigation system or landscaped area For any proposed new or retrofit recycled water irrigation sites, the Contractor will submit modifications that result in a substantial change to the irrigation system or planting areas to the City for approval prior to changes being made. If the Contractor makes a system change without prior approval (e.g., to prevent damage, contamination or a public health hazard) the Contractor will notify the City as soon as possible after the modification has been made. Irrigation hardware markings All sprinkler heads, valves, controllers, and other irrigation system components will be marked to differentiate recycled water system components from potable water system components. Recycled water valve boxes and quick coupler boxes will have purple lids and will be replaced with like. Note: Hose bibs are not allowed on recycled water systems, and quick couplers are used instead. System inspection/ preventative maintenance All recycled water irrigation use areas will be inspected by the Contractor on a regular basis. Inspection will include: sprinkler heads and drip systems in operation to observe spray patterns, operating pressure, obstructions to spray, and overall integrity of the water delivery equipment; City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 3 -8 Special Provisions site survey for piping, valves, pumps, storage facilities, controllers, signage and above -grade fixture markings. Irrigation equipment will be adjusted to minimize ponding, run off, overspray of the irrigated area, and windblown spray; and to assure protection of drinking fountains and outdoor eating areas from direct contact with recycled water. Recycled water identification signs and markings will be replaced or repaired as needed. Roair Broken sprinkler heads, faulty spray patterns, leaking pipes, valves or other system components will be repaired when the malfunction becomes apparent. Unreadable or missing signs, tags, stickers or pipe markings will be repaired or replaced in a timely manner. All replacement materials will be approved for recycled water use. Record keeping The Contractor will establish and maintain an accurate record keeping system of all inspections, modifications, repair work, employee trainings, permit documents, and communications with the City and regulatory agencies; and will keep as -built drawings up to date. Tool and equipment disinfection Any device, hose, pipe, meter, quick coupler, etc., which has been used in contact with recycled water will be cleaned and disinfected before it will be used to convey potable water or be attached to the potable water system. 3.20 COOPERATION AND COLLATERAL WORK Where two or more contractors are employed in related or adjacent work, each shall conduct his operations in such manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to person or property, or for loss caused by failure to finish the work within the specified time for completion. The Contractor shall ascertain the nature and extent of any simultaneous collateral work by contractors or workmen employed by other agencies on or adjacent to the site of the work and shall coordinate his operations and cooperate to minimize interference. 3.21 LIABILITY FOR DAMAGES, WORK DEFICIENCIES AND CORRECTIONS The Contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. This shall include, but not be limited to, the replacement, at Contractor's expense, of shrubs, trees, vines, turf, groundcover or other landscape items that are lost due to negligence in pest and disease control practices, improper irrigation or fertilizing, or lack of proper maintenance and care. Should damage occur to the light standards, fencing, or other City -owned features, contractor is to notify the City immediately. Contractor shall repair or arrange to have repairs made within twenty -four (24) hours. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -9 If Contractor fails to notify and /or fails to initiate repair within twenty -four (24) hours of the occurrence of any damage described hereunder, the City may repair, or cause to repair, the damage. Any costs incurred by the City will be subtracted from the Contractor's monthly compensation. In addition, a Performance Deficiency Deduction for non - response may also be applied by the City. Should irrigation equipment be involved in any damage, getting the system turned off will be highest priority. Irrigation - related work deficiencies shall be corrected within twenty -four (24) hours of oral or written notification from the City or prior to the next scheduled watering, whichever is earlier. Malfunctions or damage resulting in continuously running water or water going to waste shall be repaired within two (2) hours of notification. All repairs shall be to the City's satisfaction, and no additional compensation will be paid to Contractor. When the Contractor has corrected the deficiencies, the Contractor shall notify the City's designated representative and request inspection of the corrective work. Deficiencies listed in the Notice of Deficiency shall not be considered as having been corrected until the General Services Supervisor has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work. 3.22 PERFORMANCE DEFICIENCY DEDUCTIONS The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its staff and equipment resources and the opportunity and procedure for adjusting those schedules to meet special circumstances as described in Section 3.06, Monthly and Annual Schedules in the Special Provisions. Therefore, all work shall be completed as shown on the schedule. In the event the Contractor fails to accomplish any task under this scope of work, City will provide reasonable notice to take corrective action, typically using a Notice of Deficiency. If the Contractor does not perform the service within the time specified in the Notice of Deficiency or other similar notice, City may, at its option, cause the non - performed tasks to be accomplished through another source. Any costs incurred by the City may be deleted from the Contractor's monthly compensation. Additionally, the City may elect to deduct from payments to the Contractor, the sum of $100 (One- Hundred Dollars) per day, or greater as specified in this section, for each instance in which an item of work is not completed in accordance with the submitted and approved Schedule, Special Provisions, Landscape Maintenance Specifications, or Corrective Action Timeframes (below). These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to schedule. Performance deficiencies subject to deductions are not limited to the list below. Any work deemed by City as not completed in accordance with the submitted and approved Schedule, Special Provisions, and Landscape Maintenance Specifications are subject to deductions. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 3 -10 Special Provisions Deficient Performance Items: Schedule and Scope of Work The City may deduct from the monthly compensation for a scheduled and missed task, per occurrence, per site, for every day's delay of correction. Items that are subject to Performance Deficiency Deductions include: • Failure to accomplish a scheduled task • Delay in taking corrective action, resulting in a missed service • Failure to notify of a schedule change at least twelve (12) hours prior and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work even though the work is performed on a subsequent day. • Failure to supply the required schedule Deficient Performance Items: Good Housekeeping and Safety The City may deduct from the monthly compensation for poor maintenance or unsafe practices, per occurrence, per site, per day's delay of correction. Items that are subject to Performance Deficiency Deductions include: • Failure to remove litter prior to mowing, each occurrence, each site. • Failure to remove and dispose of debris generated by regular maintenance operations, within twenty -four (24) hours • Failure to clean up fertilizer overspill from paved areas • Failure to clean up hardscape after work • Failure of an employee to wear a uniform or a safety vest per occurrence. Deficient Performance Items: Repair of Damage Correction of Work Deficiencies The City may deduct from the monthly compensation for non - response to necessary repairs, per occurrence, per site, per day's delay of correction. Such items that are subject to Performance Deficiency Deductions include: • Failure to repair or arrange to repair damage to the light standards, fencing, other structures damaged from landscape maintenance operations • Failure to respond to irrigation work deficiencies • Failure to repair ruts caused by mowers in play fields and other turf areas Deficient Performance Items: Response to Emergencies The City may deduct from the monthly compensation for non - response to emergencies, per occurrence • Failure to provide the City with current emergency information within the 12 hour period shall result in a $200.00 (Two- hundred dollars) penalty per occurrence. • Failure to return calls within the specified period for emergencies, per Sec. 3. 11, Availability in the Special Provisions • Failure to repair ruts caused by mowers in play fields and other turf areas City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -11 Corrective action timeframes The Contractor shall be notified both verbally and in writing each time performance is unsatisfactory and corrective action is necessary. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification: • i) Major irrigation problems within two (2) hours. • ii) Other irrigation problems within twenty -four (24) hours (including controller program adjustments, reports and schedules). • iii) Other deficiencies within twenty -four (24) hours. • iv) Re- staking of trees per City engineering standards within twenty -four (24) hours The sum of One - Hundred Dollars ($100.00) per day for each day completion of corrective action is delayed beyond the above deadlines shall be deducted and forfeited from payments to the Contractor. 3.23 EXCLUSIONS FROM CONTRACT Contractor is not responsible for damage caused by vandalism, acts of God, storm or unusual drought conditions. 3.24 MAINTENANCE INSPECTIONS The Contractor. shall meet on the site with the City's designated representative for regular, routine inspections of sites. Inspections shall be both visual and operational. In addition to routine inspections, unannounced site inspections by the General Services Supervisor or designee may be conducted. Contractor attendance may be required at these inspections. 3.25 GREEN WASTE Green waste materials that cannot be chipped and spread on -site shall be diverted to the City Corporation Yard for green waste and deposited according to the instructions of the City's designated representative, with pre - approval from the City. Only green waste generated from the City's Landscape Maintenance Services Contract may be so disposed. 3.26 KEY CONTROL The Contractor shall adequately secure the keys, other entry devices, and codes provided by the City. The Contractor shall maintain a record of the key numbers issued to its employees. The contractor shall not duplicate and shall not allow such items to be duplicated. The Contractor shall immediately report any such item, which becomes lost, missing, broken, or stolen to the contract administrator. Should the contractor lose or have stolen any keys issued to City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 3 -12 Special Provisions the contractor by the City, the cost of changing locks, keys, or other devices will be deducted from the contractor's invoice to the City for work performed under this contract. The contractor shall physically present all keys and other entry devices for verification upon request of the City. 3.27 JOB MEETINGS The City representative and Contractor's representative will meet on a weekly basis to discuss the status and progress of the landscape maintenance work, activities performed and planned, changes in work scheduling, specific project problems, and any other issues relative to this Agreement. More frequent contact may be required. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Special Provisions 3 -13 PART 4 LANDSCAPE MAINTENANCE SPECIFICATIONS It is the intent of these specifications to maintain all included landscape areas in a safe condition and to provide a pleasant and well -kept appearance at all times. All usual and customary landscaping activities that are required to accomplish this intent are included as required work within the framework of this contract unless specifically excluded in the following specifications. Following is a list of performance specifications for landscape maintenance of the City facilities listed. 4.01 TURF MOWING AND EDGING The hours available for mowing and edging are 7:30 AM to 5:00 PM, with the exception of the operation of leaf blowers, lawn brooms, vacuum apparatuses and similar devices, which is limited to the hours of 8:00 AM to 5:00 PM, per the Rohnert Park Municipal Code, Chapter 9, 44, Noise. The mowing height for turf shall be 3 ", unless otherwise specified by the City representative. The snowing of unusually tall turf following rainy periods will necessitate double- mowing to remove noticeable windrows and clumps of clippings. It is anticipated that a seasonable average of eight (8) such double - mowings are necessary at each park location. The cost of these double - mowings shall be included in the bid price for mowing, and no additional compensation will be offered for these. A double- mowing is one that requires the mowing of the entire acreage of a facility, twice. Turf shall be mowed at a minimum of once per week at the height of the growing season, generally considered as April through October. Litter shall be removed from turf areas prior to mowing. Turf areas shall be mowed at a minimum of twice around the outside perimeter of the facility before proceeding with cutting the remainder; this is to avoid spreading cuttings onto the sidewalks, roadways and concrete. Turf trimming around objects is part of each mowing operation, and turf trimming around trees is to be done by hand to reduce the possibility of damage to tree trunks. Fresh, detectable damage done to tree trunks during mowing, edging or string trimming could result in the contractor being levied with a "cost of cure" charge for tree repair or replacement. Additionally, the City may elect to apply a Performance Deficiency Deduction (see Section 3.22 of the Special Provisions) for each occurrence of damage to tree trunks. Turf edging shall be performed along the curb or sidewalk line to present a neat, clean appearance. Turf edging shall also be accomplished at the edge of basketball courts to expose the City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Landscape Maintenance Specifications 4 -1 entire court surface. Turf that is adjacent to flower beds, shrub beds, pathways to other such borders is to be mechanically edged every other mowing. All grass clippings and debris shall be picked up after each mowing or edging operation. Noticeable clippings that end up on non -turf areas like sidewalks are to be blown back on to turf areas or picked up for disposal. At no time will it be allowed to blow grass cuttings /debris into public streets, gutters, or adjoining properties, without being swept or vacuum - cleaned at the time of occurrence. Use of mulching mowers must be approved by the City. If the use of mulching mower is approved, all visible clippings must be removed in accordance with this specification. 4.02 TURF AERATION AND FERTILIZATION Turf aeration and fertilization as a combined operation is to be performed a minimum of four times a year, once each season, for athletic fields only. For non - athletic field turf, fertilization shall be performed twice a year, with no aeration. Aeration for non - athletic field turf shall be performed by service request only. The aeration device to be used shall be of the deep -core variety. A park facility field area is to be covered twice during an aeration, once in a north -south configuration, and once in an east -west configuration. The fertilizer material to be used shall be mixed with a coarse sand at a 50:50 ratio, and shall consist of a granulated, slow - release, organic formulation including a chelated iron and sulfur component in addition to a conventional, turf N:P:K ratio. Following the application of the fertilizer /sand mixture, the field is to be dragged to reincorporate the mixture and partially break up the cores. Cores which end up on non -turf areas are to be collected and disposed of appropriately. Should an additional aeration be deemed necessary by the City during the peak growing season, this may be added to a monthly work order at the agreed -upon unit price value. Prior to aeration work on an irrigated field, the location of all sprinkler heads must be identified by the use of a wire flag, and every effort shall be made to avoid hitting sprinkler heads and valve boxes. The repair of such damage shall be the Contractor's responsibility. 4.03 TURF BROADLEAF AND PEST CONTROL All turf grass areas shall be evaluated and treated for broadleaf weed control two (2) times a year and with a method and /or product as recommended by a State of California Department of Pesticide Regulation and Agricultural Pest Control Advisor to ensure maximum control. Contractor should plan on a minimum of one (1) early spring season treatment with a pre - emergent, broadleaf herbicide in most turf areas, periodic spot- treatments at intervals during the growing season. White grubs at various locations may require summer treatments with an insecticide on a spot - treatment basis. Such treatments will be scheduled through monthly work orders at the unit price values previously agreed upon. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 4 -2 Landscape Maintenance Specifications Appropriate notification, posting and any other personal safety considerations are to be provided for by the contractor prior to doing any pest control work. The appropriate time of day for treatment should be chosen to avoid contact with citizens, particularly children, and particularly should they be adjacent to treatment areas on school grounds or play areas. 4.04 SHRUB AND HEDGE PRUNING The overall goal of shrub pruning is to maintain mature shrubs at both a manageable and natural size and shape, which should vary with the growth habit of each shrub species. The pruning of all City shrubs to the same size and shape will not be acceptable. In older, established shrub beds, pruning operations will necessitate the use of ladders, pole - pruners and chainsaws for thinning purposes. Juniper shrubs on center islands and along roadways are to be pruned back inside the curb line, and their height is to be maintained so as not to obstruct vehicular line of sight, particularly at intersections with side streets. This will necessitate periodic thinnings and height reductions. A minimum of two (2) seasonal prunings will normally be scheduled during the year. Shrub and hedge trimmings are to be properly collected and disposed of Leaving them in place is not acceptable. Chipping them and blowing the chips appropriately on site is encouraged. This may necessitate minimal spreading, but greatly reduces the handling of such debris. As a failsafe, debris which for some reason cannot be chipped can be transported to the City's Corporation Yard where it must be placed in the dumpster designated for organic debris, with prior approval from the City. Where shrubs are situated along solid sound walls, an access path between the wall and shrubs is to be maintained. Total shrub height is to be maintained below the height of adjacent fences and sound walls. Trimmings which end up on non -shrub bed areas are to be collected or blown from such surfaces and properly disposed of. At intersections and median islands, whenever possible, shrubs, hedges or other vegetation shall be trimmed to maintain a clear vision triangle in order to allow unobstructed visibility of approaching vehicular, bicycle and pedestrian traffic at such intersections and median islands. Shrubs, hedges, and other vegetation shall not exceed a height of three feet within a clear vision triangle. Clear vision triangles shall be delineated as follows: • Uncontrolled intersections: A triangular area bounded by the curb lines (tangents) and a diagonal line joining points on the tangents which are located thirty -five foot back from what would be the point of these curb lines' intersection. • Controlled intersections: A triangle having twenty -five foot tangents at the curblines. • Driveways: A triangle having twenty -five foot tangents at the outside line of the driveway and the curbline. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Landscape Maintenance Specifications 4 -3 One (1) early spring fertilization shall be applied to shrub beds in the manner prescribed in Section 4.05 Xeriscape and Groundcover Pruning and Fertilization. 4.05 XERISCAPE AND GROUNDCOVER PRUNING AND FERTILIZATION Ground cover beds and xeriscaping will be cared for in much the same manner as large shrub landscapes. Such beds will required periodic thinning and shaping to maintain their low- growing form, particularly where ivy, vinca or prostrate cotoneaster have been used. A minimum of one (1) late winter fertilization will be scheduled to promote health and vigor. A slow- release, granular, balanced fertilizer which also contains a chelated iron and sulfur component is to be used. 4.06 FLOWER BED MAINTENANCE AND RENOVATION The purpose of this landscape care is to maintain fresh, healthy - looking color accent bedding plants, particularly at entry points to City parks and building facilities like City Hall. The longevity of such bedding plants can be short where herbaceous color plants are used, so periodic replacement will be required. Such care will be periodic and called for on an as- needed basis. An early spring fertilization, as enumerated under Section 4.05, Groundcover Pruning and Fertilization, will be called for at the agreed -upon unit price value. Annuals in color beds will be planted 8- inches on center utilizing 4 -inch plants. 4.07 DEBRIS CLEAN -UP Contractor shall remove all debris resulting from the maintenance operations and dispose of it offsite and legally, at the time of occurrence. The Contractor shall provide a general clean -up operation throughout the contracted area on a monthly basis for the purpose of picking up papers, trash, broken tree branches, or other debris which may accumulate in the landscape areas, caused by winds, vandalism or normal conditions. 4.08 GENERAL PESTICIDE APPLICATION FOR WEED AND INSECT PEST SUPPRESSION The Contractor shall be responsible for the control and elimination of weeds, insects, rodents, and diseases negatively affecting plant material or causing an unsafe physical environment. The Contractor shall possess all permits and licenses required by the State of California, Department of Pesticide Regulation, prior to the application of any pesticide. Copies of all state licenses and permits to apply pesticides shall be provided to the City prior to beginning any pest control operations. These shall include, but not be limited to, state licensed certified applicator, licensed state Agricultural Pest Control Advisor written recommendation(s), County monthly use reports, and state Agricultural Pest Control Business License /Maintenance Gardener. Any pesticide used shall be listed on the State of California, City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 4 -4 Landscape Maintenance Specifications Department of Pesticide Regulation approved list. The Contractor shall notify the City's designated representative three (3) days prior to application of pesticides. All applications of pesticides shall be made under the direct control of a licensed pesticide operator /applicator. Upon completion of the application, the Contractor shall submit to the City a copy of all monthly pesticide use reports. All applicators are to be properly equipped and trained to assure maximum personal as well as citizen safety, and all guidelines set down on each pesticide label are to be followed explicitly to assure this safety. Noxious weed abatement will be the primary focus provided under this specification. This entails maintaining all contract locations in as near a weed -free condition as is practical. Experience has shown that this is never accomplished by a single treatment; rather, the volley of early- spring grasses followed by annual and perennial weeds requires periodic pesticidal treatments and eventual mechanical weed abatement for those tall weeds that were missed. 4.09 IRRIGATION SYSTEM MAINTENANCE, REPAIR AND PARTS The Contractor shall be responsible for timing, adjustment, maintenance, and repair of all irrigation systems, which shall consist of the irrigation water distribution system within the landscape contract areas — not including the backflow prevention assembly — and including irrigation main line and laterals, control valves, filters, piping, sprinkler heads, quick couplers, drip irrigation and other components that combine to make up the complete system. The City will maintain the water supply lines up to, and including, the irrigation backflow prevention assembly. The regulation of flow and pressure of irrigation water to the landscape contract area is the responsibility of the City. Routine repairs Routine system repairs are the responsibility of the Contractor. Routine repairs shall be defined as repair or replacement, such as broken risers, swing joints, and nozzles, which can be repaired easily without the need of a specialist. Parts and materials will be supplied by the City unless otherwise requested. Valve replacements as a result of normal wear - and -tear are considered routine and are compensated at the Unit Price given for routine repairs. Irrigation main line repairs that are considered non - emergency by the City and are part of the upkeep of the system are compensated at the Unit Price given for routine repairs. Lateral line repairs are also considered routine. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing and other operational conditions. Such inspection shall be made at least once per month, excluding the months of November through February. The Contractor is required to adjust the height of sprinkler heads in turf and groundcover areas to ensure proper coverage. Excavating around sprinkler heads in order to assure proper coverage City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Landscape Maintenance Specifications 4 -5 from sprinklers is the recommended method; string trimming is prohibited. Sprinkler heads damaged by the Contractor will be replaced at the Contractor's expense. The Contractor shall be responsible for cleaning and adjusting sprinkler heads to the manufacturer's recommended operating pressures. Contractor will also adjust or clean as necessary quick couplers and valves to continue operation at maximum efficiency and performance. The valves should be adjusted as to prevent sprinkler heads from fogging, allowing larger droplets for effective watering. Upgrades Periodic upgrades, for example, multiple sprinkler head replacement for large landscape areas (e.g. greater than 2 contiguous acres), will be scheduled as a service request by the City (See Sec. 3.07 Service Request), and will be compensated per the Unit Price as reflected in the Bidder's Proposal. The City reserves the right to purchase materials directly and make available to the Contractor. New installations New installations or major retrofits (e.g. redesign and reinstallation of irrigation system in a park) will also be scheduled as a service request by the City (Sec. 3.07 Service Request), and will be compensated per the Unit Price as reflected in the Bidder's Proposal. The City reserves the right to purchase materials directly and make available to the Contractor. Non - Routine Repairs Repairs to the system caused by conditions under which the Contractor does not have direct control shall be performed by the Contractor if directed by the City as a service request and will be compensated on a time - and - materials basis. Repairs under this category will include: a. Theft (missing heads) b. Storm Damage (Acts of God) c. Damage by Others Repairs to main line breaks that are considered emergencies by the City will be compensated on a time - and - materials basis. The City will be responsible for repair and replacement of controllers. All categories of work on irrigation systems performed by the Contractor will be guaranteed for a period of one year. Contractor shall implement repairs in accordance with all effective warranties on materials and equipment, and no separate payment shall be made for repairs on equipment covered by warranty. Emergency response Contractor must be available on an emergency basis to respond in the event of a major irrigation line break, particularly during off - hours, weekends and holidays. Contact numbers must be made available to the City so that repair arrangements can be made. In situations involving emergency work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours of notification by the City. Sufficient labor City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 4 -6 Landscape Maintenance Specifications must be allocated with assurance to the City so that serious irrigation system repairs will be made in a timely manner. Contractor's vehicle shall also carry sufficient equipment to safely control traffic. Repairs on major irrigation problems, such as main line breaks, must be completed within twenty -four (24) hours of notification. Minor repairs shall be completed within four (4) hours of notification. 4.10 IRRIGATION SCHEDULE Watering shall be accomplished at tunes to ensure the health of all plants, and to minimize inconvenience to people using the area. The Contractor shall establish and program the watering schedule for all sites and operate manual irrigation systems as needed. Changes in time, in conjunction with daylight savings time, will require that the Contractor make any necessary time changes to controllers to guarantee complete operation. The irrigation system schedules shall be monitored and adjusted to maintain an efficient use of the water being applied with consideration given to type of plant material, soil conditions, and weather. Contractor shall be responsible for meeting the water budget established for each park where meters are installed. Contractor shall make every reasonable effort to conserve water while still maintaining healthy plant material. Particular attention shall be given to avoid exceeding the soil absorption rate. Where more water is required than can be applied at one time, Contractor shall set the automatic timer for repeat cycles at short intervals to satisfy the water demand. In no case shall the holding capacity of the soil be exceeded to allow run -off of water to go to waste. All irrigation controllers shall be turned off during periods of rain by the Contractor, and turned on and reprogrammed at the completion of each rainy period. However, at no time is the Contractor permitted to turn off a time clock or in any other way render the irrigation inoperable to any landscaping unless prior approval has been given to do so by the City's designated representative. Automatic irrigation shall normally take place at night or early morning hours. The Contractor will be responsible for damages occurring due to under - watering or over - watering. Irrigation schedules shall be provided to the City's representative and approved by the City.. The Contractor shall check the effect of the watering program. At least monthly, this review shall consist of probing in at least one (1) area covered by each sectional valve and ascertaining the anticipated water requirements and adjusting the system or watering schedule accordingly. The Contractor's irrigation technician shall sign and date a controller log indicating that a system test was performed. This log shall note any problems and their correction date. The log shall be kept in the controller box, and a copy furnished to the City's designated representative monthly. 4.11 HARDSCAPE MAINTENANCE Contractor shall be responsible for controlling weeds in hardscape areas including, but not limited to: parking lots, driveways, paths, stairs, ramps, curb and gutter areas, sidewalks and asphalt areas up to the fog line, or contiguous to the City landscape, by mechanical or chemical means. All expansive joints and cracks are to be maintained free of weeds. Dirt, litter, and other debris must be City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Landscape Maintenance Specifications 4 -7 removed. Safety hazards such as tripping and holes shall be reported immediately to the City's designated representative. Debris shall not be swept or blown onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site and disposed of 4.12 BIKE PATH MAINTENANCE The geometrical configuration of all bike paths within the City is fairly standard. Bike paths are generally 8' in width of paved surface, which can accommodate a maintenance vehicle (including a chipper truck), with 2'6f additional clearance on each side of the paved surface. Maintenance involves pruning, thinning and /or removal of all vegetation encroaching on the pathway, including from above and from either side. In addition, the 2'area on each side of the path at ground level shall be kept free of weeds. The vertical clearance over the path must be maintained to a minimum of 10'. The most desirable form of brush debris removal is chipping, as the chips can be blown back on the site and spread next to the path to aid in weed abatement. 4.13 PARKWAYS, ISLANDS, SOUND WALLS AND WALKWAYS Maintenance shall include all horticultural, irrigation services and the hard - surface areas (asphalt concrete, stamped concrete, pavers) free from weeds, debris, sand, etc., in a clean manner. Shrubs are to be pruned to maintain overall size and natural attractiveness. As shrubs mature, thinning or actual removal to achieve proper spacing may be called for. Periodic weed abatement will be required to keep these areas as weed -free as is practicable, and this may necessitate the use of mechanical removal as well as herbicides. Where vegetation is adjacent to a sound wall, such as along parkways and walkways, their height is to be maintained below that of the wall, and a narrow pathway is to be maintained adjacent to the wall to facilitate maintenance and to keep vines from climbing over walls. Vegetative prunings shall be properly disposed of at the time of pruning operations, ideally by chipping them on -site and spreading the chips to achieve weed - abatement. Otherwise, this materials is to be hauled to the Corp yard and placed inside the organic waste bins provided. Where center islands contain trees with an understory of junipers, the small limb debris that builds up in the junipers is to be collected and either chipped or hauled. For the islands on Rohnert Park Expressway, timely weed abatement is a priority item, as well as the hedging of redwood regrowth sprouts at the bases of the trees. Trash encountered during the above operations is to be collected in plastic bags and disposed of 4.14 TREE MAINTENANCE AND TREE WELLS Contractor shall keep tree wells and tree landscaping weed -free. The Contractor shall remove and dispose of any sucker growth located around the base of the tree. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 4-8 Landscape Maintenance Specifications 4.15 GREEN WASTE RECYCLING Wherever possible, contractor shall recycle on -site, chipped or shredded green waste, wood chips, and prunings from landscape maintenance operations. The Contractor shall have adequate equipment for recycling of leaf litter, such as a leaf vacuum /shredder, to return leaf mulching to landscape beds where appropriate. Only tree and shrub beds that will not allow leaf litter or mulch to wash out into storm drains should be chosen for leaf mulching. 4.16 SITE SPECIFICATIONS: PARKS All Standard Specifications apply unless otherwise excluded. The following general notes apply to all of the below listed major parks: a. Remove litter from turf area before mowing. b. Mow turf once (lx) per week during the months of April through October, weather - permitting. For the remaining months of November through March, mow turf twice (2x) per month, weather - permitting. C. Edge turf area twice per month, minimum. d. Clear hardscape, including play court surfaces, of excessive organic debris each week at the time of mowing. Additional specifications apply as listed for the parks below: ALICIA PARK (300 Arlen Drive) a. Include interior of pool enclosures. b. Replace annuals around entrance sign four (4) times per year. 2. BENICIA PARK (7450 Santa Barbara Drive) a. Include interior of pool enclosures. COLEGIO VISTA PARK 4. CATERPILLAR PARK (7430 Circle Drive) 5. LADYBUG PARK (8517 Liman Way) a. Include interior of pool area enclosures. 6. MAGNOLIA PARK (1401 Middlebrook Way) a. Include interior of pool area enclosures. 7. RAINBOW PARK (1345 Rosana Way) 4.17 SITE SPECIFICATIONS: MINI -PARKS City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Landscape Maintenance Specifications 4 -9 All Standard Specifications apply unless otherwise excluded. The following general specifications apply to all of the following listed mini - parks: a. Mow turf areas once per week, weather permitting. b. Edge turf areas twice per month, minimum. d. Litter removal in turf areas.. Additional specifications apply as listed for the parks below: 1. CARLITA CIRCLE MINI -PARK (between 791 and 761 Carlita Circle) 2. CIELO CIRCLE MINI -PARK (Cielo Circle across from Carillon Court) 3. LACROSSE MINI -PARK (between 567 and 569 La Crosse Court North) 4. LILAC WAY TOTS PARK (between 824 and 828 Lilac Way) 4.18 SITE SPECIFICATIONS: CITY BUILDINGS All Standard Specifications apply unless otherwise excluded. The following general specifications apply to all of the following listed City buildings: a. Remove litter as needed b. Mow turf areas once per week, weather permitting. b. Edge turf areas twice per month, minimum. C. Clean walks and entrances of buildings once per week. 1. BURTON AVENUE RECREATION CENTER (7421 Burton Avenue) a. Remove litter from groundcover (ivy). 2. CITY HALL (6750 Commerce Blvd.) a. Replace annuals around building sign four (4) times per year. City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South 4 -10 Landscape Maintenance Specifications 4.19 SITE SPECIFICATIONS: ISLANDS / MEDIANS / PARKWAYS All Standard Specifications apply unless otherwise excluded. The following specifications apply to all of the following listed islands and parkways: a. Mow turf areas once per week, weather permitting. b. Edge turf areas twice per month, minimum. C. Litter and debris removal as needed d. Hardscape maintenance 1. BODWAY PARKWAY a. Turf only 2. CAMINO COLEGIO a. Mow strip only. 3. COMMERCE BOULEVARD a. Turf only. No edging. 4. EAST COTATI AVENUE 5. SEED FARM DRIVE a. Turf only 6. SNYDER LANE a. Turf only 7. SOUTHWEST BOULEVARD City of Rohnert Park — Landscape Maintenance Services — Rohnert Park South Landscape Maintenance Specifications 4 -11 Exhibit A: Landscape Maintenance Services Area Rohnert Park South MAP INDEX; ' II II II II ! l I 1 II IC 11 II ! I I I II _ II JL_ = JL T JL _ �r �r- if 11 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4u' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email to review for "approvals as to form" DUE no later than NOON Three (3) Mondays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday mornings One (1) week prior to Council meeting dates Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoons One (1) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. 2008-28 Council: X Department: Miscellaneous Submitted By: Eydie Tacata, Management Analyst Communications February 11, 2008 Agenda Title: Agenda: 2126108 X 2120108 -TG Copy to: Inspection and Repair CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: Public Works Submitted By: Eydie Tacata, Management Analyst Submittal Date: February 11, 2008 Agenda Title: Authorizing and Approving Agreement with RMC Water & Environment to Develop and Implement an Outreach and Financial Assistance Program for Sewer Lateral Inspection and Repair Requested Council Action: Consider Staff Report and Ordinance Surnmary: 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 sewer lateral inspection, repair and replacement; 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. RMC has prepared the attached Scope of Services (Exhibit A of the Agreement for Services) for developing and implementing the sewer lateral program. RMC will develop a program to assist property owners who trigger the inspection and testing requirements of the ordinance, and whose laterals are found to require repair or replacement. This financial assistance program will be coordinated with the financial plan and recommendations in the City's Sewer System Management Plan (SSMP). (The SSMP is being developed at this time by RMC under a separate contract.) The program will include working with the North Bay Realtors Association to provide information to their real estate clients on responsibility for the sewer laterals, the new inspection and repair ordinance, and the financial assistance program to be offered by the City. As RMC is qualified to develop and implement this program and is already working on the City's SSMP, staff recommends approving the agreement for services with RMC for $65,485. Enclosures: 1. Agreement for Services with RMC Water & Environment to Design and Implement Sewer Lateral Outreach, Certification, and Property Owner assistance program 2. Resolution CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: ()4 Consent Item ( ) Regular Time Approval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( } Policy Determination by Council ( ) City Comments: City Manager's Signature: Date: — -- - -- -- — (Rev sed 6 8(6) JH- S:OS -b RESOLUTION 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 26`" of February, 2008. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor AGREEMENT FOR SERVICES This Agreement is made and entered into on this 26th 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: 843801A 80078/0012 i 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 party 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 843801A 80078/0012 2 7H- 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 Iimitations 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 843801A 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 parry, 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 843801A 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 843801A 80078/0012 5 JH- S:05 -g (updated 06/18/07) such party 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 843801 v4 80078/0012 6 JH- S:05 -g (updated 06/18/07) EXHIBIT "A" SCOPE OF WORK 1:�►i 17 SCHEDULE OF PERFORMANCE 843801v4 80078/0012 JH- S:05 -g (updated 06/18/07) Scope of Services 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 ;u. 4 Cn, ��f�r �rrcfE�rti�irarrr?tersf 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. 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 circuiiistances: 1. Application for a new connection to the sewer collection system; or, I1. Application for a change of use, from residential to commercial, and from non - restaurant commercial to restaurant commercial; or, 111. Application for a change of use from any land use to common interest development; or, 1V. 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 1 City of Rohnert Park Sewer Lateral Program Scope 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, 111. 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 Iateral 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 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 I 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 — Proiect 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 project. 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 of Services Task 1 — Research Other PrqgTa�Ts, March 2008 Task 2 — Development of Outreach and Financing Assistance Pro March — April 2008 Task 3 — Implementation of Outreach Program May — June 2008 Task 4 — Project Management and QA/QC March — July 2008 am= 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 5 • 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 843801A 80078/0012 9 JH- S:05 -g (updated 06/18/07) EXHIBIT C INSURANCE REQUIREMENTS 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 VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree 843801A 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. 843801A 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 843801A 80078/0012 14 JH- S:05 -g (updated 06/18/07) CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT RESO. NO. 2008-29 Meeting Date: February 26, 2008 Council: FM Miscellaneous Communications Department: Community Development Agenda: zl p Submitted By: Ron Bendorff, Director of Community Development Copy to: Submittal Date: February 19, 2008 Agenda Title: City Council Approval of Amendment Number Three to the Agreement for Services for the EIR for the Northeast Area Specific Plan Requested Council Action: Adoption of the Attached City Council Resolution Summary: The City entered into a contract with ESA to prepare the required Environmental Impact Report (EIR) for the Northeast Area Specific Plan in October, 2003. In the interim, the Specific Plan has been revised by the applicant and the EIR will have to be amended accordingly before a Draft EIR can be released for public review. The additional work required is as outlined in the attached Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the revised Northeast Area Specific Plan dated February 8, 2008 ( "Contract Augmentation "). All work will be funded by the project proponent, with the City maintaining control over the work product. Attached please find the City Council Resolution approving Amendment Number Three to the Agreement for Services with ESA for the preparation of the Northeast Specific Plan Area EIR, as well as a copy of the "Contract Augmentation" proposal for your reference. Please contact me if you require any further information or have questions regarding the attached materials. Enclosures: Resolution Amendment Number Three Exhibit "A" - "Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the revised Northeast Area Specific Plan" CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: Consent Item ( ) Regular Time Approval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination b Coun '1 O City Comments: City Manager's Signature: Date: RESOLUTION NO. 2008-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AMENDMENT NUMBER THREE TO THE AGREEMENT FOR SERVICES WITH ESA REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE NORTHEAST AREA SPECIFIC PLAN WHEREAS, on October 16, 2003, the City entered into an agreement with ESA to prepare an Environmental Impact Report (EIR) for the Northeast Area Specific Plan; WHEREAS, the Specific Plan has been revised by the applicant and the EIR will have to be amended accordingly before a Draft EIR can be released for public review; WHEREAS, the City has received and reviewed the "Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the revised Northeast Area Specific Plan" dated February 8, 2008 ( "Contract Augmentation ") from ESA to perform the additional environmental work required; WHEREAS, the cost of preparing the additional environmental work per the proposal shall be the ultimate responsibility of the Northeast Area Specific Plan proponents; WHEREAS, Staff has prepared Amendment Number Three to the Agreement for Services between the City of Rohnert Park and ESA regarding the preparation of the work outlined in the Contract Augmentation proposal; and WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered the information contained in the Staff Report and all relevant materials regarding Amendment Number Three to the Agreement of Services between the City of Rohnert Park and ESA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that Amendment Number Three with ESA for an amount not to exceed $84,972.00 is approved and the City Manager is authorized to execute said Amendment. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on this 26th day of February, 2008. CITY OF ROHNERT PARK Mayor ATTEST: Deputy City Clerk AMENDMENT NUMBER THREE TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF ROHNERT PARK AND ESA REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE NORTHEAST AREA SPECIFIC PLAN The original agreement between the City of Rohnert Park ( "City ") and ESA ( "Consultant ") is hereby amended. WHEREAS, the City entered into an agreement with Consultant, dated October 16, 2003 for the preparation of the Environmental Impact Report (EIR) for the Northeast Area Specific Plan; and WHEREAS, the City has requested additional professional services from the Consultant, as outlined in the attached "Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the revised Northeast Area Specific Plan" dated February 8, 2008; and NOW, THEREFORE, City and Consultant agree as follows: Section 1. SCOPE OF WORK, is amended as follows: Consultant shall perform those services described as Tasks in the Scope of Work and Schedule of Performance with the addition of those tasks outlined in the "Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the revised Northeast Area Specific Plan" dated February 8, 2008 attached as Exhibit "A" within the time frames stated therein. Section 3. COMPENSATION, is amended as follows: 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 to the respective approved proposal, with the total sum not to exceed $315,858.50 (current contract amount of $230,886.50 is increased by $84,972.00 for the additional work tasks described in attached Exhibit "A" dated February 8, 2008.) Progress payments will be tied to completion of tasks so all payments are proportional to the work completed. All other sections of the Agreement shall remain as currently written. IN WITNESS THEREOF, the City and the Consultant have caused their authorized representative to execute this Amendment Three on the dates indicated below. CITY OF ROHNERT PARK ESA By: By: Steve Donley, City Manager Karl Heisler, Acting Community Development Co- Manager Date: Date: E225 Bush Street www.esassoc.com > \l Suite 1700 San Francisco, CA 94104 415.896.5900 phone 415.896.0332 fax February 8, 2008 Ron Bendorff City of Rohnert Park Planning Department 6750 Commerce Boulevard Rohnert Park, CA 94928 -2486 Subject: Scope /Costs /Scheduled for Additional Requested Work to be Conducted for the EIR for the revised Northeast Area Specific Plan Dear Mr. Bendorff: The following provides a description the additional work scope, as well as cost estimate and schedule, to complete the EIR for the proposed revised Northeast Area Specific Plan. This proposed amendment was developed based on ESA's review of the revised Northeast Area Specific Plan (November 2007), the current regulatory and physical setting, discussions with City staff regarding assumptions regarding required new data and cumulative issues, and using current ESA and W -Trans billing rates. Proposed Work Scope Update Administrative Draft EIR Up to eight (8) copies of the Administrative Draft EIR will be submitted to City staff for review. The following discussion presents considerations related to the updating of individual EIR sections for the revised Northeast Area Specific Plan. EIR Project Description The applicant submitted a copy of the revised Northeast Area Specific Plan for consideration in the EIR. Upon review of the revised plan, there are a number of minor modifications to the specific plan's land use plan, internal circulation system, phasing, and revised figures and miscellaneous text changes. The EIR project description will be revised to include any new aspect of the revised specific plan, both in text, tables and figures. Transportation and Circulation (W- Trans) • The study area will include the intersections currently included in the ADEIR, and will add three additional intersections near the Rohnert Park Expressway freeway interchange. Following is a complete list of the intersections that will be included in the update. 1. Petaluma Hill Road/Snyder Lane 2. Snyder Lane/Keiser Avenue 3. Petaluma Hill Road/Keiser Avenue 4. Redwood Drive /Commerce Boulevard 5. Wilfred Avenue/Redwood Drive EXHIBIT A Ron Bendorff February 8, 2008 Page 2 6. Wilfred Avenue/U.S. 101 South Ramps (future intersection) 7. Golf Course Drive /Commerce Boulevard 8. Commerce Boulevard/U.S. 101 North Ramps 9. Snyder Lane /Golf Course Drive 10. Rohnert Park Expressway /Snyder Lane 11. Rohnert Park Expressway /Commerce Boulevard 12. Rohnert Park Expressway/U.S. 101 North Ramps 13. Rohnert Park Expressway/U.S. 101 South Ramps 14. Rohnert Park Expressway/Petaluma Hill Road 15. Adobe Road/Petaluma Hill Road (County of Sonoma/Penngrove) 16. Main Street /Old Redwood Highway (County of Sonoma/Penngrove) 17. East Cotati Avenue /Old Redwood Highway (City of Cotati) The roadway segment of Snyder Lane between Golf Course Drive and Keiser Avenue will also be added for evaluation. • Many of the traffic counts used in the prior traffic analysis were collected in 2003. Because these counts would be five years old by the time the DEIR is published, they are inappropriate for use (standard traffic engineering approach is three years or less) and would be replaced by new data. New traffic counts will therefore need to be collected at 11 of the study intersections. • The Transportation setting section will be updated to reflect the newly - collected traffic volume data. The most recently- available volume data for U.S. 101 will also be obtained from Caltrans. The resulting calculations will be updated in the report tables, figures, and appendices. • Any changes to the specific plan's land use quantities and /or roadway configurations will be reviewed, and the resulting trip generation projections updated. The trip assignment model used in the original analysis may also be. updated depending on the extent of changes to the plan that have occurred. • It is our understanding the traffic analysis being conducted for the Sonoma Mountain Village EIR is using a year 2020 future horizon year. We also understand from the Sonoma County Transportation Authority that, while a new model is being developed, the most current countywide traffic model is still the 2020 model. The updated EIR traffic analysis for the Northeast Area Specific Plan will therefore continue to use the 2020 buildout year. Because the development of 2020 model projections relies on determining incremental growth over existing conditions, the projections will need to be updated to reflect all newly- collected traffic volume data. The list of known cumulative development projects that are not accounted for in the 2020 traffic model has also been updated. The future traffic projections will be updated to include the "worst- case" project alternative from the Graton Rancheria Casino project's EIS, Sonoma Mountain Village (it is assumed that the SMV DEIR will be available), and the Stadium Area Specific Plan. The University District Specific Plan, ESA Ron Bendorff February 8, 2008 Page 3 Canon Manor, and Southeast Specific Plan areas are already included in the current version of the Northeast Area Specific Plan projections. • The traffic calculations presented in the current ADEIR for 2012 and 2020 Baseline Conditions will be updated to reflect the expanded study area and newly - collected data. U.S. 101 freeway volume data will be updated if necessary to reflect any recently - published Caltrans projections. Report tables, figures, and appendices will be updated to reflect all updates. • The 2012 plus Project and 2020 plus Project traffic scenarios and ADEIR sections will be updated. The resulting calculations will be updated in the report tables, figures, and appendices. • The impacts and mitigation measures provided in the Transportation and Circulation section of the EIR will be updated based on the results of the revised analysis. Air Quality • As appropriate, update the description of local and regional meteorology using the latest available ambient air monitoring data. • As appropriate update regional air quality setting to account for current California and National Air Quality Standards, and potential changes in Attainment status. • Update the emission analysis of criteria pollutants using updated traffic numbers from the updated traffic analysis. • Based on the current air quality standards and the new air quality modeling effort, reassess potential project and cumulative air quality impacts associated with criteria pollutants resulting from the project. • Update, as appropriate, feasible mitigation measures for air quality impacts identified for the project. Greenhouse Gas Emissions California Assembly Bill 32 (AB 32), the Global Warming Solutions Act of 2006, requires the California Air Resources Board (ARB) to establish a statewide greenhouse gas (GHG) emission cap for 2020 based on 1990 emission levels, and to adopt mandatory reporting rules for significant sources of GHGs. Under AB 32, the ARB would have to adopt regulations by January 1, 2011 to achieve reductions in GHGs to meet the 1990 emission cap by 2020. At the present time, however, there are no rules or regulations in place from the Air Resources Board, SCAQMD, State Clearinghouse or other resource agency applicable to the proposed project that define what is a "significant" source of GHG emissions, and there are no applicable facility - specific GHG emission limits or caps. The proposed project would emit GHG emissions from on -site uses and vehicle trips. ESA proposes the following tasks to assess the potential impact of GHG emissions of the change in land use resulting from the proposed specific plan: ' ESA Ron Bendorff February 8, 2008 Page 4 • Discuss the regional and local air quality setting as it pertains to the project and GHG's. • Summarize statewide planning efforts relative to climate change and the generation of GHG emissions, including Assembly Bill 32, Executive order 5 -01 -07 and the reporting and recommendations to date of the California EPA Climate Action Team. • Identify the recommendations of the Association of Environmental Professionals (AEP) on how to analyze GHG emissions and global climate change in CEQA documents. • Based on the results of the updated air quality modeling, quantify GHG emissions from the on -site uses and vehicles from the specific plan. • Assess this net change in GHG emissions relative to the recommendations of the AEP White Paper and the goals of AB32 for the purposes of determining impact significance relative to CEQA. • Identify practical, feasible mitigation measures from the California EPA Climate Action Team which has developed a report that outlines strategies for meeting the targets mandated by AB32 and the Governor's Executive Order 5 -3 -05. Incorporate standard mitigations provided by the City, as appropriate. Noise • Based on the updated traffic analysis, update the change in noise levels due to for project and cumulative traffic along roadways most affected by project traffic. Use the noise prediction model of the FHWA to determine whether there would be significant project or cumulative effects on noise levels along roads in the project vicinity. • As appropriate, update the impact discussion for noise from the existing environment to adversely affect sensitive land uses proposed for the project site. • Update, as appropriate, feasible mitigation measures for any noise impacts identified for the project. • No new field noise monitoring is assumed as part of this scope. Geology, Soils and Seismicity / Hazardous Materials Review new Phase 1 Environmental Assessment reports provided by the applicant, including: - Phase 1 Environmental Site Assessment, 4698 Snyder Lane, APN 045- 222 -006 (SCS Engineers, 2007) - Phase 1 Environmental Site Assessment, APNs 045- 222 -007 and -014 (SCS Engineers, 2007) - Phase 1 Environmental Site Assessment, APN 045- 222 -002 (SCS Engineers, 2007) - Phase 1 Environmental Site Assessment, 4654 and 4638 Snyder Lane, APNs 045- 222 -005 and -021 (Harris & Lee, 2006) - Phase 1 Environmental Site Assessment, 1400 Baumgardner Lane, APN 045- 222 -013, (KC Engineering Company, 2005) - Phase 1 Environmental Site Assessment, 4738 Snyder Lane, APN 045-222-011 (KC Engineering Company, 2005). ESA Ron Bendorff February 8, 2008 Page 5 • As appropriate, update the Hazardous Materials section to include relevant background information and/or recommendations identified in the Phase 1 Environmental Assessments. • Review the new soil investigation prepared for the specific plan area by Giblin Associates, Consulting Geotechnical Engineers (2007) • As appropriate, update the Geology, Soils and Seismicity section of the EIR to include relevant background information and/or recommendations from the soil report. Biological Resources • As appropriate, consult with the applicant's biological consultants (i.e., Pacific Biological Consulting and LSA Associates) regarding the status of wetland delineations, off -site mitigation bank, and other relevant background and/or biological permitting information completed in support of the project, and update the Biological Resources setting section as appropriate. • Conduct an update of the electronic database searches using current versions of the CNDDB and CNPS inventories and update the Biological Resources section appropriately. • Update the Biological Resources setting section to acknowledge any changes in the regulatory framework for biological resources that may be applicable. • Update the biological impacts analysis as appropriate in light of new project changes and/or changes in regulatory information that may be applicable. • No new biological site reconnaissance by ESA biologists is assumed. Population and Housing • As appropriate, update the Population and Housing setting section to acknowledge any new data or reference materials that may be available regarding growth and housing, including but not limited to the latest available ABAG projections. • As appropriate, update the Population and Housing impacts section to acknowledge any new project information associated with the new specific plan, including but not limited the proposed housing program. Land Use and Agricultural Resources • Review the current specific plan and update the land use and agricultural resources setting section to recognize any land use changes in the proposed specific plan, including land use plan, open space, housing program, landscaping, circulation, phasing, etc. A Ron Bendorff February 8, 2008 Page 6 • As appropriate, update the land use and agricultural resources impacts analysis, including consistency with plans and policies, and land use compatibility, potential conflicts with zoning, and conversion and/or loss of agricultural land and open space. Water Resources • ESA will update as appropriate any new information that may be available on public facility improvements for water infrastructure in the City. • ESA will consult, as necessary with the applicant's hydrology consultant (Brelje and Race) concerning any new project specific information that may be available regarding proposed stormwater collection, and/or water quality measures to be incorporated into the project, etc., and update the EIR as appropriate. Review of Water Supply Assessment For scoping purposes, it is assumed the Final Water Supply Assessment (WSA) completed for the Northeast Area Specific Plan by the City (Final Water Supply Assessment, January 2005) will still be valid for the proposed revised specific plan. As a result, no new WSA analysis is proposed as part of the revised EIR for the Northeast Area Specific Plan. Nevertheless, additional cumulative development proposed within the City since the release of that WSA (i.e., Sonoma Mountain Village) could affect conclusions reached in the 2005 WSA document regarding cumulative water demand and supply. It is ESA's understanding that PBS &J are currently preparing a WSA in support of the Sonoma Mountain Village EIR. ESA will review that PBS &J's WSA as appropriate to determine if there may be any new substantial information in that WSA that may affect relevant background information and/or conclusions in the 2005 WSA for the Northeast Area Specific Plan. Based on this review, issues arise that could require substantial changes to the 2005 WSA or the Water Resources section of the EIR, ESA would consult with the City as appropriate regarding options for moving forward, and potential additional work tasks and costs would be determined at that time. Public Services and Utilities • ESA will consult, as appropriate with public service and utility providers, including the City Department of Public Safety for police and fire protection, school providers (e.g., Cotati- Rohnert Park Unified School District), the Sonoma County Waste Management Authority, and the Subregional System regarding new relevant background information that may be available regarding their services /utilities and potential project effects. Cultural Resources • No changes are anticipated for cultural resources. Alternatives • No new alternatives are proposed to be added to the EIR, however, based on impacts determined in the analysis conducted as part of the revised ADEIR, it is assumed minor revisions to the existing Alternatives chapter may be required. ESA R-on Bendorff February 8, 2008 Page 7 Draft EIR, Final EIR, and MMRP No substantial changes in work effort are assumed for Tasks 6 through 9 from ESA's original contract with the City (October 16, 2003, as amended) for the EIR for the Northeast Area Specific Plan, specifically: Task 6: Prepare Draft EIR Task 7: Prepare Administrative Final EIR Task 8: Prepare Final EIR Task 9: Prepare Mitigation Monitoring and Reporting Program (MMRP) However, this proposed amendment reflects changes in ESA/W -Trans billing rates, specific staff anticipated to work on the project, and direct costs. See Costs, below. 14 6" Total estimated net new costs are estimated to be conducted on a time and materials basis, for an amount not to exceed $84,972.00 Management/Hearings Administrative Draft EIR (ADE1R): Draft EIR (DEIR): Administrative Final EIR (AFEIR) Final EIR (AFEIR) Mitigation Monitoring and Reporting Program (MMRP) Estimated Total Costs to Complete EIR (see attached spreadsheet): Existing Contract Amount: Estimated Remaining Funds in Existing Contract (through 2/4/08) Net New Funds Requested in Proposed Contract Amendment: Schedule and Assumptions $19,025.00 $58,596.00 $22,552.00 $19,977.00 $10,154.00 $2,668.00 $1 32,972.00 $230,886.50 $48,000.00 $84,972.00 The proposed revised project schedule is shown in Table 2, below. The overall duration of the schedule is believed to be sufficient to accomplish the proposed scope of work, depending on the timely availability of required project information from the City, and the timely review by the City of submitted work products. Other than the identified schedule for the ADEIR, all other timeframes are consistent with the original contract with the City. ,. ESA Ron Bendorff February 8, 2008 Page 8 TABLE 2 ANTICIPATED SCHEDULE FOR ENVIRONMENTAL REVIEW Schedule Task (by weeks) Notes Preparation of Administrative Wk 1 to Wk 12 Assume 12 weeks Draft EIR City Review of ADEIR Wk 13 to Wk 15 Assumes 3 -week review period Preparation of Draft EIR Wk 16 to Wk 18 Assumes review of screencheck at 2 weeks; 1 week to publish. Public Comment Period (45 days) Wk 19 to Wk 24 Assumes 45 -day review period Preparation of Administrative Wk 25 to Wk 29 Dependent on nature and volume of Final FIR and MMRP comments City Review of Administrative Wk 30 to Wk 32 Assumes 2 -week review period Final EIR and MMRP Preparation of Final EIR and Wk 33 to Wk 35 MMRP EIR Certification Wk 36 -38 The proposed amendment is based upon the following assumptions and conditions: • The project description will not change substantively from that presented to ESA at the start of work. • City staff, the project applicant and its consultants, and other public agencies will respond to information requests in a timely manner. If information is identified as relevant and available through project participants subsequent to ESA's initial data request, the project participants will provide it to the project team in a timely manner. • The Administrative Draft EIR and Administrative Final EIR Addendum will receive one round of review (plus screencheck) prior to publication. • All project - descriptive graphics for use in the EIR will be provided by the project applicant in a form that is readily adaptable for use in the EIR. • The City will be responsible for recording public comments at any public hearing held on the Draft EIR.I • The City will be responsible.for all public noticing public hearings. 1 If desired, ESA can arrange for appearance by a court reporter. An additional fee would be charged. } ESQ. r Ron Bendorff February 8, 2008 Page 9 • ESA will be responsible for mailing and distribution of the Draft EIR, and Final EIR. However, the City or the project applicant will provide mailing lists and/or labels. • Work will not be stopped or slowed by circumstances outside the consultant's control. Additional administrative, management, scheduling, and rescheduling costs caused by an external delay shall be recoverable by consultant as extra work. • Consultant team costs required to prepare the Draft EIR, Administrative Final EIR, and Final EIR shall not exceed the total aggregate cost shown for these tasks in the Cost Estimate. Any consultant team costs required for these tasks in excess of this amount shall be compensated on a time - and - materials basis as additional work. • Consultant team labor hours assignable to project meetings and hearings shall include time required to prepare for meetings, travel time to and from meetings, and any time required for follow -up activities required as a result of meetings, as well as time actually spent in meetings. Any costs for this task in excess of the amount for this task shown in the cost estimate table shall be compensated on a time - and - materials basis as additional work. Should you have any questions regarding this scope of work and costs, please feel free to contact me. If this proposal is agreeable to you, please sign and date a copy of this letter in the spaces provided, and return it to us at your earliest convenience. Sincerely, ACCEPTED: i Paul Mitchell Date: p cat r� FM U �U N Sr R3 a lea CI 61 lr O a> a 4. W lr i.+ Lr 42 w R3 ice+ h W t rA O U a� 0 0 0 v F } s � 5 J o U L z 0 [il U C c O a B a � w _E a cy u`� a w w z z a IN— — a - ~ O O U (%Sl) SI-D 1—w no uapanu VS3 o v � slso0 laaa!u 14y!O — — 0 8u!peyWBuquud � � � n ()uel!nsuwgnS agJeay) m sued, -.11 N aoye7 VS3 uo %f Jo aa3 suogea!unwmo0 < pa. O F, o 0 °v o c o o_ rn- � � ov M c o o c o 0- �aU w 4 < — � O O F S uoganpwd v I i _ angeals!mwDV I _ san!de�0 I I _ 0 v le!�ol!P3/Rmssaaoad paoh% ls!Eolo!u aJ!IPI!� v la!8o3 't-W » v v aaao!au3 aWeij •3•d uosga)." a!ae aauueld uogelaod -"j aoryaS aajso3 as!oN/,f!uenjl ary v °o zayaueS suy0 spaeiey/,SSoloipswsli o!oa0 `Pupaa!uyaS — — V3u au3 iaSeuum Yaa(old sneg8ujjaeu KAO3 aolaa.nu laa[o�d uayaJUp Ined C2 c` 0 a` Q g y di 13 o ° S C tq a. a .^ w 0 8 y A � YEi CW o ID n O O U 0 0 0 v F } s � 5 J o U L z 0 [il U C c O a B a � w _E a cy u`� a w w z z Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 °d & 4 "' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) FOR RESO. NO. 2008-30 Council: X Miscellaneous Communications Agenda: 2/26108 X 2/20/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: Recreation Submitted By: Guy Miller, Recreation Services Manager Submittal Date: February 8, 2008 Agenda Title: Establishment of Athletic Field Use Fees Requested Council Action: Adopt resolution approving proposed fee schedule. Summary: This proposal establishes a new method for charging athletic field rental fees to youth and adult athletic teams. It eliminates the previous method of charging a per - player fee which was inequitable for groups and fell well short of the actual field use costs borne the city. Classifications have been established for each group based on residency and non - profit status. Yearly and daily rental fees have been assigned to each classification to determine field use fees. The Parks & Recreation Commission held a public hearing on these fees on January 28, 2008 and recommends them for approval. See attached staff report. Enclosures: Staff Memo Resolution Proposed 2008 Proposed`Athletic Field Use Fees CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: TiConsent Item ( ) Regular Time --pproval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Cou ci ( ) City Comments: City Manager's Signature: Date: (Revised 400 INTEROFFICE MEMO From: Guy Miller, Recreation Services Manager To: Rohnert Park City Council Date: February 7, 2008 Subject: Field Use Fees Since the city's inception there has been a strong desire to support local youth sports by subsidizing them in providing maintenance services and utility costs on our ball fields. While this plan was commonplace in the pre-Prop 13 area many cities have come to the realization that they are no longer in a position to provide such subsidies to these leagues. Under our current process the leagues pay a per - player fee which helps offset the cost of operating the athletic facilities. Unfortunately, these per - player payments fall far short of the actual costs of operating and maintaining the ball fields. Additionally, not all sport leagues have a comparable number of players which creates an inequity in the percentage of actual costs paid by the various leagues. In the 2006 -2007 fiscal year the city paid nearly $20,000 just to provide lighting for the fields yet only received $7,000 in league fees. The current trend in youth sports is to expand the playing seasons so this deficit will only grow higher in the future. Additionally the cost of landscape maintenance and field preparation has also increased, adding to the costs bourn by the city. Due to these escalating costs a new fee structure is being proposed. Staff has determined that the best approach for establishing new youth sport fees is to levy an hourly rate for just the lighted fields (for the time they use the lights) and allow the youth groups to use the unlit for a small daily fee. The light fees represent the lion's share of the actual costs associated with the fields and can be directly tracked through the utility bills. The only direct cost associated with the unlit fields is field maintenance, which needs to be done whether the organized youth groups use them or not. Using a pay -by- the -hour method provides several important goals: 1. The youth groups have some control over their field use. They can be economical with the scheduling of night games and practices which will keep their costs and energy usage down. 2. Each youth sport group will pay their fare share of the actual light usage. Under the old per - player schedule there was significant inequity in the amounts each group paid based on the number of participants. 3. The groups will only reserve what they actually intend to use. They will now be held responsible for each hour reserved. This will discourage them from reserving large blocks of time and not use them, which has prevented other uses in the past. After much study staff recommends an hourly rate of $3.00 for a baseball, softball field, or half of a soccer field (shared with another user) and $5.00 for a full soccer field. The use of an un- lighted field would be $5.00 per day. Based on previous usage, these fees should come close to offsetting the actual cost to operate the lights. Staff wants to avoid having to constantly change the rates for the seasonal variations in sunset, including Daylight Savings Time. To accomplish this we recommend 7:00 p.m. each night as the beginning of the hourly light charge. This time is the approximate median time for sunset from February through October. This means that regardless of the actual time of sunset the light charges will not begin until 7:00 p.m. Any inaccuracy in the establishment of this median time standard will favor the youth groups. Based on the membership figures supplied to the Recreation Department by each group, these new fees are expected to add less than $6 per player to the league fees. Staff is proposing that these fees be implemented for a one -year trial and reevaluated as the actual costs and usage patterns are established. This proposal also establishes use fees for adult groups who wish to rent the fields. Classifications have been established for each group based on residency or whether they are non - profit or commercial. Each group classification has an increasing fee. The Parks & Recreation Commission held a Public Hearing on this proposal on January 28, 2008 and subsequently approved this fee schedule. RESOLUTION NO. 2008 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING VARIOUS CLASSIFICATIONS AND FEES FOR THE USE OF CITY - OWNED ATHLETIC FIELDS WHEREAS, the City owns and maintains many athletic fields on which youth and adult sports organizations have a desire to utilize; WHEREAS, the City incurs significant costs associated with groups using these fields, including but not limited to, maintenance costs and utility fees; and WHEREAS, the City desires to recoup these costs associated with use of the City's athletic fields from the users of the athletic fields. NOW, THEREFORE, BE IT RESOLVED by the City. Council of the City of Rohnert Park that it does hereby authorize and approve the adoption of a new classification and fee schedule for youth and adult groups utilizing City fields effective March 1, 2008. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 200 day of February, 2008. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor City of Rohnert Park Recreation Department 2005 PROPOSED ATHLETIC FIELD USE FEES Classification I - -City initiated or conducted activities. City – sponsored sport league fees are listed separately. Softball, Baseball or Soccer Fields - -No Lights ........................................................................ .............................No Charge Softball, Baseball or Soccer Fields - -With Lights .................................................................... .............................No Charge ReservationDeposit .................................................................................................................. .............................No Charge Classification II— Rohnert Park based local community/non -profit youth sports organizations. Must be 51 % Rohnert Park Residents. (Rates do not include tournaments or special events. See Classification IV for tournament fees.) Softball, Baseball, or Soccer Fields - -No Lights ...................................................................... ............................... $5.00 /day Softball, Baseball, or Half Soccer Fields with Lights .......................................................... ............................... $3.00/hour* Soccer Fields with Lights (entire field) ........................................................................................... ....................$5.00/hour* ReservationDeposit .................................................................................................................. .............................No Charge KeyDeposit ................................................................................................................................. ............................... $25.00 Classification III — Rohnert Park based local community/non -profit adult sports organizations, private residents or resident groups. Must be 51% Rohnert Park Residents. (Rates do not include tournaments or special events. See Classification IV for tournament fees.) Softball, Baseball, or Soccer Fields - -No Lights ................................................................... ............................... $10.00/hour Softball, Baseball, or Soccer Field - -With Lights ........................................ ............................... .........................$15.00 /hour Daily Fee $150.00 with lights Daily Fee $75.00 without lights Cancellation Fee 32 or More Days Prior to Event ................................................................................. .............................No Charge 7 to 31 Days Prior ............................................................................. ............................50% of applicable usage fees Less than 7 days prior ......................................... ............................... ...........................100% of applicable usage fees Reservation Deposit .............................................................................................. ............................... 50% of applicable fee KeyDeposit ................................................................................................................................. ............................... $25.00 Classification IV— Non - residents and non - affiliated teams; sports camps, travel or club teams, and other community sports organizations that to not qualify under Classifications II or III; non - profit tournaments and special athletic events. Softball, Baseball, or Soccer Fields - -No Lights .................................................................. ............................... $15.001hour Softball, Baseball, or Soccer Fields - -With Lights ........................................... ............................... ....................$25.00 /hour Daily Fee $200.00 with lights Daily Fee $100 without lights Cancellation Fee 32 or More Days Prior to Event ................................................................................. .............................No Charge 7 to 31 Days Prior ............................................................................. ............................50% of applicable usage fees Less than 7 days prior ......................................... ............................... ...........................100% of applicable usage fees Reservation Deposit .............................................................................................. ............................... 50% of applicable fee KeyDeposit ........................................................................................................... ............................... ............... $25.00 2008 Field Fee Proposal.doc Classification V-- Commercial businesses, for - profit organizations, leagues, for -profit tournaments and special events. Softball, Baseball, or Soccer Fields - -No Lights ............................................................................. ....................$20:00/hour Softball, Baseball, or Soccer Fields - -With Lights .......................................... ............................... ...................$30.00 /hour* Daily Fee $250.00 Cancellation Fee 32 or More Days Prior to Event ................................................................................. .............................No Charge 7 to 31 Days Prior ............................................................................. ............................50% of applicable usage fees Less than 7 days prior ......................................... ............................... ...........................100% of applicable usage fees ReservationDeposit .............................................................................................. ............................... 50% of applicable fee Key Deposit ..................................................... ............................... .......... $25.00 ................................... ............................... *Light Fee Schedule: Lights fees will be charged for all fields after TOOpm. Insurance Requirements: All groups of greater than 24 participants or organized leagues must provide the City with a certificate of General Liability Insurance in the amount of $1,000,000 and name the City of Rohnert Park as an additional insured. 2008 Field Fee Proposal.doc RESO. NO. 2008 -31 Council: X Miscellaneous Communications Agenda: 2126108 X 2/20/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: City Attorney Submitted By: Michelle Marchetta Kenyon, City Attorney Submittal Date: February 20, 2008 Agenda Title: Settlement Agreement and Release between O.W.L. Foundation and City of Rohnert Park relating to O. W.L. Foundation v. City of Rohnert Park, et al., Case No. SCV 241090 Requested Council Action: Authorize City Manager to enter into a Settlement Agreement and Release between O.W.L. Foundation and City of Rohnert Park. Summary: The City Attorney's office has negotiated a Settlement Agreement and Release between the City and O.W.L. Foundation wherein O.W.L. agrees to dismiss the above - referenced lawsuit and release the City of any liability for claims relating to the timing of the City's adoption of its Urban Water Management Plan ( "UWMP ") and claims relating to the validity of the City's 2005 UWMP, all in exchange for the payment of $4,250 and the City's release of O.W.L. as to same. Enclosures: Resolution Settlement Agreement and Release CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: (X) Consent Item ( ) Regular Time (X) Approval O Public Hearing Required ( ) Not Recommended ( Submitted with Comment ( ) Policy Determination b Co n ( ) City Comments: City Manager's Signature: Date: dlo f JH- S:05 -b RESOLUTION NO. 2008-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT AND RELEASE BETWEEN O.W.L. FOUNDATION AND CITY OF ROHNERT PARK RELATING TO O. W.L. FOUNDATION V. CITY OF ROHNERT PARK (Sonoma County Superior Court No. SCV- 241090) WHEREAS, the City Council wishes to enter into a settlement agreement and release with the O.W.L. Foundation regarding Sonoma County Superior Court Case No. SCV- 241090, O. W. L. Foundation v. City of Rohnert Park, et al. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Council authorizes and approves the attached Settlement Agreement and Release. BE IT FURHTER RESOLVED that the Mayor is authorized and directed to execute same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 26th day of February, 2008. CITY OF ROHNERT PARK Mayor ATTEST: Deputy City Clerk SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ( "Agreement ") is made this th day of February, 2008 ( "Effective Date "), by and between the City of Rohnert Park ( "City ") and the O.W.L. Foundation ( "O.W.L. "). RECITALS A. On July 2, 2007, O.W.L. filed a Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief against the City (D. W.L. Foundation v. City of Rohnert Park, et al., Case No. SCV 241090), seeking to compel the City to prepare and adopt a valid 2005 Urban Water Management Plan ( "UWMP "), which was due on December 31, 2005, as well as attorneys' fees and costs of suit (the "UWMP Action "). B. On August 28, 2007, the City adopted a 2005 UWMP (by Resolution No. 2007- 143). Although the City had worked to prepare the UWMP since it assumed responsibility from the Sonoma County Water Agency in late 2006, O.W.L. contends its lawsuit prompted the City to expedite its adoption of the UWMP. C. Following the City's adoption of its 2005 UWMP, the City contended that O.W.L.'s lawsuit was moot. O.W.L. contended otherwise, and sought adoption of a valid 2005 UWMP as well as costs and attorney's fees. D. The City contends that its 2005 UWMP is valid and adequate, that the statute of limitations on any challenges to the 2005 UWMP has run, and that it has no legal obligation to pay any costs or attorneys' fees. O.W.L. contends otherwise. E. The parties to this Agreement recognize that there is significant time, expense and risk involved in resolving the UWMP Action between the City and O.W.L. through litigation. The parties acknowledge that the money paid and other valuable consideration for settlement is solely for the purpose of preventing further involvement in litigation, thereby fully and finally resolving all challenges to the adoption and validity of the City's 2005 UWMP and ending the UWMP Action. AGREEMENT NOW THEREFORE, in consideration of the above recitals, which are an essential part of the Agreement, and for other good and valuable consideration, the receipt and adequacy of which is acknowledged, it is hereby agreed as follows: 1. The above recitals are incorporated herein. 2. Settlement. a. Dismissal of the UWMP Action. O.W.L. shall file with the Sonoma County Superior Court a request for dismissal with prejudice of its UWMP Action no later than five (5) days after the Effective Date of this Agreement. 1073897Y1 8007810058 -1- b. Attorneys' Fees and Costs of the UWMP Action. Within thirty (30) days of dismissal with prejudice of the UWMP Action, the City shall pay and O.W.L. shall accept the sum of four thousand, two hundred and fifty dollars ($4,250) as full, final and complete settlement of all claims for attorneys' fees and costs, which are based upon, related to, arising out of, or in connection with the UWMP Action. 3. Mutual Release. Except for the obligations specified, the City and O.W.L. hereby release and forever discharge each other, together with their employees, officers, agents, representatives, trustees, directors, partners, stockholders, attorneys, successors, assigns, heirs, personal representatives and executors, and all persons, firms, associations, co- partners, coventurers, insurers, contractors, engineers, subcontractors, subsidiaries, parents, affiliates, or corporations connected therewith, and each of them from any and all claims, debts, liabilities, demands, obligations, defenses, costs, expenses, attorneys' fees, actions, and causes of actions of every nature, character, and description whether known or unknown, directly or indirectly arising out of any matter, fact, and/or allegation related to the UWMP, including, without limitation (i) this UWMP Action, (ii) any claims relating to the adoption or validity of the City's 2005 UWMP, and (iii) those claims identified in paragraph 2 above. 4. Waiver of California Civil Code Section 1542. The parties to the releases in paragraph 3 above hereby acknowledge that they are aware of the provisions of section 1542 of the Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Having been so informed, the parties to the releases in paragraph 3 above hereby elect to and do waive the provisions and benefits of Civil Code section 1542, effective upon the execution of this Agreement. 5. No Admission of Liability. Nothing herein shall be construed as an admission on the part of any of the parties of any claims, demands, causes of action, obligations, damages, defenses or liabilities asserted by any other party. 6. Attorneys' Fees and Costs. Each party to this Agreement will bear its own attorneys' fees and costs incurred in the negotiation, review and execution of this Agreement. 7. Authorization to Execute. Each party represents that the individual signing this Agreement is authorized to bind the party on whose behalf he or she signs. 8. Entire Agreement. As to the matters set forth herein, this Agreement is the entire, integrated agreement and understanding of the parties. 9. Modification. This Agreement may be modified only by a writing signed by the parties. 1073897vl 80078/0058 -2- l p. Severability. If any part of this Agreement is found to be void. invalid or unenforceable, the remainder shall remain in full force and effect and shall be interpreted to cagy out the parties' intent with respect to their obligations and rights. 11. Draftiny, of Agreement. The drafting and the negotiation of this Agreement has been participated in by each of the parties or their counsel and, for all purposes, this Agreement shall be deemed to have been drafted jointly by all parties. 12. Successors and Representatives. This Agreement shall be binding on and shall inure to the benefit of the successors and assigns of each party. 13. Informed Consent. Each party declares that prior to the execution of this Agreement, it and/or its duly authorized representatives have apprised themselves of sufficient relevant data, either through attorneys, experts or other sources of their own selection, in order to intelligently exercise their judgment in deciding whether to execute, and in deciding the contents of, this Agreement. Each party states that this Agreement is entered into freely and voluntarily, upon the advice and with the approval of its counsel. 14. Applicable Law. This Agreement shall be interpreted in accordance with California law. 15. Execution in Counterparts. This Agreement may be executed in counterparts; and fax copies shall constitute good evidence of such execution. IN WITNESS WHEREOF, this Agreement is executed and agreed to by the following: CITY OF ROHNERT PARK Stephen Donley City Manager Michelle Man City Attorney O.W.L. • DA • Its- TO ' O APP OVED AS TO FORM: )a Oey,on Stephan C. Volker Attorney for O.W.L. -3- RESOLUTION NO. 2008-32 Council: X Miscellaneous Communications Agenda: 2126108 X 2/20/08-TG Copy to: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF STACEY LINDELL [Alleged Tire Damage from Construction Site] BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for alleged damages received February 12, 2008 is hereby rejected. DULY AND REGULARLY ADOPTED this 26`f day of February, 08. CITY OF R01-INERT PARK Mayor ATTEST: City Clerk Ref: Claim No. 2008 -03 M M 00 0 0 N O z O O GO S O obi i 0 U v W v� ~ z cp 8 m O WU y Ql z� a� a W � z� y y Council: X Miscellaneous _ Communications Agenda: 2126108 X 2/20/08 -TG Copy to: t6 00 L O O t�6 O ' U O U C Z Obi N Rf = ) C - i1rZ��il :3 C: °a �Scu E o a 4-4 o oo Q o 3 .5 ,C C0 nn U > ,� m 'O Cr i3 N O C C C6 U LO O 5) (n �Ev oa C � O 0 O C o a v�- �a a) C: o o a° O � N L O U ' (n v .�' v tII O O C v +� V v o 0) E v To0o n Q �C C6 •2)coU vv -0 4) C'4 c � c N Q v O V v v O O m 'v�- � oQ �m �. -,o C T- O O m " �U L c` N � -L m O O � .O � .v to O O� j C -- C V °' o °0' v to ,0 CL 4) (D � > o Itz aFE Q.S O O O Q ¢+ O O v C m �Ea) O -0 v C (n s C v O(U L Q .� L U v �rn °ern bn o•. v,t?o•- o E° v�cno O� CO CD� Z .� a�i m a�i m A � d d tLU G1 sue, a� ci I ti Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4"' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email to review for "approvals as to form" DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday mornings One (1) week prior to Council meeting dates Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoons One (1) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) ITEM NO. 5 RESO. NO. 2008-34 Council: X Miscellaneous Communications Agenda: 2126108 X 2/20/08 -TG Copy to: CITY OF ROIINERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: Engineering Submitted By: Eydie Tacata, Management Analyst Submittal Date: February 19, 2008 Agenda (Subject Only) Title: Proposed Revisions to Engineering Fee Schedule Requested Council Action: Adopt updated Engineering Department fees Summary: The Rohnert Park Municipal Code, Chap. 3.32 Cost Recovery — Fee Service Charge System provides for the establishment of user fees to recover costs incurred by the City in providing services. In 2005, Revenue & Cost Specialists, LLC conducted a study ( "Fee Study ") to update the Rohnert Park Engineering Department's fees for services to reflect the costs of those services (i.e. engineering review of development projects, plans and maps, encroachment permits and transportation permits). On January 24, 2006, the City Council approved the fee schedule established by the study, and the fees became effective on March 25, 2006. Staff recommends that these fees be updated to reflect increases in costs since that time. The Fee Study utilized a "full business costing" concept to create consistency in the establishment of fees and allow for adjustments to reflect changes in the costs of providing services. For this update of the fees, the Fee Study methodology was utilized without change. The proposed updated fees reflect current salaries and the change in PERS plans. This approach balances the need to increase fees while avoiding passing on the cost of a new Fee Study. Staff recommends adopting .the updated fees as proposed. Exhibit A is a summary of the current and proposed fees. Exhibit B is the calculation of updated billing rates for Engineering Department staff, for which increased engineering fees are the final result. If adopted, the new fees will be effective April 29, 2008. Enclosures: Exhibit A: Updated Engineering Fees, Exhibit B: Updated Engineering Staff Billable Rates, Resolution, Public Hearing Notice CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. ITY MANAGER'S RECOMMENDATION: ( ) Consent Item Regular Time Approval Public Hearing Required. ( ) Not Recommended ( ) Submitted with Comment ( ) City Comments: j City Manager's Signature: Date: RESOLUTION NO. 2008-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE UPDATED ENGINEERING FEE SCHEDULE WHEREAS, Rohnert Park Municipal Code Chapter 3.32, "Cost- Recovery — Fee and Service Charge System," provides for the establishment of a fee system to recover costs of the City in providing certain services, products and regulatory activities; WHEREAS, the City of Rohnert Park Engineering Department ( "Department ") conducted a fee study in 2005 to update the Department's fee schedule, which was subsequently approved by the City Council on January 24, 2006 and went into effect on March 26, 2006; WHEREAS, it was recommended by the study to periodically review and update the fees to achieve reasonable cost recovery; WHEREAS, no fee on the updated fee schedule shown in Exhibit A, Engineering Department Fees, exceeds the costs reasonably borne by the Department in providing the service or enforcement of applicable ordinances, codes and regulations for which the fee is charged; WHEREAS, no fees are included in this updated fee schedule for the purpose of acquiring funds for the construction of public improvements or the acquisition of equipment; WHEREAS, the updated fee schedule was processed in the time and manner prescribed by State and local law; WHEREAS, on February 26, 2008, the City Council of the City of Rohnert Park reviewed the amended fee schedule and supporting data during a scheduled public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the proposed fees; and WHEREAS, at the February 26, 2008 City Council meeting, upon hearing and considering all. testimony and arguments, if any, of all persons desiring to be heard, the Council considered all the facts relating to the amended fee schedule. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Environmental Clearance. The adoption of this Resolution is statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080(b)(8), as the establishment and modification of charges by a public agency to meet operating expenses. BE IT FURTHER RESOLVED, that the City Council approves the Engineering Fee Schedule set forth in Exhibit A, attached to and incorporated herein, and that such Fee Schedule shall be in full force and effective sixty (60) days after its adoption. DULY AND REGULARLY ADOPTED this 26th day of February, 2008. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor EXHIBIT A Engineering Department Fees Updated Feburary 2008 Service Title Current Fee Updated Fee Sign Review $100 $110 Conditional Use Permit $390 $420 Preliminary Site plan $580 $630 Specific Plan* $15,000 $16,000 Preliminary Landscape Plan Check $305 $330 Tentative Parcel Map Review* $1,050 $L150 Tentative Subdivision Map Review* $2,200 $2,400 Grading /Site Improvement Plan Check* $3,000 $37300 Grading/Site Improvement Inspection* 1.5% of Estimate 1.5% of Estimate Final Parcel Map Review* $1,800 S1,950 Final Subdivision Map Review* $3,500 $3,800 Final Map Amendment /Revision Review (Minor) $520 $560 Final Map Amendment /Revision Review (Major)* $1,000 $1,100 Time Extension $90 $ l 00 Public Improvement Plan Check* $3,000 $3,200 Subdivision Plan Check* $2,200 $2;400 Public Improvement Inspection* 1.5% of Estimate 1.5% of Estimate Subdivision Inspection* 1.5% of Estimate 1.5% of Estimate Lot Line Adjustment Review $780 $840 Street Blocking Permit $160 5170 Street Vacation/Abandonment Request* $1,050 $1,150 Minor Encroachment Permit /Insp $270 $290 Major Encroachment Permit Insp. $1,125 $1,200 Annual Blanket Encroachment Permit $445 $480 Transportation Permit $90 $100 Reversion to Acreage/ Lot Merger $620 $670 * Connotes T &M against this amount EXHIBIT B Engineering Department Staff Billable Rates Updated Feburary 2008 Classification Civil Engineer City Engineer Hourly Pay $43.80 $65.56 Billable Hours Available 1,275 $69.53 Hourly Rate $36.73 $106.95 Fringe Benefits 51.40% $54.97 Maintenance and Operation Costs 3.89% $4.16 Building Occupancy Costs 1.51% $1.61 Debt Service Costs 0,00% $0.00 Overhead costs 24.57% $26.28 Fixed Asset Replacement Costs 1.51% $1.61 Engineer Civil Engineer Associate Engineer $52.08 $43.80 $42.62 $84.96 $71.45 $69.53 $43.67 $36.73 $35.74 $3.31 $2.78 $2.70 $1.28 $1.08 $1.05 $0.00 $0.00 $0.00 $20.88 $17.56 $17.08 $1,28 $1.08 $1.05 Total Bitting Rate $196 $156 $131 $128 Total multiplier 3.0 3.0 3.0 3.0 Senior Engineering Classification Tech Public Works Inspector Engineering Tech 1 Management Hourly Pay Billable Hours Available Hourly Rate Fringe Benefits Maintenance and Operation Costs Building Occupancy Costs Debt Service Costs Overhead costs Fixed Asset Re lacement Costs Total Billing Rate Total multiplier $69.53 $35.74 $2.70 $1.05 $0.00 $17.08 $1.05 $128 3.0 Administrative Assistant $28.86 $47.08 $35.74 $2.70 $1.05 $0.00 $17.08 $1.05 $105 W. Notes 1. Hourly rate is taken from the City of Rohnert Park (Step E) 2. Billable Hours Available taken from Engineering Department Fee -Based Cost of Service Study for the City of Rohnert Park January 2006 by Revenue and Cost Specialists 3. Percentages taken from Engineering Department Fee -Based Cost of Service Study for the City of Rohnert Park January 2006 by Revenue and Cost Specialists 4. Rates rounded up to nearest whole dollar 5. For comparison, Fringe Benefits from Barbara Galaudet are lower than those above: a. RPEA b. Management 6. Average Percent increase 10.1% 7. Avg % increase excluding MA 4.0% 4.0% $36.05 $36.05 $28.86 1.275 $58.81 $58.81 $47.08 51.40% $54.97 $43.67 $3633 3.89% $4.16 $3.31 $2.78 1.51% $1.61 $1.28 $1.08 0.00% $0.00 $0.00 $0.00 24.57% $26.28 $20.88 $17.56 1.51% $1.61 $1.28 $1.08 $148 $130 $107 $123 41 3.6 3.7 3.1 $69.53 $35.74 $2.70 $1.05 $0.00 $17.08 $1.05 $128 3.0 Administrative Assistant $28.86 $47.08 $35.74 $2.70 $1.05 $0.00 $17.08 $1.05 $105 W. Notes 1. Hourly rate is taken from the City of Rohnert Park (Step E) 2. Billable Hours Available taken from Engineering Department Fee -Based Cost of Service Study for the City of Rohnert Park January 2006 by Revenue and Cost Specialists 3. Percentages taken from Engineering Department Fee -Based Cost of Service Study for the City of Rohnert Park January 2006 by Revenue and Cost Specialists 4. Rates rounded up to nearest whole dollar 5. For comparison, Fringe Benefits from Barbara Galaudet are lower than those above: a. RPEA b. Management 6. Average Percent increase 10.1% 7. Avg % increase excluding MA 4.0% 4.0% Classification Hourly Billing Rate City Engineer $196 Deputy City Engineer $156 Civil Engineer $131 Associate Engineer $128 Project Manager $128 Senior Engineering Tech $0 Public Works Inspector $0 Engineering Tech I $0 Management Analyst $0 Administrative Assistant $0 PUBLIC NOTICE REGARDING INCREASED FEES AND SERVICE CHARGES FOR PERMITS AND SERVICES FROM THE CITY OF ROHNERT PARK ENGINEERING DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTIONS 66016 AND 66018, NOTICE IS HEREBY GIVEN that the Rohnert Park City Council will hold a Public Hearing on February 26, 2008, at 6:00 p.m., or soon thereafter as each item is reached, in the City Council Chambers, 6750 Commerce Blvd., Rohnert Park, California, to consider a resolution regarding increased fees and service charges for permits and services from the City of Rohnert Park Engineering Department. The data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charges are to be levied will be available for review on February 14, 2008, in the City Clerk's Office and the City Engineering Department at 6750 Commerce Boulevard, Rohnert Park, California. The services to be addressed are funded by General Fund revenues. Questions regarding the proposed new and increased fees or service charges should be directed to the following departments for the respective fees and charges: Patrick Barnes, Engineering Department (707) 588 -2234 NOTE: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing. Dated: February 12, 2008 Judy Hauff, City Clerk Published: February 15 and 22, 2008 :-r-lroposed "Initiative Measure t Reduce Rohnert Park Sewer i Rates." TO FOLLOW ON FRIDAY, WITH SUPPLEMENTAL Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 & 4'h Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to, Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only} ITEM NQ. 6 Council: X Miscellaneous Communications Agenda: 2126108 X 2/22108 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: February 26, 2008 Department: Administration Submitted By: Steve Donley, City Manager Submittal Date: February 22, 2008 Agenda Title: Sewer Rates Initiative - Consideration of the need for and the potential scope of an impact report in accordance with Elections Code Section 9212 regarding the Initiative Measure to Reduce Rohnert Park Sewer Rates. Requested Council Action: Provide direction to staff regarding the preparation of an impact report in accordance with California Elections Code Section 9212. Summary: On January 28, 2008, John Hudson, along with other Proponents, filed an initiative measure entitled "Initiative Measure to Reduce Rohnert Park Sewer Rates." In accordance with state law, on February 19, 2008, the City Attorney prepared a ballot title and summary of the initiative. The proponents have 180 days from receipt of the Title and Summary to file with the City Clerk the requisite number of signatures. One important component of the initiative process grants the City Council authority to request preparation of a report pursuant to Elections Code Section 9212. By operation of the California Constitution and statute, local governments have been provided broad authority to make fiscal decisions concerning their constituents. General law cities, unless otherwise prohibited by law, may expend funds "'where it appears that the welfare of the community ... is involved and ... benefit results to the public. "' (Albright v. City of South San Francisco (1975) 44 Cal.App.3d 866,869, quoting 4 McQuillin, Municipal Corporations (3d ed.) p. 66.) In addition to this broad authority, local governments have specific authority to analyze and comment on local initiatives. Pursuant to Elections Code Section 9212, the City Council may request that a report be prepared, by any City agency, that discusses the impact of the proposed initiative. The report is prepared very early in the process: either while the initiative is being circulated for signatures, or within 30 days from when the initiative is certified for the ballot. The report may contain an analysis on any or all of the following: (1) The initiative's fiscal impact; (2) The initiative's effect on the internal consistency of the City's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code; (3) The initiative's effect on the use of land, its impact on the availability and location of housing, and the ability of the City to meet its regional housing needs; (4) The initiative's impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the initiative would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses; (5) The initiative's impact on the community's ability to attract and retain business and employment; (6) The initiative's impact on the uses of vacant parcels of land; (7) The initiative's impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and /or (8) Any other matters the Council requests to be in the report. Note that the report shall be presented to the City Council within the time prescribed by the Council, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition. Accordingly, while the City Council may request that a report be prepared during circulation of the Petition, it may also wait until the requisite number of signatures have been obtained and certified prior to requesting the report. Direction The purpose of this agenda item is to determine whether the City Council desires to request an impact report pursuant to Elections Code Section 9212. If the Council wishes that such a report be prepared, the Council must next determine what elements it wants to include in the report and when the report is to be submitted to the Council. As discussed above, the Elections Code is very specific as to the timing of certain events. This specificity adds complexity to the time period available to the City to prepare a report. Obviously, the more time staff has to prepare the report, the greater detail the report can contain. While the Council could wait to request a report until the initiative is certified, it need not do so and may request that the report be prepared sometime prior to the signatures being certified. CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item Regular Time ( ) Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment Policy Determination C it ( ) City Comments: City Manager's Signature: / Date�� ROHNERT PARK CITY COUNCIL WATER ISSUES SUB - COMMITTEE MEETING AGENDA Wednesday, February 13, 2008 Noon Rohnert Park Administrative Offices 6750 Commerce Boulevard Committee Members: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Council: X Miscellaneous Communications _ Agenda: 2/26108 X 2/20/08 -TG Copy to: City Staff: Darrin Jenkins, Director of Public Works / City Engineer Eydie Tacata, Management Analyst Michelle Kenyon, City Attorney / Ben Winig, Assistant City Attorney 12:00 noon REGULAR SESSION — Open to Public Call to Order 1. Public Comments, if any 2. Sonoma County Water Agency Update 3. Rohnert Park Staff Update 4. Water Advisory Committee Report 5. Technical Advisory Committee Report 6. Sonoma/Marin Saving Water Partnership MOU 7. Water Conservation Measures 8. Flood Discussion 9. Additional Comments, if any 10. Adjournment Posted in accordance with state law. Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending this meeting, please contact the City Offices at (707) 588.2226 at least 72 houis prior to the meeting to ensure City accommodations. ROHNERT PARK CITY COUNCIL CREEK MASTER PLAN SUB - COMMITTEE MEETING AGENDA Wednesday, February 13, 2008,1:00 p.m. Rol-inert Park Administrative Offices 6750 Commerce Boulevard, Rohnert Park; CA Council: X Miscellaneous Communications Agenda: 2126108 X 2/20/08 -TG Copy to: Committee: Jake Mackenzie, Mayor, City of Rohnert Park Pam Stafford, Council Member, City of Rohnert Park David Armstrong, Planning Commissioner, City of Rohnert Park Jerry Griffin, Parks & Recreation Commissioner, City of Rohnert Park Misti Harris, Assistant Planner, City of Cotati (representing Geoff Fox, Council Meniber, and Dianne Thonpson, City Manager City of Cotati) Michael Thompson, Deputy Chief Engineer, Sonoma County Water Agency Craig Dawson, Director of Environmental Health & Safety, Sonoma State University Joe Houton, Restoration and Management Plan Project Manager, Laguna de Santa Rosa Foundation Stakeholder Participants: Wade Belew (Cotati Creek Critters), Jenny Blaker (Cotati Creek Critters), Kara Heckert (Sotoyome RCD), Julie Bright (Sonoma State University) Cite Staff: Eydie Tacata, Management Analyst 1:00 P.M. REGULAR SESSION — Open to Public Call to Order I . Introductions 2. Goal - Shaping Session: Preparation • Review date / time / place • Review invitee list / Help with follow -up calls? 3. Goal- Shaping Session: Approach to goal- setting • Option #1: Themes for plan, developed last year. No "goals" • Option #2: Suggested goals, including ones from other plans (beyond the ones we initially developed) 4. Goal- Shaping Session: Needs • Refreshments (call for donations ?) • Set -up /take down (chairs /tables, easels) 5. Announcements / comments from the Subcommittee members 6. Public Comments, if any 7. Adjournment Cloverdale Cotati Healdsburg Petaluma Rohnen Park Santa Rosa Sebastopol Sonoma Windsor MAYORS' & COUNCILMEMBERS' ASSOCIATION OF SONOMA COUNTI City of Rohnert Park, Chair City for 2008 Mayor Jake Mackenzie 6750 Commerce Boulevard Rohnert Park, CA 94928 707 588 -2226 Council: X Miscellaneous Communications Agenda: 2126108 X 2/20/08 -TG Copy to: AGENDA ANNUAL MEETING SONOMA COUNTY CITY SELECTION COMMITTEE 6:00 P.M. Date: Thursday, February 14, 2008 Time: 6:00 PM — Sonoma County City Selection Committee 6:30 PM — Board Meeting . 7:00 PM — Dinner /General Membership Meeting Location: Villa Chanticleer. 1248 South Fitch Mountain Road. Healdsburg 95448 L CALL TO ORDER: Mary Bowman, Clerk of the City Selection Committee 2. ROLL CALL Cloverdale Cotati --- - -� - -� Petaluma Rohnert Park Santa Rosa g noma indsor 3. APPROVAL of MINUTES • City Selection Committee, August 9, 2007; Cloverdale 4. BUSINESS ■ Appointment of Chair and Vice Chair to the City Selection Committee for 2008 • Consideration of an appointment to the Remote Access Network (RAN) Board [must be a Mayor] 5. ADJOURNMENT MAYORS' & COUNCILMEMBERS' ASSOCIATION OF SONOMA COUNTY AGENDA BOARD OF DIRECTORS' MEETING 6 :30 P.M. Lu V� iijuiouu.y71 l.vl ualy 1`t, LVVO Time: 6:00 PM — Sonoma County City Selection Committee 6:30 PM — Board of Directors' Meeting 7:00 PM — Dinner /General Membership Meeting Location: Villa Chanticleer. 1248 South Fitch Mountain Road. Healdsburg 95448 1. CALL TO ORDER: Association Chairperson Jake Mackenzie, City of Rohnert Park 2. ROLL CALL Cloverdale Cotati Healdsbur Petaluma Rohnert Park Santa Rosa Sonoma Windsor 3. APPROVAL of MINUTES ■ Board of Directors, October 11, 2007 in Cotati 4. APPROVAL OF 2008 MEETING DATES 5. BUSINESS ■ Program Suggestions for 2008 ■ Letters from Mayors designating who may vote in their absence 6. NEW BUSINESS from the Floor 7. NEXT GENERAL MEMBERSHIP MEETING Host City: Petaluma Date: April 10, 2008 Place: TBD / Program: TBD 8. ADJOURNMENT: Adjourn to Thursday, April 10, 2008, at 6:00 PM in Petaluma City of Rohnert Park, Chair City for 2008 Cloverdale Mayor Jake Mackenzie Cotati 6750 Commerce Boulevard llealdsburg Rohnert Park, CA 94928 Petaluma 707 598 -2226 Rohnert Park Santa Rosa Sebastopol Sonoma Windsor AGENDA BOARD OF DIRECTORS' MEETING 6 :30 P.M. Lu V� iijuiouu.y71 l.vl ualy 1`t, LVVO Time: 6:00 PM — Sonoma County City Selection Committee 6:30 PM — Board of Directors' Meeting 7:00 PM — Dinner /General Membership Meeting Location: Villa Chanticleer. 1248 South Fitch Mountain Road. Healdsburg 95448 1. CALL TO ORDER: Association Chairperson Jake Mackenzie, City of Rohnert Park 2. ROLL CALL Cloverdale Cotati Healdsbur Petaluma Rohnert Park Santa Rosa Sonoma Windsor 3. APPROVAL of MINUTES ■ Board of Directors, October 11, 2007 in Cotati 4. APPROVAL OF 2008 MEETING DATES 5. BUSINESS ■ Program Suggestions for 2008 ■ Letters from Mayors designating who may vote in their absence 6. NEW BUSINESS from the Floor 7. NEXT GENERAL MEMBERSHIP MEETING Host City: Petaluma Date: April 10, 2008 Place: TBD / Program: TBD 8. ADJOURNMENT: Adjourn to Thursday, April 10, 2008, at 6:00 PM in Petaluma MAYORS' & COUNCILMEMBERS' ASSOCIATION OF SONOMA COUNTY Cloverdale City of Rohnert Park, Chair City for 2008 Cotati Mayor Jake Mackenzie Healdsburg 6750 Commerce Boulevard Petaluma Rohnert Park, CA 94928 Rohnert Park 707 588 -2226 Santa Rosa Sebastopol Sonoma Windsor AGENDA GENERAL MEMBERSHIP MEETING Date: Thursday Fehniary 14 ?OOR Time: 6:00 PM — City Selection Committee 6:30 PM — Board of Directors' Meeting 7:00 PM — Dinner /General Membership Meeting Location: Villa Chanticleer. 1248 South Fitch Mountain Road. Healdsburg 95448 N 3. 4. CALL TO ORDER ROLL CALL: Association Chairperson Jake Mackenzie, City of Rohnert Park Cloverdale Cotati I Petaluma Rohnert Park Santa Rosa Sonoma W - indsor APPROVAL of MINUTES General Membership Meeting, October 11, 2007 in Cotati TREASURER'S REPORT: Current balance is $609.50 5. CORRESPONDENCE Letter dated 1/14/08, from Alan Hemphill, NCEA Chair, (forwarded by Eric Ziedrich, Councilmember City of Healdsburg) re: North Coast Rail Authority (NCRA) 6. REPORTS / DISCUSSION ITEMS A. Mayors B. City Managers Committee: Steve Donley, Chairperson, City of Rohnert Park C. Legislative Committee: Spokesperson D. Committee Chairs: Other Reports E. Report from Association Chairperson on Board of Directors' Actions F. League of California Cities Policy Committee's Meeting Reports G. League of California Cities Legislative Update — Amy O'Gorman H. Climate Protection Report: Everybody Profits N- Councilmember Plass/Healdsburg I. Recycling of petroleum -based plastic bags — Councilmember McGuire/Healdsburg 7. PROGRAM Santa Rosa Police Lieutenant Ernesto Olivares: Developing a Local Action Plan to Reduce Gang Violence 8. NEXT BOARD OF DIRECTORS MEETING Thursday, April 10, 2008, in Petaluma at 6:30 P.M. 9. ADJOURNMENT: Adjourn to next General Membership meeting at 7:00 P.M. on Thursday, April 10, 2008, in Petaluma ****PLEASE COPY AND DISTRIBUTE TO ALL COUNCILMEMBERS "" Santa Rosa Plain Conservation Strategy Implementation Committee Agenda for Meeting of February 20, 2008,9:0o a.m. Council: X Miscellaneous Communications Agenda: 2126/08 X 2/20/08 -TG Copy to: Sonoma County Permit & Resource Management Department Hearing Room 2550 Ventura Avenue, Santa Rosa, CA 95403 The Santa Rosa Plain Conservation Strategy Implementation Committee may discuss and /or take action on any or all of the items listed on this agenda. Item 1: Call to Order, Roll Call, and Approval of Minutes (attached) Item 2: Review and discussion of process and funding to complete the Implementation Plan (Attachment: Cost Estimate from LSA Consultants) Item : Report from Agricultural Activities Subcommittee Item : Public Comment on Issues Not on the Agenda Note: Please limit comments to 3 minutes each. Agenda Packets: Copies of the full packets of support materials provided to the Committee are available for review at the County of Sonoma Permit and Resource Management Department office. Copies of the agenda and agenda packet materials will be mailed to any person filing a written request upon payment of a fee to recover the cost of providing the service. Requests should be mailed to Melinda McCutcheon, PRMD Executive Secretary, at 2550 Ventura Avenue, Santa Rosa, CA 95403• Accommodations for Persons with Disabilities: If you have a disability which requires an accommodation, an alternative format, or requires another person to assist you while attending this meeting, please contact Melinda McCutcheon, PRMD Executive Secretary at (707) 565 -1925, as soon as possible, to ensure arrangements for accommodation. Public Comment: Any member of the audience desiring to address the Committee on a matter on the agenda: Please stand and after receiving recognition from the Chair, give your name and address, and your comments or questions. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the subject under discussion. Time limitations shall be at the discretion of the Chair or Committee. Council: X Miscellaneous Communications Agenda: 2126108 X 2/20/08 -TG Copy to: SONOMA COUNTY WASTE MANAGEMENT AGENCY February 20, 2008 9:00 a.m. City .of Santa Rosa Utilities Department Subregional Water Reclamation_ System Laguna Plant 4300 Llano Road, Santa Rosa, CA 95407 Estuary Meeting Room *** *UNANIMOUS VOTE ITEM #7.2 * * ** AGENDA ITEM ACTION 1. Call to Order /Introductions 2. Attachments /Correspondence: Director's Agenda Notes Article received from Chair Tim Smith )MA COUNTY Waste Management Agency 3. On file w /Clerk: for copy call 565 -3579 Resolutions approved in January 2008 2008 -001 Electing a Chair, Vice -Chair and Chair Pro Tempore for 2008 2008 -002 Advertising, Publishing and Distributing Recycling Guide in AT &T Yellow Pages 2008 -003 Recycling Guide Tab in AT &T Yellow Pages Phone Book 2008 -004 Appropriation Transfer HD16C Grant 2008 -005 Appropriation Transfer HD16F Grant 2008 -006 Appropriation Transfer RU11 Grant 2008 -007 Purchase of Recycling Containers for use in the City of Santa Rosa 4. Public Comments CONSENT (w /attachments) Discussion /Action 5.1 Minutes of January 16, 2008 5.2 FY 07 -08 Mid -Year Financial Report 5.3 Printing of 2008 Recycling Guide 5.4 Eco -Desk Annual Report 5.5 Sonoma Compost Marketing Plan 2008 5.6 First Amendment to Agreement with City of Santa Rosa, in Marking Catch Basins on Private Property 5.7 Retirement Resolution 2300 County Center Drive, Suite 8100 Santa Rosa, California 95403 Phone: 707/565 -2231 Fax: 707/565 -3701 www.recyclenow.org Printed on Recycled Paper @ 100% post- consumer content 6.1 Waste Characterization Findings Discussion /Action [Carter](Attachment) ADMINISTRATION 7.1 Update on Executive Director of SCWMA Position Discussion /Action [Klassen] 7.2 Preliminary Draft Budget for FY 08 -09 UNANIMOUS VOTE [Klassen /Fisher](Attachment) 7.3 CIWMB Grant Resolution Discussion /Action [C hilcott] (Attachment) COMPOSTING/WOOD WASTE 8.1 Compost Program Update Discussion /Action [Klassen] 8.2 Food Waste Composting Campaign Discussion /Action [Chilcott] (Attachment) 8.3 Compost Relocation Project Update Discussion /Action [Carter] (Attachment) HOUSEHOLD HAZARDOUS WASTE 9.1 EPR Implementation Plan Report Discussion /Action [Steinman](Attachment) EDUCATION 10.1 Spanish Outreach RFP Discussion /Action [Chi I cott] (Attachment) 11. Boardmember Comments 12. Staff Comments 13. Adjourn CONSENT CALENDAR: These matters include routine financial and administrative actions and aro usually approved by a single majority vote. Any Boardmember may remove an item from the consent calendar. REGULAR CALENDAR: These items include significant and administrative actions of special interest and are classified by program area. The regular calendar also includes "Set Matters," which are noticed hearings, work sessions and public hearings. PUBLIC COMMENTS: Pursuant to Rule 6, Rules of Governance of the Sonoma County Waste Management Agency, members of the public desiring to speak on items that are within the jurisdiction of the Agency shall have an opportunity at the beginning and during each regular meeting of the Agency. When recognized by the Chair, each person should give his /her name and address and limit comments to 3 minutes. Public comments will follow the staff report and subsequent Boardmember questions on that Agenda item, and before Boardmembers propose a motion to vote on any item. DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternative format or requires an interpreter or .other person to assist you while attending this meeting, please contact the Sonoma County Waste Management Agency Office at 2300 County Center Drive, Suite 6100, Santa Rosa, (707) 565- 3579, at least 72 hours prior to the meeting, to ensure arrangements for accommodation by the Agency. 2300 County Center Drive, Suite 8100 Santa Rosa, California 95403 Phone: 707/565 -2231 Fax: 707 /565 -3701 www.recyclenow.org Printed on Recycled Paper @ 100% post- consumer content Calendar of Events Next Council Meeting February 26, 2008 Wednesday, 2/20 -March 1 Library Art Show [AB assisting on 27th] Thursday, February 28 General Plan Update Steering Committee 2-4pm. PAC Community Room Thursday, 2/28 Susan Moore / FIGR presentation [VVM attending] Thursday, 2/28 Reception in honor of Supervisor Reilly Tides Wharf at Bodega Bay. (TS attending) Frid BEAT Annual Business Breakfast 7 -9am. DoubleTree Hotel (JM /PS/TS/VVM attending) Friday, 2/29 State Senate Candidates' Forum 8- 10:30am. Unity Center in Hamilton. 600 Palm Drive. Novato Council: X Miscellaneous Communications _ Agenda: 2126108 X 2/20/08 -TG Copy to: Saturday 3/1 RP- Cotati Community Volunteer Awards, Dinner, Dance hosted by SCAYD 5pm. Plaza Room @ Sonoma Mountain Village. 793 -9030 or www.scayd.org Monday, 3/10 Meeting with Dr. Mathis Community Center 10am -4pm. Wednesday, 3/26 ACWA 2008 Legislative Symposium 9am- 3:30pm. Sheraton Grand Sacramento Hotel (TS attending) April 1, 2008 Toxic Waste Collections at the Sports Center Parking Lot 4:00- 8:00pm. 795 -2025 Friday, April 4 North Bay Water Association Conference The Power of Water 8:30am- 4:30pm. Sheraton Petaluma (JM/VVM attending) April 10 Mayors & Councilmembers meeting Petaluma April 16 -17 League of CA Cities: North Bay Division Legislative Action Days Sacramento AGENDA FORECAST Tuesday, March 11, 2008 Pledge of Allegiance Sonoma State University Student Report — Heather Hanson, ASI Representative Council: X Miscellaneous Communications Agenda: 2126108 X 2120 /08-TG Copy to: Presentation by California State Senator Carole Migden Consent Calendar 2008 - Ratifying the Memorandum of Agreement with Service Employees International Union (S.E.I.U.) Local 1021 2008- Authorization for bids for Highway 101 & Wilfred Avenue Interchange Water System Valve Relocation Project No. 2006 -17 2008 - Approval of Project List for Proposition 1 B Funding 2008 - Approving Amendment Number three to the Agreement for Services for the EIR for the Wilfred/Dowdell Specific Plan Council approval of letter to the State on Park Closures Mayor's Presentation Resolution 2008 -33 recognizing Sonoma Mountain Village for endorsement as the First One Planet Community in North America Individual Items Ordinances Smoking Ordinance Update. Review of the City's current Smoking Ordinance and its conformity with state law provisions regarding smoking. Staff Report. Public Comments. Council discussion/direction. Introduction of Ordinance Banning Alcohol in City Parks except by permit Commission/Committee/Board Appointments Council Committee and /or other Reports General Plan Update Steering Committee, 2/28 — JM/VVM Other: Dr. Mathis Conference, 3/10 — full council Business Environmental Alliance Annual Business Breakfast, 2/29 — JM/PS /TS/VVM Matters from /for Council 1. Calendar of Events and Meetings 2. City Council Agenda Forecast Community Development Neighborhood Enhancement Rohnert Park Financing Authority ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area December 14, 2007 Vicki Vidak - Martinez Mayor City Hall Rohnert Park, CA 94928 -2489 ITEM NO. 9.3 Council: X Miscellaneous Communications Agenda: 2126108 X 2120/08 -TG Copy to: Re: Extended Producer Responsibility — A New Approach for Managing Waste Electronics, Batteries, Fluorescent Lights and Other Toxic or Hazardous Products Dear Mayor Vidak- Martinez: We are writing to bring to your attention the increasing costs local jurisdictions are now shouldering for the disposal of toxic and hazardous products, and to suggest actions that your jurisdiction can take to relieve the pressure on tax payers to support these costs. Since 2006, when the "Universal Waste" ban went into effect, certain electronics, fluorescent lamps, and batteries may no longer be sent to local landfills. Many counties around the state have documented huge increases in the costs of legally disposing of these materials. Municipalities are concerned about waste pharmaceuticals entering the solid waste stream. Publicly owned water treatment works are similarly concerned with the water quality implications of pharmaceuticals entering treatment plants. The attached fact sheet was prepared by the California Product Stewardship Council (CPSC), an organization whose members include 24 cities, counties and other government associations (such as Bay Area Clean Water Agencies and the Regional Council of Rural Counties), and counting. CPSC's goal is to make local governments aware of the staggering scale of the post- consumer product disposal challenge. There is a new approach that is rapidly gaining momentum in California thanks to the California Integrated Waste Management Board, the CPSC and others. Termed Extended Producer Responsibility or EPR, it is a fundamental paradigm shift that if implemented will move responsibility for reusing, recycling, or disposing of post- consumer products away from general taxpayers and back to manufacturers. The California Integrated Waste Management Board (CIWMB) recently adopted Strategic Directive 5, which states that it is a core value of the CIWMB that producers assume the responsibility for the safe stewardship of their materials in order to promote Mailing Address: P.O. Box 2050 Oakland, California 94604 -2050 (510) 464 -7900 Fax: (510) 464 -7985 info @abag.ca.gov Location: Joseph P. Bort MetroCenter lot Eighth Street Oakland, California 94607 -4756 F121 MITI environmental sustainability. Under this directive, the CIWMB will 1) Utilize existing Board authority to foster "cradle -to- cradle" producer responsibility; 2) Seek statutory authority to foster "cradle -to- cradle" producer responsibility: 3) Analyze the feasibility of various approaches to increasing producer responsibility, including during the product design and packaging phases, and make recommendations to the CIWMB Board by December 2007, and annually thereafter; 4) Build capacity and knowledge in CIWMB on Extended Producer Responsibility issues and solutions; and 5) Develop and maintain relationships with stakeholders that result in producer - financed and producer- managed systems for product discards. Thanks to the California Integrated Waste Management Board's actions, the advocacy of the California Product Stewardship Council and other organizations, and leadership from key legislators we can look forward to Extended Producer Responsibility legislation in the next year. What can your city /town /county do? Here are two key actions we encourage Bay Area jurisdictions to take: Adopt Extended Producer Responsibility resolutions and policies. Many cities within the Bay Area have already adopted such policies. For examples, see http : / /www.caproductstewardship.org /local /epr resolutions.htm. Support Extended Producer Responsibility legislation. Legislators are expected to introduce Extended Producer Responsibility bills in 2008. We encourage you to follow and support EPR legislation. For you convenience, we will post information and links on the Hazardous Waste Committee website at http://www.abag.ca.gov/hazwaste/legislationtofollow.html. For more information on Extended Producer Responsibility or other hazardous waste concerns, please contact the Hazardous Waste Management Facility Allocation Committee staff, Cell Scandone ceilsgabag.ca.gov 510 -464 -7961 or Jennifer Krebs ikrebsgwaterboards.ca. ov 510- 622 -2315. Or visit the committee website at http://www.abag.ca.gov/hazwaste/. Sincerely, Vice Mayor David Cortese City of San Jose President Association of Bay Area Governments Attachment 10�la Supervisor Mark Luce Napa County Chair, Hazardous Waste Management Facility Allocation Committee RESOLUTION NO =x RESOLUTION OF THE (Juriscict�on naive) SUPPORTING EXTENDED PRODUCER RESPONSIBILTTY WHEREAS, approximately tons of discarded materials and products are currently sent to disposal from our community on an annual basis at a cost of $ per tan; and WHEREAS, on February 8, 2006 California's Universal Waste Rule (CCR, Title 22, Division 4.5, Chapter 23) became effective; and WHEREAS, the Universal Waste Rule bans landfill disposal of certain products that are deemed hazardous, including household batteries, fluorescent bulbs and tubes, thermostats and other items that contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular phones, cordless phones, printers, and radios; and WHEREAS, it is anticipated that the list of Universal and other waste products determined to be hazardous and therefore banned from landfills will continue to grow as demonstrated by the ban of treated wood effective January 2007 and sharps in September 2008; and WHEREAS, state policies currently make local governments responsible for achieving waste diversion goals and enforcing product disposal bans, both of which are unfunded mandates; and WHEREAS, Universal Waste management costs are currently paid by taxpayers and rate payers of the (jurisdiction name) area and are expected to increase substantially in the short term unless policy changes are made; and WHEREAS, local governments have no input on the design of the products, make no profit from the products, and do not have the resources to adequately address the rising volume of discarded products; and WHEREAS, costs paid by local governments to manage products are in effect subsidies to the producers of hazardous products and products designed for disposal, and WHEREAS, costs paid in (year) for managing household batteries was equivalent to over $ per ton and the costs paid by the operator of the (Name) Transfer Station to properly dispose of fluorescent tubes was over $ per ton; and WHEREAS, if (Junsdiction name) were able to collect all of the batteries and fluorescent tubes generated in (3unsdle", q name), such a service cost would more than all.of and WHEREAS, the BoarcllCity;Councrl of k3urrsdictzon wine) supports statewide efforts to hold producers responsible for Universal Waste products and other product waste management costs; and WHEREAS, there are significant environmental and human health impacts associated with improper management of Universal Waste products; and WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers assume responsibility for management of waste products and which has been shown to be effective; and WHEREAS, when producers are responsible for ensuring their products are reused or recycled responsibly, and when health and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic; and WHEREAS, EPR framework legislation establishes transparent and fair principles and procedures for applying EPR to categories of products for which improved design and management infrastructure is in the public interest; and WHEREAS, the California Product Stewardship Council (CPSC) is an organization of California local governments working to speak with one voice in promoting transparent and fair EPR systems in California; and WHEREAS, in (Date), the (Jurisdiction-name) adopted a municipal Zero Waste Plan, and this plan describes how zero waste cannot be achieved unless product manufacturers reduce the toxics in their products and design them to be reusable and recyclable; and WHEREAS, the (Jurisdiction name) wishes to incorporate EPR policies into the City's and County's product procurement practices to reduce costs and protect the environment; and WHEREAS, the California integrated Waste Management Board has adopted Strategic Directives to begin developing statewide EPR programs; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF THE ( Jurisdiction name) that the Board/Counc i1ofthe(Junisd ,ictO, name) urges the California Integrated Waste Management Board to continue taking timely action to implement the Strategic Directive 1/5 on Producer Responsibility to manage Universal and other wastes; and BE IT FURTHER RESOLVED, that the Board /Council of {Jurisdiction name) urges the California Legislature to enact framework EPR legislation that shifts Universal and other waste management costs from local government to the producers of the product, and which will give producers the incentive to redesign products to make them less toxic and easier to reuse and recycle; and PA BE IT FURTHER RESOLVED, that the (stafflsolid- lvastedirect ©�} of (Jpr sd�6or 04jn e) be authorized to send letters to the League of California Cities, the California State Association of Counties, and the California Integrated Waste Management Board, and the State legislature and to use other advocacy methods to urge support for EPR framework legislation; and BE IT FURTHER RESOLVED, that the Chair of the Board /Council of {Jd"scttetion naive) be authorized to sign the California Product Stewardship Council (CPSC) Pledge of Support and participate by contributing $` to CPSC to educate and advocate for EPR policies and programs; and BE IT FURTHER RESOLVED, that the (Jurisdiction name) encourages all manufacturers to share in the responsibility for eliminating waste through minimizing excess packaging, designing products for durability; reusability and the ability to be recycled; using recycled materials in the manufacture of new products; and providing financial support for collection, processing, recycling, or disposal of used materials; and BE IT FUR'T'HER RESOLVED, that the (Jurisdiction name) and its member agencies develop producer responsibility policies such as leasing products rather than purchasing them and requiring producers to offer less toxic alternatives and to take responsibility for collecting and recycling their products and the end of their useful life. PASSED AND ADOPTED by the Board of the (Jurisdiction name), State of California on by the following vote: AYES: NOES: ABSENT: ABSTAIN: Signed: ATTEST: (Name), Chair (Name); Clerk (Jurisdiction name) 3 Date: (mo /day /year) CDC: X Miscellaneous Communications Agenda: 2126108 X 2/20 /08 -TG Copy to: COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL February 26, 2008 Checks 4953 - 4961 Date February 12 - 20, 2008 $125,879.97 TOTAL $125,879.97 COUNCIL COMMUNICATIONS (2/26/08) Yale Abrams Yale Abrams Consulting. Debbie Antcnsen Employment Development Department Edwin G Barr P 6i L Specialties Tom Bien Social Advocates for Youth Stephanie Cabral Experience Works, Inc William Campbell Redwood Empire JATC Judy Coffey Kaiser- Pemtanente - LaurieDecker Sonoma Valley Gty February 6 2 Chamber /County Partnership Jerald C. Dunn Sonoma County Human Services Department Linda Freudenberg l6me lntematic, a4 Pam Garianume Sonora' onoma Valley.Adult School Peter Harsch California Department of Rehabilitation Linda Hzuck Professional Staffing Resources - Sieve Herron Dear Mr. Do Exchange Bank Keo Hombostel Hyatt Vineyard Creek Hotel and Spa Carla Howell Rohnert Park Chamber of Commerce Roy Hurd Empire College Mark Bide Goodwill Industries of the Redwood Empire Stephen Jackson Sonoma County Office of Education Kathleen Kane Community Development Commission Scott Kincaid First Community Bank Vana Lawson Ya- Ka -Ama Indian Education Helga Lemke Community Action Partnership of Sonoma County Brooks Lockhart California Indian Manpower Consortium, Inc. Alexander Mallonee North Bay Labor Council Bill Nordskog Economic Development Board . Scott Ormerod Leap Solutions MacyKtOrdsco '- Sincierel North Bay Veterans Resource Center yf Chris Paige California Human Development Corporation Lee Pierce Tavalite Enterprises of Sonoma $acid ersity Karen Fies Sonoma State University Chuck Robbins Director Santa Rosa Junior College /SBDC Steven Shaw Community Resources for Independence Enclosures Stepha"e2ompson Sams Rosa Junior College Margie Torch - Outside the Lines, Inc. Corey Turner Sonoma National Bank Jessica Vann Gardner Petaluma Visitors Program Karen Walker City of Santa Rosa Jack Wolf Wolf Communimfions Carl Wong ' Sonoma County Office of Education Karen Pies Director 4M> SONOMA COUNTY WORKFORCE INVESTMENTBOARD • Steve Donley City Manager City of Rohnert Park 6750 Commerce Blvd. Rohnert Perk, 9492.8 nley:. COUNCIL: MISCELLANEOUS COMMUNICATIONS a•ao.o� AGENDA COPY TO: COPY TO. - — V t-" FEB 0 8 2008 CITY 0, Ro d pqr- - -R-r PAnj< Congratulations! The Sonoma County Board of Supervisors has appointed you to the Workforce Investment Board (WIB). The WIB meets bi- monthly and usually meets at the Training & Assessment Center, 2227 Capricorn Way in Santa Rosa, but occasionally has meetings off -site. The, next meeting is scheduled for February 13, 2008 at 3:00 p.m. A meeting calendar and map is enclosed. Also, staff would like to schedule a WIB orientation luncheon in the near future. Please contact Marje Garcia at (707) 565 -8500 so she can set a date for the lunch. Thank you again for taking the time from your busy schedule to actively participate in workforce development in Sonoma County. If you have questions, please contact Al Redwine at (707) 565 -8503. 2227 Capricorn Way, Suite 207E, Santa Rosa, CA 95407 Phone: (707)565 -8500 Fax: (707)565 -8515 Web Site: www.sonomawib.org RECEIVED FEB 1 1 2008 CITY OF l��vERT o 7 L }S� zv Icr� —e S A`� Y6,-c K--- C-cr) R CITY OP I 139i+iPJERT PARK c0uncil: Miscellaneous Conin�unications a•ao.e� Agenda Copy [o: Copy _to: ya. `foZ f/Ef1�'Tu�oo p D� l.J -9 F RECEIVED Wc- C_ FEB 1 4 2008 � �lTl' RaOt-iidER T PARK _ v pi t c-4— Q ea-4e, de P re -5, e,, 4 �,,. s' qi, ti A I Tj k5 wa O j Z 391 ad D,,,C 4 RECEIVED FEB 1 4 2008 CITY OF ROHNERT PARK j�� ccm�sid� cak //I) y�J'c s� 8 are ��s kr �f�e ��uhlc!� -�s �� � mac, .4 orc J g4--f e qaA c" 0/b GUI It)jYIA zk KU 5 I Council: Nmisceilaneou s Communications Agenda � Lo 11 } 111 coo to ,,� vrz 2 AJ C- T DATE: TO: FROM: SUBJECT: Council- M iscJj i It! a(X)tss ('onin- toitications Cop} to Cope to: RECEIVED .ao�g b� FEB 1 4 2008 Gin' 0F ROi-IE ERT PARK Feb 14, 2008 Rohnert Park City Council Jonnie Perrot Disaster Planning re Mobilehome Parks On Dec 6, 2007 (see attached minutes approved 2/8/08), 4 attending members of the Rent Appeals Board declined to take action on my attached proposal. In the meantime, I obtained further relevant information from the City of Los Angeles; see attached. I point out certain findings of the L.A. City Council promulgated in the aftermath of the 1/14/94 Northridge earthquake: ...The impact on the City's affordable housing stock has been severe ... There have been cases of evictions and attempts to impose unreasonable rent increases in violation of the [mobilehome] Rent Stabilization Ordinance. This [emergency] ordinance is necessary to eliminate incentives for persons to violate the rent increase limitations and vacancy control provisions of the Rent Stabilization Ordinance with respect to units damaged as a result of the earthquake... In light of these findings, I ask that the matter I brought to the Rent Appeals Board's attention be fully discussed by the Council, which full discussion /vote was not had by the Board to my great disappointment. Rent Appeals Board Page 2 of 2 December 6, 2007 - Meeting Minutes Unscheduled Public Appearance: Jonnie Perrot, 73 Toyon Court, spoke about temporary rent reductions in the event of a natural disaster. She made comments about the current procedure outlined in the RAB Rules and Regulations and the ordinance including the forms and the timing issues associated with the procedure. She expressed her concerns about disaster procedures, the ability of displaced residents to complete the required procedure, the closure of City Hall in the event of a natural disaster and the high volume of paperwork that will be generated to process the petitions. Review of Financial Reports: Staff reported that they did not have a report to share with the Board. A discussion was then held to clarify how the Financial Reports will be presented in the future. Consensus of the Board was that quarterly reports will be presented to the Board in the future. In the event that there are irregular charges, outside of normal expenditures, the Board directed staff to report on these charges sooner, than the next scheduled quarterly report. Proposed Mobile Home Ordinance Amendment to require Temporary Rent Reduction in the event of a Natural Disaster: The Board held a discussion about the proposed amendment to the ordinance and a corresponding change to the RAB Rules and Regulations. The definition of a natural disaster was discussed along with concerns about implementing automatic rent reductions. Consensus of the Board was to take no action on the item and not make a recommendation to the City Council on behalf of the Board for or against the amendment. Communication(s): None Resolutions for Adoption: None City Attorney's Report: None Other Items for Discussion: None Matters from the Board: None Unscheduled Public Appearances: Jonnie Perrot, 73 Toyon Court, spoke about a program broadcasted on Public Television that discusses earthquakes and shared the dates and times that the show was broadcasted. Adjournment: The meeting was adjourned. ATTEST: Secretary Chairperson Collins MOBILE HOME SPACES - RENT APPEALS BOARD MOBILE HOME SPACES — RENT APPEALS BOARD MINUTES OF MEETING Thursday, December 6, 2007 The Rent Appeals Board ( "RAB ") of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in City Council Chambers of City Hall, 6750 Commerce Boulevard, Rohnert Park, California. Call to Order: Chairperson Collins called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll Call: PRESENT: (4) Chairperson Collins, Board Members Engelhart, Utter and Welch were present. Board Member Blanc was excused. Others Present: Brian Goodman, Interim Community Development Assistant and Linda Babonis, Management Analyst were also present. Approval of Minutes: Chairperson Collins invited comments and motion to approve the November 1, 2007 regular meeting minutes. With no comments made, Chairperson Collins asked for a motion to approve minutes. Motion: Upon a motion by Board Member Engelhart, seconded by Board Member Utter, the November 1, 2007 regular meeting minutes were approved with a vote of four (4) Ayes and zero (0) No's. Adding Non - agenda Items for Information only: Mr. Goodman discussed a meeting recently held with Pete Inman, representative from the Caritas Corporation and Richard and Marie, On -site managers at Valley Village MHP, to discuss the completion of capital improvements to the park in relation to the approved pass through. Staff reported what information had been submitted, responded to comments and questions from the Board and asked for direction from the Board about scheduling a special meeting specifically to discuss this matter. The Board directed staff to schedule a special meeting and it was agreed that this meeting would be scheduled for December 20, 2007. Acknowledging the Clerk's Report on the Posting of the Agenda: Mr. Goodman reported that the agenda had been posted. Scheduled Public Appearances: None City of Rohnert Park • 6750 Commerce Blvd. - Rohnert Park - CA - 94928 - (707) 588 -2227 • Fax (707) 588 -2274 z ORDINANCE NO. 169363 An urgency ordinance relating to untenantable mobile homes in mobile home parks damaged as a result of the January 17, 1994 earthquake. THE PEOPLE OF THE CITY OF`i3OS ANGELES DO ORDAIN AS FOLLOWS: Section 1. A new Section 151.20 is hereby added to the Los Angeles Municipal Code to read: SEC. 151.20. TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE. A. Notwithstanding any provision of the Rent Stabilization Ordinance or any provision of the Los Angeles Municipal Code to the contrary, the following provisions shall apply to any mobile home, which is subject to the provisions of the City's Rent Stabilization Ordinance, rendered untenantable, as a result of the January 17, 1994 earthquake and its aftermath: The ground for eviction set forth in Section 151.09 A 1 (non- payment of rent) of the Los .Angeles Municipal Code shall not apply if a mobile home within a mobile home park was made untenantable on or after January 17, 1994, because of damage to utility- related facilities on a mobile home pad or a shut off of any utility to the mobile home pad as a result of the earthquake and its aftermath, where park management has the obligation to effect the necessary repairs to the utility system or facilities. A tenant is not required to pay the rent otherwise allowed pursuant to the Rent Stabilization Ordinance for those days that the utility was or is not provided. Once the utility facilities or services to the pad have been repaired, replaced or restored, the tenant shall be required to pay the rent allowed pursuant to the Rent Stabilization Ordinance for the period after that repair, replacement or restoration. H. The provisions of this section shall remain in effect for a period of 90 days from the effective date of the ordinance adding the section and shall apply to any proceeding which has not resulted in a final judgment on or before the effective date of that JU \K-1PXS -EQ. #4 - 02/14/94.15:11 Y'� ordinance. This section shall apply to mobile homes, as provided in Section 151.02 of the Los Angeles Municipal Code, regardless of whether rent is paid for the mobile home and the land upon which the mobile home is located or rent is paid for the land alone. The Rent Adjustment Commission shall have the authority to promulgate any regulations or guidelines'it deems necessary to implement this amendment to the Los Angeles Municipal Code. k S Sec. 2. Urgency Clause. The City Council finds and declares that this ordinance is required for the immediate protection of the public peace, health and safety of its citizens. The City has been severely impacted by the 6.7 magnitude earthquake which occurred early in the morning of January 17, 1994, and its aftermath. The impact on multi - family dwellings, mobile home parks and the City's affordable housing stock has been severe. over 27,000 dwelling units have -been ordered vacated. Thousands of people have been displaced. This ordinance is necessary to eliminate incentives for persons to displace tenants unnecessarily in order to utilize the vacancy de- control provisions of the Rent Stabilization ordinance thereby leading to widespread unreasonable rent increases with respect to units damaged as a result of the earthquake. In addition, there has been wide spread destruction in the City's mobile home parks. Hundreds of mobile homes have been severely damaged or destroyed. Other mobile homes have been rendered uninhabitable because utility services have been cut off. As a result, the residential displacement caused by the earthquake is enormous. There is a limited supply of mobile home park spaces available in the City. Many of the displaced tenants are senior citizens who intend to rebuild and remain in the mobile home park. Eviction of these displaced tenants from a mobile home park could further exacerbate the health and safety problems caused by the earthquake. The Rent Stabilization ordinance allows for reduction in rent in cases of untenantability. The proposed ordinance would only apply to mobile homes rendered untenantable because of the cut off in utility services or damage of utility facilities which are the responsibility of park management. Thus, the status of these tenants with untenantable mobile homes under the Rent Stabilization Ordinance must be clarified. Therefore, this ordinance shall become effective upon publication pursuant to Section 281 of the Los Angeles City Charter. JGB \MHPKS -EQ.#4 - 02/14194.16:11 d 4 Sec ....... .3_- ...... _ ___._ ------- The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify that the foregoing ordinance was passed by the Council or the City-of Los An;eIes, at its meetin8 of.--- ..-- - F-EB..15-_.1994----------- ELIASrklARTINEZ , City Clerk, By_.- - c - -- - - - - -- -- Deputy. Approved ....._.- J�- -- -- - --- - -- Iti't 81'or. Approved as to Form and Legality 4------ - - - - -- JA IES K- HAHNL , C4y attorney, Bar — /r- -- - - - - - -- --- - - - - -- JECRI L. BliR r r+� City Clak Farm 23 . 1 J ORDINANCE NO.' cJ 4 ?-P An urgency ordinance relating to evictions for the `�- nonpayment of rent pursuant to the Rent Stabilization Ordinance and ax the temporary suspension of certain grounds for eviction in"(`' connection with the declared local emergency relating to the o" January 17, 1994 earthquake. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, the ground for eviction set forth in Los Angeles Municipal Code Section 151. 09 A 1 (nonpayment of rent) shall not apply to any tenant who has not paid rent for any period from January 17, 1994 until the unit is made tenantable, if the tenant did not occupy the unit because: (1) it was rendered untenantable as defined in Civil Code Section 1941.1 as a result of the January 17, 1994 earthquake or any aftershocks, or (2) it has been declared untenantable by the Department of Building and Safety as a result of that earthquake or aftershocks. Sec. 2. Notwithstanding Section 1 above to the contrary, with respect to mobilehome parks, the ground for eviction set forth in Los Angeles Municipal Code Section 151.49 A 1 (nonpayment of rent) shall not apply to any tenant who has not paid rent for any period from January 17, 1994 until the unit is made tenantable, if: (1) the rental relates to both the pad and the coach; and (2) the tenant did not occupy the mobilehome because the mobilehome was rendered untenantable as a result of the January 17, 1994 earthquake or any aftershocks. If the rental relates only to the pad, then this section shall not apply. Sec. 3. The grounds for eviction set forth in Los Angeles Municipal Code Section 151.09 A 2 shall be suspended until May 31, 1994, if the alleged violation by the tenant is related to occupancy of the premises by additional persons displaced by the January 17, 1994 earthquake. Sec. 4. The grounds for eviction set forth in Los Angeles Municipal Cade Sections 151.09 A 7, 9 and 10 shall be suspended until May 31, 1994. Sec. 5. It is the intent of the City Council that this ordinance shall apply to any tenant who has not paid rent for any period from January 17, 1994 until the unit is made tenantable, pursuant to the restrictions in Sections 1 and 2 above, regardless of the effective date of this ordinance. 1 jlb %eq� eviction. X12 Sec. 6. Urgency Clause. The City Council finds and declares that this Ordinance is required for the immediate protection of the public peace, health and safety of its citizens. The City has been severely impacted by the 6.7 magnitude earthquake which occurred early in the morning of January 17, 1994, and aftershocks. The impact on multi - family dwellings and the City's affordable housing stock has been severe. Over 27,000 dwelling units have been ordered vacated. Thousands of people have been displaced. There have been cases of evictions and attempts to impose unreasonable rent increases in violation of the Rent Stabilization Ordinance. This ordinance is necessary to eliminate incentives for persons to violate the rent increase limitations of the Rent Stabilization Ordinance with respect to units damaged as a result of the earthquake. In addition, the emergency shelters are full, and thousands have taken refuge in hotels or with friends and relatives. As a result, the residential displacement caused by the earthquake is enormous. It was never the intent of the City Council to allow eviction for nonpayment of rent under Los Angeles Municipal Code Section 151.09 A 1 of tenants who are temporarily displaced from rental units which are untenantable as a result of an earthquake. Thus, the status of these temporarily displaced tenants under the Rent Stabilization Ordinance must be clarified. Therefore, this Ordinance shall become effective upon publication pursuant to Section 281 of the Los Angeles City Charter. }1b \eq \evicti0n. #2 Sec.- ..--- 2....– ................The City Clerk shall certify to the passage of this I ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify that the foregoing ordinance was passed by the Council of the City-of Los Angeles, at its meetin- of. - - -. -- NAD-T� .1094 .......... ELIAS MARTINEZ , City Clerk, B y ..... � �67e hAR i1 1994 Approved—.- ---------------- ----------------- ....... --- ----------- ...................... . Mayor. Approved as to Form and Legality MARCH 8, 1994 j; iKES - K-- -.' "fi-A,- H --- A-t-t-a--rn'--e-y, ------------ BtlZ ................ L. SURGE, eputy ...................... File No. .�'-F— 94-0082–S17 Cisy0eik Form 23 11 i Article 1 Rent Stabilization Ordinance § 151.09 certain categories of rental units based on such common or covenant of the tenancy and has failed to cure the characteristics as the Commission may determine, including violation after having received written notice from the size, age, construction, rent, or geographic area. landlord, other than a violation based on: B. The Commission shall promulgate regulations on what constitutes corresponding reductions in rents in those instances where there is a reduction of housing services, and on permissible rent increases where a rental unit regularly experiences a seasonal fluctuation in rents. C. For the purpose of adjusting rents under the provisions of this section, the Commission may promulgate by regulation a schedule of standards for permissible rental increases, or required decreases related to the improvement, reduction, or deterioration in housing services or facilities, or to increases or decreases in operating expenses and taxes. A decrease in operating expenses shall include a reclassification of the rate of the sewer service charge from commercial rates to residential rates for master metered mobilehome park residents. (Amended by Ord. No. 168,353, Eff. 1/3/93.) D. The Commission may promulgate regulations extending the amortization period for rent adjustments granted by the Department pursuant to Section 151.07 A, of this chapter, where the capital improvement and /or rehabilitation work has been funded or subsidized through a federal, state or City housing program. (Added by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.) E. The Commission shall promulgate regulations to determine the appropriate maximum adjusted rent on a rental unit when the tenant of a rental unit was, but no longer is, the resident manager, and when a rental unit, formerly occupied by a resident manager, is offered for rent to another person. (Amended by Ord. No. 156,597, Eff. 5/20182, Oper. 5/15/82.) SEC. 151.09. EVICTIONS. (Amended by Ord. No. 154,237, Eff. 8/30/80, Oper. 9/1/80.) A. A landlord may bring an action to recover possession of a rental unit only upon one of the following grounds: 1. The tenant has failed to pay the rent to which the landlord is entitled, including amounts due under Subsection D of Section 151.05. 2. (Amended by Ord. No. 175,130, Eff. 3/31103.) The tenant has violated a lawful obligation (a) The obligation to surrender possession upon proper notice; or (b) The obligation to limit occupancy, provided that the additional tenant who joins the occupants of the unit thereby exceeding the limits on occupancy set forth in the rental agreement is either the first or second dependent child to join the existing tenancy of a tenant of record or the sole additional adult tenant. For purposes of this section, multiple births shall be considered as one child. The landlord, however, has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld; or (c) A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. For purposes of this section, a landlord may not unilaterally change the terms of the tenancy under Civil Code Section 827 and then evict the tenant for the violation of the added covenant unless the tenant has agreed in writing to the additional covenant. The tenant .must knowingly consent, without threat or coercion, to each change in the terms of the tenancy. A landlord is not required to obtain a tenant's written consent to a change in the terms of the tenancy if the change in the terms of the tenancy is authorized by Los Angeles Municipal Code Section 151.06, or if the landlord is required to change the terms of the tenancy pursuant to federal, state, or local law. Nothing in this paragraph shall exempt a landlord from providing legally required notice of a change in the terms of the tenancy. 3. (Amended by Ord. No. 174,974, Eff. 12128/02.) The tenant is committing or permitting to exist a nuisance in or is causing damage to, the rental unit or to the unit's appurtenances, or to the common areas of the complex containing the rental unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the rental complex or within a 1,000 foot radius extending from the boundary line of the rental complex. L.A.M.C. 15 -23 Rev. 10 (2005) Article I Rent Stabilization Ordinance § 151.09 C.3. b. A resident manager, provided that: no alternative vacant unit is available for occupancy by a resident manager; except that where a building has an existing resident manager, the owner may only evict the existing resident manager in order to replace him/her with a new manager. 9. (Amended by Ord. No. 176,544, Eff. 5/2/05.) The landlord, having complied with all applicable notices and advisements required by law, seeks in good faith to recover possession so as to undertake Primary Renovation Work of the rental unit or the building housing the rental unit, in accordance with a Tenant Habitability Plan accepted by the Department, and the tenant is unreasonably interfering with the landlord's ability to implement the requirements of the Tenant Habitability Plan by engaging in any of the following actions: a. The tenant has failed to temporarily relocate as required by the accepted Tenant Habitability Plan; or b. The tenant has failed to honor a permanent relocation agreement with the landlord pursuant to Section 152.05 of this Code. 10. (Amended by Ord. No. 176,544, Eff. 512105.) The landlord seeks in good faith to recover possession of the rental unit under either of the following circumstances: a. to demolish the rental unit; or b. to remove the rental unit permanently from rental housing use. Landlords seeking to recover possession for either of the circumstances described in this subdivision must comply with the requirements of Sections 151.22 through 151.28 of this article. This subdivision is a lawful grounds for eviction only where a landlord is withdrawing from rent or lease all of the rental units in a structure or building. A landlord seeking to evict tenants pursuant to either of the circumstances described in this subdivision may not withdraw from rent or lease less than all of the accommodations in a structure or building. (Para. Added by Ord. No. 177,901, Eff. 9/29/06.) 11. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates the vacating of the building housing the rental unit as a result of a violation of the Los Angeles Municipal Code or any other provision of law. (Amended by Ord. No. 172,288, Eff. 12/17/98.) 12. The Secretary of Housing and Urban Development is both the owner and plaintiff and seeks to recover possession in order to vacate the property prior to sale and has complied with all tenant notification requirements under federal law and administrative regulations. (Added by Ord. No. 173,224, Eff. 5111100.) B. If the dominant intent of the landlord in seeking to recover possession of a rental unit is retaliation against the tenant for exercising his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a rental unit, and if the tenant is not in default as to the payment of rent, then the landlord may not recover possession of a rental unit in any action or proceeding or cause the tenant to quit involuntarily. (Amended by Ord. No. 161,865, Eff. 1/19/87.) C. (Amended by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.) Prior to or at the same time as the written notice of termination described in Civil Code Section 1946, or the three days' notice described in Code of Civil Procedure Sections 1161 and 1161a, is served on the tenant of a rental unit: 1. The landlord shall serve on the tenant a written notice setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason. This notice shall be given in the manner prescribed by Code of Civil Procedure Section 1162. 2. When the termination of tenancy is based on the ground set forth in Subdivision 8. of Subsection A. of this section, then the landlord shall file with the Department a declaration on a form and in the number prescribed by the Department stating the name of the family member to be moved into the rental unit, identification of the family relationship, the date when the family member will move in, the rent presently being charged for the rental unit and the date of the last rent increase. This declaration shall be served on the tenant in the manner prescribed by Code of Civil Procedure Section 1162 in lieu of the notice required in Subdivision 1 of this subsection. 3. When a termination of tenancy is based on the ground set forth in Section 151.09 A.9. of this Code, the landlord shall file with the Department a L.A.M.C. 15 -25 Rev. 19 (2007) § 151.09 C.3. RENT STABILIZATION ORDINANCE declaration on a form prescribed by the Department that sets forth the address of the rental unit, the name of the tenant, a copy of the Tenant Habitability Plan accepted by the Department, documentation of the landlord's good faith efforts to provide notice pursuant to Section 152.00 et seq. of this Code, documentation of efforts to provide relocation assistance, if applicable, and the reason for the termination with specific facts, including but not limited to the date, place, witnesses and circumstances concerning the reason for termination. This declaration shall be served on the tenant in the manner prescribed by Section 1162 of the California Code of Civil Procedure in lieu of the notice required in Subdivision 1. of this subsection. (Amended by Ord. No. 176,544, Eff. 5/2/05.) 4. When the termination of the tenancy is based on either of the grounds set forth in Subdivision 10. of Subsection A. of this section, the landlord must comply with the requirements of Sections 151.22 through 151.28 of this article. The requirements of Sections 151.22 through 151.28 of this article are in lieu of the notice required in Subdivision 1. of this subsection. (Amended by Ord. No. 177,901, Eff. 9/29/06.) 5. When the termination of tenancy is based on the ground set forth in Subdivision 11. of Subsection A. of this section, then the landlord shall file with the Department a declaration on the form and in the number prescribed by the Department stating that the landlord intends to evict in order to comply with a governmental agency's order to vacate the building housing the rental unit. The landlord shall attach a copy of the order to vacate to this declaration. This notice shall be served on the tenant in the manner prescribed by Code of Civil Procedure Section 1162 in lieu of the notice required in Subdivision 1. of this sub- section. (Added by Ord No, 164,685, Eff. 5/11/89.) 6. When the termination of tenancy is based on the ground set forth in Subdivision 3. or 4. of Subsection A. of this section because of alleged illegal drug activity, then the landlord shall file with the Department a declaration on a form and in the number prescribed by the Department setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason. (Added by Ord. No. 164,781, Eff. 6/5/89.) 7. When the termination of tenancy is based on the grounds set forth in Subdivision 3. or 4. of Subsection A. of this section because of alleged drug- Chapter XV related nuisance, illegal drug activity or gang - related crime as those terms are defined in Section 47.50 A. of this Code, and the landlord desires to raise the rent upon re- rental of the rental unit pursuant to Section 151.06 C. of this Chapter, then the landlord shall file with the Department a declaration on a form and in the number prescribed by the Department setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and cir- cumstances concerning the reason, including the name of the person and /or the organizational affiliation of the law enforcement or prosecution agency that pro- vided the landlord with the information upon which the notice of intent to terminate the tenancy will be based. (Amended by Ord. No. 171,442, Eff. 1/19/97.) 8. When the termination of tenancy is based on the grounds set forth in Subdivision 12. of Subsection A. of this section, the Secretary of Housing and Urban Development, or the Secretary's representative, shall file with the Department a declaration on a form and in the number prescribed by the Department stating that the Secretary has complied with all tenant notification requirements under federal law and administrative regulations. (Added by Ord. No. 173,224, Eff. 5111100.) D. A landlord shall not change the terms of a tenancy to prohibit pets and then evict the tenant for keeping a pet which was kept and allowed prior to the change, unless the landlord can establish that the pet constitutes a nuisance and the nuisance has not been abated upon proper notice to the tenant. (Amended by Ord. No. 154,736, Eff. 1/9/81; Amended by Ord. No. 174,488, Eff. 4/1/02; Ord. No. 174,488 Repealed by Ord. No. 174,501, Eff. 4/11/02.) E. In any action by a landlord to recover possession of a rental unit, the tenant may raise as an affirmative defense any violation of the provisions of this chapter. Violation of Subsections A., B. or D. of this section shall not constitute a misdemeanor. (Amended by Ord. No. 166,130, Eff. 9/16/90.) F. In any action by a landlord to recover possession of a rental unit the tenant may raise as an affirmative defense the failure of the landlord to comply with Section 151.05 A. of this chapter. (Added by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.) G. If the termination of tenancy is based on the grounds set forth in Subdivisions 8., 10., 11., or 12. of Subsection A. of this section, then the landlord shall pay a relocation fee of: $14,850 to qualified tenants and a $6,810 fee to all other tenants who have lived in their rental unit for fewer than three years, or $17,080 to qualified tenants and Rev. 19 (2007) 15 -26 L.A.M.C. Article 1 Rent Stabilization Ordinance § 151.09 GA. a $9,040 fee to all other tenants who have lived in their rental unit for three years or longer, or $17,080 to qualified tenants and $9,040 to all other tenants whose household income is 80 percent or below Area Median Income (AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of tenancy. If more than one fee applies to a rental unit, the landlord shall pay the highest of the applicable fees. Tenants who claim eligibility based on their income shall file a statement with the Housing Department verifying their income on a form prescribed by the Housing Department. The Housing Department shall charge a fee of $186 per rental unit to resolve any disputes regarding tenant income eligibility. For the year beginning July 1, 2008, and all subsequent years, the fee amounts shall be adjusted on an annual basis pursuant to the formula set forth in Section 151.06 D. of this Code. The adjusted amount shall be rounded to the nearest $50 increment. The above listed relocation assistance fees will sunset on July 1, 2008, unless the City Council acts by resolution to extend these provisions. If these provisions are not extended, the following amount will become effective on July 1, 2008: $17,080 to qualified tenants and a $9,040 fee to all other tenants. (Amended by Ord. No. 178,632, Eff. 5/26/07.) 1. (Amended by Ord. No. 178,632, Eff. 5/26/07.) This payment shall be made as follows: a. The entire fee shall be paid to a tenant who is. the only tenant in a rental unit; b. If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro -rata share of the fee; c. Nothing in this subsection relieves the landlord from the obligation to provide relocation assistance pursuant to City administrative agency action or any other provision of local, state or federal law. If a tenant is entitled to monetary relocation benefits pursuant to City administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a credit against any fee required to be paid to the tenant under this section. d. If the termination of tenancy is based on the grounds set forth in Subdivisions 8., 10., 11. or 12. of Subsection A. of this section, then the landlord shall also pay the City a fee for the purpose of providing relocation assistance by the City's Relocation Assistance Service Provider, as defined in Sections 47.06 B. and 47.07 B. of this Code. The fee shall be $640 for each unit occupied by a qualified tenant and $400 for each unit occupied by other tenants, and an additional $55 per unit to pay for the administrative costs associated with this service. The fees, set forth above, may be increased in an amount based on the Consumer Price Index - All Urban Consumers averaged for the first 12 -month period ending September 30, of each year, as determined and published by the Housing Department on or before May 30, of each year, pursuant to Section 151.07 A.6. of this Code. The Relocation Assistance Service Provider will provide the relocation assistance services listed in Sections 47.06 D. and 47.07 D. of this Code. 2. The landlord shall perform the acts described in this subsection within fifteen days of service of a written notice of termination described in California Civil Code Section 1946; provided, however, the landlord may in its sole discretion, elect to pay the monetary relocation benefits to be paid to a tenant pursuant to this subsection to an escrow account to be disbursed to the tenant upon certification of vacation of the rental housing unit. The escrow account shall provide for the payment prior to vacation of all or a portion of the monetary relocation benefits for actual relocation expenses incurred or to be incurred by the tenant prior to vacation, including but not limited to security deposits, moving expense deposits and utility connection charges. Escrow accounts shall provide that, in the event of disputes between the landlord and the tenant as to the release of funds from escrow, the funds in dispute shall be released to the Department for final determination. The Rent Adjustment Commission shall establish guidelines for the establishment of these escrow accounts, the certification of vacation and pre - vacation disbursement requests. 3. The requirement to pay relocation assistance is applicable to all rental units, regardless of whether the rental unit was created or established in violation of any provision of Law: 4. Exceptions. This subsection shall not apply in any of the following circumstances: a. (None); b. The tenant received actual written notice, prior to entering into a written or oral tenancy agreement, that an application to subdivide the property for condominium, stock cooperative or community apartment purposes was on file with the City or had already been approved, whichever the case may be, and that the existing building would be demolished or L.A.M.C. 15 -27 Rev. 19 (2007) § 151.09 G.4. RENT STABILIZATION ORDINANCE Chapter XV relocated in connection with the proposed new subdivision, and the termination of tenancy is based on the grounds set forth in Subdivision 10. of Subsection A. of this section. (Amended by Ord. No. 176,544, Eff. 5/2/05.) c. The tenant received actual written notice, prior to entering into a written or oral agreement to become a tenant, that an application to convert the building to a condominium, stock cooperative or community apartment project was on file with the City or had already been approved, whichever the case may be, and the termination of tenancy is based on the grounds set forth in Subdivision 10. of Subsection A. of this section. (Amended by Ord. No. 176,544, Eff. 5/2/05.) d. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by a resident manager, provided that the resident manager is replacing the existing resident manager in the same unit. For the purposes of this exception, a resident manager shall not include the landlord, or the landlord's spouse, children or parents; e. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency's order to vacate the building housing the rental unit due to hazardous conditions caused by a natural disaster. H. In any action by a landlord to recover possession of a rental unit, the tenant may raise as an affirmative defense the failure of the landlord to comply with Subsection G. of this section. In addition, any landlord who fails to provide monetary relocation assistance as required by Subsection G. of this section shall be liable in a civil action to the tenant to whom such assistance is due for damages in --the-amount-the landlord has failed to pay, together with reasonable attorney fees and costs as determined by the court. (Added by Ord. No. 160,791, Eff. 2/10/86.) I. If the termination of tenancy was based on the grounds set forth in Subdivision 8. of Subsection A. of this section, the landlord shall file with the Department a declaration on. a form prescribed by the Department within ten calendar days of the re- rental of the rental unit. (First Sentence Amended by Ord. No. 177,901, Eff. 9/29/06.) This declaration shall indicate the address of the rental unit, the date of the re- rental, the amount of rent being charged to the current tenant, the name of the current tenant and such further information as requested by the Department. (Amended by Ord. No. 177,103, Eff. 12/18/05.) J. If the notice served pursuant to Section 151.09 C.1. of this Code indicates that the landlord seeks to recover possession of the rental unit because the number of occupants exceeds the standards set forth in Section 91.1207 of this Code, then the landlord in good faith shall offer to the tenants a comparable rental unit which would resolve the overcrowding problem, in accordance with such guidelines as may be promulgated by the Rent Adjustment Commission. Further the written notice of termination described in Civil Code Section 1946 or the three days' notice described in Code of Civil Procedure Section 1161, shall give the tenant the opportunity to comply with the requirements of Section 91.1207 of this Code, also in accordance with such guidelines as may be promulgated by the Rent Adjustment Commission. (Added by Ord. No. 161,865, Eff. 1/19/87.) K. (Repealed by Ord. No. 177,103, Eff. 12 /18/05.) L. Other Displacements. (Added by Ord. No. 169,372, Eff. 3/1/94.) 1. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, if a tenant of a unit subject to the City's Rent Stabilization Ordinance is forced to vacate her/his unit as a result of the January 17, 1994 earthquake and aftermath, and if the landlord desires to re -rent that unit, then, prior to offering the unit to any other tenant and within 30 days after completion of repairs to the unit, the landlord shall offer in writing to the tenant the same unit under the same terms and conditions as existed prior to her/his displacement, except that the landlord may apply for a rent increase as may be approved by the City's Rent Stabilization Division, or by the Rent Adjustment Commission on appeal, pursuant to the City's Rent Stabilization Ordinance. 2. The tenant shall have five days after receipt of the landlord's offer to inspect the unit and accept or reject the offer. If accepted, the tenant shall occupy the unit within 30 days from the date of acceptance of the offer. 3. The tenant shall, within 45 days of the effective date of the ordinance, provide written notice to the landlord of the tenant's interest to reoccupy the rental unit once all necessary repair work has been completed: The tenant who desires to reoccupy the rental unit shall furnish the landlord with the tenant's current address and shall notify the landlord in writing of any change of address. If a tenant is unable to ascertain an address of the landlord to which the notice can be sent, the tenant may file a copy of the notice with the City's Rent Stabilization Division, and this Rev. 19 (2007) 15 -28 L.A.M.C. Article 1 Rent Stabilization Ordinance § 151.09 LA. notice shall constitute compliance by the tenant with the obligation to notify the landlord. Upon request by the landlord, the Rent Stabilization Division shall provide the landlord with any copies of any written notices received by the Rent Stabilization Division. 4. The costs of rehabilitation which are necessary before re- renting a unit which was damaged as set forth in Subdivision I above, which costs were not reimbursed by insurance proceeds, or by Federal, State, or local grant funds, or by any other means (such as a satisfied judgment), may be passed through to the tenant by utilization of the process set forth in the Rent Stabilization Ordinance. The landlord may serve a 30 -day notice (as required by state law) of a proposed rent increase on the tenant 15 days after the landlord has applied to the Rent Stabilization Division for such an increase. The landlord shall not accept or demand a rent increase from the tenant until the landlord receives the City's approval of the rent increase. The Rent Stabilization Division shall inform. the landlord and tenant of all their rights regarding the proposed rent increase as currently required by the City's Rent Stabilization Ordinance. L.A.M.C. 15 -28A Rev. 19 (2007) RENT STABILIZATION ORDINANCE Chapter XV Rev. 19 (2007) 15 -28B L.A.M.C. Im Y ORDINANCE NO. 1 9 Q -�_ An urgency ordinance relating to the temporary displacement of tenants of rental units damaged during the declared local emergency relating to the January 17, 1994 earthquake. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLQWS: Section 1. Section 151.09 of the Los Angeles Municipal Code is hereby amended by adding a new Subsection L thereto to read: L. OTHER DISPLACEMENTS. 1. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, if a tenant of a unit subject to the City's Rent Stabilization Ordinance is forced to vacate her /his unit as a result of the January 17, 1994 earthquake and aftermath, and if the landlord,desires to re -rent that unit, then, prior to offering the unit to any other tenant and within 30 days after completion of repairs to the unit, the landlord shall offer in writing to the tenant the same unit under the same terms and conditions as existed prior to her /his displacement, except that the landlord may apply for a rent increase as may be approved by the City's Rent Stabilization Division, or by the Rent Adjustment Commission on appeal, pursuant to the City's Rent Stabilization Ordinance. Z. The tenant shall have five days after receipt of the landlord's offer to inspect the unit and accept or reject the offer. If accepted, the tenant shall . occupy the unit within 30 days from the date-of acceptance of the offer. 3. The tenant shall, within 45 days of the effective date of the ordinance, provide written notice to the landlord of the tenant's interest to reoccupy the rental unit once all necessary repair work has been completed. The tenant who desires to reoccupy the rental unit shall furnish the landlord with the tenant's current address and shall notify the landlord in writing of any change of address. If a tenant is unable to ascertain an address of the landlord to which the notice can be sent, the tenant may file a copy of the notice with the City's Rent Stabilization Division, and this notice shall constitute compliance by the tenant with the obligation to notify the landlord. Upon request by the landlord, the Rent Stabilization Division shall provide the landlord with any copies of any-written' notices received by the Rent Stabilization Division. - 1 - RSO -EQ.#S - 02%15/94.10:19 C 4. The costs of rehabilitation which are necessary before re- renting a unit which was damaged as set forth in subdivision l above, which costs were not reimbursed by insurance proceeds, or by Federal, State, or local grant funds, or by any other means (such as a satisfied judgment), may be passed through to the tenant by utilization of the process set forth in the Rent Stabilization Ordinance, The landlord may serve .a 30- day notice (as required by stateTlaw) of a proposed rent increase on the tenant 15 days after the landlord has applied to the Rent Stabilization Division for such an increase. The landlord shall not acceptor demand a rent increase from the tenant until the landlord receives the City's approval of the rent increase. The Rent Stabilization Division shall inform the landlord and tenant of all their rights regarding the proposed rent increase as currently required by the City's Rent Stabilization Ordinance. 5. If a tenant either fails to accept -the offer, give notice, or take possession of the rental unit, within the applicable time periods described, the landlord shall be free to offer the unit to any tenant, subject to the requirements of the bent Stabilization Ordinance. 6. A landlord who attempts to re -rent a unit, but refuses to allow a tenant to return to her /his home under this subsection shall be guilty of a misdemeanor. Any person who violates this subsection shall also be liable in a civil action for damages-and /or injunctive relief, if appropriate, together with reasonable attorneys' fees and costs as determined by the court. 7. The landlord's offers and notices required shall be given in the manner prescribed by Code of Civil Procedure Section 1162 or by certified mail. The tenant shall give any acceptance or notice by first class mail or by utilizing the procedures set forth in Section 1162 at the tenant's option. If any notice, offer, or acceptance is given by mail, then the postmark date shall be deemed the date of that notice, offer, or acceptance., 8. The Rent Stabilization Division shall attempt to notify affected tenants and landlords of the provisions of the ordinance and may devise any forms it deems necessary to implement the ordinance for use by landlords and tenants. The Rent Adjustment Commission shall have the authority to promulgate any rules and regulations it deems necessary to implement the ordinance. - 2 - M -EQ. #5 - 02/15194.10:19 Y ; F : 9. The provisions of this subsection shall apply to tenants regardless of whether or not their security deposits were returned in accordance with state law. 10. The provisions of this subsection shall not apply to any tenant whose tenancy was the subject of a judicial proceeding to terminate the tenancy prior to January 17, 1994, if that proceeding results in a final judgment terminating the tenancy. Sec. 2. Urgency Clause. The City Council finds and declares that this ordinance is required for the .immediate protection of the public peace, health and safety of its citizens. The City has been severely impacted by the 6.7 magnitude earthquake which occurred early in the morning of January 17, 1994 and aftermath. The impact on multi- family dwellings and the City's affordable housing stock has been severe., fiver 27,000 dwelling units have been ordered vacated. Thousands of people have been displaced. There have been cases of evictions and attempts to impose unreasonable rent increases in violation of the Rent Stabilization Ordinance. This ordinance is necessary to eliminate incentives for persons to violate the rent increase limitations and vacancy control provisions of the Rent Stabilization Ordinance with respect to units damaged as a result of the earthquake. in addition, the emergency shelters are full, and thousands have taken refuge in hotels or with friends and relatives. As a result, the residential displacement caused by the earthquake is enormous. it was never the intent of the City Council to allow permanent eviction of tenants who are temporarily displaced from rental units which are untenantable as a result of an earthquake. Thus, the status of these temporarily displaced tenants under the Rent Stabilization Ordinance must be clarified. Therefore, this ordinance shall become effective upon publication pursuant to Section 281 of the Los Angeles City Charter. - 3 - RM -90.95 - 02/15/94.10:19 Sec ------ City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify that the foregoing ordinance was ccpassed by the .Council of the City�of Los Angeles, at its meeting of ------- l._E ELIA INfiE�Z Clerk, fi By - - - - - -- --___ Deputy. Approved-------------- ----------------- ---------- - - -- Approved as to Form and Legality Attorney, - ---------------------- JAINIES K. HAHN, City 4 File No.----- �._C_'� O�� _S 17 City Cink Form 23 -------------------------------- -.................... �. , Mayor. Said ordinance was presented to the Mayor on February 16, 1994; the Mayor returned said ordinance to the City Clerk on February 28, 1994 without his approval or his objections in writing, being more than ten days after the same was presented to the Mayor. - Said ordinance shall become effective and be as valid as if the Mayor had approved and signed it. (Sec. 30, City Charter) C.F. 94- 0082 -S17 I] t 4 � .c Jonnie Perrot 73 Toyon Ct. Rohnert Park, CA. January 2, 200E City Clerk of the City of Los Angeles 200 N. Spring St., #395 Los Angeles, CA 90012 Subject: Amendment to Rent Stabilization Ordinance Enacted Feb 15, 1994 (see enclosed article To Whom It May Concern: 94928 Please provide me with the following information in relation to the aforesaid L.A. ordinance amendment. 1 . Municipal Code Section of Ordi nance(s> A �o`— }- 1t�Ci31� `_ 2. Was any legal action ever brought by mobilehome park owners contesting t h i s amendment?) Yes No If yes, attach a brief summary. 3. Is this amendment still in effect? a- Y e s No Thank you for your prompt attention. I have provided a stamped envelope for the convenience of your reply. Enclosure �H310�� zz :� Na �- fi r gan Sincerely, JONNIE PERROT By _ City Clerk's Office City of Los Angeles S E P 1 1 2007 CITY OF ROHNERT PARK DATE: Sept. 11, 2007 TO: Rent Appeals Board (copy to City Council w /enclosures) FROM: Jonnie Perrot, Valley Village SUBJECT: Proposed Ordinance Amendment: Temporary Rent Reduction for Mobilehomes Damaged as a Result of Natural Disaster PLEASE PLACE THIS MATTER ON THE AGENDA. As you know, Rohnert Park's 5 mobilehome parks have a total of approx. 1,300 spaces. If we have a major earthquake, there's no question that many of the coaches on these spaces will be damaged to one extent or another. In fact, I imagine there will be quite a few coaches rendered uninhabitable if not burned to the ground. See the attached findings of the Seismic Safety Commission in the wake of the 1994 Northridge quake (mag. 6.8). Indeed, the USGS predicts that if we had a similar magnitude quake on the Rodgers Creek Fault 5 mi les to the east of Rohnert Park, the ground would shake 48x as hard as it did during the Northridge quake because of the nature of Bay Area fault ruptures: Almost all of the major faults in the Bay Area are strike -slip faults where the rupture extends almost vertically into the ground and the ground on one side moves past the ground on the other side of the fault. Thrust faults, where ground moves over adjacent ground, are much more common in the Los Angeles area. On Shaky Ground, Assoc. of Bay Area Governments, April 1995 Technically, the only way in which the homeowners can get out from under their obligation to pay monthly space rent in this situation would be by filing a tenant petition with the Rent Appeals Board under sec. 9.70.060(B)(1)(a) of the Ordinance (reduction of services). Of course, the ability of a homeowner to file such a petition rests on the assumption that City Hall, will be up and running. If not, the filing of petitions will be delayed. And note that any decision by the Rent Appeals Board is effective back to the date of filing; not the date of the incident itself. Rent Appeals Board re: Proposed Ordinance Amendment 9/11/07 2 In any event, at such time residents are able to make their claims, Rent Appeals Board staff will most surely have to process a mountain of tenant petitions. There is a better way! All of this would be nipped in the bud were the City to enact the attached proposed amendment. Note that the attached draft is a modification of the attached L.A. Ordinance, which is slightly different in that the L.A. rent control ordinance does not have a provision by which a tenant can file a petition when a service reduction occurs. Hence the reference to an eviction clause re nonpayment of rent. A Procedural Note. When I appeared before the Board in 1995 to present my argument regarding certain proposed amendments to the Ordinance [most of which were enacted by the City Council, e.g., secs. 9.70.042, 9.70.044], 9.70.150] , I was advised that I had to first appear before City Council and request that the Council refer the matter back to the Board, and only then could I make my presentation, after which the Board would make its recommendation back to the Council. When I recently mentioned to someone on the Council (who sat for many years on the Planning Commission), that I would have to appear before the Council on this matter, and explained why, I was told that I had been previously misinformed -- that matters such as this are to be initiated at the Commission [Board] level. Just to be on the safe side, I confirmed this with the City Clerk on 9/11/07, who suggested that a copy of this proposal be sent to the Council. NORTHRIDCF. The Commission is not recommending that Puilders, plan checkers, ind inspectors do more but that they do it more carefully. N o r t h r i d g e E a r t h q u, a k e when present on the job site, many design pro- fessionals avoid it, so major design and construc- tion substitutions or changes that affect seismic safety are quite often made during construction. Recommendations The Commission recommends that: CBSC amend the administrative portions of the codes in California to require profession- als who are drawing plans for engineered por- tions of buildings to include and clearly iden- tify on those plans all vertical and horizontal elements of lateral force resisting systems and their connections. • Local governments initiate efforts to reduce the seismic risk in vulnerable wood -frame buildings such as collapse -risk apartment buildings with "soft" stories. Manufactured Housing As in every recent earthquake, damage to manu- factured housing, or mobile homes, was all too common. Numerous studies have found that the performance of mobile homes in California earthquakes is significantly worse than that of conventional wood -frame dwellings. Because of their light weight, closely spaced walls, and the requirement that they withstand the trailer ride from factory to site without dam- age, the mobile home itself has been generally regarded by engineers as roughly equivalent in earthquake resistance to conventional wood- Number of mobile home parks affected 69 Number of mobile homes in affected parks 9,095 Number of mobile homes in affected parks that fell off jackstands or shifted to the point they required reinstallation 5,412 Number of mobile homes that burned 172 Nearly 60 percent of affected mobile homes fell off their foundations (King, 1994). page 58 T u. r n i n g L o s s t o G a i„ frame construction. The federal Department of Housing and Urban Development regulates all manufactured, parts of mobile homes above their chassis. With the exception of toppled water heaters and broken gas lines, the seismic perfor- mance of mobile homes above their chassis were similar to, if not better than, conventional, single - family wood -frame residences. The primary seismic weaknesses in mobile homes are the foundations on which the homes are placed. Mobile homes are generally installed on jacks or other supports without regard to wind or seismic forces. These are supposed to be state - regulated and enforced by either the state's Department of Housing and Community Devel- opment (HCD) or local governments. However, at the time of the Northridge earthquake, state regulations for mobile home installations were notoriously weak. Although recent legislation al, plicable to new installations will begin to change this, existing mobile homes remain vulnerable. Earthquake- activated shut -off valves would prob- ably have prevented some of the fires. However, according to HCD, some of the mobile homes that burned had shifted several feet and sev- ered their gas Iines, so individual earthquake - activated gas shut -off valves at the homes would not have prevented these fires. Fires also were started when water heaters toppled and sev- ered their gas lines. Redesigning the gas connec- tions for individual mobile homes to reduce the chance of breakage and installing master shut -off valves that cut off the gas flow at park entrances will reduce the risk of fire. Figure 47 depicts fire damage to mobile homes. Earthquake resistant bracing (ERB) systems and other techniques can keep mobile homes from shifting off their foundations in earth- quakes. A very small number of mobile homes had these bracing systems installed at the time of the Northridge earthquake. The study of Northridge earthquake mobile home damage by the National Conference of States on Building Codes and Standards found that ERB systems typically kept mobile homes from dropping more than two inches and re- duced the horizontal movement. `Damage to k�'� � A i .A c h' ,i e o i' n g S e i s m i c S a f e t y i n B u i l d i n g s units with ERB systems. appeared to be less se- vere than damage to units that did not have ERB systems and that, consequently, were knocked to the ground" (NCSBCS,1994). HCD estimated that a typical repair cost for a 24 -by -60 -foot unit is $17,400. Though relatively low compared to other damage figures, it is significant as mobile homes are extremely low -cost housing units in many areas and often sell for a similar amount. The average damage cost is significantly higher than average costs for ERB systems, which range from $750 to $3,000. According to HCD's case -study letter report on mobile homes, "The earthquake bracing systems that were in place at the time of the earthquake were systems that would not be approved under recently enhanced standards. Many of these sys- tems were not certified or installed under permit since they predate the permit and inspection re- quirements. Where homes were fitted with ap- proved systems, the systems performed as de- signed and prevented the homes from falling to the ground. There was still damage to the con- tents of the homes that moved laterally. In at least two homes, the earthquake bracing systems caused such serious damage to the steel chassis that the homes were `totaled' by the insurance companies" (King, 1994). Data on the perfor- mance of bracing systems in eight mobile home parks indicate that two of nine systems per- formed well; the other seven were somewhat helpful but had design inadequacies or were not properly installed. HCD has been certifying products as comply- ing with an HCD standard for ERB systems since September 1985 and, since January 1990, has performed site inspections when these products are installed. A system is not required for either a newly installed or existing mobile home, but if an owner chooses to pur- chase one of the approximately 20 different systems available, it must be installed to meet the HCD standard. There is less consensus concerning engineering techniques for mobile home foundations than for wood -frame dwell - ings. Nevertheless, most engineers would gen- erally agree that "properly designed [ERB sys- tems] can enhance resistance to ground motions, and help 7CAUSE OF FIR ES to prevent the top- piing of home shifted several feet and tuned housing units sing units sheared off utility lines where they in an earthquake" came out of the ground (Pearson et al., Gas -fired water heater 1993). Miscellaneous or unknown From a life safety HCD Earthquake Response standpoint, the poor tics from a survey of mobil performance of sup- heavily shaken area (King, ports for mobile homes poses a danger greater than wood - frame dwellings, but not as great as some other kinds of construction such as URM buildings. Mobile homes do not collapse when thrown off their supports; occupants receive a violent but not usually life - threatening ride. However, injuries can be expected to be higher in unbraced mobile homes than in conven- tional wood -frame dwellings because occu- pants and contents are thrown about, and oc- casionally the steel jackstands penetrate the floor (see Figure 48). Exit doors in mobile homes can also become stuck closed, creating a serious threat to life in the all- too - likely event of post - earthquake fire. As of July 1994, Governor Wilson had signed Senate Bill 750 (Roberti) which requires sup- port attachments and tiedowns on new instal- lations. Under this new law, HCD also will de- velop a standard for connecting concrete block Report tabulated these stat, e home parks in the most 1994). Figure 47. One hundri seventy -two mobile homes burned in this earthquake. Fires most often started because & severed gas lines. page 59• . t PROPOSED AMENDMENT Sec. 9.70.160. Temporary Rent Reduction for Mobilehomes Damaged as a Result of Natural Disaster. If a mobilehome is made untenable because of damage to utility - related facilities on a mobilehome pad or a shut -off of any utility to the mobilehome pad as a result of a natural disaster and its aftermath, where park management has the obligation to effect the necessary repairs to the utility system or facilities, a homeowner - resident is not required to pay the rent otherwise allowed nor petition the Board pursuant to sec. 9.70.060(B)(1)(a) of this chapter for those days that the utility was or is not provided. Once the facilities or services to the pad have been replaced or restored, the homeowner- resident shall be required to pay the rent allowed pursuant to this chapter for the period after that repair, replacement or restoration. LA Passes Ordinance for MH quake rent relief on Feb. 15, the Los Ange- les' City Council, by a 15 to 0 vote, enacted a new section to their Rent Stabilization Ordi- nance that gave temporary space rent relief, to mobile - home owners when the park cannot provide utilities service due to earthquake damage. The Ordinance section titled "Temporary Eviction Controls and Rent Reductions for Mo- bile Home Damaged in the January, 1994 Earthquake," states: "The ground for evic- tion set forth in Section 151.09 A I (nonpayment of rent) of the Los Angeles Municipal Code shall not apply if a mo- bile home within a mobile home park was made un- tenable on or after Jan. 17, 1994, because of damage to utility - related facilities on a mobilehome pad or a shut off of any utility to the mobile home pad as a result of the earthquake and its aftermath, where park management has the obligation to effect the nec- essary repairs to the utility sys- tem or facilities. A tenant is not required to pay the rent otherwise allowed pursuant to the Rent Stabilization Ordi- nance for those days that the utility was or is not provided. Once the utility facilities or services to the pad have been repaired, replaced or restored, the tenant shall be required to pay the rent allowed pursuant to the Rent Stabilization Ordi- nance for the period after that repair, replacement or restora- tion." The Council declared an "Urgency Clause" on this sec- tion and the law is effective immediately for 90 days after Feb. 15 and starting on the day of the quake Jan. 17. RECEIVED Steve Donley, City Manager City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 Dear City Manager Donley, 5297 Aero Drive Santa Rosa, CA 95403 Tel: 707 - 577 -7600 Fax: 707 -577 -7621 W NWffffl1QCqtq MISCELLANEOUS COMMUNICATIONS a.ao.o8 AGENDA 6� COPY TO: COPY TO: Strong partnerships are increasingly vital to delivering quality, cost - effective, community services. This is particularly true in an era of fiscal constraints. We value our partnership with you and are devoted to strengthening our relationship to better serve our neighbors in need. We have included our latest annual report to give you a more complete picture of how we are working to help communities prevent, prepare for and respond to emergencies. Whether it is training county employees or church members to work in emergency shelters, teaching First Aid and CPR to vineyard employees, or training bilingual youth to work as lifeguards, our work is best done together. As you read the annual report, you may have ideas about how we can better work with you to serve our basic shared interest: a safer and better prepared community. We appreciate your time and support, and look forward to our cooperation in the future. Sincerely, Tim Miller Chief Executive Officer American Red Cross Sonoma & Mendocino Counties Chapter Tel: 707 -577 -7607 tmiller @aresm.org Rodger Doncaster Disaster Services Director American Red Cross Sonoma & Mendocino Counties Chapter Tel: 707 -577 -7609 rdohcaster @aresm.org O d d .O d dl �s N V i d H. i y IA h r.� G y 9 E i i �oEaJ Q LL W Nf s ..................... ai y T V iq,. i N � N c s V c� An o ® 0 � o U p O E 0 = N Y d fCS N C� C � V O = LL p U) G y 9 E i i �oEaJ Q LL W Nf s ..................... ai y T V iq,. i i s 1i V V > > Y Q ._ _......_ ............. .......... .............. ......... 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J, ................ .................... ...... ................. ........... > o E > > &D S, of c C, co E w 10 Gi jw; w CD 0 3 w C, E E E ° b 0 -0 %lo C) .................. ........................... ............ .................................. ........... Z3 E 0 E I (u - IT IS O Y 4= E E= w C' a- E E w E— oo u --5 -- -'::' 0) H "W -K3 r-- kO uNO C) Cl- a) C:) > C m 0 11 E -2 0 — 2 E!, C) Rt V al Oc W co Lo -X7 a) E — n- >'v -cy —1) E cs CL) CL W E r-- u A, ri- > r cd -0 CL E 0 0::: .................................. North Bay Corporation Redwood Empire Disposal PO Box 1915 Santa Rosa, CA 95402 -1916 Tel. 707 -588 -5533 Fax 707 -58 &5543 C eou�. illltiEOITV Argo RECEIVED FEB 1 9 2008 c� o CITY OF 7ERT PAR} C �.�o•og Me m aAm cpe to To: City of Cloverdale, City of Cotati , City of Healdsburg , City of Rohnert Park, City of Santa Rosa, City of Sebastopol, Town of Windsor, and the County of Sonoma CC: Sonoma County Waste Management Agency From: Jim Salyers President, North Bay Corp. Redwood Empire Disposal Date: 2/19/2008 Re: Curbside Plastic Bag Recycling "Bag Your Bag" Program Announcement Effective immediately our recycling processing facility in Santa Rosa which processes all recyclable materials for the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa, Sebastopol Town of Windsor, and Unincorporated areas of Sonoma County will accept and process plastic bags (LDPE and LLDPE), including grocery store bags, as part of an expanded County-wide pilot of a "Bag Your Bag" curbside plastic bag collection program. The 150,000 residential customers in the above mentioned jurisdictions can now "bag their bags" in their blue single stream cart. We ask residents to place multiple plastic bags into one bag in order to keep the bags as clean and dry as possible. The outside bag should be tied off so that it keeps the multiple bags inside it in place and clean to assure effective processing and recycling. We are proud to be on the forefront on the issue of curbside plastic bag recycling. Since 2006 plastic bags from Petaluma's Single Stream recycling program have been accepted at our facility at 3400 Standish Ave. in Santa Rosa. When North Bay Corporation and Redwood Empire Disposal acquired the facility in January of this year we took over and continued Petaluma's curbside recycling processing. We expanded our operations in anticipation of a County-wide plastic bag curbside collection program. Based on the overwhelming positive reaction to the concept of a County-wide curbside plastic bag collection program at the February 14, 2008 Mayor's and Council meeting, we are making the program a top operational priority. North Bay Corporation and Redwood Empire Disposal recently completed a successful residential bag sorting pilot study with the bags that we process from the City of Petaluma's curbside collection program at our recycling processing facilities in Santa Rosa. Since the inception of our pilot program we have processed over 195,000 lbs of plastic bags. Successful recyclable material collection and processing is ultimately determined on whether or not there is a "market" or manufacturer that can accept the commodity and utilize it as a source material within their operations. There are several new distributors we are proud to be working with that recently have become willing to accept plastic bags from a curbside collection programs and route the bags to a manufacturer that can process them and make them into a new products. The North Bay Corporation and Redwood Empire Disposal residential curbside "Bag Your Bag" pilot program will run for 6 months. At the end of the 6 -month period we will report the program results to each of the above mentioned jurisdictions.