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2015/10/13 City Council Agenda Packet City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 794-9248 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, October 13, 2015 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPFA agendas and minutes may be viewed at the City’s website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park Joint Regular Meeting Agenda October 13, 2015 for City Council/RPFA/CDC Successor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor’s Certificate of Recognition: Honoring the Department of Public Safety Explorers for their Dedicated Service to the Rohnert Park Community B. Russian River Watershed Association request for support of concept regarding a safe medicine disposal ordinance for Sonoma County from Mark Landman 4. SSU STUDENT REPORT By Jasmine Delgadillo, Involvement Senator, Sonoma State University Associated Students, Inc. (SSU ASI) for Shannon Garcia, Legislative Representative 5. DEPARTMENT HEAD BRIEFING 6. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 7. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, September 22, 2015 2. City Council and Parks and Recreation Commission Joint Special Meeting, August 25, 2015 B. Acceptance of Reports for: 1. City Cash Report for Month Ending in August 2015 C. City Council Resolutions for Adoption: 1. 2015-165 Approving and Adopting the Plans and Specifications for Magnolia Park Tennis Court Rehabilitation (Project Number 2015-02), Awarding the Construction Contract to DRYCO Construction, Inc., and Finding the Project Exempt from CEQA, and Authorizing Appropriation Increases City of Rohnert Park Joint Regular Meeting Agenda October 13, 2015 for City Council/RPFA/CDC Successor Agency Page 3 of 5 2. 2015-166 Approving the Consultant Services Agreement with Petaluma Health Center for Gambling Assessment and Treatment Services and Increasing Appropriations in the Problem Gambling Special Revenue Fund 3. 2015-167 Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation Phase 2 (Project Number 2015-01), Awarding the Construction Contract to Ghilotti Construction Company, Inc., and Finding the Project Exempt from CEQA 4. 2015-168 Authorizing and Approving the First Amendment to the Design Professional Services Agreement with Coastland Engineering Inc. Re: Building Services and Authorizing the Finance Director to Make Appropriations 5. 2015-169 Approving the Grant of Two Easements to Pacific Gas and Electric Company (PG&E) for the Purpose of Serving Sonoma Marin Area Rail Transit (SMART) and Authorizing the City Manager to Execute D. Authorize the Purchase of Ten (10) Ford Police Interceptor Utility Vehicles including Equipment Build-outs for the Department of Public Safety not to Exceed $425,000.00 and Authorize the City Manager to Execute Purchase Documentation E. Approve a Recycled Water User Agreement and Authorize the City Manager to Execute F. Authorize the City Manager to Execute Task Order 2015-02 with Green Valley Consulting Engineers for Construction Management and Inspection Services for the Rohnert Park Expressway Rehabilitation Phase 2 Project (City Project 2015-01) G. Ordinance for Introduction: 1. 890 An Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems Council motion/roll call vote (Callinan __ Mackenzie___ Stafford__ Belforte __ Ahanotu __) 8. CLOSED SESSION (Estimated Duration: 30 min) A. Recess to Closed Session in Conference Room 2A to Consider: 1. Personnel Matters (Government Code § 54957) Public Employee Annual Performance Evaluation – Title: City Manager B. Reconvene Joint Regular Meeting Open Session in Council Chamber C. Report On Closed Session (Government Code § 54957.1) City of Rohnert Park Joint Regular Meeting Agenda October 13, 2015 for City Council/RPFA/CDC Successor Agency Page 4 of 5 9. Approving the Principles for Developing Governance Options for the Santa Rosa Plain Groundwater Basin under the Sustainable Groundwater Management Act A. Staff Report B. Public Comments C. Council motion/discussion/vote 10. Technology Committee Update and Recommendations A. Staff Report B. Public Comments C. Council discussion/direction 11. INTRODUCTION OF ORDINANCE – Consideration of Amending Rohnert Park Municipal Code 9.46.070 (Cost of Emergency Response) A. Staff Report B. Public Comment C. Ordinance for Introduction: 1. No. 891 An Ordinance of the City Council of the City of Rohnert Park Amending Rohnert Park Municipal Code Section 9.46.070 (Limit on Liability for Emergency Response Cost Recovery) a. Council motion/discussion/roll call vote (Callinan __ Mackenzie___ Stafford__ Belforte __ Ahanotu __) 12. Discussion Regarding Community Center Complex Digital Sign Alternatives A. Staff Report B. Public Comment C. Council discussion/direction 13. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. 14. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 15. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. City of Rohnert Park Joint Regular Meeting Agenda October 13, 2015 for City Council/RPFA/CDC Successor Agency Page 5 of 5 16. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 17. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the October 13, 2015, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on October 8, 2015, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 8th day of October, 2015, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk Russian River Watershed Association A coalition to coordinate regional programs for clean water, fisheries restoration and watershed enhancement. The RRWA works to protect these resources at the most efficient cost to our member agencies and communities they serve. Members: •County of Sonoma •County of Mendocino •Santa Rosa •Rohnert Park •Windsor •Ukiah •Healdsburg •Cloverdale •Sebastopol •Cotati •Sonoma County Water Agency THE PROBLEM… Impacts from improper disposal and lack of disposal options: •Environmental •Public health •Crime/law enforcement •Additional burden on taxpayers, estimated cost of over $1.1 million since 2007! Safe Medicine Disposal Program Local action to protect our groundwater and watershed: •Sonoma County Water Agency program started a pilot program with 8 take-back locations. •Santa Rosa started their program in 2008. •Eventually, RRWA added sites to Ukiah, Cloverdale, Healdsburg, and Windsor. •Other agencies added sites throughout watershed. •Multi-Agency Work Group was developed in 2010 and continues to meet regularly. Safe Medicine Disposal Program •Education and outreach •FREE drop off locations to residents in Sonoma and Mendocino Counties •90,000 lbs of medicines collected since 2007 •Funded entirely by participating agencies Safe Medicine Disposal Program Our patchwork approach isn’t enough… •Almost a decade of work has brought us some success in the community o Some Hospitals, Grocery Stores, Hardware Stores, Local Pharmacies & Community Centers Safe Medicine Disposal Program •Lack of true regulatory control hampers us- o CA Board of Pharmacy disincentivized take-back program participation o CVS and Longs Drugs cited safety concerns o Costco, Safeway, Walgreens, Rite-Aid, & others dropped out o Law enforcement offices reported that people were not going to police stations o DEA & CA Board of Pharmacy take-back program regulations have changed o Residents getting frustrated – Fewer bin sites o Original need for program is more important than ever Safe Medicine Disposal Program What is our impact? Continued increase in the pounds of meds collected... •To go forward, we need to re-evaluate the way we fund and execute these programs. •Patchwork of local government funding is costly, inefficient, and inequitable. •Producers of medicines are not in the picture. •Clearest path to success; evaluate the Extended Producer Responsibility (EPR) legislation, similar to other counties throughout California. Safe Medicine Disposal Program •Producers are required to design, manage, and finance programs for end-of-life management of their products and packaging as a condition of sale. •In Canada, a nationwide EPR law has been successfully in place for twenty years, and added less than one cent per prescription. •In the USA, Alameda County adopted first safe medicine in 2012, despite ensuing lawsuit, the ordinance was upheld Extended Producer Responsibility (EPR) •Alameda County, Ca – Ordinance adopted 6/24/12; County was sued; ordinance upheld in Court •King County, Wa – Ordinance adopted 6/20/13 •City & County of San Francisco, Ca - Ordinance adopted 3/26/15 •San Luis Obispo County, CA – Ordinance adopted 4/11/15 •San Mateo County, Ca - Ordinance adopted 4/28/15 •Santa Clara County, Ca – Ordinance in progress •Marin County, Ca - Ordinance adopted 8/11/15 •Los Angeles County, Ca – Ordinance adopted 8/11/15 •Santa Barbara County, Ca – Ordinance in progress, adoption anticipated Oct 2015 Legislative Momentum The Need Support of concept: To evaluate the feasibility of an extended producer responsibility ordinance that addresses the long-term need for safe medicine disposal options for our communities. MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, September 22, 2015 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Ahanotu called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on September 17, 2015. Present: Amy O. Ahanotu, Mayor Gina Belforte, Vice Mayor Jake Mackenzie, Councilmember Joseph T. Callinan, Councilmember Absent: Pam Stafford, Councilmember Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta-Kenyon, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Director of Public Safety Masterson, and Project Coordinator Zwillinger. 2. PLEDGE OF ALLEGIANCE Led by Councilmember Mackenzie. 3. PRESENTATIONS A. Mayor’s Proclamation: Recognizing October 2015 as Domestic Violence Awareness Month Mayor Ahanotu read and presented proclamation to Madeleine Keegan O'Connell, Chief Executive Officer, YWCA Sonoma County. B. Presentation by Jennifer Wiltermood of Donations to the Rohnert Park Foundation and update regarding the 2015 Founders Day Event Jennifer Wiltermood presented the Rohnert Park Foundation with a check for $8,420 to help the economically disadvantage Rohnert Park residents. City of Rohnert Park Joint Regular Meeting Minutes September 22, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 7 Wiltermood stated Saturday, October 3, 2015 is Founders’ Day and provided contact information for those wanting to sponsor, donate, and/or volunteer. 4. DEPARTMENT HEAD BRIEFING City Manager Jenkins reported Rohnert Park has been named one of 50 Safest College Towns in America. 5. PUBLIC COMMENTS Jim Angelo expressed his concerns regarding using the proceeds of the sale of 5870 Labath to help fund the building of a new city hall. Bill Conner expressed his concerns regarding using proceeds of the sale of 5870 Labath to help fund the building of a new city hall. Steve Condoni expressed his concerns regarding the safety of the crosswalk at Snyder Lane and Medical Drive. As directed by the Mayor, City Manager Jenkins responded that as part of the current construction project, improvements including flashing lights will be made to that crosswalk. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, August 25, 2015 2. City Council/Planning Commission Joint Special Meeting, September 8, 2015 3. City Council/RPFA/Successor Agency Joint Regular Meeting, September 8, 2015 B. Acceptance of Reports for: 1. Report City of Marilyn Ponton’s resignation from the Oversight Board of the Successor Agency Rohnert Park and the Mayor’s appointment of Mary Grace Pawson 2. City Bills/Demands for Payment dated September 22, 2015 3. Successor Agency to the CDC Bills/Demands for Payment dated September 22, 2015 4. RPFA- Cash Report for Month Ending August 2015 5. Housing Successor Agency- Cash Report for Month Ending August 2015 6. Successor Agency- Cash Report for Month Ending August 2015 7. City- Cash Report for Month Ending July 2015 C. City Council Resolutions for Adoption: 1. 2015-152 Approving and Adopting the Plans and Specifications for the Sewer Lining Project No. 2014-03 and Awarding the Contract to Miksis Services, Inc., and Finding the Project Exempt from CEQA 2. 2015-153 Authorizing and Accepting the State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant and Amending the FY 2015-2016 Operating and Revenue Budgets 3. 2015-154 Changing the Name of the “Bicycle Advisory Committee” to “Bicycle and Pedestrian Advisory Committee” 4. 2015-155 Authorizing and Approving Task Order No. 2015-05 to the Design Professional Services with GHD, Inc. for Environmental Cleanup of City of Rohnert Park Joint Regular Meeting Minutes September 22, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 7 Corporation Yard Underground Storage Tank Site and Increasing Appropriations 5. 2015-156 Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges Revised September 11, 2015 and Job Descriptions and Salary Ranges for the Planning Manager an Building Official Positions 6. 2015-157 Approving a Reimbursement Agreement by and Between City of Rohnert Park and City Ventures for Rohnert Park Gee Site Project (PULLED by Mackenzie) 7. 2015-158 Approving a Reimbursement Agreement by and Between City of Rohnert Park and City Ventures for Rohnert Park CRPUSD Site Project (PULLED by Mackenzie) 8. 2015-159 Authorizing and Approving an Agreement Regarding Expenditure of Series 2007R Excess Bond Proceeds for Specified Proposed Public Improvements Consistent with Bond Covenants D. City Council Resolutions for Adoption: 1. 2015-160 Authorizing and Approving an Agreement Regarding Expenditure of Series 2007R Excess Bond Proceeds for Specified Proposed Public Improvements Consistent with Bond Covenants 2. 2015-161 Approving the Recognized Obligation Payment Schedule for January 1 - June 30, 2016 (“ROPS 15-16B”), Pursuant to Section 34177 of the California Health and Safety Code E. Authorize the City Manager to Execute Task Order No. 2015-06 for Construction Management and Inspection Services for the Callinan Sports and Fitness Center Locker Room Remodel Project (Project Number 2013-05) with GHD, Inc. for a not to exceed amount of $56,096.00 F. City Council as Successor Agency to the Community Development Commission Receive Series 2007R Excess Bond Proceeds Expenditure Statement G. Approval of an In-Kind Donation of City Labor, Fees, and Service to Support the Founders’ Day 2015 Event in the Amount of $7,568 ACTION: Moved/seconded (Belforte/Callinan) to approve the Consent Calendar. Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan, Mackenzie, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: Stafford. C. City Council Resolutions for Adoption: 6. 2015-157 Approving a Reimbursement Agreement by and Between City of Rohnert Park and City Ventures for Rohnert Park Gee Site Project Recommended Action: Adopt a resolution authorizing and approving a Reimbursement Agreement by and between City of Rohnert Park and City Ventures for costs incurred in processing the Rohnert Park Gee Site project. City of Rohnert Park Joint Regular Meeting Minutes September 22, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 7 7. 2015-158 Approving a Reimbursement Agreement by and Between City of Rohnert Park and City Ventures for Rohnert Park CRPUSD Site Project Recommended Action: Adopt a resolution authorizing and approving a Reimbursement Agreement by and between City of Rohnert Park and City Ventures for costs incurred in processing the Rohnert Park CRPUSD Site project. ACTION: Moved/seconded (Mackenzie/Callinan) to approve Resolutions 2015- 157 and 2015-158. Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan, Mackenzie, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: Stafford. 7. INTRODUCTION OF ORDINANCE – of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar System Development Services Director Pawson presented the item. Recommended Action(s): Introduce an Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems. Public Comment: None. ACTION: Moved/seconded (Callinan/Belforte) to introduce No. 890 Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems. Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan, Mackenzie, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: Stafford. 8. Adopt Resolution Approving Contract with Reliance Communications, LLC division/subsidiary of West Corporation, dba CivicLive for website upgrade and related services Assistant City Manager Schwartz presented the item. Recommended Action(s): Introduce an Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems. Public Comment: None. ACTION: Moved/seconded (Callinan/Belforte) to adopt Resolution 2015- 162 Authorizing and Approving an Agreement with Reliance Communications, LLC a Division/Subsidiary of West Corporation, dba CivicLive for Website Upgrade and Related Services. City of Rohnert Park Joint Regular Meeting Minutes September 22, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 7 Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan, Mackenzie, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: Stafford. 10. COMMITTEE / LIAISON/ OTHER REPORTS Metropolitan Transportation Commission (MTC) (9/23) –Councilmember Mackenzie reported the Commission will be discussing the consolidation of planning activities of ABAG and MTC. Bay Area Regional Collaborative (9/18) - Councilmember Mackenzie reported the Collaborative received a presentation regarding environmental efforts made by various entities in Sonoma County. Councilmember Mackenzie reported Sonoma County Transit was running an electric bus in Rohnert Park and Cotati September 22, 2015. Golden Gate Bridge District - Vice Mayor Belforte suggested Councilmember Mackenzie have MTC look at the extensive study the District conducted regarding various busses and a conversation regarding electric bus manufactures. Belforte reported the traffic lanes have changed over the bridge. The Golden Gate Ferry Service will be ceasing commuter service in Tiburon; the Golden Gate Bridge is looking at picking that service up. Vice Mayor Belforte reported she and Councilmember Callinan were judges at the Love in a Shoe Box rib cook-off fundraiser. Legislative Committee (9/18) Mayor Ahanotu reported he attended the meeting. Sonoma County Transportation Authority (SCTA) (9/14) – Mayor Ahanotu reported on a discussion regarding Sonoma County Waste Management Agency JPA and the possible role for Regional Climate Protection Authority (RCPA) in Sonoma County Waste Management Agency programs. A study is to be conducted to see if it would be feasible. Mayor Ahanotu reported on his, Vice Mayor Belforte’s, and City Manager Jenkins’ attendance at the Naval War College banquet event in Rohnert Park held September 18, 2015. 11. COMMUNICATIONS None. 12. MATTERS FROM/FOR COUNCIL None. Recessed 5:54 pm Reconvened 6:02 pm 9. PUBLIC HEARING: (NO EARLIER THAN 6PM- Noticed September 4, 2015) Consideration of Public Safety Main HVAC System Replacement Project No. 2014- City of Rohnert Park Joint Regular Meeting Minutes September 22, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 7 02 - Finding the Project Exempt from CEQA, Approving and Adopting Plans and Specifications, Awarding the Contract to Mesa Energy Systems, Inc., Authorizing and Approving an Agreement between the City of Rohnert Park and Pacific Gas and Electric Company to Finance the HVAC Replacement and City Facility Lighting Upgrades and Authorizing the Finance Director to Amend the FY 15-16 Budget Director of Public Works and Community Services McArthur and Project Coordinator Zwillinger presented the item. Recommended Action(s): 1) Adopt a Resolution approving and adopting the plans and specifications for the Public Safety Main HVAC System Replacement Project No. 2014-02, finding such action exempt from CEQA, and accepting the bids and awarding the contract for the Public Safety Main HVAC System Replacement Project No. 2014-02 to Mesa Energy Systems Inc. in an amount of $810,672 and 2) Authorize and approve an agreement between the City of Rohnert Park and Pacific Gas and Electric Company (PG&E) to construct the HVAC replacement project and purchase and install 642 light emitting diode (LED) lights in multiple City facilities for replacement purposes and authorize the Finance Director to amend the FY 15-16 Budget. Public Hearing Opened: 6:30 pm Public Comments: None Public Hearing Closed: 6:30 pm ACTION: Moved/seconded (Callinan/Belforte) to adopt Resolution 2015- 163 Approving and Adopting the Plans and Specifications for the Public Safety Main HVAC Replacement Project No. 2014-02 and Awarding the Contract to Mesa Energy Services, Inc., and Finding the Project Exempt from CEQA. Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan, Mackenzie, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: Stafford. ACTION: Moved/seconded (Belforte/Callinan) to adopt Resolution 2015- 164 Authorizing and Approving an Agreement Between the City of Rohnert Park and Pacific Gas and Electric Company to Construct the Public Safety Main HVAC Replacement Project and Purchase and Install 642 Light Emitting Diode (LED) City Facility Lights for Replacement Purposes and Authorize the Finance Director to Amend the FY 15-16 Budget. Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan, Mackenzie, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: Stafford. 13. PUBLIC COMMENTS None. City of Rohnert Park Joint Regular Meeting Minutes September 22, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 7 of 7 14. ADJOURNMENT Mayor Ahanotu adjourned the joint regular meeting at 6:34 pm. _____________________________________ __________________________________ JoAnne M. Buergler, City Clerk Amy O. Ahanotu, Mayor City of Rohnert Park City of Rohnert Park MINUTES OF THE JOINT SPECIAL MEETING OF THE CITY OF ROHNERT PARK CITY COUNCIL AND CITY OF ROHNERT PARK PARKS AND RECREATION COMMISSION Tuesday, August 25, 2015 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/PARKS AND RECREATION COMMISSION JOINT SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Ahanotu called the Special Meeting to order at 7:20 pm, the notice for which being legally noticed on August 20, 2015. Present: City Council Parks and Recreation Commission Amy O. Ahanotu, Mayor Michael Bird, Chair Gina Belforte, Vice Mayor Gerald Griffin, Vice Chair Joseph T. Callinan, Councilmember Bonnie Black, Commissioner Jake Mackenzie, Councilmember Chris Borr, Commissioner Pam Stafford, Councilmember Linda Canterbury, Commissioner Absent: None Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City Attorney Visick, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze, Acting Development Services Director and City Engineer Pawson, Human Resources Director Perrault, Director of Public Safety Masterson, Director of Public Works and Community Services McArthur, Planner III Beiswenger and Community Services Manager Austin. 2. STUDY SESSION FOR REVIEW OF PARKS AND RECREATION A. Discuss Parks and Recreation Facilities Master Plan Community Services Manager Austin presented the item. The City Council and Parks and Recreation Commission support updating the Master Plan. B. Discuss Approaches to Park Development Planner III Beiswenger and Community Services Manager Austin presented the item. Councilmember Stafford stepped away from dais 8:18 pm and returned 8:21 pm C. Discuss Park Development Review Process Planner III Beiswenger, Acting Development Services Director and City Engineer Pawson, and Director of Public Works and Community Services McArthur presented the item. The City Council and Parks and Recreation Commission support updating the process. Item 7.A.2 City of Rohnert Park City Council Special Meeting Minutes August 11, 2015 for City Council/Parks and Recreation Commission Page 2 of 2 D. Discuss Other Parks and Recreation Issues Discussion ensued regarding communication between City Council and Parks and Recreation Commission. E. Review Action Items City Manager Jenkins reviewed action items: Parks and Recreation Facilities Master Plan - perform the annual review recommended in the plan and update the plan. Park Development Review Process – amend the municipal code to streamline the review developer-proposed parks; resolve conflicts between the Zoning Ordinance and Subdivision Ordinance related to approval of new parks; and provide for an in- lieu fee program for park development. Communication – City Clerk to provide Commissioners with information on how to receive notification of City Council Meetings. 3. PUBLIC COMMENTS None. 4. ADJOURNMENT Mayor Ahanotu adjourned the Special Meeting at 9:15 pm. _____________________________________ __________________________________ JoAnne Buergler, City Clerk Amy O. Ahanotu, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Approving and Adopting the Plans and Specifications for Magnolia Park Tennis Court Rehabilitation (Project Number 2015-02); Awarding the Contract to Dryco Construction, Inc.; Finding the Project Exempt from CEQA; and Authorizing Appropriation Increases RECOMMENDED ACTION: Adopt a Resolution Approving and Adopting the Plans and Specifications for Magnolia Park Tennis Court Rehabilitation (Project Number 2015-02); Awarding the Contract to Dryco Construction, Inc.; Finding the Project Exempt from CEQA; and Authorizing Appropriation Increases. BACKGROUND: The Magnolia Park Tennis Court is in need of repair due to court surface fatigue. The project has been included in the City’s Capital Improvement Program for several years and has been challenging to implement because of the relatively limited budget to undertake the work. Working with the Rohnert Park Tennis Club, staff prepared the plans and specifications for the project and advertised it on August 26, 2015. ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the City's purchasing policy. An invitation to bid was posted / published on August 26, 2015, in consistency with City of Rohnert Park Purchasing Policy, Section 3.6.6F Contracts for Public Projects, which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Accounting Act. The engineer’s estimate for the project was $220,000. The City received 4 bids listed as follow: Contractor Bid Amount Dryco Construction, Inc. $231,541.06 Nelson Construction $280,220.00 Siri Grading & Paving $305,760.00 Saviano Company Inc. $348,000.00 Staff reviewed the bids for responsiveness and contractor responsibility and recommends award to Dryco Construction, Inc. with a bid of $231,541.06. The contractor is found to be responsible and responsive. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 ENVIRONMENTAL ANALYSIS: The scope of work entails the resurfacing of an existing tennis court’s pavement. The project includes repair of an existing facility and will not expand the footprint of the court. It is therefore categorically exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines sections 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction). OPTIONS CONSIDERED: None. The recommended action is necessary to allow for the construction of the Magnolia Park Tennis Court Rehabilitation Project. FISCAL IMPACT/FUNDING SOURCE: The Magnolia Park Tennis Court Rehabilitation Project is included in the City’s adopted Capital Improvement Program as Project 2015-02 (310- 1502-400-9901). The project balance for the Magnolia Park Tennis Court Rehabilitation Project is $235,299.55. Although this amount is over the bid amount, staff will still need resources for material testing, construction engineering, and contingencies. Staff is requesting a $60,000.00 budget appropriation increase from the Infrastructure Reserve. Capital Outlay (Fund 160): $235,299.55 Infrastructure Reserve (Fund 640): $60,000.00 The City has been working closely with the Rohnert Park Tennis Club to apply for a United States Tennis Association (USTA) grant. While USTA has been generous in awarding tennis court rehabilitation grants, they will not let us know if the application is successful, or not, until a construction contract is awarded. If the City is successful in the grant application, staff will return to Council to accept the award, which could reduce the overall fiscal impact of the project. Department Head Approval Date: 9/28/2015 City Manager Approval Date: 9/28/2015 Finance Director Approval Date: 9/22/2015 City Attorney Approval Date: 9/28/2015 Attachments (list in packet assembly order): 1. Resolution Approving and Adopting the Plans and Specifications for Magnolia Park Tennis Court Rehabilitation (Project Number 2015-02), Awarding the Construction Contract to Dryco Construction, Inc., Finding the Project Exempt from CEQA, and Authorizing Appropriation Increases 2. Resolution Exhibit A - Construction Contract Agreement 1 RESOLUTION NO. 2015- A RESOLUTION APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR MAGNOLIA PARK TENNIS COURT REHABILITATION (PROJECT NUMBER 2015-02), AWARDING THE CONTRACT TO DRYCO CONSTRUCTION, INC., FINDING THE PROJECT EXEMPT FROM CEQA, AND AUTHORIZING APPROPRIATION INCREASES WHEREAS, the Magnolia Park Tennis Court Rehabilitation (Project Number 2015-02 and hereinafter “Project”) includes the rehabilitation of existing tennis courts at Magnolia Park; and WHEREAS, the plans and specifications for the Project were prepared and approved in- house; and WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was posted/published on August 26, 2015, for the Project; and WHEREAS, four bids were received on the bid opening date of September 16 2015; and WHEREAS, Development Services staff determined that Dryco Construction, Inc. submitted the lowest cost bid and is the lowest responsive and responsible bidder with a bid amount of $231,541.06; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and material to this Resolution. 2. The plans and specifications for the Magnolia Park Tennis Court Rehabilitation Project No. 2015-02 are hereby approved and adopted. 3. The City Council finds that the Project is exempt from review under the California Environmental Quality Act (“CEQA”) because the scope of the project is resurfacing of an existing tennis court’s pavement, it will not expand the footprint of the court, and is therefore categorically exempt under CEQA Guidelines section 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction), and therefore directs staff to file a Notice of Exemption for the project. 4. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 5. In accordance with California Public Contract Code Section 20160 and following any other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of Dryco Construction, Inc., for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. ( 2 ) 6. The City Manager is hereby authorized and directed to execute the contract with Dryco Construction Inc., in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of the base bid for the amount $231,541.06 for construction of the Project in accordance with the bid documents and applicable law upon submission by Dryco Construction, Inc., of all documents required pursuant to the Project bid documents. 7. The City Manager is hereby authorized to execute change orders in an amount not to exceed 15% of the base bid or $34,731.16. 8. The City Council hereby authorizes a budget increase appropriation of $60,000 from the Infrastructure Reserve Fund to supplement the funds set aside for this Project in the Capital Improvement Program budget. 9. City staff is hereby directed to issue a Notice of Award to Dryco Construction, Inc. for this project. 10. This Resolution shall become effective immediately. 11. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 13th day of October, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A C O N T R A C T MAGNOLIA PARK TENNIS COURT REHABILITATION PROJECT NO. 2015-02 THIS AGREEMENT, made and entered into this 13th day of October, 2015, by and between DRYCO Construction, Inc., hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : 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 must 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 October 13, 2015, 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 to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within twenty (20) working days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $500 per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 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 $231,541.06. 2 4. Component Parts and Interpretation: This contract must 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 and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at City Hall. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion 3 thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or 4 B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. 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 must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. 5 The undersigned 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. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, 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 including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the 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 must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. 6 F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the 7 Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. 8 Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. 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 DRYCO Construction, Inc. ____________________________________ City Manager Date Name/Title Date Per Resolution No. 2015-____adopted by the Rohnert Park City Council at its meeting of October 13, 2015 ATTEST: ____________________________________ City Clerk APPROVED AS TO FORM: City Attorney ITEM NO. 1 Meeting Date: October 13, 2015 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Bryce Atkins, Senior Analyst Agenda Title: Consideration and Adoption of a Resolution Approving a Consultant Services Agreement with the Petaluma Health Center for Gambling Assessment and Treatment Services at the Rohnert Park Health Center and an Increase in Special Revenue Appropriations RECOMMENDED ACTION: Council adopt the resolution approving the Consultant Services Agreement between the City of Rohnert Park (“City”) and the Petaluma Health Center (“PHC”) to provide gambling assessment and treatment services to the citizens of Rohnert Park at the Rohnert Park Health Center, and approving a budget amendment increasing appropriations in the Problem Gambling Special Revenue Fund. BACKGROUND: A Memorandum of Understanding (“MOU”) between the Federated Indians of Graton Rancheria (“Tribe”) and the City was created and adopted to mitigate the impacts of the casino on our community. Section 3.2 of the MOU provides for an annual contribution to the City for problem gambling. The contribution initially is $125,000 annually, with increases based on consumer price index. This contribution is to be granted to an organization to provide treatment and prevention of problem or pathological gambling. Staff researched potential organizations that could fulfill this niche mitigation activity, and contacted the California Council on Problem Gambling (“CCPG”) to discuss organizations that provide these services. At that time, they determined that there were no such organizations in Rohnert Park. CCPG provided the recommendation to build capacity with a local provider, such as PHC. Although there is a Gambler’s Anonymous group that meets in the City, it does not qualify for the grant funds because it can only accept donations from those that attend their meetings. Additionally, they do not provide prevention services, only treatment services. Staff inquired of the Petaluma Health Center (“PHC”), which now operates the Rohnert Park Health Center, if they would be able to provide gambling addiction services. PHC submitted a proposal to provide the services. The MOU requires that the Tribe approve the selection of the organization to receive these funds. The Tribe’s Council met, and approved the PHC as the recommended organization to receive these funds. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 ANALYSIS Official grand opening of the RPHC office was on August 12, 2015. Problem gambling services at the RPHC would increase local accessibility to these services. Outside providers may require residents to drive out of town to be served. The scope of work provides for initial start-up costs, including capital, technology, facilities, and other related costs to establish the capacity for these services, a needs assessment, and on-going treatment and prevention services, for a total contract amount of $256,000. The agreement includes $150,000 toward the start-up costs of the RPHC, which helps to fill a funding gap to ensure that it is of comparable quality to the 35 other health centers in Sonoma County. They will also receive up to $30,000 to conduct the needs assessment, and up to $76,000 to begin treatment and prevention services. The Consultant Services Agreement calls for the PHC to conduct a needs assessment in the community to determine the population at risk. Additionally, the PHC will recruit an expert in gambling addiction to run a gambling addiction recovery program along with outreach and education. PHC will also be adding screenings for gambling addiction to their battery of assessments for each patient that they serve. The term of the agreement is through June of 2020. Each subsequent year the problem gambling contributions would then be granted to PHC for operating the RPHC, to reimburse the costs associated with the provision of problem gambling services. The RPHC will invoice the City for its costs, and the total annual payment amount is capped at the amount of funding available that year. For the first year, with the one-time start-up costs and the first year of service, the amount of the grant to the RPHC will exceed the budgeted revenues and expenses for this year. This impact was anticipated, and the proposed resolution approving the agreement also includes a budget amendment to utilize the total fund balance of $126,552 in the Problem Gambling Special Revenue Fund to pay for the upfront costs. The Agreement, including the increased appropriations, does not exceed the funds dedicated solely to problem gambling, as outlined in the MOU. OTHER OPTIONS CONSIDERED 1. Council adopt the resolution approving both the agreement with Petaluma Health Center and the budget amendment. Recommended. 2. A second option is to offer the funding to another clinic in the area. This option, while potentially viable, could present challenges. Most have their behavioral health staff based out of offices in other cities. The travel time and cost could reduce the amount of services provided in the community. Not Recommended. 3. A third option is to contract with an individual therapist to provide the service. While potentially viable, there may be challenges if the therapist relocates, closes their business, shifts focus away from problem gambling, or makes other changes. This could result in lost benefits of building capacity locally to provide the service. By contracting with a vendor that is responsible for retaining qualified therapists, the responsibility of selecting, reviewing, and coordinating with therapists is handled by the vendor. Additionally, the MOU states that the funds are to be granted to an organization. An individual therapist may not be approved by the Tribe to provide the services. Not Recommended. ITEM NO. 3 FISCAL IMPACT/FUNDING SOURCE: $256,000 in Fiscal Year 2015-2016, and approximately $130,000 each year thereafter, adjusted by CPI, from the Problem Gambling Recurring Contributions Fund until June of 2020. These dedicated funds can only be used to address problem gambling, per the terms of the MOU, and use of these funds does not impact other mitigation funding. Department Head Approval Date: N/A City Manager Approval Date: 9/29/2015 Finance Director Approval Date: 9/25/2015 City Attorney Approval Date: 9/19/2015 Attachments (list in packet assembly order): 1. Resolution 2. Attachment 1: Consultant Services Agreement with Petaluma Health Center RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE CONSULTANT SERVICES AGREEMENT WITH PETALUMA HEALTH CENTER FOR GAMBLING ASSESSMENT AND TREATMENT SERVICES AND INCREASING APPROPRIATIONS IN THE PROBLEM GAMBLING SPECIAL REVENUE FUND WHEREAS, in 2005, the Federated Indians of Graton Rancheria (“Tribe”) purchased 254 acres of land for its reservation and the Graton Resort and Casino (“Casino”). Said lands and site for the Casino was within the City of Rohnert Park’s (“City”) urban growth boundary and sphere of influence; and WHEREAS, in 2013 the City and Tribe negotiated an Amended and Restated Memorandum of Understanding (“MOU”) to make payments to the City for mitigating the impacts of the Casino; and WHEREAS, Section 3.2 of the MOU provides for an annually recurring contribution of funds to be granted to an organization dedicated to the treatment and prevention of problem gambling or pathological gambling disorders. The recipient organization is to be selected by the City, and approved by the Tribe; and WHEREAS, the City reached out to organizations that could provide these services in the community, and could build capacity for such organizations to provide these services. The City selected the Petaluma Health Center (“PHC”), a 501(c)(3) non-profit organization, to provide services out of their Rohnert Park Health Center; and WHEREAS, the Tribe approved the City’s selection of PHC as the organization to receive the granting of the aforementioned mitigation funds to provide the services contemplated by the MOU; and WHEREAS, the City and PHC have negotiated a Consultant Services Agreement (“Agreement”) establishing the terms and conditions of the services to be provided; and WHEREAS, the City’s 2015-2016 Fiscal Year Adopted Budget appropriated the funds to be earned within the fiscal year from the Problem Gambling Recurring Contribution Special Revenue Fund; and WHEREAS, the Agreement grants start-up costs to build the capacity of PHC to provide the services contemplated by the Agreement, utilizing contributions received in the prior fiscal year; and WHEREAS, the amount of appropriations will need to be increased to accommodate these start-up costs. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: 2 Section 1. Recitals. The above referenced recitals are true and correct and are incorporated into and form a material part of this Resolution. Section 2. Environmental Review. The granting of problem gambling mitigation money is exempt from CEQA review under CEQA Guidelines section 15061(b)(3) because there is no possibility for the use of the money to have an effect on the environment. Section 3. Approval of Agreement. The City Council hereby approves the Consultant Services Agreement with the Petaluma Health Center, attached hereto as Attachment 1, and authorizes the City Manager to execute the agreement. Section 4. Increase in Appropriations. The City Council hereby authorizes the Finance Director to increase appropriations in Fund 181, the Problem Gambling Recurring Contribution Special Revenue Fund, by the amount of $126,552. Section 5. Other Actions Authorized. Subject to review and acceptance by the City Attorney, the City Manager, as appropriate, is hereby authorized and directed to take all actions necessary or reasonably required to carry out, give effect to, and consummate the transactions contemplated by this Resolution and to take all action necessary in conformity therewith. DULY AND REGULARLY ADOPTED this 13th day of October, 2015. CITY OF ROHNERT PARK _______________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Attachment: “Attachment 1” CALLINAN _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ATTACHMENT 1 CONSULTANT SERVICES AGREEMENT FOR GAMBLING ASSESSMENT AND TREATMENT SERVICES THIS CONSULTANT SERVICES AGREEMENT FOR GAMBLING ASSESSMENT AND TREATMENT SERVICES (“Agreement”) is entered into as of the _____ day of October, 2015, by and between the CITY OF ROHNERT PARK (“City”), a California municipal corporation, and PETALUMA HEALTH CENTER, a California Corporation (“Consultant”). Recitals WHEREAS, City desires to obtain gambling assessment and treatment services within the community of the City of Rohnert Park; and WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in the Scope of Services of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Scope of Services of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement. The Senior Analyst Bryce Atkins is hereby designated as the Project Manager. The Project Manager shall supervise the progress and execution of this Agreement. ATTACHMENT 1 B. Consultant. The Consultant Petaluma Health Center shall have overall responsibility for the progress and execution of this Agreement. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Consultant shall perform the services set out in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by reference. B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in either this Section 3 or Exhibit A must be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All services performed by Consultant under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for needs assessment and treatment services, shall be at the compensation rate and pursuant to the terms set forth in Exhibit A attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. B. Timing of Payment. Initial start-up payment of $150,000 will be made within 30 days of the Effective Date. The Needs Assessment $10,000 payment will be made within 30 days of an accepted methodology. The remaining $20,000 for the Needs Assessment will be paid after Consultant submits a statement at the completion of the needs assessment. City shall make payment at completion of work, after approval of the invoice by the Project Manager. Payments for on-going services will be made monthly upon receipt and approval of invoice. Invoices shall reflect hourly rates of services. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written ATTACHMENT 1 amendment to this Agreement. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City’s request if litigation is brought against City in connection with Consultant’s work product. Unless the action is brought by Consultant or is based upon Consultant’s negligence, City will compensate Consultant for the preparation and the testimony at Consultant’s standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Amendment to Scope of Services. City shall have the right to amend the Scope of Services 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. Consultant shall not commence any work exceeding the Scope of Services without prior written authorization from the City. 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. 6. Term. This Agreement shall commence upon its execution by both parties and shall continue in full force and effect until June 30, 2020, amended pursuant to Section 21, or otherwise terminated as provided herein. 7. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. ATTACHMENT 1 8. Ownership of Documents. Title to all assessment plans, estimates, reports, drawings, descriptions and other final work products compiled by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by the Consultant 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 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, unless required by law. 9. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 10. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant’s performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: 1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and 2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) 11. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any ATTACHMENT 1 obligations directly or indirectly incurred under the terms of this Agreement. 12. Indemnity. To the fullest extent permitted by law, Consultant hereby agrees to defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its officers, elected officials, employees, agents, and volunteers from and against any and all claims, demands, damages, costs, liabilities, or obligations brought on account of or arising out of any acts, errors, or omissions of Consultant, its officers, employees, agents, and subcontractors undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful misconduct of City. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion and acceptance or otherwise. Consultant’s duty to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. 13. Consultant Not an Agent of City. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 14. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City; and as an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. 15. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Except as otherwise allowed by City in its sole discretion, Consultant and all sub consultants shall have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid throughout the term of this Agreement. The City is not responsible or liable for Consultant's failure to comply with any or all of the ATTACHMENT 1 requirements contained in this paragraph. B. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. D. City Not Responsible. City is not responsible or liable for Consultant’s failure to comply with any and all of its requirements under this section and Agreement. E. Waiver of Subrogation. Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for the City. 16. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by the City, or as required by law. 17. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. ATTACHMENT 1 18. Insurance. Without limiting Consultant’s indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit B to this Agreement. 19. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon 5-days’ written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. 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 damages, if any, sustained by City by virtue of the breach of the Agreement by Consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory Services performed through the date of temporary suspension. 21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. ATTACHMENT 1 All provisions of this Agreement are expressly made conditions. 22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys’ fees, to the prevail ing party. In awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith. 24. Time of the Essence. Time is of the essence of this Agreement. 25. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Manager City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Consultant: Petaluma Health Center 1179 N. McDowell Blvd Petaluma, CA 94954 26. Consultant’s Books and Records. A. Consultant shall maintain any and all records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement ATTACHMENT 1 shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, or a designated representative. Copies of such documents shall be provided to the City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager’s office. 27. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 28. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, gender identification, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, gender identification, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compens ation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 29. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than the Consultant. 30. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 31. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 32. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: Exhibit A: Scope of Services and Compensation Exhibit B: Insurance Requirements ATTACHMENT 1 33. 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. 34. News Releases/Interviews. All Consultant and sub-consultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the City. 35. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California 36. 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 such party and that this Agreement is binding on such party in accordance with its terms. 37. 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. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: Per Resolution 2015-_____ ATTEST: By: __________________________________ City Clerk ATTACHMENT 1 EXHIBIT A Scope of Services and Compensation A. Gambling Addiction Treatment and Services 1. Petaluma Health Center (“Consultant”) will include the capacity for these services in its facility located in Rohnert Park. 2. Consultant will perform a needs assessment (“Needs Assessment”) in the Rohnert Park community to determine the population at risk and propose treatment services. Consultant shall prepare a methodology for the preparation of the Needs Assessment and provide that methodology to the City for review within 45 days of the Effective Date of the agreement. The Needs Assessment shall commence only upon written approval of the methodology by the City. This Needs Assessment will begin no later than 30 days after the methodology is approved, and will be completed within 90 days thereafter. The Needs Assessment will evaluate and assess gambling addiction and any related issues within the community of the City of Rohnert Park (“City”) and propose treatment services. The cost to prepare the methodology and Needs Assessment will not exceed $30,000. 3. In accordance with the Needs Assessment, Consultant will assign a State of California licensed and/or certified expert in gambling addiction to develop and run a gambling addiction recovery program located in Rohnert Park. The program that will include, at a minimum, providing group and individual psychotherapy, outreach, education, and research to health care providers and to the Rohnert Park community. 4. Consultant will add brief screening and interventions for gambling addiction to its battery of assessments for each patient encounter and will share any tools, forms, etc. with other health care providers in Rohnert Park. 5. Consultant will provide an annual report on its services, including numbers referred, assessed, and treated in different programs annually, with the first report within approximately one year of when services begin. B. Costs and Compensation 1. The City will pay Consultant a one-time payment of $150,000 toward the costs of capital, technology, facilities and other related costs to establish and provide the services called for pursuant to this Agreement. The City shall provide this as a lump sum payment within 30 days of the effective date of the agreement. On or before June 30, 2016, Consultant shall provide the City with an accounting report of how all funds have been used, and how any remaining funds will be used for the costs of capital, technology, facilities and other related costs to establish and provide the services called for pursuant to this Agreement. 2. The City will pay Consultant up to $30,000 for the methodology and Needs Assessment. The City shall pay $10,000 to Consultant within 30 days of written approval of the methodology and ATTACHMENT 1 projected deliverables for the Needs Assessment. The City will pay up to the remaining $20,000 upon delivery of a Needs Assessment that satisfactorily meets the approved methodology and projected deliverables. Upon delivery of the final Needs Assessment, Consultant shall provide City with an invoice containing itemized costs, expenses, and services performed and the hourly rate charged for those services for the preparation of the methodology and Needs Assessment project. The City shall issue payment for any remaining amount owed pursuant to the invoice within 30 days of approval of the invoice by the Project Manager. 3. The City will pay Consultant for the costs associated with on-going assessment, referral, and treatment services called for by this Agreement and the Needs Assessment (“On-Going Services”). During the first year of this agreement, after the Consultant submits an approved Needs Assessment, the City shall pay Consultant an amount not to exceed $76,000 for On-Going Services. After the first year of this agreement, the actual amount to be paid to Consultant for On-Going Services on a yearly basis shall be determined at the sole discretion of the City, and will be based on funding that is available to and received by the City. The City anticipates being able to allocate approximately $130,000 per fiscal year for On-Going Services. City will advise Consultant in writing of the maximum amount to be paid to Consultant for On-Going Services for the fiscal year in June, prior to the start of the fiscal year. The administrative costs associated with providing On-Going Services shall not exceed 20% of the total cost of On-Going Services provided by Consultant. As used herein, “administrative costs” shall mean all costs incurred by Consultant that are not directly incurred as a result of assessment, referral, and treatment services called for by this Agreement and the Needs Assessment. 4. Payments for On-Going Services provided for in Section B(3) above, will be made on a monthly basis upon receipt and approval of an invoices by the Project Manager. Invoices shall detail any and all expenses and costs, including administrative costs, associated with the On-Going Services performed and reflect the hourly rate charged for any services. The City shall issue payment within 30 days of receipt and approval of each invoice. Staffing and Rates Consultant will assign one or more staff with appropriate professional credentials, such as psychologists or marriage and family therapists, for treatment services. Hourly rates will be consistent with norms for such professionals in Sonoma County, reviewed and approved annually with the City, and reflected in the invoices. Rates for the first year of services will be:  Psychologist: $68.79/hour  Marriage and Family Therapist: $57.93/hour ATTACHMENT 1 EXHIBIT B INSURANCE REQUIREMENTS for Consultant Services Agreement 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 (Two Million Dollars) 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 than $2,000,000 (Two Million Dollars) 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 (One Million Dollars) 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, sub consultants 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 (Two Million Dollars) 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 (Two Million Dollars) 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. ATTACHMENT 1 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. Best’s 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 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 officers, elected officials, employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. 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, elected officials, employees, agents, 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. ATTACHMENT 1 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 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 that 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 co ntract 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 ATTACHMENT 1 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 officers, elected officials, employees, agents, and volunteers. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 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. ATTACHMENT 1 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the __________________________________, and a duly authorized representative of the firm of Petaluma Health Center, whose address is 1179 North McDowell Boulevard, Petaluma, CA 94954, 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 Signature ITEM NO. 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation Phase 2 (Project Number 2015-01), Awarding the Construction Contract to Ghilotti Construction Company, Inc., and Finding the Project Exempt from CEQA RECOMMENDED ACTION: Adopt a Resolution Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation Phase 2 (Project Number 2015-01), Awarding the Construction Contract to Ghilotti Construction Company, Inc., and Finding the Project Exempt from CEQA. BACKGROUND: Through its Capital Improvement Program, the City is undertaking projects to rehabilitate Rohnert Park Expressway from Commerce Boulevard to Snyder Lane. The first phase of this Project (RPX Phase 1) was bid and awarded earlier this year and includes federal funding, which limits the City’s ability to modify the scope of work. In order to complete the rehabilitation of Rohnert Park Expressway, staff has developed the Rohnert Park Expressway Rehabilitation Phase 2 (RPX Phase 2) Project. This Project includes: • the rehabilitation of Rohnert Park Expressway from Commerce Boulevard to State Farm Drive; • improvements to Commerce Boulevard at its intersection with RPX, including a median island on Commerce at the north leg of the Commerce / Rohnert Park Expressway intersection; and • the resurfacing of the Library Parking Lot. The third component, the Library Parking Lot resurfacing was approved as CIP Project 2015-09 in the City Capital Improvements Plan Budget for FY 2015-16. It has been combined with the larger resurfacing RPX Phase 2 Project in order to take advantage of economies of scale. Because this project includes one of the busiest roadway segments in the City and because there are no residential homes, the project bid documents allow work on RPX and Commerce to be scheduled at night from 9:00 pm to 5:00 am. During this period of relatively low volumes, one side of the Rohnert Park Expressway will be closed with traffic diverted to the other side. ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the city's purchasing policy. An invitation to bid was posted / published on August 25, 2015, in consistency with City of Rohnert Park Purchasing Policy, Section 3.6.6F Contracts for Public Projects, which defers to the Uniform Construction Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act. The engineer’s estimate for the project was $675,000 to $750,000. The City received four (4) bids listed as follow: Contractor Bid Amount Ghilotti Construction Company, Inc. $680,389.75 Argonaut Constructors $695,138.45 Team Ghilotti $734,908.21 Ghilotti Brothers, Inc. $765,437.60 Staff and its design and construction management consultant reviewed the bids for responsiveness and contractor responsibility and recommends award to Ghilotti Construction Company, Inc. with a bid of $680,389.75. The contractor is found to be responsible and responsive. ENVIRONMENTAL ANALYSIS: The scope of work is pavement rehabilitation of existing roadway. The repavement will not expand the footprint of the road, rather it will rehabilitate roadway that has deteriorated. It is therefore categorically exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines sections 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction). OPTIONS CONSIDERED: None. The recommended action is necessary to allow for the construction of the Rohnert Park Expressway Rehabilitation Phase 2 Project and the Library Parking Lot Overlay. FISCAL IMPACT/FUNDING SOURCE: The RPX Phase 2 Project consists of two projects in the City’s adopted Capital Improvement Program: as Rohnert Park Expressway Phase 2 (Acct. #310-1501-400-9901) and Library Parking Lot Paving / Landscaping (Acct. #310-1509- 400-9901). Funding sources for the project are: Project Funding Amount Rohnert Park Expressway Phase 2 (Project No. 2015-01) Gas Tax (Fund 130) $300,000 Rohnert Park Expressway Phase 2 (Project No. 2015-01) Measure M (Fund 135 $500,000 Library Parking Lot Paving / Landscaping (Project No.2015-09) Excess Bond Funds (Fund 325): $234,900 ITEM NO. 3 Department Head Approval Date: 9/28/15 City Manager Approval Date: 9/28/15 Finance Director Approval Date: 9/22/15 City Attorney Approval Date: 9/28/15 Attachments (list in packet assembly order): 1. Resolution Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation Phase 2 (Project Number 2015-01), Awarding the Construction Contract to Ghilotti Construction Company, Inc., and Finding the Project Exempt from CEQA 2. Exhibit A - Construction Contract Agreement 1 RESOLUTION NO. 2015- A RESOLUTION APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR ROHNERT PARK EXPRESSWAY REHABILITATION PHASE 2 (PROJECT NUMBER 2015-01), AWARDING THE CONSTRUCTION CONTRACT TO GHILOTTI CONSTRUCTION COMPANY, INC., AND FINDING THE PROJECT EXEMPT FROM CEQA WHEREAS, the Rohnert Park Expressway Rehabilitation Phase 2 (Project Number 2015-01 and hereinafter “Project”) includes the rehabilitation of the existing pavement surface on Rohnert Park Expressway from Commerce Avenue to State Farm Drive and an overlay of the parking lot at the City Library; and WHEREAS, the plans and specifications for the Project were prepared by Coastland Civil Engineering, Inc., and approved by the City Engineer; and WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was posted/published on August 25, 2015, for the Project; and WHEREAS, four (4) bids were received on the bid opening date of September 15 2015; and WHEREAS, Development Services staff determined that Ghilotti Construction Company, Inc. submitted the lowest cost bid and is the lowest responsive and responsible bidder with a bid amount of $680,389.75; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and material to this Resolution. 2. The plans and specifications for the Rohnert Park Expressway Rehabilitation Phase 2 Project No. 2015-01 are hereby approved and adopted. 3. The City Council finds that the Project is exempt from review under the California Environmental Quality Act (“CEQA”) because the scope of the project is pavement rehabilitation, and is therefore categorically exempt under CEQA Guidelines section 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction), and therefore directs staff to file a Notice of Exemption for the project. 4. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 5. In accordance with California Public Contract Code Section 20160 and following any other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of ( 2 ) Ghilotti Construction Company, Inc. for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. 6. The City Manager is hereby authorized and directed to execute the contract with Ghilotti Construction Company, Inc., in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of the base bid for the amount Six Hundred Eighty Thousand Three Hundred Eighty-Nine Dollars and Seventy-Five Cents ($680,389.75) for construction of the Project in accordance with the bid documents and applicable law upon submission by Ghilotti Construction Company, Inc., of all documents required pursuant to the Project bid documents. 7. The City Manager is hereby authorized to execute change orders in an amount not to exceed 15% of the base bid or One Hundred Two Thousand Fifty-Eight Dollars and Forty-Six Cents ($102,058.46). 8. City staff is hereby directed to issue a Notice of Award to Ghilotti Construction Company, Inc. for this project. 9. This Resolution shall become effective immediately. 10. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 13th day of October, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A C O N T R A C T ROHNERT PARK EXPRESSWAY REHABILITATION – PHASE 2 PROJECT NO. 2015-01 THIS AGREEMENT, made and entered into this 13th day of October, 2015, by and between Ghilotti Construction Company, Inc., hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : 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 must 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 October 13, 2015, 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 to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within ten (10) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within thirty-five (35) working days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of Two Thousand Five Hundred dollars ($2,500.00) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 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 $680,389.75. 2 4. Component Parts and Interpretation: This contract must 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 and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion 3 thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or 4 B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. 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 must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. 5 The undersigned 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. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, 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 including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the 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 must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. 6 E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other propert y belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the 7 Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any 8 Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. 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 Ghilotti Construction Company, Inc. ____________________________________ City Manager Date Name/Title Date Per Resolution No. 2015-_____ adopted by the Rohnert Park City Council at its meeting of October 13, 2015. ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney ITEM NO. _____________ 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Authorizing and Approving the First Amendment to the Master Services Agreement with Coastland Engineering Inc. Re: Building Services and Authorizing the Finance Director to Make Appropriations RECOMMENDED ACTION: Approve a Resolution Authorizing and Approving the First Amendment to the Master Services Agreement with Coastland Engineering Inc. Re: Building Services and Authorizing the Finance Director to Make Appropriations. BACKGROUND: The Development Services Department has always relied on outside consultants to assist it with the fluctuating volume of work associated with building plan check. With the anticipated advent of several large residential developments including Vast Oaks Phase 1 (University District) and the Southeast Specific Plan Area, the Department anticipates that its use of consultants will increase. In the spring of 2015, the Department solicited proposals from building plan check and inspection consultants and Coastland Engineering was among the most qualified consultants. Under its existing Master Services Agreement, Coastland assisted the City with staff augmentation services when the Department’s Deputy Chief Building Official left the City. As a local firm, Coastland provided highly responsive service, but at this point, Coastland has exceeded its available contracting capacity. The proposed first amendment would provide Coastland with the contracting capacity to continue to assist the City. ANALYSIS: The City is experiencing a surge in building plan check and inspection activity. The 244 unit Fiori Estates Project, the 84 unit Reserve at Dowdell Project and the five-story Oxford Suites Hotel are all under construction and require regular inspection. The City is also processing master building plan checks on the 399 unit Vast Oaks Phase 1 subdivision (University District) and is anticipating up to 100 units associated with Phase 1 of the Southeast Specific Plan to come under review this winter. Both the Vast Oak Phase 1 and Southeast Specific Plan are anticipated to begin residential construction in spring of 2016. Development Services is currently reorganizing and recruiting for a Building Official position, but the Department is currently without any in-house plan review or inspection capacity. While the Department has three active contracts for building plan check and inspection services, with Shums Coda, 4 Leaf Inc. and Code Source, the general increase in construction activity has created an environment where the City’s consultants are not always able to respond to the Department’s needs in a timely fashion. Maintaining diversity in consultant contracts enhances the Department’s ability to respond to industry needs in a timely fashion. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. _____________ 2 OPTIONS CONSIDERED: None. Retaining strong consulting capacity in building plan check and inspection services will allow the Development Services Department to respond to the demands of new development within the City FISCAL IMPACT/FUNDING SOURCE: The potential fiscal impact of this first amendment is $70,000. The funding source is Building Plan Check and Building Permit Fee Revenue. Costs would not be incurred unless and until services are required because of the volume of building plan check and inspection work needed. The costs of Coastland’s services are reimbursed to the City by various applicants for processing their applications and do not represent a cost to the City’s general fund or any other City fund. The proposed resolution authorizes the Finance Director to make appropriations from permit revenue as necessary to cover costs. Department Head Approval Date: N/A City Manager Approval Date: 09/30/2015 City Attorney Approval Date: 09/28/2015 Finance Director Approval Date: 09/29/2015 Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving the First Amendment to the Master Services Agreement with Coastland Engineering Inc. Re: Building Services and Authorizing the Finance Director to Make Appropriations 2. Resolution Exhibit “A” - First Amendment to the Master Services Agreement with Coastland Engineering Inc. Re: Building Services 1 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND ENGINEERING INC RE: BUILDING SERVICES AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE APPROPRIATIONS WHEREAS, the City of Rohnert Park (City) and Coastland Engineering Inc. (Consultant), are parties to an agreement, entitled “Design Professional Services Agreement With Coastland Engineering Inc. Re: Building Services” dated April 24, 2015, which was authorized through City of Rohnert Park Purchasing Ordinance in the amount of $30,000; and WHEREAS, the City continues to process development applications which require building plan review and inspection services that exceed the City’s in-house capacity to provide; and WHEREAS, the cost of the Consultant’s services are reimbursed to the City by various applicants for processing their applications and do not represent a cost to the City’s general fund or any other City fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the First Amendment to the Design Professional Services Agreement by and between Coastland Engineering Inc., a California Corporation and the City of Rohnert Park, a municipal corporation, for building services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this First Amendment for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the First Amendment attached hereto as Exhibit “A” and incorporated herein by this reference, subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that upon receipt of permit revenues, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of the contract amendment. DULY AND REGULARLY ADOPTED this 13th day of October, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor 2 ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit “A” CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH COASTLAND ENGINEERING INC Re: BUILDING SERVICES This First Amendment to the Agreement between the City of Rohnert Park (“City”) and Coastland Engineering Inc. (“Consultant”) for additional services (“First Amendment”) is entered into as of the _________ day of October, 2015, (“Effective Date”), by and between City and Consultant. RECITALS A. City and Consultant are parties to that certain Agreement entitled “Design Professional Services Agreement with Coastland Engineering Inc. Re: Building Services” dated April 24 2015, and authorized by the City Manager in accordance with the City’s Purchasing Policy 441.1.5, adopted by City Council Resolution 2012-22, for the amount of $30,000. B. City and Consultant now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. Consultant shall continue to provide plan review, inspection and supplemental services in accordance with “Exhibit A – Scope of Services” of the Agreement. 2. Compensation. Consultant shall perform the services described in this First Amendment for a total not-to-exceed amount of $100,000. 3. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect. 4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. Signatures on following page 2 CITY OF ROHNERT PARK: By:________________________/_______ Darrin Jenkins, City Manager (Date) Per Resolution No. 2015-____ adopted by the Rohnert Park City Council at its meeting of October 13, 2015. ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney CONSULTANT: By:___________________________/_ Name:__________________________ (Date) Title:____________________________ By:___________________________/_ Name:__________________________ (Date) Title:____________________________ ITEM NO. _____________ 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving the Grant of Two Easements to Pacific Gas and Electric Company (PG&E) for the Purpose of Serving Sonoma Marin Area Rail Transit (SMART) RECOMMENDED ACTION: Approve a Resolution Approving the Grant of Two Easements to Pacific Gas and Electric Company (PG&E) for the Purpose of Serving Sonoma Marin Area Rail Transit (SMART) BACKGROUND: Sonoma-Marin Area Rail Transit (SMART) is a voter-approved passenger rail and bicycle-pedestrian pathway project located in Marin and Sonoma counties. It will serve a 70-mile corridor from Larkspur to Cloverdale, with a first phase from San Rafael to Santa Rosa. SMART’s staff and contractors have been working on the construction of the first phase for several years and are currently finalizing their design and construction activities with the goal of having passenger rail service available in Sonoma and Marin Counties in 2016. The first phase of construction and service includes the SMART corridor through the City. As SMART is finalizing its design, it has recognized the need for two easements, across City right- of-way, in favor of Pacific Gas & Electric Company (PG&E). The easements will perfect PG&E’s use of existing public utility easements and will allow PG&E to bring power and communication services to the SMART right-of-way for the purposes of providing light and signal service along the corridor. ANALYSIS: Both proposed easements allow power service to be brought underground from existing overhead poles to the SMART right-of-way and also provide PG&E with access rights to service its infrastructure. The first easement is along the very western edge of the Foxtail Course between Hinebaugh Creek and Professional Center Drive and includes two distinct pieces. 1. A 30-foot wide by approximately 290-foot long overhead easement between two existing poles. The existing poles and aerial wires serve only the City’s golf course and as a result there is not a formal easement in favor of PG&E. In order to serve a second customer (SMART) from these existing facilities, PG&E needs to perfect the easement in its favor so it can operate and maintain facilities to serve both the City and SMART 2. A 10-foot by approximately 50-long underground easement from the existing pole to SMART’s right of way. This portion of the easement is for underground rights at the Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. _____________ 2 City’s request and consistent with the City’s policy discouraging new overhead utility connections. PG&E has already placed the underground conduit in this location, based on its historic perscriptive use in this area, but in order to place the wire and energize SMART’s meter, it again needs perfected land rights. The second easement is behind Lancaster Drive in south eastern Rohnert Park and includes an approximately 20-foot wide by 145-foot long underground easement from Lancaster Drive to the SMART right-of-way. There is an existing public utility easement across this parcel which already carries gas and water utilities. As with the Foxtail Golf Course Easement, PG&E has already placed the carrying conduit within the existing public utility easement and generally on the southern side of the easement. The conduit was installed with a directional bore (no surface excavation) and was coordinated with the neighboring property owners in order to minimize surface disturbance, including disturbance to existing vegetation which has grown up in the City’s right of way. As is the case with the Foxtail Golf Course Easement, PG&E’s remaining work consists of pulling the service wire in the existing easement and energizing SMART’s meter. OPTIONS CONSIDERED: None. Providing PG&E with the right-of-way necessary to serve the SMART right-of-way is consistent with City’s support of Sonoma Marin Area Rail Transit and necessary to allow for the timely completion of the first phase of SMART’s project. SMART has needed to acquire over 20 easements in favor of PG&E to support its operation and these two easements in Rohnert Park are among the last to be secured. FISCAL IMPACT/FUNDING SOURCE: The City will incur a modest fiscal impact, in the form of staff and attorney time, to process and appropriately file the two easements. The funding for this time will predominately be the Development Services operational budget. SMART has offered compensation of $1,000 for each easement to assist the City in covering these costs. Department Head Approval Date: NA City Manager Approval Date: 10/07/2015 City Attorney Approval Date: 9/29/2015 Finance Director Approval Date: NA Attachments (list in packet assembly order): 1. Resolution Approving the Grant of Two Easements to Pacific Gas and Electric Company (PG&E) for the Purpose of Serving Sonoma Marin Area Rail Transit (SMART) and Authorizing the City Manager to Execute 2. Resolution Exhibit A – PG&E Easement Deed_Foxtail Golf Course 3. Resolution Exhibit B – PG&E Easement Deed_Lancaster Drive RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE GRANT OF TWO EASEMENTS TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR THE PURPOSE OF SERVING SONOMA MARIN AREA RAIL TRANSIT (SMART) WHEREAS; the Sonoma Marin Area Rail Transit (SMART) is a voter–approved special legislation agency empowered to provide passenger rail and path service in Sonoma and Marin Counties including through the City of Rohnert Park; WHEREAS, the City of Rohnert Park will benefit from the service provided by SMART in the form of increased transportation options, reduced regional congestion and reduced green- house gas emissions associated with transportation activities; and WHEREAS, SMART has commenced design and construction of the first phase of service within its 70-mile service corridor and this first phase includes service to the City of Rohnert Park; and WHEREAS, SMART’s staff and design team have determined that electric utility and communication service, provided by Pacific Gas & Electric Company (PG&E) must be extended to support the operation of the passenger rail service; and WHEREAS, SMART and PG&E have requested the City to provide two easements across City property for the construction, installation, operation and maintenance of PG&E service to SMART; and WHEREAS, the City is willing to grant the two easements in consideration of the public benefits of SMART to the City and its residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the grant of two easements to PG&E for the purpose of providing service to SMART. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate these easements for and on behalf of the City of Rohnert Park, including execution and recordation, if necessary, in substantially similar form to the easement deeds attached hereto as Exhibits “A” and “B” and incorporated herein by this reference, subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to all actions necessary to receive, budget and appropriate the compensation offered for the easements. DULY AND REGULARLY ADOPTED this 13th day of October, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A and Exhibit B CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Meeting Date: 10-13-2015 Department: Public Safety Submitted By: John McArthur, Public Works and Community Services Director Prepared By: Angie Smith, Purchasing Agent Agenda Title: Authorize the Purchase of Ten (10) Ford Police Interceptor Utility Vehicles including Equipment Build-outs for the Department of Public Safety not to exceed $425,000 and Authorize the City Manager to Execute Purchase Documentation RECOMMENDED ACTION: Authorize the Purchase of Ten (10) Ford Police Interceptor Utility Vehicles including Equipment Build-outs for the Department of Public Safety not to exceed $425,000 and Authorize the City Manager to Execute Purchase Documentation BACKGROUND: The adopted fiscal year 2015-16 budget includes $450,000 for the purchase of ten (10) Police Vehicles for the Department of Public Safety. The Department recommends purchasing the Police Interceptor Utility Vehicle as it allows for sufficient space for storing essential police/fire and radio equipment in the vehicle along with a transport cage. Equipment build-outs are necessary to outfit each police vehicle with radios, light bars, sirens, antennas, cable and wiring, transport cages, weapon brackets, Mobile Data Computer (MDC) docking stations and department logos. OPERATIONAL NEEDS: The City currently has seven (7) police vehicles that have reached the end of their useful life cycle and are scheduled for replacement in the current fiscal year. These vehicles are used by the Department of Public Safety Patrol Division and Detectives for daily public safety functions. The seven aging vehicles will be prepared for auction once the new vehicles are put in service. Replacing the old patrol cars with newer vehicles will provide enhanced vehicle technology, better fuel economy and additional safety features. The additional three (3) police vehicles will be new to the fleet and will be used for the officers assigned to the newly established Community Oriented Policing Unit (COPS). ANALYSIS: Per City Ordinance 843, Resolution 2012-22 these vehicles are available for purchase through a Cooperative Purchase Agreement with the County of Sonoma per Quote #14-0099 from Hansel Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Ford of Santa Rosa, CA. In addition, vehicle build-outs are available through sole source purchase with Pursuit North of Martinez, CA. Pursuit North has completed build-outs for the past three (3) years. They provide a complex and unique function, while maintaining quality workmanship on all the vehicles. FISCAL IMPACT/FUNDING SOURCE: The purchase of the ten (10) vehicles and equipment build-outs will be funded by the Traffic Safety Fund, State/Federal Asset Forfeiture Funds and Casino City Vehicle Contribution Funds. There is zero impact to the General Fund. The requested not to exceed amount will cover any unforeseen costs for equipment, labor, taxes or delivery fees. NOT TO EXCEED $425,000.00 Ten (10) Police Vehicles (Hansel Ford) $319,874.13 Equipment Build-outs (Pursuit North) $95,377.32 Total Approximate Cost $415,251.44 Budget 2015/16 (Traffic Safety/State/Federal Asset Forfeiture Funds) $315,000.00 Budget 2015/16 (Casino City Vehicle Contribution Fund) $135,000.00 TOTAL Budget 2015/16 $450,000.00 VEHICLE REPLACEMENT FUNDS: Per City Council Vehicle Replacement Policy No. 415.37, approved by City Council Resolution No. 2011-56 on 6-28-2011, replacement funds will be set aside each fiscal year in the Vehicle Replacement Fund in amounts based on each vehicle’s projected replacement value and expected service life. Department Head Approval Date: 9-28-2015 (McArthur) Finance Director Approval Date: 9-25-2015 (Howze) City Manager Approval Date: 9-28-2015 (Jenkins) City Attorney Approval Date: N/A ITEM NO. _____________ 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving a Recycled Water User Agreement and Authorizing the City Manager to Execute RECOMMENDED ACTION: By Minute Order, Approve a Standardized Recycled Water User Agreement and Authorize the City Manager to Execute. BACKGROUND: On July 14, 2015 the City Council approved the “Producer/Distributor Agreement for the Transfer of the Rohnert Park Urban Reuse System and Supply of Recycled Water between the City of Santa Rosa and the City of Rohnert Park” (“Producer Distributor Agreement”). This Producer Distributor Agreement was approved by the Santa Rosa Board of Public Utilities on July 16, 2015 and the transfer of the system and assignment of customers became effective on August 1, 2015. Both Santa Rosa, and now the City, manage the relationship with the current recycled water customers through a User Agreement which spells out the terms of recycled water use including payment and service provisions and user responsibilities. A number of the existing User Agreements that were assigned to the City by Santa Rosa will expire within the year and the City is also in receipt of new service requests from the developers of the Reserve at Dowdell, Oxford Suites and the University District. Currently all new or renewed User Agreements require approval by the City Council, which is an administratively complex process for these rather routine agreements that contain almost identical terms. Staff is proposing that the City Council approve a form of Recycled Water User Agreement (Attachment 1) and authorize the City Manager to execute this agreement with new or renewing users. Should any users’ particular circumstances require modification of the approved form of Recycled Water User Agreement, that specific agreement would be returned to Council for approval. ANALYSIS: The Recycled Water User Agreement sets forth the business agreement between the City and its recycled water customer(s). It is also an important regulatory document because it contractually imposes the “local rules and regulations” for the recycled water system on users. The Regional Water Quality Control Board, which regulates recycled water use, does require recycled water distributors to promulgate local rules and regulations. Almost all of the terms in the proposed User Agreement are “standardized” because they are established by regulatory requirements, the physical and hydraulic characteristics of the system and the pricing policy of the Santa Rosa Subregional System. The majority of the City’s existing Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. _____________ 2 customers and any new customers would otherwise use the City’s potable water for irrigation and construction water. By entering into the Recycled Water User Agreement, these users will use recycled water instead, and will pay a recycled water rate of 95% of the potable water rate. The Recycled Water User Agreement covers the following terms: 1. Define the location of service 2. Define the delivery pressure and quality of the recycled water (set by system characteristics) 3. Define the price of recycled water (95% of potable rate per Subregional System Policy) 4. Define the payment terms 5. Require the Recycled Water User to comply with applicable terms of the City/Subregional System permits (set by regulatory requirements) 6. Define the Users’s onsite responsibilities including maintenance, signage, operational hours, requirement to provide self-inspection and supervision and responsibility to provide record drawings (set by regulatory requirements) 7. Define the entry rights of the City and other regulatory authorities (set by regulatory requirements) 8. Outline general terms of the business relationship including provisions for notice, assignment, termination and appropriate signature authority. The proposed User Agreement terms have generally been brought forward from the existing Recycled Water User Agreements assigned to the City, by Santa Rosa, except that the billing and payment terms have been normalized to allow for better integration into the City’s utility billing system. Because the terms of the Recycled Water User Agreement are standard and because enrolling other new utility customers (e.g. water and sewer customers) is an administrative action, staff is proposing that the Council approve the form of the Agreement and allow these agreements to be executed by the City Manager in order to streamline the administration of this new program. As noted above, several of the customers of the recycled water system do not pay the 95% of the City’s potable water rate. In most cases this is because the customers’ contract with the Santa Rosa predated Santa Rosa’s policy of required recycled water users to pay 95% of the recycled water rate. City staff will work with the customers to bring these customers under the standard User Agreement, with rates equal to 95% of potable as renewals occur. However, three customers pay less than 95% of the potable water rate because they either have or had an alternative source of water that was not the City’s potable water system. These customers are Sonoma State University, Foxtail Golf Course and Sonoma Mountain Village (Codding Enterprises). These customers are also subject to special provisions in the City’s Producer/Distributor Agreement with the City of Santa Rosa and the City generally pays a lower wholesale price for the recycled water used by these customers. Because of the unique circumstances around these three customers, staff proposes that Council continue to review these three agreements as they come up for renewal. OPTIONS CONSIDERED: 1. Approve a Recycled Water Use Agreement and authorize the City Manager to execute (recommended action). This action allows staff to renew agreements with existing ITEM NO. _____________ 3 customers and enroll new customers in the recycled water program, without additional Council Action, provided the standard agreement terms are used. This will streamline the administration of the recycled water program by allowing routine functions, such as adding new connections, to be approved at the staff level. 2. Continue to bring all Recycled Water User Agreements to Council for approval. This option is not recommended because it complicates the process of adding new users, who have agreed to the City’s standard terms and costs to the administration of the recycled water program. FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact to approving the form of the Recycled Water User Agreement. Department Head Approval Date: N/A City Manager Approval Date: 9/30/2015 City Attorney Approval Date: 9/29/2015 Finance Director Approval Date: 9/25/2015 Attachments (list in packet assembly order): 1. Form of Recycled Water User Agreement Attachment 1 RECYCLED WATER USER AGREEMENT THIS AGREEMENT (“Agreement”) is entered into this ________ day of ______________________, 20___ by the CITY OF ROHNERT PARK, a municipal corporation, (“CITY”) and __________________________ (“USER”) (collectively, the “Parties”). RECITALS A. CITY is party to a Producer/Distributor Agreement for Transfer of the Rohnert Park Urban Reuse System and Supply of Recycled Water between the City of Santa Rosa and the City of Rohnert Park, dated July 16, 2015 (“Producer/Distributor Agreement”), that authorizes it to distribute tertiary treated recycled water, as defined by Title 22 of the California Code of Regulations (“Recycled Water”), through the Rohnert Park Urban Reuse System (“Urban Reuse System”). B. USER owns property identified as APN # ____________ and located at ___________, which includes certain landscaped areas that USER desires to irrigate with recycled water distributed by CITY. Irrigation of these landscaped areas with Recycled Water will allow CITY and USER to conserve potable water. C. USER may also undertake construction activities on the property and USER desires to use Recycled Water distributed by the CITY for construction water purposes including moisture conditioning, dust control, concrete mixing and other uses permitted by Title 22 of the California Code of Regulations. Use of Recycled Water for construction purposes also allows CITY and USER to conserve potable water. AGREEMENT 1. DEFINITIONS. a. “DDW” means the State Water Resources Control Board’s Division of Drinking Water. b. “General Permit” means the State Water Resources Control Board Order WQ2014-0090-DWQ General Waste Discharge Requirements for Recycled Water Use adopted on June 3, 2014 as it now exists or may be amended or revised. c. “High Pressure System” means the portion of the Rohnert Park Reuse System that begins at the Poncia Pump Station near the intersection of Stony Point Road and Rohnert Park Expressway and that delivers recycled water at pressures of approximately 100 pounds per square inch. d. “Low Pressure System” means the portion of the Rohnert Park Reuse System that begins at the intersection of Stony Point Road and Wilfred Avenue and the delivers recycled water at pressures between 5 and 20 pounds per square inch e. “PSI” means pounds per square inch. f. “NPDES” means National Pollutant Discharge Elimination System. 2 OAK #4840-4995-5881 v1 g. “NPDES Permit” means the NPDES Waste Discharge Requirements and Master Reclamation Permit for the City of Santa Rosa Subregional Water Reclamation System issued by the North Coast Regional Water Quality Control Board, as it now exists or may be amended or revised. h. “Recycled Water Use Permit” means local authorization from the CITY to utilize Recycled Water in accordance with state and federal water quality laws and permits issued by the State Water Resources Control Board or the North Coast Regional Water Resources Control Board. i. “Recycled Water Users Guide” means the “Recycled Water Users Guide” produced by the City of Santa Rosa, as it now exists or may be amended or revised. j. “RWQCB” means the North Coast Regional Water Quality Control Board. k. “Subregional System” means the Santa Rosa Subregional Water Reclamation System. l. “SCDEH” means the Sonoma County Department of Environmental Health m. “SWRCB” means the State Water Resources Control Board. n. “Title 17” means Title 17 of the California Code of Regulations, as it now exists or may be amended or revised. o. “Title 22” means Title 22, Division 4 of the California Code of Regulations, as it now exists or may be amended or revised. p. “Water Reclamation Requirements” means the requirements outlined in Title 22 of the California Code of Regulations as they exist now or may be amended or revised. 2. TERM. The term of this Agreement shall be ______ years (“Term”) commencing on the date this Agreement is fully executed (“Effective Date”), unless earlier terminated in accordance with Section 14. 3. USE AREA. USER shall use Recycled Water it receives under this Agreement for construction purposes and/or use on certain landscaped areas by using the onsite recycled water system as described in Exhibit A and shown in Exhibit B, which are attached hereto and incorporated herein by this reference. The Recycled Water use areas and the onsite recycled water system are collectively referred to as the “SITE”. 4. CITY DISTRIBUTION OF RECYCLED WATER. a. Quality of Recycled Water. The Recycled Water distributed by CITY to USER under this Agreement shall be of a sufficient quality for construction use or irrigation of landscaped areas with unrestricted access in accordance with Title 22 and the regulations and guidelines of the RWQCB and DDW. b. Recycled Water System Pressure. CITY shall distribute Recycled Water to the Site at typically 60 to 90 PSI, if user is connected to the City’s High 3 OAK #4840-4995-5881 v1 Pressure System, or at typically 8 to 15 PSI if USER is connected to the City’s Low Pressure System. The actual distribution rate will vary depending on the demand of USER’s Recycled Water irrigation system. For purposes of this Agreement, USER is connected to (check one): [ ] High Pressure System [ ] Low Pressure System c. Recycled Water Distribution Control. CITY shall control distribution of Recycled Water to the Site by a valve station located on the Site, as shown in Exhibit B. The valve station shall be owned and operated by CITY, and CITY shall have unrestricted access to the valve at all times. d. Limitations Precluding the Distribution of Recycled Water. The Parties acknowledge that distribution of Recycled Water to USER under this Agreement may be prevented by causes outside the reasonable control of CITY including, but not limited to, acts of God, insufficient Recycled Water supply as determined by CITY in its sole discretion, malfunction of CITY’s distribution system, malfunction of the Subregional System’s treatment or distribution systems, acts of a third party, or order of a governmental regulatory authority. i. If distribution is interrupted under this Section, USER agrees to return to Recycled Water use as soon as CITY is able to resume delivery. ii. If distribution is interrupted under this Section, CITY shall have no obligation to provide any alternate source of water supply to USER and USER shall pay for the full cost of any water used from an alternate source of supply. e. City Authority to Interrupt Distribution. City may interrupt distribution of Recycled Water to USER under this Agreement if CITY, in its sole discretion, determines that USER is not responsibly managing the Site or that USER is out of compliance with laws, rules, regulations, or permits related to USER’s use of Recycled Water or CITY’s distribution of Recycled Water. If CITY interrupts distribution of Recycled Water under this Section, CITY shall have no obligation to provide any alternate source of water supply to USER and USER shall pay for the full cost of any water used from an alternate source of supply. 5. USER PAYMENT FOR RECYCLED WATER. a. Beginning on the Effective Date, USER shall pay CITY for Recycled Water at 95% of the CITY’s potable water rate (“Recycled Water Rate”). Increases in the Recycled Water Rate are effective at the time an increase in potable water rates are effective. b. CITY shall read the USER’S recycled water meter(s) approximately monthly and shall bill the USER for the total quality delivered during the billing period in accordance with the City’s standard billing practices. USER may periodically review CITY’s meter reads if desired 4 OAK #4840-4995-5881 v1 c. Payment for bills is due within 20 days of receipt. If payment is not received within 20 days, CITY will impose a ten percent (10%) late payment charge. d. At any time during the term of this Agreement, CITY may modify the meter reading and billing schedule from monthly to every other month. CITY will provide USER with 30 days written notice of any change to the meter reading frequency. 6. ENTIRE AGREEMENT SUBJECT TO RECYCLED WATER REGULATORY REQUIREMENTS a. USER acknowledges that CITY is subject to state and local Recycled Water laws, rules, regulations and permits as they exist now or may be amended, revised or superseded during the Term of this Agreement, including but not limited to the provisions for Recycled Water use established by the NPDES Permit or the General Permit, Title 17, Title 22, Water Reclamation Requirements, and requirements of the DDW. b. USER acknowledges that it also has responsibility to comply with all state and local Recycled Water laws, rules, regulations and permits as they exist now or may be amended, revised or superseded during the Term of this Agreement, including but not limited to those that apply to the use of Recycled Water on the Site. USER acknowledges receipt of the Recycled Water User’s Guide, and agrees to comply with all requirements set forth therein, as those requirements may be revised or amended. USER also agrees to comply with the DDW’s Guidelines for Use of Recycled Water, as those requirements may be revised or amended, including those requirements included in Exhibit C, attached hereto and incorporated herein by this reference. c. USER shall design, install, and operate its Recycled Water irrigation system at the Site in full compliance with all laws, rules, regulations and permits for Recycled Water use as they exist now and as they may be enacted, amended, or revised during the Term of this Agreement. d. This Agreement constitutes a Recycled Water Use Permit. 7. RECEIPT AND APPLICATION OF RECYCLED WATER. a. USER agrees to receive, accept and apply Recycled Water distributed by CITY during the Term of this Agreement only for construction or irrigation use on landscaped areas and only through the onsite recycled water system, except for portions of the Site where application of the Recycled Water may be prohibited by any law, rule, regulation, or guideline governing the use of Recycled Water. USER shall make no other use of the Recycled Water, without amendment to this Agreement in accordance with Section 12(b). b. USER will primarily irrigate with Recycled Water between 8:00 p.m. and 7:00 a.m. If USER irrigates with Recycled Water during any other period of time, USER shall control the irrigation use to minimize public contact with Recycled Water. 5 OAK #4840-4995-5881 v1 8. SITE SUPERVISOR. a. USER shall designate a site supervisor, and may designate an alternate site supervisor, who shall be the CITY’s primary point(s) of contact for the site (collectively, “Site Supervisors”). By entering into this Agreement, USER certifies that the Site Supervisors have all necessary authority to carry out any of USER’s obligations under this Agreement, including but not limited to USER’s compliance with all requirements of Section 6. The Site Supervisors shall attend any Site Supervisor training required by CITY during the Term of this Agreement. At least one of the Site Supervisors must be available at all times and must have any necessary staff available at all time to assure 24-hour system coverage and prompt response to any operational issues identified by CITY. b. USER hereby designates the following person(s) as Site Supervisors. USER shall promptly inform CITY in writing of any change to these designated Site Supervisors and/or their phone number(s) during the term of this Agreement. Site Supervisor Alternate Site Supervisor Name: Name: Position: Position: 24 hour phone: 24 hour phone: 9. ON-SITE FACILITY REQUIREMENTS. a. CITY shall install, access, read and maintain the Recycled Water meter(s) on the Site, as shown in Exhibit B, to monitor Recycled Water distribution to USER. b. USER shall perform all work and shall be responsible for all costs of construction, operation, and maintenance of all other aspects of the Recycled Water distribution and irrigation systems at the Site that are not specifically the responsibility of CITY under this Agreement, including but not limited to all costs of modifications required of, or desired by, USER. Such modifications may include, but are not limited to: i. Placing of appropriate signs on the Site that notify USER’s employees and the public of the use of Recycled Water on the Site. ii. Marking all solenoid valve boxes on the Recycled Water system. Marking shall be in accordance with all laws, regulations, and guidelines, which may include placing an appropriate purple tag on the existing valve box lid or providing a new purple lid. c. CITY shall be responsible for the ongoing maintenance, repair and replacement of the Recycled Water meter and all facilities connecting the water meter to the Urban Reuse System. USER shall be responsible for 6 OAK #4840-4995-5881 v1 the ongoing maintenance, repair and replacement of all Recycled Water system facilities downstream from the meter and all initial and ongoing onsite management and operation of USER’s Recycled Water system to ensure USER meets its obligations under this Agreement, including but not limited to meeting CITY’s and all regulatory agencies’ requirements for use of the Recycled Water. d. Any installation, modification or construction of USER’s Recycled Water irrigation system shall be in accordance with all laws, regulations, and guidelines, including but not limited to those promulgated by DDW, RWQCB and SCDEH, pertaining to nonpotable water systems including, but not limited to, the proper marking of piping, valves, valve boxes, controllers and all other components to differentiate them from onsite potable water facilities. 10. RECORD DRAWINGS. USER shall notify CITY prior to making any modifications or changes to USER’s water systems at the Site. USER shall also provide CITY with accurate record drawings each time USER modifies or changes USER’s water systems on the SITE during the term of this Agreement. The record drawings shall show the locations of all pipelines, controllers, valves, fountains, buildings, structures, property boundaries, wells and any other features known or considered by the City to be important to the onsite use of Recycled Water. 11. PERMISSION TO ENTER. USER agrees to allow CITY, RWQCB, DDW and SCDEH, acting through their duly authorized employees, agents, representatives or contractors, access at reasonable times to enter the Site for the purpose of observation of or modification of Recycled Water facilities, for maintaining CITY -installed facilities, for meter reading, and for observing and verifying that USER is operating its Recycled Water facilities and is using the Recycled Water in a proper manner and in accordance with this Agreement, any Recycled Water laws, rules, regulations, or guidelines, the requirements of any regulatory agency, and all other provisions of law. When entering the Site, CITY shall not unreasonably interfere with USER’s operations and use of the Site. 12. GENERAL CONDITIONS. a. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, and venue shall be in the State courts in the County of Sonoma. b. This Agreement contains all agreements of the Parties with regard to the subject of this Agreement and cannot be enlarged, modified or changed in any respect except by written agreement between the Parties. c. The unenforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal, and the Parties shall negotiate in good faith as to the effect of said unenforceability, invalidity or illegality on the rights and obligations of the Parties. d. The captions, titles and headings in this Agreement shall have no effect on the interpretation of this Agreement or any part thereof. 7 OAK #4840-4995-5881 v1 e. This Agreement shall be binding on the heirs, successors, lessees, sub lessees, assigns and transferees of USER. 13. ASSIGNMENT. a. This Agreement may be assigned by the CITY to the City of Santa Rosa in its role as producer of Recycled Water. b. USER may not assign this Agreement. 14. TERMINATION. a. Should one party breach any of the terms and conditions in this Agreement, written notice of such breach shall be given to the breaching party by the other party. If the breaching party does not take reasonable steps toward correcting the breach within 5 days from such notice, the other party may, in addition to any remedies provided in this Agreement and/or by law, terminate this Agreement on 30 days' written notice to the breaching party. b. In addition, CITY may terminate this Agreement immediately if: i. USER does not make payment to City of any amount due under this Agreement within 30 calendar days of the payment deadlines provided in Section 5. ii. CITY, in its sole discretion, determines that USER is not responsibly managing the SITE, or that USER is out of compliance with laws, rules, regulations, or permits related to USER’s use of Recycled Water. iii. CITY, in its sole discretion, determines it is or will be, unable to distribute adequately treated Recycled Water to USER for any reason whatsoever for a period greater than 30 calendar days. iv. CITY, in its sole discretion, determines it cannot reasonably meet the laws, rules, regulations, or permit requirements related to the CITY’s distribution of Recycled Water under the terms of this Agreement. v. CITY is ordered to cease distribution of Recycled Water to USER by a governmental authority. c. USER may terminate this Agreement on 30 calendar days written notice to CITY if the land use on USER’s entire Site is changed and use of Recycled Water is no longer feasible. d. In the event of termination, CITY shall not be obligated to reconnect USER’s irrigation system to any potable water supply or other water supply, and any and all of USER’s costs associated with such termination shall be borne exclusively by USER. 15. NOTICES. Any notices necessary to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice 8 OAK #4840-4995-5881 v1 shall be effective when personally delivered or deposited, postage paid, in the U.S. mail addressed as follows: CITY USER 16. RECORDATION. Either party to this Agreement may record a Memorandum of Agreement. 17. AUTHORITY. USER hereby represents and warrants to CITY that it has the power and authority and the legal right to consummate the transactions contemplated in this Agreement, that this Agreement has been duly authorized, and that, when executed by the signatory or signatories listed below, this Agreement shall constitute a valid agreement binding on USER in accordance with the terms hereof. IN WITNESS WHEREOF, CITY and USER have executed this Agreement as of the date and year first written above. Signatures on next page 9 OAK #4840-4995-5881 v1 USER: CITY: ___________________________ CITY OF ROHNERT PARK, A Municipal Corporation _____ Individual/Sole Proprietor _____ Partnership By:___________________________ _____ Corporation Print Name: ________________ _____ Limited Liability Company Title: City Manager _____ Other (please specify: _______________) By (Signature): _____________________ Print Name: ________________________ Print Title: _________________________ Telephone: _________________________ APPROVED AS TO FORM: ____________________________ Michelle Marchetta Kenyon, City Attorney 10 OAK #4840-4995-5881 v1 EXHIBIT A LOCATION OF APPLICATION AREA The location of USER’s application area, the aggregate of which shall be known as USER’S SITE, is as follows: Application Area Name Application Area Street Address Approximate Irrigation Area (Acres) 11 OAK #4840-4995-5881 v1 EXHIBIT B DIAGRAM OF APPLICATION AREA 12 OAK #4840-4995-5881 v1 EXHIBIT C SPECIAL RECYCLED WATER USE REQUIREMENTS The following use requirements are taken from the State Water Resource Control Board Division of Drinking Water’s Guidelines for Use of Recycled Water. 1. Recycled Water and spray shall be confined to the authorized use area. 2. CITY -provided signs shall be prominently posted to inform the public that Recycled Water is being used. 3. Public contact with Recycled Water shall be minimized. 4. Recycled Water piping, controllers, valves, etc., shall be marked to differentiate the Recycled Water facilities from the potable water facilities. 5. Recycled Water valves, outlets, quick couplers and sprinklers shall be of a type, or secured in a manner, that permits operation only by USER'S authorized personnel. 6. Any use or installation of hose bibs shall be posted "RECYCLED WATER. DO NOT DRINK." 7. In accordance with DDW requirements, there shall be at least a 10-foot horizontal and 1-foot vertical separation between all pipelines transporting Recycled Water and those transporting potable water, with the potable water pipeline above the Recycled Water pipeline. 8. An air-gap separation or reduced-pressure-principle device shall be provided at all potable water service connections to Recycled Water use areas. There shall be no connection between potable water supply and Recycled Water piping. Supplementing Recycled Water with any other source shall not be allowed except through an air-gap separation. 9. Drinking water facilities shall be protected from Recycled Water spray. 10. There shall be no Recycled Water irrigation or impoundment within 50 feet of any well for domestic supply. 11. Adequate measures shall be taken to minimize ponding and runoff and to prevent the breeding of mosquitoes of public health significance. 12. Inspection, supervision and employee training shall be provided by USER to assure safe and proper operation of the Recycled Water system. ITEM NO. 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Authorizing the City Manager to Execute Task Order 2015-02 with Green Valley Consulting Engineers for Construction Management and Inspection Services for the Rohnert Park Expressway Rehabilitation Phase 2 Project (City Project 2015-01) RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute Task Order 2015-02 with Green Valley Consulting Engineers for Construction Management and Inspection Services for the Rohnert Park Expressway Phase 2 Project (City Project 2015-01). BACKGROUND: The City is undertaking two capital improvement projects to resurface Rohnert Park Expressway from Commerce Boulevard to Snyder Lane. The first project (Rohnert Park Expressway Rehabilitation Phase 1, City Project No. 2013-01) includes resurfacing from State Farm Drive to Snyder Lane. This project is Federally-funded, and project extent is limited to the area that underwent Federal environmental review. The result is that the Phase 1 project cannot easily be expanded beyond the area that received environmental clearance, in accordance with Federal-aid rules. Because of this, staff developed the Rohnert Park Expressway Rehabilitation Project, Phase 2 (City Project No. 2015-01) to complete the resurfacing from Commerce Boulevard through State Farm Drive. The Phase 1 Project has already been advertised and awarded and is beginning construction. The City selected Green Valley Consulting Engineers to provide construction management and inspection services through a qualifications-based selection process. The City has received bids for the Rohnert Park Expressway Phase 2 Project and is recommending that the City Council award the construction contract to Ghilotti Construction. The low bid for the construction contract is $680,389.75, with a 15% allowance for change orders, $782,448.21. Staff is proposing to retain Green Valley Consulting Engineers to provide for the construction management and inspection of the Phase 2 project because of the efficiency that will result from having a single firm manage the work on both Phases 1 and 2. Staff has requested, and Green Valley Engineers has provided a proposal for this additional work. Staff is proposing that the work be conducted under a separate Task Order because the funding sources for the two RPX rehabilitation projects are different. ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the City's purchasing policy. Consistent with City of Rohnert Park Purchasing Policy, Section 3.6.6(B) Master Services Agreements, Green Valley Consulting Engineers was selected to provide construction management and inspection services on Phase 2 due to their professional qualifications and demonstrated competence as well Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 as familiarity of the project. Green Valley has an existing Master Services Agreement with the City that allows for the approval of Task Orders for specific projects. The proposed Task Order has a not-to-exceed amount of $75,000 which is 9.6% of the potential contract value. This is a reasonable cost for the work. The proposed scope of services reflects the fact that some of the work, particularly the resurfacing of the Rohnert Park Expressway and Commerce Boulevard intersection, may take place as night work to minimize impacts to the public. OPTIONS CONSIDERED: None. Retaining Green Valley to complete the construction management and inspection of the second phase of the Rohnert Park Expressway Project is the most efficient option for the City. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $75,000.00. Funding for the construction management services is included in the City’s Capital Improvement Program budget for Rohnert Park Expressway Phase 2 (City Project 2015-01). Department Head Approval Date: 09/21/2015 City Manager Approval Date: 09/28/2015 City Attorney Approval Date: 09/28/2015 Finance Director Approval Date: 09/22/2015 Attachments (list in packet assembly order): 1. Task Order 2015-02 with Green Valley Consulting Engineers for Construction Management and Inspection Services for the Rohnert Park Expressway Rehabilitation Phase 2 Project (City Project 2015-01) 2. Task Order Exhibit A Scope of Work 3. Task Order Exhibit B Fee Proposal Attachment 1 TASK ORDER NO. 2015-02 CITY OF ROHNERT PARK AND GREEN VALLEY CONSULTING ENGINEERS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE ROHNERT PARK EXPRESSWAY REHABILITATION PHASE 2 (PROJECT 2015-01) SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct Green Valley Consulting Engineers to proceed with the construction management and inspection services specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and Green Valley Consulting Engineers ("Consultant") dated January 26, 2011. SECTION 2 – SCOPE OF WORK The work authorized by this Task Order is construction management and inspection activities for the Rohnert Park Expressway Rehabilitation Phase 2 Project as is more particularly described in Exhibit “A,” which is attached hereto and incorporated by this reference. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The cost for the services as set forth in SECTION 2 above shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B,” which is attached hereto and incorporated by this reference, for an amount not-to-exceed $82,250. Total compensation under this Task Order No. 2015-02 shall not exceed $75,000. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 above shall be completed during Fiscal Year 2015/16, unless extended in writing by the City Manager. SECTION 5 – ITEMS AND CONDITIONS Except as expressly modified by this Task Order, all terms and conditions contained in the MASTER AGREEMENT between City and Consultant shall remain in full force and effect and are incorporated herein by this reference. Approved this 13th day of October, 2015. CITY OF ROHNERT PARK Green Valley Consulting Engineers _____________________________ ___________________________________ Darrin Jenkins, City Manager Liz Ellis, Principal Engineer Per Minute Order adopted by the Rohnert Park City Council at its meeting Of 10/13/15 ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney Exhibit A Scope of Services Rohnert Park Expressway Rehabilitation – Phase 2 Project Project Understanding The City of Rohnert Park will be rehabilitating the second phase of Rohnert Park Expressway from Commerce Boulevard to State Farm Drive. The work includes the pavement rehabilitation and resurfacing of the Blvd., along with the installation of a concrete median, traffic signal detection system and the AC surfacing of the Civic Center (Library) Parking Lot. Overall the work consists of AC dig-outs, AC paving, striping and pavement markers, minor concrete work and other miscellaneous items of work. The Project is currently being advertised and will open bids on September 15, 2015 and is scheduled for 35 working days. The Contractor is not allowed to close lanes on Commerce Boulevard during the day. Work requiring the closure of any lanes (estimated to be the majority of the work) shall be done during special working hours of 9:00 pm to 5:00 am. The work at the library will be required to be done on Mondays when the library is closed. We have assumed that our inspector will be working nights for the duration of the project and a second inspector will be required for any day work – such as the Library. Key items that our team will be aware of and have the experience to address during construction include:  Heavy traffic volumes and proximity to Highway 101 and business district, along with a number of schools, including Sonoma State  Pedestrian traffic at intersections when pedestrian ramps will be impacted  Electrical items associated with the telemetry system and coordination with RTU vendor  Paving operations and night work Critical to the success of this project during construction is an understanding of the high vehicular traffic that occurs in the project limit. The project does not directly impact any residential homes but there are many neighborhoods and businesses within the immediate vicinity. Green Valley is well experienced with working on high pedestrian and vehicular volume neighborhoods. Additionally, our inspection team of Sean Lawson, Clayton Jones, Charlie Williamson all have extensive night work experience and team experience working together and with Tom Gorman. Scope of Work for Construction Management/Inspection Our scope of work is to provide the City with a senior level full-time on-site inspector(s), a part- time Construction Manager, and a construction support team (Construction Management Team). Our proposed team will act as an extension of the City’s own staff and will coordinate on project details, schedules, goals, etc. The City’s RFP has outlined in detail the services required of our team. We have not attempted to copy these requirements, but rather to outline our approach that will cover those services, as well as any that we feel should be included to bring the project to a successful close for the City of Rohnert Park. The Construction Manager’s overall responsibility and scope of work is to get the water transmission main constructed! The consultant will act on behalf of the City as an adjunct to staff and work to move the project forward in as expeditious a manner as possible. The Construction Manager Services will include contract administration, construction management, field inspection to observe and document daily construction activities, and geotechnical observation and material testing. The construction manager will provide Resident Engineer services as required. Specifically, the work shall include the following: Pre-Construction Services Construction Phase Services Post-Construction Services Pre-Construction Services: 1. Conduct a kick-off meeting with the City staff and relevant parties to discuss the proposed design scope and subsequent construction of the project. 2. Perform a constructability review of the plans and specifications to ensure the feasibility and constructability of proposed improvements. 3. Prepare a Construction Management Plan for the project. The Plan will include the following: • Preparation of a project specific manual identifying procedures and protocols to be used by the Construction Manager and project inspectors throughout the project. • Identifying lines of communication between City, Contractor, and Inspector. • Contact list of key agencies, personnel, emergency contacts for Fire, Police, and others, etc. • Provides for standard daily field reports of work accomplished. • Shop drawing log to identify contractor submittals and tracks status of approvals and return to contractor. • Logging system to track contractors’ requests for information and status of responses. • Logging system to identify change order requests and status of approvals or negotiations. • Log of correspondence from and to contractor and City. • Preparation of a monthly report to the City Council showing progress for the previous month, with any issues needing resolution or pending. Photos of work in progress are typically included. • Assisting City with review of monthly progress payment requests from the contractor and recommendations to the City for payment. • Preside over weekly or semi-weekly progress meetings to discuss previous period progress and review upcoming work, discuss status of submittals, correspondence, requests for information, and other significant issues relating to the project. • Photo records of construction and monitoring of contractor’s record drawings. 4. Perform a thorough review of the final bid documents prior to start of construction. Verify quantities provided in the bidding documents. Provide results to the City and make recommendations on any identified ambiguities or omissions. 5. Prepare a baseline project schedule in Microsoft project (or equal), and use for comparison to the Contractor’s submitted schedule. 6. Determine requirements, and identify any necessary permits as required to construct and operate the improvements. 7. Prepare a list of affected utilities. Prior to commencement of construction, prepare a notice to utilities identifying the impact of the project on their utilities and for any relocation required. 8. Review the project plans and conduct a job walk to verify the site conditions. Determine the construction requirements, constraints, sequence of operations, methods of traffic control, and related project activities/events. Determine any interference with current or future projects and make recommendations for construction staging and phasing. 9. Take photos and video of the existing site conditions. 10. Conduct meetings with the businesses and residents along the route to inform them about the project schedule and construction impacts. Construction Phase Services: 1. Schedule and chair the Pre-Construction Conference. We will prepare an agenda and minutes of the meeting. Attention will be given to those items which may impact the schedule and/or project funding. 2. Conduct progress meetings with the Contractor, the City Project Manager, and other involved parties to discuss the progress of the project. Follow up on the issues raised at these meetings to expedite resolution and closure to issues. 3. Provide Contract work with the City. Establish and implement coordination, tracking, and communication procedures among City, Inspector, Construction Manager, Construction Inspector, and Contractor. Prepare correspondence, reports, meeting notes, and other documentation as needed to communicate with the City, the Contractor, and other involved parties, and to establish a clear program record. Prepare and circulate meeting minutes. 4. Establish and implement coordination, tracking, and communication procedures among City, CM, Construction Inspector, Designer, and Contractor. 5. Establish and implement procedures for reviewing and processing requests for clarification and interpretation of the contract documents, shop drawings, samples and other submittals, contract schedule adjustments, change order proposals, written proposals for substitutions, payment applications, and the maintenance of field logs. Assist City in notifying the public prior to performing construction work that will impact them. 6. Record Management and Document Control Document Tracking System: Maintain a computer-based correspondence, information, and submittal tracking system to ensure that correspondence requiring responses, requests, and submittals are answered in a timely manner. The contractor’s submittal schedule will list all significant submittals required by the specifications and those that are critical to the project’s success. The schedule will identify the expected date that the item is due. We will review the schedule to confirm that all submittals are listed and that the planned dates allow sufficient time before the item is required on the job site. Green Valley Consulting Engineers will identify those submittals that can be reviewed at the job site and those that should be reviewed by the design engineer. The objective will be to proactively forecast potential problems and develop solutions before impacts occur in the project process. Maintain Project Files: Maintain orderly project files. These files shall include, but not be limited to: • Notice to Proceed • Correspondence • Meeting minutes • Submittals • Reproductions of original contract documents, including addenda • Change orders supporting-documentation • Permit documentation • Clarifications for the contract documents • Materials delivery tickets and compliance certification • Weekly and monthly progress reports • Meeting minutes • Daily inspection reports • Progress photos • Lab and field test reports • Progress payments supporting documentation • Other project documentation 7. Provide field observation during construction. We will conduct detailed site observations of the general progress of the work to determine if the work is proceeding in accordance with the contract documents. The Construction Inspector will: • Attend all meetings • Ensure compliance with any ADA requirements and the contract documents • Coordinate and schedule sampling and testing of construction materials, soil, and AC compaction tests with RGH • Arrange for batch plant inspections (not needed for this contract) • Retain tickets prior to placement of material • Record up-to-date construction information to use in preparation of the record drawings • Prepare daily reports • Report to City any violations to any applicable regulations • Maintain a copy of the contract documents and construction-related documents at the site • Coordinate all construction activities with the utility companies and other agencies within the project area and as required by the City 8. Prepare construction inspection reports. The on-site observer will complete a daily report of events that occur at the jobsite. Green Valley Consulting Engineers will implement a format for these reports which will include the following: • Contractor’s working hours on the jobsite. A separate log will be maintained if the contractor works two shifts or nights. • Contractor and subcontractor personnel and equipment on the jobsite. • Weather conditions and observations as to the effect on the progress of the work. • Decisions or directions given to the contractor. Items of this nature would be those of usual work progress with directions to be included in a more formal manner. • Daily utilization of the contractor and subcontractor equipment on the site, but obviously idle or in temporary storage will be so noted on the report. • Observations connected with the progress of the work including deficiencies or violations of contract requirements by the contractor. • Materials delivered to the job site, together with indication as to results of inspection thereof. • Observed or potential delays and apparent causes. The contractor’s reaction to these delays will be noted. • Data relative to claims, extras or deduction. This should include those noted and agreed, as well as potential claims or items of disagreement. • List of visitors, including testing laboratory representatives or others. 9. Prepare and submit weekly status report to the City consisting of, but not limited to, the following documentation: • A narrative description of the progress of work and major tasks completed • Schedule overview, with a 2 week look-ahead. • Change order summary. • One set of key progress photos. • Summary of construction progress for the prior reporting period. • Significant project issues including recommendations on any unsolved issues. 10. Review the contract documents and verify that all the required permits have been obtained for the construction of the project. 11. Review Contractor’s schedule of values versus the payment application. Provide a recommendation of the monthly progress payment applications submitted by the contractor. We recommend that as a condition of approval, the contractor must be current with as-built recording and scheduling efforts. 12. Review, and Track Requests for Information (RFI’s), Requests for Clarifications (RFC’s), and Shop Drawings. Green Valley Consulting Engineers will establish and implement a Request for Information (RFI) procedure for use in providing resolutions to inquiries from the contractor regarding interpretations and clarifications of the plans and specifications. The CM will review contract documents and interpret the drawings as necessary to answer the questions raised by the contractor. The CM will determine if resolution can be developed by application of the plans, typical details, the specifications, and applicable codes and standards. If the resolution cannot be determined from these or similar documents, the CM will consult with the design engineer and ask for the design engineer’s interpretation. If the design engineer is authorized to develop additional design details necessary to resolve a problem, Green Valley Consulting Engineers will coordinate through the engineer, the development of a revised design so that it is compatible with field conditions or status of the work, with the goal of minimizing or mitigating the impact on the contractor’s work. We will maintain a submittal log and process required submittals, prior to, and during the process of the work as follows: • Concrete mix designs for minor concrete • Mix designs for asphalt concrete • Certificates of compliance for materials • SWPPP Plan • Traffic Control Plan • Contractor’s Safety Plan • Certified Payrolls We understand the importance of reviewing submittals in a timely manner. It is imperative that submittals are received early on in a project and reviewed and approved promptly so as to not impact construction activities. We will work with the contractor to verify that all submittals are submitted and approved well in advance of the construction activities. 13. Review the contractor’s initial and updated schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. We will verify that all work for interim milestones is included on the schedule. We will verify logic ties of activities, check the reasonability of task durations, review the critical path, and check for critical activities. Important scheduling elements, such as partial shutdowns, street and lane closures, detours, public notifications, material delivery, material storage, and contractor material hauling will be a part of the schedule review process. 14. Contract Change Orders (CCO’s) may be requested by the City, the Contractor, the CM, or the design engineer. Upon receipt of a proposed change, the CM will determine the necessity of the change, check for propriety, consider other methods of accomplishing the work, method of compensation, effect on contract time, estimate of cost, the Contractor’s reaction to the proposed change, and the probability of final approval. If the CM determines that a proposed change is warranted, a proposed change order file will be established. Documents prepared by the CM describing the work, will be transmitted to the Contractor for pricing. Concurrently, independent estimate of cost and time impact will be prepared by the City and CM. Upon receipt of the contractor’s quotation, the Construction Inspector will review and compare it to the independent estimate. Based on the review, the CM will either recommend approval to the City, or recommend rejection. If negotiation is authorized, the CM will conduct the negotiations with the Contractor. For work where a unit cost is not determined prior to performing the work, the Inspector will collect time and material sheets at the end of each day. All documentation regarding change orders will be maintained, including dates of notification by Contractor, interim steps, recommendation by CM, and final decision. 15. Green Valley Consulting Engineers will assist the City to reach an agreement with the Contractor regarding disputes. 16. Review the Contractor’s initial and updated schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. Important scheduling elements, such as partial shutdowns, street and lane closures, detours, public notifications, material delivery, material storage, and contractor material hauling will be a part of the schedule review process. 17. Perform field interviews with the contractor’s work force on the payment of prevailing wages and fringe benefits. Conduct labor compliance interviews of Contractor’s and Subcontractor’s employees. Provide and ensure proper posting of the appropriate Federal and State Wage Determinations and labor compliance posters on the project site. Obtain copies of the certified payrolls and fringe benefit statements from the Contractor on a weekly basis. Review the payroll records, interview forms, daily logs, and compare for accuracy. Prepare bi-weekly reports of any deficiencies; and request Contractor to submit back up documents for the contractor, subcontractors, second tier subcontractors, and unlisted subcontractors (contracts less than $10,000) working on the project. 18. Prepare weekly statement of working days. 19. Provide videotape and photographic documentation of project site prior to, during, and after construction. Ensure that any survey markers disturbed by the Contractor are restored by the Contractor. 20. Maintain a set of contract documents with up-to-date information regarding all addendum, substitutions, clarifications, and changes. 21. Coordinate any certified technical inspections, field testing, or laboratory testing required for the project. Ensure that Contractor has notified utilities affected by the project. 22. Review and monitor the contractor’s safety program. The inspector will enforce on-site safety requirements and will report to City on any observed deviations from the plan. 23. Review and monitor all traffic control and public safety plans for compliance with all safety laws and regulations. Review all detour, lane closures, temporary access, signing, delineation and traffic control plans. The Inspector will enforce traffic control safety requirements in and around construction zones. 24. Review the Contractor’s “Best Management Practices” plan prior to beginning of construction. Monitor the Contractor’s implementation to prevent storm water pollution from related activities in compliance with the National Pollutant Discharge Elimination System (NPDES). 25. Review of Storm Water Pollution Prevention Plan (SWPPP) as required by the City. 26. The CM will maintain a copy of the plans on the site with all the changes. Upon completion of construction, Green Valley Consulting Engineers will conduct an As-Built verification, and prepare and provide a copy of the As-Built plans to the City. 27. Maintaining good, working relationships with the public. The CM will immediately report to the City any inconvenience to the public and will try to remedy arising problems as soon as possible, subsequent to his discussion with the City. Good public relations with the general public are imperative to the success of any project. Typically, construction work is adjacent to private residences and businesses and construction can be very disturbing. Our inspectors will be the first line of defense for addressing complaints by the public. They will work with the Contractor to address issues and concerns brought forth by the public, business, and property owners. On this project, it is critical that good communication transpire between the construction management team and the adjacent homes and businesses to minimize any disruptions to them. As this project does not directly impact an individual driveway or business access so much as overall traffic flow thru the area, we will need to put our focus on traffic control measures and hours of operations. With the number of homes that back to the Expressway, noise can be an issue as can pedestrian safety. We will work closely with the Contractor to modify the implemented Traffic Control Plan during construction as needed to ensure both vehicular and pedestrian safety at all times. To assist with the public relations efforts for this contract, we will: • Maintain a log of all phone calls received • Listen to citizen’s concerns and work to address them • Work with the Contractor for prompt resolution of issues • Circulate fliers, newspaper notifications as appropriate, and as approved by the City about noise and odor restrictions, period of construction, and suggested alternate routes • Verify that changeable message signs are placed alerting traffic of the period of potential delays during lane closures • Communicate with emergency services about any events that may raise emergency calls from the public • Implement a project hotline if agreed to by the City • Provide information to the City to post on the City’s website Post Construction Services 1. Contract closeout services will include the administration of the transfer of the project to the City, coordination of warranty activities and demobilization of the Contractor and CM Staff. 2. At the completion of the project, we will perform inspections of the work to determine if any work is incomplete. We will prepare a punch list of the incomplete work and provide to the Contractor and City. We will perform subsequent inspections to confirm that incomplete work has been completed satisfactorily. 3. We will obtain lien waivers, bonds, warranties, and other documents required by the Contract Documents from the Contractor. 4. We will prepare a final certificate of substantial completion and recommendation to the City for final acceptance of the project. 5. At the completion of the project, we will turn over all documents including final redline as- built drawings. We will coordinate the completion of final as-built drawings through the design engineer. A final project report will be prepared summarizing the project and performance of the contractor. 6. After completion of the project, we will coordinate the warranty repair procedures including a date of warranty expiration. We will monitor warranty problems and assist the City with warranty repair management until the final certificate of completion is filed. CITY OF ROHNERT PARK DEVELOPMENT SERVICES Task Information Task Task Information Resident Engineer/CM Construction Inspector Construction Inspector - OT Construction Inspector - Night Document Control PIC Direct Costs Total Hours Total Costs Remarks $200 $130 $150 $165 $80 $205 1 Pre-Construction Meeting & Photos 16 16 8 4 $100 44 $6,840 2 Submittal Management 6 6 $1,200 Based on an estimate of 10 submittals 3 Schedule Management & Wkly. St. of Work. Days 8 8 $1,600 Based on 7 weeks 4 Daily Field Inspection & Doc. 8 24 20 200 16 8 276 $43,640 Based on 35 working days 5 RFI & RFC Management 8 8 $1,600 Based on an estimate of 4 RFI's 6 Construction Management 24 24 $4,800 Based on 35 working days 7 Change Order Management 8 8 $1,600 Based on an estimate of 2 change orders 8 Pay Estimate Management 8 8 $1,600 Based on 2 pay estimates 9 Progress Meetings 8 8 $1,600 Based on progress meetings twice a month 10 Federal Reporting Requirements 4 8 12 $1,440 11 Public Relations and Notifications 4 4 $800 12 Closeout & Record Drawings 24 8 2 34 $6,000 Vehicle Costs $50/day $2,050 440 $2,050 Mileage for PM Total Hours 126 48 20 200 34 12 $25,200 $6,240 $3,000 $33,000 $2,720 $2,460 $2,150 TOTAL NOT-TO-EXCEED COST Based on 35 working days Based on full-time inspection, Monday through Friday at 8 hours per day at State Prevailing WagesBased on part time Construction Management Estimated at 2.5 hours per day** copies EXHIBIT B - WORK ESTIMATE Billing Classification Project Total $74,770.00 ROHNERT PARK EXPRESSWAY REHABILITATION PROJECT - PHASE 2 ITEM NO. _____________ 1 Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Introduce an Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems RECOMMENDED ACTION: Introduce an Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems BACKGROUND: On September 21, 2014, the State of California adopted AB 2188 requiring local governments to adopt an ordinance to provide for an expedited, streamlined permitting process for small residential rooftop solar energy systems. The goal of AB 2188 is to help lower the cost of solar installations and further expand the accessibility of solar to more California homeowners. This will also help the State and local jurisdictions reach their renewable energy and greenhouse gas reduction goals. The attached ordinance is intended to satisfy the requirements of AB 2188. The ordinance codifies the requirements of the California Government Code Section 65850.5(g)(1 ) including requirements to accept and approve applications electronically; to develop a checklist of all items required for expedited review, and to authorize the City’s Building Official to administratively approve such applications. The City’s Building Division staff currently expedites the review of small residential rooftop solar system applications, where possible, and has begun to put the administrative procedures necessary to comply with AB 2188 into place. This Ordinance was introduced on September 22, 2015 and is being reintroduced to cover several technical revisions that staff has made to the ordinance since its initial introduction in September. FISCAL IMPACT/FUNDING SOURCE: The City is incurring a modest fiscal impact to comply with this new regulation primarily related to staff training and the development of administrative procedures. The California Building Officials have developed a number of template documents that staff has utilized to implement AB 2188 in the City, which is minimizing costs. Long term, the fiscal impacts of this requirement will be recovered through building permit fees for new solar installations. The City recently adopted updates to its Building Division fee schedule anticipating these new requirements. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. _____________ 2 Department Head Approval Date: NA City Manager Approval Date: 09/15/2015 City Attorney Approval Date: 09/10/2015 10/08/2015 Finance Director Approval Date: NA Attachments 1. An Ordinance of the City Council of the City of Rohnert Park Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADDING TITLE 15 CHAPTER 15.32 TO THE ROHNERT PARK MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Adoption of Chapter 15.32. Title 15 of the Rohnert Park Code of Ordinances is amended to add Chapter 15.32 to read as follows: CHAPTER 15.32 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS 15.32.010. Definitions. The following words and phrases as used in this section are defined as follows: a. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. b. “Common interest development” means any of the following: i. A community apartment project. ii. A condominium project. iii. A planned development. iv. A stock cooperative. c. “Feasible method to satisfactorily mitigate or avoid a specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code section 714(d)(1)(A)-(B), defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. d. "Small residential rooftop solar energy system" means all of the following: i. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. ii. A solar energy system that conforms to all applicable state fire, structural, electrical and other building codes as adopted or amended by the City and Civil Code section 714(c)(3), as such section or subdivision may be amended, renumbered or redesignated from time to time. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the City. e. "Solar energy system" means either of the following: i. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. ii. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. f. "Specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. 15.32.020. Purpose. The purpose of this Section is to provide an expedited, streamlined permitting process for small residential rooftop solar energy systems as required by California Civil Code Section 714 and California Government Code Section 65850.5. 15.32.030. Applicability. a. This ordinance applies to the permitting of small residential rooftop solar energy systems in the City. b. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of the small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. 15.31.040. Solar Energy System Requirements. a. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City. b. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. c. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the California Public Utilities Commission regarding safety and reliability. 15.32.050. Applications and Required Documents. a. All documents required for the submission of an expedited solar energy system application shall be made available on the City’s website. b. Applications for small residential rooftop solar energy system permits, and any supporting documents, may be submitted by email, facsimile, or the internet. c. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. d. The Department of Development Services shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. e. The small residential rooftop solar system permit process, standard plans and checklist shall substantially conform to recommendations for expedited permitting contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 15.32.060. Permit Review and Inspection Requirements. a. An application that satisfies the information requirements in the checklist provided under Section 15.32.050(d), as determined by the Building Official, shall be deemed complete. b. If the Building Official receives an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. c. Upon confirmation by the Building Official of the application and supporting documentation being complete, the Building Official shall review the application. The Building Official's review of the application shall be limited to whether the application meets local, state and federal health and safety requirements. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse effect on the public health or safety. d. The Building Official shall require the applicant to apply for an administrative permit pursuant to Section 17.25.050 et seq. of the Rohnert Park Municipal Code if the Building Official, in consultation with the Director of Development Services, makes a finding based on substantial evidence that the solar energy system could have a specific, adverse impact upon the public health and safety. Any conditions imposed on an administrative permit shall be designed to mitigate the specific, adverse impact upon public health and safety at the lowest cost possible. The decision to require an administrative permit may be appealed to the Planning Commission. e. The City may not deny an application for an administrative permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing adverse impact. The decision to deny an administrative permit may be appealed to the Planning Commission. f. Upon confirmation that the application is complete and that the solar energy system will not have a specific, adverse impact upon the public health or safety, the Building Official shall approve the application and issue all the necessary permits and authorizations. g. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. h. The City shall not condition approval of an application on the approval of an Association. i. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review, which shall be scheduled within 3 business days of a request. j. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of subsection (i). 15.32.070 Fees. Permit and plan check fees for small residential rooftop solar systems shall be set forth by resolution of the City Council. Such fees shall comply with Government Code Sections 65850.55 and 66015, and any other applicable state laws. SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and Section 15060(c)(3) of the CEQA Guidelines as it is not a project as defined by CEQA per Section 15378. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. Effective Date. This ordinance shall go into effect thirty (30) days after its adoption and shall be published and posted as required by law. This ordinance was introduced on the 13th day of October 2015 and scheduled for consideration of adoption on the 27th day of October 2015. DULY AND REGULARLY ADOPTED this27th day of October 2015 by a vote of the City Council as follows: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ________________________________ Amy O. Ahanotu, Mayor ATTEST: ________________________________ JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: ________________________________ Michelle Marchetta Kenyon, City Attorney October 13, 2015 Sustainable Groundwater Management Act in Sonoma County One component of an integrated water state policy Provides 20 years to achieve sustainability Places an emphasis on local control “Management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results” Step 1: Local agencies form Groundwater Sustainability Agencies Step 2: Groundwater Sustainability Agencies in high or medium priority basins adopt Groundwater Sustainability Plans Step 3: Local agencies have 20 years to fully implement the Plans Date Action June 30, 2017 Formation of GSA January 31, 2020 Completion of plans in critically overdrafted basins January 31, 2022 Completion of plans in all other basins 20 years after plan adoption Basins achieve sustainability Santa Rosa Plain, Petaluma and Sonoma Valley Basins are “medium priorities” Groundwater Sustainability Agencies are required by June 2017 and Groundwater Sustainability Plans are required by January 2022 Work can build on the recently adopted Groundwater Management Plans Conduct studies Prepare and implement the Groundwater Sustainability Plan Register and monitor groundwater wells Require reports of groundwater extraction Regulate groundwater extractions Implement capital projects to meet goals Assess fees to cover the cost of groundwater management Can be formed by any local agency in the basin that has at least one of these powers: ◦Water Supply ◦Water Management ◦Land Use Can be formed by combinations of agencies Default GSA is the County SANTA ROSA PLAIN BASIN PETALUMA VALLEY BASIN SONOMA VALLEY BASIN City of Cotati City of Petaluma City of Sonoma City of Rohnert Park North Bay Water District North Bay Water District City of Santa Rosa Sonoma County PRMD / Administrator Valley of the Moon Water District City of Sebastopol Sonoma County Water Agency Sonoma County PRMD / Administrator Town of Windsor Sonoma County Water Agency Sonoma County PRMD / Administrator Sonoma County Water Agency •County has funded a stakeholder assessment •GSA-eligible agencies have formed a working group •Working group has developed •Draft governance principles •Draft outreach plan •Schedule for public workshops •Build upon existing cooperative efforts •Reinforce “local management” principles •Share resources and identify cohesive approach •Provide for equitable cost sharing •Represent community stakeholders through advisory committees •Conduct robust and transparent outreach •One GSA and Groundwater Sustainability Plan per Basin •One Countywide GSA •Multiple GSAs per Basin •Some Combination of Above Options • Petaluma Valley GSA & GSP Santa Rosa Plain GSA & GSP Sonoma Valley GSA & GSP Petaluma Valley GSA & GSP Santa Rosa Plain GSA & GSP Sonoma Valley GSA & GSP ITEM NO. _____________ Meeting Date: October 13, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving the Principles for Developing Governance Options for the Santa Rosa Plain Groundwater Basin under the Sustainable Groundwater Management Act RECOMMENDED ACTION: By Minute Order approve the principles for developing governance options for the Santa Rosa Plain Groundwater Basin under the Sustainable Groundwater Management Act BACKGROUND: In 2014, the state of California adopted The Sustainable Groundwater Management Act of 2014 ("the Act"), which is intended to provide for the sustainable management of groundwater basins and enhance local management of groundwater. While the Act is a complicated piece of legislation, the primary intentions of the Act are: to ensure that the significant groundwater basins in California (those designated as high and medium priority by the Department of Water Resources) are “sustainably managed,” and to provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater. To achieve its stated goal of sustainability, the Act requires that, by January 31, 2022, all basins that are designated as high- or medium- priority basins be managed by a groundwater sustainability plan (“GSP”). There are three medium priority basins in Sonoma County: the Petaluma Basin, the Santa Rosa Plain Basin and the Sonoma Valley Basin. Two of these basins, the Santa Rosa Plain and Sonoma Valley Basins have adopted voluntary Groundwater Management Plans, which provide a good basis for development of the GSP, required by the Act. The City draws a portion of its water supply from the Santa Rosa Basin and has participated actively in the development of the Groundwater Management Plan for the Santa Rosa Plain. The Act requires that the GSP be adopted by a Groundwater Sustainability Agency (“GSA”) and defines the local agencies eligible to form a GSA as agencies with water supply powers, land use powers or both. The City is an eligible GSA agency for the Santa Rosa Plain Groundwater Basin. The Act also provides that a collection of eligible agencies may form a GSA through a Joint Powers Agreement, a Memorandum of Understanding or other legal agreement. The Act provides that the County government is the default GSA in each high and medium priority basins unless other agreements are made. Any local agency, or combination of local agencies, overlying a groundwater basin may decide to be a GSA. Generally, no individual local agency is required to elect to be a GSA, but each basin must have at least one local agency or combination of agencies elect to be the GSA for the basin by June 30, 2017, or else the basin may be designated as “probationary.” Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. _____________ City staff has been meeting with staff from other GSA eligible agencies 1 in the County to understand the requirements of the Act and to begin to frame options for complying with the Act. The principles proposed for adoption this evening, would allow staff to continue to work together to develop options for organizing GSAs, for eventual review and approval by the elected decision makers. All GSA eligible agencies are bringing these principles to their elected decision makers during the month of October in order to stay on schedule for meeting the state’s deadline for GSA formation (June 30, 2017). ANALYSIS: The primary purpose and responsibility of the GSA is to develop the Groundwater Sustainability Plan and manage the groundwater basin for long term sustainability. In order to achieve this, the Act provides GSAs with a number of regulatory tools. GSAs have the authority to: 1. Perform any act necessary or proper to carry out the purposes of [the Act] 2. Adopt rules, regulations, ordinances, and resolutions 3. Conduct investigations and inspect property 4. Mandate registration of groundwater extraction facilities 5. Install water-measuring devices and require annual extraction statements to determine groundwater extraction 6. Impose well spacing requirements and control extractions by regulating, limiting or suspending extractions from wells 7. Assess fees to establish and implement a groundwater management plan. The County and the Sonoma County Water Agency have taken the initial lead on implanting the Act. Together they have retained a facilitator and convened staff from eligible agencies into a working group. The facilitator has conducted focused interviews with stakeholders to help augment the discussions around governance options. In general, stakeholders have expressed a strong desire to preserve their agency’s autonomy while also recognizing the potential benefits and cost savings associated with working together to manage the groundwater basins. The staff working group has explored a number of options for governance including a single County-wide GSA, with subgroups for each basin and a GSA for each basin, with active coordination between the basins. At this point, staff from every eligible agency believes that a GSA for each basin is the best option, because it preserves local autonomy and allows for effectively leveraging the work that has already been invested into the Santa Rosa Plain and Sonoma Valley Groundwater Management Plans. Staff also believes that active and ongoing coordination will be beneficial in order to achieve common public outreach and educational messages and common strategies for collecting and analyzing groundwater data. (A successful local example of this type of regional coordination is the Sonoma Marin Water Saving Partnership.) While the conceptual organizational framework has been generally agreed upon, there is significant work remaining to develop the detailed concept for the organizational structure and the legal agreement(s) that would describe the way the eligible agencies work together. In order 1 The GSA eligible agencies include Sonoma County and Sonoma County Water Agency (all basins), Windsor, Santa Rosa, Rohnert Park, Cotati and Sebastopol (Santa Rosa Plain Basin), Petaluma and the North Bay Water District (Petaluma Valley Basin) and Sonoma, Valley of the Moon Water District and North Bay Water District (Sonoma Valley Basin). ITEM NO. _____________ to guide this work, staff and the facilitator have developed a set of policy principles that would frame the negotiations around governance options and structure. These principles are listed below: • Groundwater sustainability planning under the Sustainable Groundwater Management Act (SGMA) should build upon existing cooperation, established frameworks, and successful water management efforts in Sonoma County, including the adopted groundwater management plans in the Sonoma Valley and Santa Rosa Plain. • Local agencies 2 should work together to identify a cohesive and equitable approach to governance in which each local agency has a meaningful voice. • The governance structure should reinforce the “local management” principles embodied in SGMA by ensuring that management decisions are made at the local level in each groundwater basin. • To avoid redundancies, opportunities should be found for sharing resources (expertise and infrastructure) across basins. • Costs should be equitably shared in forming GSAs and implementing SGMA. • In addition to the local agencies, community stakeholders 3 should be represented through advisory committees to provide diverse viewpoints in plan development and implementation. • A robust and transparent outreach program should be conducted to provide information to and receive input from private well owners and the general public regarding SGMA. The proposed ongoing negotiations will allow staff, including legal counsel, to develop more detailed governance options for eventual review by the elected decision makers of each eligible agency. Because of the requirement that a GSA be formed by June of 2017, staff is seeking early approval of the policy principles so that options can be developed over the winter and spring and allow for review of the more detailed governance options beginning in the summer of 2016. Staff is also proposing information outreach to the general public, beginning late in 2015. These public informational briefings are especially important in areas of the County that rely on groundwater and will be meaningfully regulated for the first time. OPTIONS CONSIDERED: 1. Approve the Principles for Developing Governance Options for the Santa Rosa Plain Groundwater Basin under the Sustainable Groundwater Management Act (recommended action). This action will allow staff to continue to participate in regional discussions around forming a Groundwater Sustainability Agency that leverages available resources in the Santa Rosa Plain. 2. Do not approve the principles and direct staff to proceed with the actions necessary to allow the City to form a stand-alone GSA without coordinating with the County to prevent overlap. While the Act technically gives the City authority to form a stand-alone GSA, this action is not recommended at this time. The Sustainable Groundwater Management Act, especially as supplemented by the recently adopted Senate Bill 13 2 SGMA defines “local agency” as a local public agency that has water supply, water management or land use responsibilities within a groundwater basin. 3 SGMA requires the consideration of all beneficial uses and users of groundwater. “Community stakeholders” includes, but is not limited to, all interests identified in Section 10723.2 of the Water Code. ITEM NO. _____________ (Pavley), encourages coordination between local agencies and prohibits a GSA from being formed if more than one agencies submits a notice of intent to be the GSA in a given geographic area. The decision to proceed with regional discussions at this time does not prevent the City from reconsidering its option to form a stand-alone GSA at a later date. However, if the County files a notice of intent to be the GSA before the City, in the same geographic region as the City, then the City will be prevented from becoming the GSA until one party withdraws. 3. FISCAL IMPACT/FUNDING SOURCE: To date, the Sustainable Groundwater Management Act has had a minor fiscal impact on the City as a result of City staff reviewing the requirements of the Act and attending regional coordination meeting. The fiscal impacts of full implementing the Sustainable Groundwater Management Act are not known at this time. The funding source for complying with the Act will ultimately be the Water Enterprise Fund. Department Head Approval Date: NA City Manager Approval Date: 09/28/2015 City Attorney Approval Date: 09/28/2015 Finance Director Approval Date: NA Attachments 1. Principles for Developing Governance Options for the Santa Rosa Plain Groundwater Basin under the Sustainable Groundwater Management Act Attachment 1 9/10/2015 Sustainable Groundwater Management Act Principles for Developing Governance Options • Groundwater sustainability planning under the Sustainable Groundwater Management Act (SGMA) should build upon existing cooperation, established frameworks, and successful water management efforts in Sonoma County, including the adopted groundwater management plans in the Sonoma Valley and Santa Rosa Plain. • Local agencies 1 should work together to identify a cohesive and equitable approach to governance in which each local agency has a meaningful voice. • The governance structure should reinforce the “local management” principles embodied in SGMA by ensuring that management decisions are made at the local level in each groundwater basin. • To avoid redundancies, opportunities should be found for sharing resources (expertise and infrastructure) across basins. • Costs should be equitably shared in forming GSAs and implementing SGMA. • In addition to the local agencies, community stakeholders 2 should be represented through advisory committees to provide diverse viewpoints in plan development and implementation. • A robust and transparent outreach program should be conducted to provide information to and receive input from private well owners and the general public regarding SGMA. 1 SGMA defines “local agency” as a local public agency that has water supply, water management or land use responsibilities within a groundwater basin. 2 SGMA requires the consideration of all beneficial uses and users of groundwater. “Community stakeholders” includes, but is not limited to, all interests identified in Section 10723.2 of the Water Code. Water Code Section 10723.2. The groundwater sustainability agency shall consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans. These interests include, but are not limited to, all of the following: (a) Holders of overlying groundwater rights, including: (1) Agricultural users. (2) Domestic well owners. (b) Municipal well operators. (c) Public water systems. (d) Local land use planning agencies. (e) Environmental users of groundwater. (f) Surface water users, if there is a hydrologic connection between surface and groundwater bodies. (g) The federal government, including, but not limited to, the military and managers of federal lands. (h) California Native American tribes. (i) Disadvantaged communities, including, but not limited to, those served by private domestic wells or small community water systems. (j) Entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. (Added by Stats. 2014, Ch. 346, Sec. 3. Effective January 1, 2015.) October 13, 2015 Information Technology part of City’s Strategic Plan Information Technology Used Throughout City Operations Additional Funding In FY 15-16 budget Ad Hoc Technology Committee Established in March Project Charter guiding the work Security ◦Developing policies/procedures for security ◦Added controls to server room ◦Initiated risk assessment with Client First; includes tests against our network Added capacity for storage, processing, and disaster recovery Investigating back-up Internet connection Testing Public Safety Body Cameras Installed video monitoring at City Hall Initiated website upgrade Adding funding for risk assessment, security, staff hours, and hardware replacements Initiated staffing assessment ◦# of staff ◦Skillsets ◦Classifications Complete remaining Phase I projects Implement Phase II (6-18 months) ◦Security: Results of Risk Assessment ◦Reliability: System performance/downtime ◦Functionality: Assess all IT needs, including timing & costs for replacing systems ◦Integration: Opportunities for integrating systems ◦Public Data Sharing: To explore ◦Administration Staffing Governance Documentation Project Management Procurement Training Change from Ad Hoc to Standing Technology Committee ◦Provides structure ◦Promotes accountability ◦Meetings every 2-3 months ◦Regular reports to full City Council •Make Appointments in January ITEM NO. 1 Meeting Date: October 13, 2015 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Status Report on Information Technology Ad Hoc Committee and Creation of a Standing Information Technology Committee RECOMMENDED ACTION: Accept Status Report on progress of Information Technology Ad Hoc Committee and provide direction to replace the Ad Hoc Information Technology Committee with a standing Information Technology Committee. BACKGROUND: The City Council has identified Information Technology (IT) as a priority by including it in the 2015 Strategic Plan Action Plan, and by increasing funding in the FY 2015- 2016 budget. In addition, the Council established an Information Technology Ad Hoc Committee in January, 2015 and approved its Project Charter in March, 2015. The Ad Hoc Committee has met several times in 2015. This report provides an update on the Ad Hoc Committee’s activities and recommendations for next steps. Information technology is an integral part of nearly all City operations, as illustrated by the representative list of information systems used daily: 1. Microsoft Exchange e-mail and calendars 2. Springbrook utility billing and payroll 3. Granicus for agenda management and public access 4. TrakIt for on-line permitting 5. Public Safety dispatch 6. Public Safety radio 7. Public Safety mobile data computers in vehicles 8. CLASS for registration and payment for Community Service programs, membership tracking, and facility reservations 9. Website for numerous purposes, such as advertising City job openings, supporting economic development, and promoting shows and purchasing tickets for the Performing Arts Center The City’s IT budget for FY 15-16 is $1,107,515. The City does not develop its own systems nor customize those of vendors, but rather uses the ‘off the shelf’ versions with any necessary modifications completed by the vendors. The City also participates in consortia with other local governments to take advantage of economies of scale. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 The City has numerous IT challenges; these include: • Fewer IT staff than other cities, based on a preliminary analysis • Aging network infrastructure • Limited replacement funding for maintaining and upgrading software systems • Inadequate development and documentation of policies and practices The diagram below showing the Hierarchy of IT Needs for Rohnert Park outlines the priorities for addressing these challenges. The ‘baseline’ priorities include ensuring our systems are secure (Level 1) and reliable (Level 2), followed by providing the functionality needed to conduct City business (Level 3), integrating systems so that they work effectively together (Level 4), and improving data sharing with the public (Level 5). The Project Charter (Attachment 1) set the priorities for the Ad Hoc Technology Committee based on this hierarchy. Phase I, conducted over the last six months, has included improving the security of the City’s technology assets, adding capacity to recover from disasters, adding funding for replacements, and initiating an assessment of risks and staffing. As outlined in the attached Information Technology Project Status Report we have made considerable progress on these needs over the last six months. Some projects remain in progress, particularly completing the Risk and Staffing Assessments; these are underway and likely to be completed this Fall. ITEM NO. 3 Phase II of the Project Charter will focus on issues addressed in the Risk and Staffing Assessment, and assessing other long-term challenges. For example, we need to assess the functionality of current systems, identify when they need to be upgraded or replaced, determine the related costs, and develop a funding plan. Staff plans to develop a workplan for Phase II, including timelines for particular tasks, once we have received the results of the Risk and Staffing Assessment. We anticipate providing this to the City Council as part of the 2016 Strategic Plan Action Plan in January, or as soon as feasible thereafter. Phase III will focus on addressing the long-term challenges identified in Phase II, although we will address urgent issues as needed. ANALYSIS: While the City has made considerable progress in addressing our Information Technology needs, there are many remaining challenges. The Information Technology Ad Hoc Committee and Project Charter have provided a structure and accountability for progress. Staff recommends continuing with this structure. Because Ad Hoc Committees can last no longer than one year, we recommend establishing a standing Technology Committee, and reaffirming the Information Technology Project Charter. A standing Technology Committee would likely meet every two to three months to review progress and provide input. As a standing committee, it would require formal noticing and be open to the public. Appointments to the Committee would follow the Council’s normal protocols. The standing Committee would become effective in 2016, with appointments following the Council’s normal protocols. Staff would continue to provide periodic updates to the full City Council. OPTIONS CONSIDERED: While staff will continue to make progress without an on-going Information Technology Committee, there is value in having such a Committee to attend to the City’s technology needs and a Council-approved Project Charter to guide the related work. FISCAL IMPACT/FUNDING SOURCE: There is no direct cost associated with an on-going Information Technology Committee and Project Charter. Addressing Information Technology issues does require significant time from senior management staff. Department Head Approval Date: City Manager Approval Date: City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Information Technology Project Charter 2. Information Technology Project Charter Status Report Attachment 1 1 March 24, 2015 Rohnert Park Information Technology Project Charter Information technology has substantial potential to improve City services at a reasonable cost. While the City makes wide use of technology, there is considerable room for improvement to leverage technology’s potential. This project is intended to improve the City’s use of information technology. The recently-completed audit of the City’s finances identified numerous opportunities for improvement in IT. This project will build on the results of that audit to conduct a comprehensive assessment of information technology in the City, identify gaps and areas needing improvement, and develop plans to address problems. While we are proposing a comprehensive approach, we are also recommending one in which we will take action as the project proceeds – essentially using a ‘parallel’ process in which we address topics needing immediate attention, while also assessing and planning for longer-term challenges. In the end, we expect to have a complete assessment and plan, with results along the way. Overall Approach: 1. Build on existing information to assess components of effective IT management: a. Security (includes technical security, and policies/practices) b. Reliability c. Functionality of Current Systems compared to Needs d. Integration of Systems e. Public Data Sharing f. Administration of IT i. Staffing: # needed; skill sets; cross-training; role of contractors/consultants ii. Documentation of systems, practices, etc. to minimize reliance on one individual iii. Budget practices: includes replacement funding for equipment, and systems iv. Project management practices v. System development and acquisition: includes defining user requirements, and prioritizing systems vi. User training, help desk and other user support vii. Governance structure 2. Identify Needs for Each Component: • Phase I: Immediate (need to address within six months; see known Immediate Priorities below) • Phase II: Short-term (need to address within one to two years) • Phase III: Long-term (need to address within three years) 3. Develop Plan to Address the Needs Attachment 1 2 Phase I: Address Immediate Priorities (six months from Council approval of Charter) Security: a) Develop policies and practices for user access to Springbrook and network b) Add access control to server room (access control) c) Initiate and complete if feasible third party Risk Assessment Reliability: a) Disaster recovery: Complete initial phase of procuring/installing back-up capacity b) Add sufficient Public Safety storage Functionality: a) Public Safety – expand video storage for body cameras b) City Hall – implement video monitoring and storage c) Initiate web site upgrade d) Identify and budget for other high-priority needs Administration a) Budget practices: Need to budget for upcoming hardware replacements b) Assess staffing: Identify number needed and skill sets, including role of contractors/consultants Phase II: Short term (1-2 years): Assess remaining issues Security a) Address recommendations of Risk Assessment Reliability a) Assess and address systems performance (i.e., % of downtime) Functionality a) Complete assessment of all IT systems and needs, including timing and costs for replacement or new systems b) If and as possible, begin addressing highest priority functional needs Integration of Systems a) As part of assessment, identify needs and opportunities for integrating systems Public Data Sharing b) Consider as part of functionality assessment Administration a) Address staffing: Fill gaps via staff changes, contractors, and/or training b) Document systems, practices, etc. to minimize reliance on one individual c) Assess governance structure and implement any needed changes d) Review/revise project management practices Attachment 1 3 e) Develop process for systems development and acquisition, including defining user requirements, and prioritizing systems f) Assess and address user training, help desk and other user support Phase III: Long-term (3 years): Implement findings from Phase II Assessment Security Reliability Functionality a. Develop plan for addressing remaining functional needs Integration of Systems Public Data Sharing Administration Staff Resources The City Manager will have overall responsibility for this project. Day to day management will be provided by the Assistant City Manager. The IT Operations Manager will conduct much of the research and analysis. The project will at times require the participation of all City Departments. The City will consider a self-assessment tool provided by the Municipal Information Services Association of California (MISAC), which may include peer review of the results. The City may hire outside consultants for specific roles, including: a. Senior-level advice on IT issues b. Technical assistance where needed, such as the security risk assessment c. Providing additional staff capacity where the City is constrained City Council/Ad Hoc Technology Committee March Review and approve Project Charter April - June Review and approve budget recommendations Review progress on immediate priorities (until completion) July – TBD Review progress and provide feedback M:\00_Agendas - City Council\10-13-2015\1013201503_IT Project Tracking_Revised Sept. 30_Attachment 2.xlsx ATTACHMENT 2 Information Technology Project Tracking, Phase I of Project Charter September 30, 2015 Status (high, moderate, or low risk)Project Title Status Next Steps & Date Notes 1.Low Risk Develop Policies and Procedures for user access to Springbrook and network Client First modifying templates for RP use. Reviewdocuments when received. Adapt if/as needed. Date TBD Project delayed beyond initial 6 month goal 2.Low Risk Add access control to server room (electronic and physical) Access Control has been added to front door. Work on Interior room design changes; address Fire, Power, Earthquake and other physical disaster recovery issues. Windows and front door have been hardened. Camera Installed and door has electronic access control on it. 3.Low Risk Initiate and complete if possible third party risk assessment Project underway October 1st : External Penetration Test of network. Internal Penetration Testing TBD. Risk assessment includes penetration test, "walk-in" threats such as unaccompanied visitors, staffing capacity, key policies/procedures 1.Completed Disaster Recovery: Procure and install back-up capacity Project Setup Completed Planned Server Disaster recovery test for November. Future: Consider off-site back-up in different region 2.Medium Risk Backup Internet Connection Problem using State Router; Contacted State Office of Technology State to look into options and get back to David on possibilities. Project will be delayed due to issues with the State Router. 3.Completed Add Public Safety Server Storage; also supports Disaster Recovery Migration completed As follow-up, in December will test the use of the new capacity for further reliability improvements. RELIABILITY FUNCTIONALITY SECURITY M:\00_Agendas - City Council\10-13-2015\1013201503_IT Project Tracking_Revised Sept. 30_Attachment 2.xlsx Information Technology Project Tracking, Phase I of Project Charter September 30, 2015 Status (high, moderate, or low risk)Project Title Status Next Steps & Date Notes 1.Low Risk Public Safety: Expand use of Body Cameras Equipment testing underway.Testing Period completion date Nov 1st. State legislation re: storage and retrieval requirements pending, which could affect approach we recommend DPS to develop policy to be consistent with City storage policies and state law 2.Completed City Hall Video Monitoring Cameras installed and recording Project complete Could display City Hall and other video monitoring at future Tech Cmte meeting 3.Completed Initiate Web site Upgrade Kick off meeting held Sept. 30; reviewing charter and project plan. Initial design work underway Finalize project charter and plan (Oct. 12). 4.Completed Budget for priority needs Completed via budget adoption Additional needs may be identified in risk assessment and other projects Includes server room access, risk assessment, additional hours for part time staff, hardware replacements, and internet back-up connection 1.Completed Budget for hardware replacements Completed via budget adoption Purchase replacement hardware. Client First is recommending a redesign This is part of a three-year funding schedule to complete replacements 2.Low Risk Assess staffing: number needed, skill sets, classifications Client First has completed initial interviews Nov. 16: Assessment complete HR to be involved in any follow up work. (ex. Salary Surveys.) 3. 4. ADMINISTRATION ADDITIONAL PROJECTS (HIGHEST PRIORITIES ONLY) M:\00_Agendas - City Council\10-13-2015\1013201503_IT Project Tracking_Revised Sept. 30_Attachment 2.xlsx Information Technology Project Tracking, Phase I of Project Charter September 30, 2015 Status (high, moderate, or low risk)Project Title Status Next Steps & Date Notes 1.Closed Captioning for PEG Channel Captioning setup but experiencing problems. Work out issues with vendor.PEG Channel Equipment needs to be replaced after this is solved. 2.Intersection video surveillance Reviewing storage policies.Meet with and confirm storage policy with city attorney Additional data may be needed 3.Pool and Burton Recreation center network connectivity Installing B Pool internet connectivity Sept 8th. Connect Burton Rec center to B Pool Internet City Hall HVAC Software System upgrade Meeting with Vendor Sept 24th. New server setup.Waiting for software from vendor 5.Annual Microsoft, Verizon, Cisco Agreements review Cisco Complete Reviewing Vmware Licenses Microsoft review in October. 6.City building video surviellance Installed cameras at City hall, Senior Center, Sports center Install cameras at Communty campus parking lot and Community Center front Counter by Sept 15th We had to limit storage to 60 days due to capacity limits. 7.Laserfice Server rebuild Vendor Contacted Server built.Submit PO request.Target Completion date 10/30 8.Sharepoint Migration Defining Scope Build the server Target Completion date 11/31 Red =High Risk (scope, timing, and/or budget) Yellow =Medium Risk (scope, timing, and/or budget) Green =Low Risk (scope, timing, and/or budget) White=Completed (scope, timing, and/or budget) Status Key for Project Risks: ITEM NO. 1 Meeting Date: October 13, 2015 Department: Department of Public Safety Submitted By: Pat Strouse, Commander Prepared By: Pat Strouse, Commander Agenda Title: Introduction of Ordinance - Consideration of Amending Rohnert Park Municipal Code 9.46.070 (Cost of Emergency Response) RECOMMENDED ACTION: Amend Rohnert Park Municipal Code (“RPMC”) 9.46.070 (Limit on Liability for Emergency Response Cost Recovery) to allow the City to recover the full amount of emergency response costs allowed under State Law. BACKGROUND: RPMC sections 9.46.010 – 9.46.080 (Costs of Emergency Response) allow the City to recover the costs of emergency response related to parties whose conduct creates the need for such a response. Response would result if the conduct was intentional, or if the need for the emergency response was caused by that person’s negligent operation of a motor vehicle or aircraft due to the influence of drugs or alcohol. Currently, RPMC 9.46.070 limits the City’s ability to recover these costs to $1,000 per incident. However, under California Government Code 53155, the City can recover up to $12,000. The City has, on some occasions, been unable to recover the entire costs of emergency response due to the current $1,000 limit. Amending RPMC 9.46.070 to allow cost recovery up to the maximum allowed under State Law would allow the City to recover more of the costs of these emergency responses within the scope of the law. ANALYSIS: The average DUI cost recovery for calendar years 2013 and 2014 was $644 per incident. However, during 2013 and 2014, the City had four invoices that totaled over $1000. If the City’s ability to recover costs had not been limited by current RPMC 9.46.070, the City may have been able to collect an additional $1,746.00 between the four incidents under Gov. Code 53155. OPTIONS CONSIDERED: None. The goal is to recover all emergency response costs allowable under California Law. FISCAL IMPACT/FUNDING SOURCE: There are no major costs associated with the described change. The City will have the increased capacity to fully recover costs associated with emergency responses within the scope of the law. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 Department Head Approval Date: 09-16-15 City Manager Approval Date: 09-24-15 City Attorney Approval Date: 09-16-15 Attachments (list in packet assembly order): 1. Existing Rohnert Park Municipal Code 9.46.010 – 9.46.080: Costs of Emergency Response 2. Government Code Sections 53150-53159 3. Proposed Ordinance No. 891 1 ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTION 9.46.070 (LIMIT ON LIABILITY FOR EMERGENCY RESPONSE COST RECOVERY) WHEREAS, Rohnert Park Municipal Code (“RPMC”) sections 9.46.010 – 9.46.080 (Costs of Emergency Response) allow the City to recover the costs of emergency response from persons whose conduct creates the need for such response, if the conduct was intentional or if the need for the emergency response was caused by that person’s negligent operation of a motor vehicle or aircraft due to the influence of drugs or alcohol; and WHEREAS, RPMC section 9.46.070 currently limits a person’s liability for the costs of emergency response to $1,000.00 per incident; and WHEREAS, under Government Code Section 53155 allows the City to recover emergency response costs up to $12,000.00 per incident; and WHEREAS, the City has on some occasions been unable to recover its entire costs of emergency response due to the current $1,000.00 personal limit per incident under RPMC section 9.46.070; and WHEREAS, the City will have a better opportunity to recover the full costs of emergency response within the scope of the law by removing the limitation on cost recovery provided under RPMC section 9.46.070. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Approval of amendment to Section 9.46.070 of the Rohnert Park Municipal Code. The City hereby approves the amendment of Section 9.46.070 of the Rohnert Park Municipal Code in a substantially similar form as attached as Exhibit A. Section 2. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, or clause of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 3. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 4. Publication. The City Clerk is directed to cause this ordinance to be pushed in the manner required by law. This Ordinance was introduced on by the City Council of the City of Rohnert Park on October 13, 2015, and adopted on October 22, 2015 by the following roll call vote: ( 2 ) AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: ______________________________ Michelle Marchetta Kenyon City Attorney ( 3 ) Exhibit A Amendments to Section 9.46.070 Chapter 9.46 9.46.070 In no event shall a person’s liability under this chapter for the expense of an emergency response exceed the amount provided in California Government Code section 53155, as that section may be amended or recodified from time to time. Presenters: John McArthur, Director Of Public Works and Community Services Terrie Zwillinger, Public Works Project Coordinator Veale Master Lease Agreement Community Center Complex Sign Alternatives Alternatives Analysis/Recommendations Summary/Next Steps Master Lease Agreement for Highway 101 Digital Billboard ◦City Council approved April 23, 2013 ◦Between City and Veale Investment Properties ◦Provisions for Veale to replace Community Center existing sign with new sign Veale to contribute up to $50,000 to the City for design and construction of new sign City responsible for the following: ◦Remaining construction costs beyond $50,000 (if any) ◦Operation and maintenance costs Explore sign alternative No commercial advertising City has 100% use of the sign Alternative A: Retain existing sign Alternative B: Small 6x13’ sign with two lines of text (no graphics) Alternative C1: Single-sided full color digital LED billboard with City logo below Alternative C2: Single-sided full color digital LED billboard with City logo above Alternative D: Double-sided V-shaped full color digital LED billboard Alternative E: Single-sided “monument” type sign with no digital components Criteria to determine cost/benefit ◦Capital cost ◦Operating cost ◦Marketing/promotion of City events ◦Complex visibility and recognition ◦Attractiveness to renters and community groups Alternative A: Retain existing sign ◦Net capital cost: $0 ◦Operating costs: Yesco Annual Fee $0 Labor $10,718 Power $250 Communication $0 SUBTOTAL $10,968 Alternative B: Small 6x13’ sign with two lines of text (no graphics) ◦Net capital cost: $12,000 ◦Operating costs: Yesco Annual Fee $0 Labor $1,315 Power $250 Communication $1,200 SUBTOTAL $2,765 Alternative C1: Single-sided full color digital LED billboard with City logo below ◦Net capital cost: $25,700 ◦Operating costs: Yesco Annual Fee $12,000 Labor $1,315 Power $1,250 Communication $1,200 SUBTOTAL $15,765 Alternative C2: Single-sided full color digital LED billboard with City logo above ◦Net capital cost: $26,200 ◦Operating costs: Yesco Annual Fee $12,000 Labor $1,315 Power $1,250 Communication $1,200 SUBTOTAL $15,765 Alternative D: Double-sided V-shaped full color digital LED billboard ◦Net capital cost: $77,000 ◦Operating costs: Yesco Annual Fee $16,800 Labor $1,315 Power $2,500 Communication $1,200 SUBTOTAL $21,815 Alternative E: Single-sided “monument” type sign with no digital components ◦Net capital cost: $0 ◦Operating costs: Yesco Annual Fee $0 Labor $1,072 Power $250 Communication $0 SUBTOTAL $1,322 Evaluation Criteria Alt A Alt B Alt C1 & C2 Alt D Alt E 1. Capital cost 3 3 2 1 3 2. Operating cost (excludes revenue) 1 2 1 1 3 3. Marketing/promotion 1 2 3 3 1 4. Visibility/recognition 1 2 3 3 2 5. Facility attractiveness 1 2 3 3 1 TOTAL RATING: 7 11 12 11 10 Rating Scale: 3=good, 2=fair, 1=poor Recommended Alternative: ◦Alternative C1 or C2 achieved highest overall score ◦Moderate initial upfront cost for installation ◦Moderate operation and maintenance costs ◦Maximum marketing benefit ◦Provides most beneficial impact to Community Center Complex October 13, 2015 – City Council presentation November 2015 – Design of selected alternative December 2015 – Planning Commission meeting to review project January 2016 – Policy formation and public outreach February 2016 – City Council consider funding, design, policy and amended lease April 2016 – Final design and construction Summer 2016 – Estimated construction completion ITEM NO. ____ 1 Meeting Date: October 13, 2015 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works & Community Services Prepared By: Terrie Zwillinger, Project Coordinator Agenda Title: Consideration of Community Center Complex Sign Alternatives RECOMMENDED ACTION: Staff is seeking City Council direction on possible sign alternatives at the Community Center Complex. BACKGROUND: On April 23, 2013, the City Council adopted a Resolution authorizing and approving the Master Lease Agreement by and between the City and Veale Investment Properties (Veale) for the financing, installation, operation, and maintenance of the City’s digital billboard adjacent to the Highway 101 freeway sign. Through the negotiation process with Veale for the Master Lease Agreement, staff and Veale recognized a potential additional revenue source and economic development opportunity could be realized by replacing the existing manual (non-digital) message board at the Community Center Complex located at the intersection of Rohnert Park Expressway and Snyder Lane. The Community Center “non-digital” sign is used primarily to promote Performing Arts Center and Community Services events. This sign is essentially a static sign that functions like a billboard with no graphics capability. Promotion and marketing opportunities for City events are, at best, limited with the existing sign. The City could benefit from a dynamic digital platform to that displays graphics, photos and text to promote City events. Additionally, with the opening of the Green Music Center and the University District development, there will be an increase in visitors along Rohnert Park Expressway thus providing greater promotional opportunities for City events. Initially, staff contemplated an upgraded digital sign at the Community Center Complex that could be used for advertising both local businesses and City events. Staff presented this concept of the digital sign at the Community Center to the City Council in 2014. The City Council directed staff to proceed with exploring alternatives but opted not to use the new sign for commercial advertisement. The sign alternatives described below are proposed to only be used for City events and there would be no financial revenue sharing with Veale related to commercial advertising. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. ____ 2 ANALYSIS: The Community Center sign replacement is included as a material part of the consideration in the proposed Master Lease Agreement with Veale for the Highway 101 Digital sign (Attached). Per the Master Lease Agreement, the Community Center Sign was to be constructed after the 101 digital billboard was installed and operational. The Master Lease Agreement Terms and Conditions state that Veale shall replace the Community Center Sign with a new digital billboard including permits and removal and disposal of existing sign and construction of new sign (excluding utility trenching) for an amount up to $50,000. Part of the design process will include an analysis of the lighting, brightness of the sign and how it affects adjacent residents. Agreement: Both the 101 digital billboard and the Community Center Sign shall be covered by a single agreement. Prior to starting construction of the Community Center Sign, Veale and City shall enter into an amendment to the Master Lease Agreement to set forth the terms and conditions for installation, operation, and maintenance of the Community Center Sign (some specific provisions for this sign are yet to be determined). Financial Terms: Veale will contribute up to $50,000 to the City for design and construction of the new digital or monument sign. The City will be responsible for the remaining project costs (see Table 1 for installation costs and Table 2 for operation and maintenance costs below). Once the sign is installed, the City will have 100% use of the sign and will be responsible for operation and maintenance. Alternatives Considered Six sign alternatives have been identified and analyzed. Alternative A: Existing Sign: retain the existing 10x6-foot manual (non-digital) message board. The existing sign has 16 40-watt bulbs to illuminate the sign. It is estimated that the PAC Technical Manager currently spends approximately 20 hours a month (or 240 hours per year) to update the message on the board (Attachment 2, Figure A). Alternative B: Installation of a small 6x13-foot single faced digital sign that would display up to two lines of text and no graphics. This sign is an alternative to the LED TV-style message board and would allow the City to install a digital sign without the initial use of City funds (Attachment 2, Figure B). Alternative C1: Installation of a single-sided full color LED display sign with the City logo below the sign. The screen size is 7x13 feet and can display text, photos and graphics similar to the City’s 101 digital billboard. The sign could be viewed by travelers along south-bound Snyder Lane and west-bound Rohnert Park Expressway (Attachment 2, Figure C1). Alternative C2: Installation of the same type of sign as Alternative C1, however the City logo would be above the screen. This version is slightly more expensive than Alternative C1 due to the architectural details and larger logo (Attachment 2, Figure C2). Alternative D: Installation of a double sided, V-shaped digital sign that is approximately twice the cost as Alternatives C1 and C2. This sign would display text, photos and graphics and due to its two screen v-shape design, it would provide additional viewing opportunity to vehicles ITEM NO. ____ 3 traveling both directions on Rohnert Park Expressway and Snyder Lane (Attachment 2, Figure D). Alternative E: Installation of a single-sided “monument” type sign that would include the names of the Community Center facilities. Banners advertising various City functions could be hung below the Community Center facility names. This sign would be a static non-digital sign that has no photo or graphics capability. The sign could be viewed by travelers along south bound Snyder Lane and west bound Rohnert Park Expressway (Attachment 2, Figure E). Alternative Analysis Staff considered the following criteria to determine the total cost and benefit to the City of each alternative: 1. capital cost – total installation cost 2. operating cost (excludes revenue additional revenue generation) – annual cost to operate sign, 3. marketing promotion of City events to increase participation – effectives of promoting City event, 4. Community Center Complex visibility/recognition – ability to aid in the recognition of the three major facilities, 5. facility attractiveness to renters and community groups – appeal to renters and community groups to utilize facility and promote their events ITEM NO. ____ 4 Table 1 – Digital Sign Alternatives – Estimated Installation Costs Notes: 1 Costs include purchase of the sign and installation (excluding electrical) 2 Costs include upsizing the electrical conduit from the Community Center to the sign location across the lawn. The trenching and installation of new electrical wire costs are estimated to be approximately $12,000, regardless of what type of digital sign is selected. This activity includes potholing for utilities, restoration, new conduit, and new electrical panel. 3 The Master Lease Agreement Terms and Conditions states that Veale shall replace the Community Center Sign with a new digital billboard including permits and removal and disposal of existing sign and construction of new sign (excluding utility trenching) for an amount up to $50,000. 4 Estimated initial capital outlay costs will be determined once City Council provides direction on the type of sign to be installed. This will be a one-time cost. Sign Type/Size New Sign Cost (Veale)1 ($) Electrical Install Cost/City2 ($) Credit from Veale3 ($) Total Net City Cost (Initial Capital Outlay)4 ($) A. Existing Sign Size 10’ x 6’ N/A N/A N/A N/A B. Small single faced sign 2-line digital text only Size: 3’1” x 8’4” 20,000 12,000 (50,000) 12,000 C1. Single faced sign City logo below sign Size: 6’9” x 13’3” 63,700 12,000 (50,000) 25,700 C2. Single faced LED sign City logo above sign Size: 6’9” x 13’3” 64,200 12,000 (50,000) 26,200 D. Double-sided sign (V-shaped) Size: 6’9” x 13’3” 115,000 12,000 (50,000) 77,000 E. Single-sided Monument sign Size: 7’ x 13’ 20,000 N/A (50,000) 0 ITEM NO. ____ 5 Table 2 – Digital Sign Alternatives – Estimated Annual Operation and Maintenance Costs ($/yr) 1 Estimated Annual Operation and Maintenance fees from Yesco include an estimated $750-$1000/month fee for the one-sided sign and $1,400/month for V-shaped sign. The fee includes YESCO monitoring of the digital billboard 24 hours a day, 7 days a week. If they receive a notification that the sign is not communicating with the computer, they will attempt to perform a remote repair. If the remote repair does not resolve the problem, they send out a repair technician usually within 4 hours. The repair is free unless it is caused by external forces not covered under the warranty or maintenance agreement. 2 Monthly electrical cost is estimated to be $0.11/kWh. The existing sign and Alternative E assumes the usage of 16 40-watt flood lights running 10 hours a day (0.640kW*$0.11/kWh*10hrs/day*365 days). Alternative B with 2 lines of digital text only is expected to cost approximately the same, if not less, than the existing sign. The single face signs Alternatives C1 and C2 are estimated to use 2kW/hr for up to 16 hours a day (2kW*$0.11/kWh*16hrs/day*365 days). The double faced sign Alternative D would double the usage at 4kW/hr for 16 hours a day (4kW*$0.11/kWh*16hrs/day*365 days). 3 Wireless costs anticipated to be approximately $100/month. 4 City labor costs based on an annual budgeted cost of $113,921 for Maintenance Worker 2 ($54.77/hr) and $92,884 for Technical Manager ($44.66/hr). Alternative A assumes up to 20 hours a month for a Technical Manager. Alternatives B through D assumes up to 2 hours a month for a Maintenance Worker 2. Alternative E assumes up to 2 hours a month for a Technical Manager. Sign Type/Size Yesco Annual Fee 1 ($) Electrical Cost/City2 ($) Wireless Comm.3 ($) City Labor4 ($) Total ($) A. Existing Sign Size 10’ x 6’ N/A 250 N/A 10,718 10,968 B. Small single faced sign 2-line digital text only Size: 3’1” x 8’4” N/A 250 1,200 1,315 2,765 C1. Single faced LED sign City logo below sign Size: 6’9” x 13’3” 12,000 1,250 1,200 1,315 15,765 C2. Single faced LED sign City logo above sign Size: 6’9” x 13’3” 12,000 1,250 1,200 1,315 15,765 D. Double-sided LED sign (V-shaped) Size: 6’9” x 13’3” 16,800 2,500 1,200 1,315 21,815 E. Single-sided Monument sign Size: 7’ x 13’ N/A 250 N/A 1,072 1,322 ITEM NO. ____ 6 Alternative A – Retain Existing Sign 1. Capital cost –There are no installation costs. 2. Operating cost (excludes revenue) – The operation and maintenance effort associated with updating of the message board is approximately 20 hours a month for a PAC Technical Manager. 3. Marketing promotion – The existing sign offers limited marketing opportunities with the restricted lettering space for event titles. 4. Community Center Complex visibility/recognition – The existing sign does not display the names of the Sports Center or Community Center. 5. Facility attractiveness – The sign is dated. Based on the evaluation criteria above, keeping the existing sign the least favorable alternative due to its limited marketing opportunity and dated appearance. Alternative B – Installation of small single-faced sign with 2-line digital text only 1. Capital cost – The installation cost would be covered with the $50,000 credit from Veale. 2. Operating cost (excludes revenue) –Operation and maintenance costs would be limited to the wireless service to update the text on the board and approximately 2 hours of City labor per month for miscellaneous maintenance, cleaning and repair. 3. Marketing promotion – This sign would offer slightly more marketing opportunities than the existing sign with the restricted lettering space for event titles. 4. Community Center Complex visibility/recognition – The sign would display the names of the Performing Arts Center, Sports Center or Community Center, however the sign would be small (3 by 8 feet). 5. Facility attractiveness – The small sign would be an improvement over the existing sign, however it would be small. This sign offers limited capability including only two lines of digital text and no graphics capability; however this alternative is presented to provide a no-upfront-cost alternative to the City. Alternatives C1 and C2- Installation of Single-faced sign with City logo either below or above the digital sign 1. Capital cost – The installation cost would exceed the $50,000 credit from Veale by $25,700 (Alternative C1) or $26,200 (Alternative C2). These costs would be borne by the City out of General Funds. 2. Operating cost (excludes revenue) – Operation and maintenance costs would consist of the electricity needs to run the LED screen, wireless service to update the screen and approximately 2 hours of City labor per month for miscellaneous maintenance, cleaning and repair. 3. Marketing promotion – Either of these offers excellent marketing opportunities with LED display board and dynamic formats. The advanced LED technology rotates static advertising messages every six to eight seconds, offering new messages to the traveling public along south-bound Snyder Lane and west bound Rohnert Park Expressway. This type of sign allows ITEM NO. ____ 7 the ability to deliver multiple messages and promotions at a single location without having to wait for banners to be printed or staff to change the letters on the board. 4. Community Center Complex visibility/recognition – The sign would display the names of the Performing Arts Center, Sports Center or Community Center. 5. Facility attractiveness – Either of the two signs would be an upgrade to the existing sign. Architectural components are added to the sign to provide a visually pleasing structure that showcases the City’s logo and facility names. Staff recommends either of these sign alternatives because they provide a large screen area for over half the cost of Alternative D and can be seen sufficiently by travelers along south-bound Snyder Lane and west bound Rohnert Park Expressway. This type of sign allows the ability to deliver multiple messages and promotions at a single location without having to wait for banners to be printed or staff to change the letters on the board. Alternative D – Double-sided LED sign (V-shaped) 1. Capital cost – The installation cost would exceed the $50,000 credit from Veale by $77,000 (about triple the cost of Alternative C1 or C2). This cost would be borne by the City out of General Funds. 2. Operating cost (excludes revenue) – Operation and maintenance costs would consist of the electricity needs to run the LED screen, wireless service to update the screen and approximately 2 hours of City labor per month for miscellaneous maintenance, cleaning and repair. 3. Marketing promotion – This sign would maximize the marketing opportunities with two LED display boards with dynamic formats. The two boards would provide viewing opportunity to vehicles traveling both directions on Rohnert Park Expressway and Snyder Lane. 4. Community Center Complex visibility/recognition – The sign would display the names of the Performing Arts Center, Sports Center or Community Center. 5. Facility attractiveness – The double-sided sign and would provide a visually pleasing structure that showcases the City’s logo and facility names. This sign provides the maximum viewing capacity by travelers, however it is twice the cost of Alternative C1 or C2. Alternative E – Single-sided monument sign – no LED screen 1. Capital cost – The installation cost would be covered with the $50,000 credit from Veale. 2. Operating cost (excludes revenue) – There are minimal operation and maintenance costs associated with updating of the banners on the board. 3. Marketing promotion –This sign would only provide minimal marketing opportunities with limited space to hang banners for various events. 4. Community Center Complex visibility/recognition – The sign would display the names of the Performing Arts Center, Sports Center and Community Center. 5. Facility attractiveness – The double-sided sign and would provide a visually pleasing structure that showcases the City’s logo and facility names. ITEM NO. ____ 8 This sign would provide visibility and recognition to the facilities in the Community Center Complex, however it provides poor marketing exposure from the use of banners which may be difficult to see from the traveling public. Table 3. Community Center Complex Sign Alternative Evaluation Summary Matrix Rating Scale: 3=good, 2=fair, 1=poor Evaluation Criteria Alt A Alt B Alt C1 & C2 Alt D Alt E 1. Capital cost 3 3 2 1 3 2. Operating cost (excludes revenue) 1 2 1 1 3 3. Marketing/promotion 1 2 3 3 1 4. Community Center Complex visibility/recognition 1 2 3 3 2 5. Facility attractiveness 1 2 3 3 1 TOTAL RATING: 7 11 12 11 10 RECOMMENDATION Alternative C1 or C2 achieved the highest overall score and is the recommended alternative. Based on the evaluation criteria, although Alternative C1 or C2 would have an initial upfront cost for installation, the benefits achieve the expressed marketing desire, and provides the most beneficial impact to the Community Center Complex. Staff is recommending either Alternative C1 or C2 because they provide a large screen area for over half the cost of Alterative D and can be seen sufficiently by travelers along both north bound and south bound Snyder Lane and west bound Rohnert Park Expressway. FISCAL IMPACT/FUNDING SOURCE: The City’s portion of costs to design and install the digital sign depends on the sign selected by the Council. Since a significant amount of the anticipated use would be Performing Arts Center (PAC) events, the City’s share of the purchase and installation cost could come from the PAC Endowment. Otherwise, funding would come from the General Fund. Ongoing operational costs would be funded from the General Fund. NEXT STEPS: Upon direction from the City Council, staff would continue to perform an analysis of sign brightness and lighting of the preferred sign alternative begins the design and entitlement process and amend the lease. The entitlement process consists of the following steps: • October 13, 2015 City Council Meeting o Staff give presentation to City Council of the sign design alternatives and costs associated with each alternative o City Council provide staff direction on concept, budget and process ITEM NO. ____ 9 • November 2015 – Design of selected alternative with aerial exhibit and photometrics • December 2015 - Planning Commission Meeting to review project • January 2016 – staff prepare Policy Formation for sign and public outreach plan o Conduct public meetings to address concerns, including additional light from sign • February 2016 – City Council meeting for final approval o Financial appropriation, design , policy, amended lease agreement with Veale • March 2016 – Final design and construction • May 2016 – Estimated Construction completion date o Construction will be approximately 60 days Department Head Approval Date: 9/29/15 City Manager Approval Date: 10/5/15 City Attorney Approval Date: N/A Attachments: 1. Veale Master Lease Agreement, Exhibit C 2. Images of Sign Alternatives (Figures A through E) EXHIBIT C CRITERIA FOR REPLACEMENT OF COMMUNITY CENTER SIGN 1. Definitions. Unless otherwise indicated, all capitalized terms set forth in this Exhibit C shall have the meanings ascribed thereto in the Lease to which this Exhibit C is attached and forms a material part. 2. Replacement of Community Center Siqn. As a material inducement to get City to enter into the Lease, Tenant has agreed to replace the existing non - digital sign located at the Rohnert Park Community Center at 5401 Snyder Lane in the City of Rohnert Park, County of Sonoma (the "Community Center Sign ") in accordance with the following terms and conditions: 2.1 Tenant shall bear all costs associated with (i) preparing complete plans and specifications for the Community Center Sign, (ii) obtaining all entitlements, environmental clearances, and permits necessary to install the Community Center Sign, (iii) removing and disposing of the existing sign at the Community Center, and (iv) constructing the Community Center Sign. Notwithstanding the foregoing, City staff will trench the utilities to the Community Center Sign location, if necessary. 2.2 City shall diligently process Tenant's applications for all City Permits necessary for the Community Center Sign. These terms do not commit City in advance to approve City Permits; and this Exhibit C does not constrain City's discretion, acting as a government, with respect to City Permits specifically or to the Community Center Sign generally, and nothing contained herein shall be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Community Center Sign. 2.3 The Digital Billboard shall be constructed first. 2.4 Tenant shall be obligated to construct the Community Center Sign within the time frame provided for in Section 5.2.5 of the Lease. 2.5 Both the Digital Billboard and the Community Center Sign shall be covered by a single agreement. Prior to starting construction of the Community Center Sign, Tenant and City shall enter into an amendment to the Lease to set forth the terms and conditions for installation, operation, and maintenance of the Community Center Sign. C -1 OAK #4842 -5749 -9923 v6 EXHIBIT C ATTACHMENT 1 Excerpt from Veale Master Lease 2.6 Subject to City's approval, the Community Center Sign shall be similar in design and technology to the Digital Billboard. 2.7 City and Tenant shall share the utility costs for the Community Center Sign equally. 2.8 Tenant shall pay City a percentage of the Gross Revenue from advertising on the Community Center Sign as rent for the lease of the Community Center Sign site. No fixed rent shall be required for the Community Center Sign site. The rent to be paid by Tenant shall initially be structured with Tenant receiving seventy -five percent (75 %) of the Gross Revenue and City receiving twenty -five percent (25 %) of the Gross Revenue until such time as Tenant has been reimbursed from the extra twenty -five percent (25 %) for Tenant's actual cost to design, permit, and construct the Community Center Sign. Tenant shall provide evidence reasonably satisfactory to City to document the actual costs to design, permit, and construct the Community Center Sign. Upon the earlier of (i) Tenant recovering the actual cost for construction of the Community Center Sign or (ii) the beginning of the fourth year of operation of the Community Center Sign, Tenant shall pay City fifty percent (50 %) of the Gross Revenue from the Community Center Sign as rent for remainder of the Term and any extension thereof. 2.9 As additional consideration, the City shall receive the exclusive use of thirty -five percent (35 %) of all advertising time on the Community Center Sign at no cost to City. City may use such advertising time to promote any purpose that City, in its sole discretion, determines best serve the needs of the City and its residents. The allocation of advertising time to the City shall be on a fair and consistent basis with other advertisers during the operating hours of the Community Center Sign. 2.10 Subject to the criteria and limitations set forth in the Lease, Tenant shall have the exclusive right to manage all advertising content on the Community Center Sign for the portion of advertising time not allocated to the City. The City shall have sole authority to manage its own sign content. 2.11 Tenant shall operate the Community Center Sign in a manner similar to the Digital Billboard —no less than six (6) seconds nor more than eight (8) seconds per ad. 2.12 Tenant and City shall mutually agree upon the hours of operation for the Community Center Sign, but in no event less than 6:00 a.m. to 10:00 p.m. daily, except on nights when evening events that let out at or after 10:00 C -2 OAK #4842 - 5749 -9923 v6 EXHIBIT C p.m. are held at the Green Music Center, in which event the sign may operate no later than one (1) hour after the end of said event. 2.13 Subject to City approval, Tenant may explore the option to build the Community Center Sign with a rotating face. This feature will allow the sign to be repositioned at various times of the day to optimize visibility of the Community Center Sign to prevailing traffic patterns. Nothing in this Paragraph 2.13 shall be construed to require Tenant to construct the Community Center Sign with a rotating face, and if the cost to include a rotating face is determined to be too expensive, Tenant may elect to eliminate this option. 2.14 Tenant shall own the Community Center Sign during the term of the lease. 2.15 Either party may elect to terminate the agreement for the Community Center Sign upon an agreed upon time based on performance, community sentiment, and other factors that may limit the viability of the Community Center Sign. Except where City exercises its right to terminate this Lease for cause, City may not terminate the Lease pursuant to this provision prior to Tenant recouping its investment to design, permit and construct the Community Center Sign. Upon the expiration or other termination of the agreement for the Community Center Sign, City shall not be financially liable to Tenant for the cost to construct the sign and ownership of the Community Center Sign shall, without compensation to Tenant, become City's property, free and clear of all claims to or against it by Tenant or any third person. 2.16 Subject to City's approval, which approval shall not be unreasonably withheld, Tenant may hire a California licensed arborist to trim, shape and prune the trees in the median on Rohnert Park Expressway to maximize the visibility of the Community Center Sign. C -3 OAK #4842 -5749 -9923 v6 EXHIBIT C Figure A - Alt. A Alternative B: Small Single-faced sign with 2-line digital text. (Approximately 3’ x 8’) Figure B - Alt. B 2'-2" r 13'-6'4" ~-----·----~-~----- 0 0 0 ,---. 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D Alternative E: Single-sided Monument sign (Approximately 7’ x 13’) Figure E - Alt E October, 2015 City Council City Hall Attention: Carol 130 Avram Avenue Rohnert Park, CA 94928 RE: City Council Donation for Christmas Baskets Dear City Council: Supplemental Items for City Council Meeting: T-�f rr, I zI I would, like you, the City Council, to consider making a donation to support the Christmas Basket program I started several years ago for needy residents of Rohnert Park. After 25 years of the preparing Thanksgiving Dinner, served at the Senior Center, I realized the need for helping those who are less fortunate, homebound, and in some instances unable to prepare healthy meals. I saw a way I could, with some help from others, a way I could still be of service. For the past few years, I have prepared a food basket containing basic staples and a turkey for the most needy in Rohnert Park. I hope you, the City Council, will support my effort, with a cash donation to be used to purchase food items for these baskets. last year over 50 households were served. Using the meals on wheels list from the Senior Center and other names they supplied, we were able to help many families in Rohnert Park. in arely, Rev, Samuel Thorpe Sonoma State University Athletics - Tharpe, 1990 National Champs To Be Honored at H... Page 1 of 3 Own @ Mtg. Of: '1' cc: cc: to File: File: SAM THARPE Do 0 EOYMNP muot*$f CNIn 915MED aq9'� .rf�Yl General 19/17/2015 1:44:00 PM Tharpe, 1990 National Champs To Be Honored at HOF Ceremony Related Stories Related Videos jy'� 09.17.15 1 , Due to Scheduling, Marcus Ziemer Roast Moved To Spring 09.11.15 RMW SSU Athletics Announces New Text Message Alerts Feature 07.10.15 Seawolves Record Highest Department GPA On Record In'1415 07.09.15 Sonoma State Athletics Announces 2015 Hall of Fame Class ROHNERT PARK — The Sonoma State University Department of Intercollegiate Athletics is pleased r 02.17.15 to announce Sam Tharpe as the recipient of the first Dr. G. Edward Rudloff Distinguished Student - ..� SAAC- Organized Canned Athlete Alumni Award. Tharpe will be honored at this year's SSU Athletics Hall of Fame Ceremony on Food Drive Underway This October 24th alongside six Hall of Fame inductees and the 25th anniversary celebration of the 1990 Week national champion women's soccer team. Sam Tharpe: Making A Difference The Distinguished Student - Athlete Alumni Award is named for SSU Hall of Famer Dr. G. Edward Rudloff, a pioneer coach and educator who first established the principles upon which intercollegiate athletics at Sonoma State University was founded. Dr. Rudloff will be present at the ceremony to present the inaugural award. A native of Sarasota, Florida, Sam Tharpe originally came to Sonoma State to work as a groundskeeper before enrolling in classes in 1968. In the summer of 1969, he went out for Sonoma State's first -over football team, all the while attending class full-time and working the night shift as a custodian. As a testament to his dedication, Tharpe was named the team's Most Inspirational Player all three years and after earning his teaching credential, he went on to become the first African - American teacher and coach in the Petaluma school district. In a long and distinguished career that ranged from junior high to junior college, Sam taught and coached wrestling and football, touching thousands of lives along the way. In the 1970s, Tharpe became a minister and began his quest to help troubled youth in the community he called home. He opened T's Academy in Rohnert Park to support struggling middle and high school students and was the inspiration for many of them to earn their high school and college degrees. In 1994, he started the New Life Group Home, offering housing for troubled boys that were cast into foster homes and the juvenile judicial system and his annual Thanksgiving dinnners, which he ran for more http: / /www.sonomaseawolves.com/ news /2015/9/17/GEN_0917152026.aspx 9/28/2015 Sonoma State University Athletics - Tharpe, 1990 National Champs To Be Honored at H... Page 2 of 3 than 20 years, fed over 1,200 people every year. "The Rev ", as he is known, was also well known for delivering dinners at Christmas time to those In need. A true pillar in the community, Tharpe has bettered the lives of thousands of people and his message of love and redemption to all people is a model from which all can be inspired by. Said Director of Intercollegiate Athletics Bill Fusco, "I could not imagine a more deserving recipient of the inaugural Dr. G. Edward Rudloff Distinguished Student - Athlete Alumni Award than the Reverend Sam Tharpe. His outreach to the community is legendary and we are so proud that he has represented Sonoma State University as a wonderful ambassador, serving so many here in Sonoma County." Stand Up For The Champions! Already inducted into the Hall of Fame as a team (in 2001), the 1980 women's soccer team holds the distinction of winning the first national championship in the history of Sonoma State University. The Cossacks entered the NCAA championship tournament with a 12-4 mark in 1990, advancing past Barry University in a penalty shootout before meeting Keene State of New Hampshire in the final. Thanks to a first half Shannon Maddock goal and an insurance tally from Stacy Ball in the second, the team cruised to a 2.0 victory. Individuals on the 1990 team that have already been inducted into the Hall of Fame as players include Kim Abbott, Tami Bradley, and Julie Cochran, however their title run was truly a team effort. Said Cochran, "The team was a great group of people. We had chemistry, we loved to be together, we had faith in each other's ability, we worked beyond belief, and we loved each otherl That time in my life and that group of people was truly a magical experiencel ". Peter Reynaud, head coach and architect of the championship squad, will be on hand to celebrate the silver anniversary. "The Department of Intercollegiate Athletics is proud to honor the student - athletes and coaching staff of the 1990 women's soccer team that brought the first national championship to our campus 25 years ago," said Fusco. "We will never forget the individual and collective efforts of a team that will always have a place in the history and tradition of our Intercollegiate athletics program.' Tharpe and the 1990 Women's Soccer Team will be honored alongside this year's Hall of Fame inductees: Andrew Bailey, Chelsea Hannan, Kevin Wong, Kristy Sather, Benjamin Ziemer, and Marlene Bles. To learn more about this year's induction class, click here. The ceremony will be held on Saturday, October 24th at the Student Center on the Sonoma State University campus. A no -host reception will start at 5:30 pm with dinner to follow at 6:30 and the program at approximately 7:30. Tickets for the 2015 SSU Athletics Hall of Fame Ceremony can be purchased online by cllcklna here. Print Friendly Version http:// www. sonomaseawolves .com/news /2015/9/17/GEN 0917152026.aspx 9/28/2015