2017/08/08 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, August 8, 2017
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 August 8, 2017
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
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
A. Overview of Marin/Sonoma Mosquito & Vector Control District
4. DEPARTMENT HEAD BRIEFING
A. Finance Department: Introduction of Manuel Orozco, Supervising Accountant
5. 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.
6. 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, July 25, 2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated August 8, 2017
2. Successor Agency to the CDC Bills/Demands for Payment dated August 8, 2017
3. City- Cash Report for Month Ending April 2017
4. City Councilmembers Quarterly Expense Report (April, May, June)
C. City Council Resolutions for Adoption:
1. 2017-98 Authorizing and Directing the City Manager and Finance
Director to Arrange Certain Inter-Fund Loans to the Water
Fund, to Use the Proceeds Thereof and Retained Earnings in
the Water Fund to Prepay the City’s Obligations Under Its
2005 Installment Purchase Agreement with the California
Statewide Communities Development Authority, and to Take
All Other Action Necessary In Connection Therewith
2. 2017-99 Authorizing the City Manager to Execute Task Order 2017-07
with GHD, Inc. for Professional Engineering Design Services
for the Keiser Avenue Reconstruction (Project No. 2017-18)
and Related Actions
City of Rohnert Park Joint Regular Meeting Agenda August 8, 2017
for City Council/RPFA/CDC Successor Agency Page 3 of 5
3. 2017-100 Approving the Grant of Two Easements to Sonoma County
Water Agency for the Purpose of Serving the High Pressure
Transmission Line through Rohnert Park
4. 2017-101 Approving a Fifth Amendment to the Agreement for Purchase
and Sale Between the City of Rohnert Park and Stadium RP
Development Partners LLC and Related Actions
D. Ordinance for Adoption: Authorizing the East Cotati Avenue Rehabilitation (Project No. 2017-17) and Related Actions
1. No. 908 An Ordinance of the City of Rohnert Park, California,
Amending Title 17 of the Rohnert Park Municipal Code to
Regulate Short Term Rentals
Council Motion/Roll Call Vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
7. Consideration of a Contract to Develop a Form Based Code Applicable to the
City’s Downtown District Amenity Zone
A. Staff Report
B. Public Comments
C. Resolution for Adoption:
1. 2017-102 Authorizing the City Manager to Execute a Contract with
Opticos Design Inc. for a Form Based Code Applicable to the
City’s Downtown District Amenity Zone
a. Council motion/discussion/vote
8. Consideration of Agreement with Credo High School for Use of the Callinan
Sports and Fitness Center
A. Staff Report
B. Public Comments
C. Resolution for Adoption:
1. 2017-103 Authorizing the City Manager to Execute an Agreement with
Credo High School for Use of the Callinan Sports and Fitness
Center and Related Actions
a. Council motion/discussion/vote
9. Consideration of Purchase and Sales Agreement with Kandy Investments, LLC
for the Purchase of 6250 State Farm Drive
A. Staff Report
B. Public Comments
C. Resolution for Adoption:
1. 2017-104 Authorizing and Approving a Purchase and Sale Agreement
with Kandy Investments, LLC, for the City’s Purchase of
Property at 6250 State Farm Drive and Authorizing the Mayor
or City Manager to Execute the Agreement and Take All Other
Actions Necessary to Consummate the Transaction
Contemplated by this Resolution
a. Council motion/discussion/vote
City of Rohnert Park Joint Regular Meeting Agenda August 8, 2017
for City Council/RPFA/CDC Successor Agency Page 4 of 5
10. Consideration of Adjustment to City Council Compensation
A. Staff Report
B. Public Comments
C. Council discussion/direction
11. 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.
A. Standing Committee Reports
B. Liaison Reports
1. Russian River Watershed Association (7/27)
2. Water Advisory Committee (8/7)
3. Sonoma Clean Power (8/3)
C. Other Reports
1. Ad Hoc Committee to Review City Commission, Committee and Board Member
Terms of Office (7/25)
12. 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.
13. 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.
14. 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.
15. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to
litigation pursuant to Government Code §54956.9(d)(2): (One Case)
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
16. ADJOURNMENT
City of Rohnert Park Joint Regular Meeting Agenda August 8, 2017
for City Council/RPFA/CDC Successor Agency Page 5 of 5
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, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the
August 8, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for
review on August 3, 2017, 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 3rd day of August, 2017, at Rohnert Park, California.
___________________________________________
Caitlin Saldanha, Deputy City Clerk
Common Mosquitoes Found in
Sonoma County, West Nile
Virus, and Mosquito Abatement
Paul Libeu
Birds Infected with West Nile Virus
The most severe illness and rapid death is seen among corvid
birds, which include crows, jays, ravens, and magpies
Surveillance –Traps & Dipping
Trapping Dipping
Narrow-Spectrum Larvicides
Page 1 of 2
•Methoprene. Insect juvenile hormone analog; causes mosquitoes to
die at pupal stage when they can’t molt into adults. Resistance can
be a concern after protracted use. “Degradation of methoprene and
its metabolites is usually rapid in surface sites, with a half-life of
approximately 10 days.” “Not expected to persist in soil or
contaminate ground water because it degrades rapidly and binds to
particles so that it does not leach.” “Very low toxicity of human and
other vertebrates and may be applied directly to pets, livestock…”
•Bacillus thuringiensis israelensis (BTI). Naturally occurring toxin.
Activity drops off in organically enriched waters. Not “expected to
have significant adverse environmental effects at rates used in
mosquito control ….”
Narrow-Spectrum Larvicides
Page 2 of 2
•Lysinibacillius sphaernicus (LS). Naturally occurring toxin. Remains
active longer than BTI in organically enriched waters, but mosquitoes
tend to become resistant with prolonged use. Combining BTI & LS
can suppress resistance. Sustained release formulations are effective
in catch basins and freshwater wetlands. “Neither BTI nor LS are
expected to have significant adverse environmental effects at rates
used in mosquito control.”
•Spinosad is a natural insecticide derived from the fermentation of a
common soil microorganism,Saccharopolspora spinose. Contains
toxins called spinosyns. Useful in suburban catch basins and
freshwater wetlands against Culex tarsalis. May cause mortality in
wider variety of insects than BTI or LS.
Insecticides Used to Kill Flying Adult
Mosquitos (adulticides)
•Pyrethrins are naturally occurring products distilled from the flowers
of Chrysanthemum species. Although pyrethrins have an effective
“knockdown” action (induction of temporary paralysis), they do not
necessarily have high killing properties when used alone. T he
synergist piperonyl butoxide (PBO) is added. PBO interferes with the
insect’s ability to detoxify pyrethrins and pyrethroids.
•Pyrethroid insecticides are synthetic compounds that are chemically
similar to the pyrethrins but have been modified to increase stability
and activity against insects. Some synthetic insecticides are similar to
pyrethroids, such as etofenprox, but have a slightly different chemical
composition
Brand Names of Adulticides Used
•Zenivex E20
Contains etofenprox, a pyrethroid-like insecticide, but no synergist.
Does not tend to persist in the environment or appear to pose a risk to
mammals. Low toxicity to birds
Highly toxic to bees exposed to direct treatment
Dried foliar residue not harmful to honeybees
Used at night when bees are not active
Degrades rapidly in surface waters.
•Pyrocide Fogging Formula 7067
Contains pyrethrins and the synergist piperonyl butoxide
Source of Pesticide Information
•Environmental safety review of methoprene and bacterially-derived
pesticides commonly used for sustained mosquito control. Sharon P
Lawler. Ecotoxicology and Environmental Safety 139 (2017) 335-343.
http://www.sciencedirect.com/science/article/pii/S01476513163055
3X. (Easiest to find with Google Scholar. Limit search to 2017.)
•Programmatic EIR, June 2016. Marin/Sonoma Mosquito & Vector
Control District, especially Appendix B. Available from
msmosquito.com.
Supplemental Item 3A
City Council Meeting
August 8, 2017
Item No. 6A1
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, July 25, 2017
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 Mackenzie called the joint regular meeting to order at 5:01 p.m., the notice for which
being legally noticed on July 20, 2017.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy O. Ahanotu, Councilmember
Joseph T. Callinan, Councilmember
Absent: Gina Belforte, Councilmember
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Marchetta-Kenyon, Development Services Director Pawson, Public Works and Community
Services Director McArthur, Finance Director Howze, Human Resources Director Perrault,
Public Safety Director Masterson, Senior Analyst L. Tacata, Planning Manager
Beiswenger, Planner II Tusinger and Deputy City Clerk Saldanha.
2. PLEDGE OF ALLEGIANCE
Led by Mayor Mackenzie.
3. PRESENTATIONS
A. Mayor’s Certificate of Recognition: Commending Robert Safreno for Being
Recognized as the Sonoma County Veteran of the Year
Mayor Mackenzie presented a certificate of recognition to Robert Safreno, who
thanked Councilmembers for their support.
4. DEPARTMENT HEAD BRIEFING
A. Community Services: Introduction of Sheri Miller, Performing Arts Center Supervisor
Director of Public Works and Community Services McArthur introduced new
employee, Sheri Miller, to the City Council.
City of Rohnert Park Joint Regular Meeting Minutes July 25, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 5
B. Public Safety: National Night Out on Tuesday, August 1, 2017 from 5:00 p.m. – 8:00 p.m.
at Rohnert Park City Center Plaza (475 City Center Drive)
Director of Public Safety Masterson announced the National Night Out event and invited
Councilmembers to attend. Director of Public Safety Masterson also provided a report
regarding road closures due to the Ironman Race on Saturday, July 29, 2017.
5. PUBLIC COMMENTS
Eileen Morabito discussed the benefits of crisis intervention training for law enforcement
agencies and asked the Mayor for an update on the Rohnert Park Department of Public
Safety’s participation in such training.
Thomas Morabito expressed his concerns regarding dialogue issues under the Brown Act.
City Manager Jenkins provided an update on the status of Rohnert Park Department of
Public Safety’s participation in mental health and crisis intervention training.
ACTION: By Consensus (none opposed, Belforte absent), City Council directed staff
to post information regarding Rohnert Park Department of Public Safety’s
participation in mental health and crisis intervention training on the City’s
website and forward this information to Ms. Morabito for reference.
6. CLOSED SESSION
A. Mayor Mackenzie made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 5:26 p.m. in Conference
Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: 5900 Labath Avenue, Rohnert Park, CA (APN: 143-040-124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Matthew Waken, Stadium RP Development Partners, LLC
Under Negotiation: Price and Terms of Payment
B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 5:36 p.m.
C. Report on Closed Session (Government Code § 54957.1)
Mayor Mackenzie reported: no reportable action.
7. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting, July 11, 2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated July 25, 2017
2. Successor Agency to the CDC Bills/Demands for Payment dated July 25, 2017
3. City – Cash Report for Month Ending March 2017
4. RPFA- Cash Report for Month Ending June 2017
5. Housing Successor Agency- Cash Report for Month Ending June 2017
6. Successor Agency- Cash Report for Month Ending June 2017
City of Rohnert Park Joint Regular Meeting Minutes July 25, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 5
C. City Council Resolutions for Adoption:
1. 2017-091 Approving Five Creek Subdivision Final Map, Authorizing Execution
of a Deferred Improvement Agreement and Accepting Subject to
Improvement Offers of Dedication for Public Right-of-Way, Public
Parks, Public Utility Easements, Public Sidewalk Easements, and
Water Line Easements And Related Actions
2. 2017-092 Approving a Standard Formal Reimbursement Agreement and
Authorizing the City Manager to Execute
3. 2017-093 Authorizing and Approving Director of Finance
to Increase 2017-18 Appropriation to Distribute Graton Mitigation
Fund Community Investment Contributions to Designated
Organizations Pursuant To MOU Section 4.2.2
4. 2017-094 Approving the Plans and Specifications for the Redwood & Commerce
Rehabilitation (Project Number 2015-23), Awarding the Construction
Contract to Ghilotti Bros., Inc. and Related Actions
5. 2017-095 Approving a Fourth Amendment to the Agreement for Purchase and
Sale Between the City of Rohnert Park And Stadium RP Development
Partners LLC and Related Actions
5. 2017-096 Approving the Plans and Specifications for the Snyder Lane
Rehabilitation (Project Number 2016-06), Awarding the Construction
Contract to Argonaut Constructors and Related Actions
D. Ordinance for Adoption:
1. No. 907 An Ordinance of the City of Rohnert Park, California, Amending
Chapter 13.04 of the City of Rohnert Park Municipal Code (City
Water System) to Increase Water Service Rates
E. Authorize the City Manager to Execute a Waiver of Claims and Indemnification
Agreement Between Metropolitan Transportation Commission and City of Rohnert
Park in order to Receive a Program for Arterial System Synchronization (PASS) Grant
ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar.
Motion carried by the following unanimous 4-0-1 Roll Call vote: AYES:
Ahanotu, Callinan, Stafford and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Belforte.
8. Consideration of Sale and Issuance of Sewer System Revenue Refunding Bonds,
Series 2017
Finance Director Howze presented the item. Finance Director Howze pointed out an error in
staff report regarding the outstanding amount of the 2005 Certificates, which should read as
$9.97 million instead of $8.86 million. Recommended Action(s): Approve and authorize a
resolution of the City Council of the City of Rohnert Park authorizing and directing the City
Manager and Finance Director to execute the sale and issuance of the City of Rohnert Park
Sewer System Revenue Refunding Bonds, Series 2017 (the “Bonds”) in an estimated
aggregate principal amount of $8.86 million to refinance the City’s Sewer System Revenue
Certificates of Participation, Series 2005 (the “2005 Certificates”) and authorizing certain
actions in connection therewith, to take advantage of lower interest rates to reduce the annual
City of Rohnert Park Joint Regular Meeting Minutes July 25, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5
debt service payments. The City would pay off the 2005 Certificates on or about August 3,
2017. This action would reduce debt service payment and relieve pressure on the Sewer Fund
to meet ongoing operations and obligations.
Public Comments: None.
ACTION: Moved/seconded (Ahanotu/Stafford) to adopt Resolution 2017-097
Authorizing the Sale and Issuance of Sewer System Revenue Refunding
Bonds and Approving the Execution and Delivery of Certain Documents
and Authorizing Certain Actions in Connection Therewith.
Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu,
Callinan, Stafford and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Belforte.
9. Discussion and Direction on Use of Investible Funds to Redeem the Outstanding 2005
Water Bonds Using Interfund Loans
City Manager Jenkins presented the item. Recommended Action(s): The City would pay off
the 2005 Bonds on or about September 1, 2017 by using investible special revenue funds to
pay off the outstanding water bonds via internal borrowings to achieve a positive net fiscal
impact of $784,000. This action would eliminate the debt coverage ratio requirement on the
Water Fund.
Public Comments: None.
ACTION: By Consensus (none opposed, Belforte absent), City Council directed staff
to move forward with the above recommended actions and bring the item
back for formal adoption at a future City Council meeting.
10. PUBLIC HEARING (NO EARLIER THAN 6PM – (Noticed on 7/14/2017)
INTRODUCTION OF ORDINANCE – An Ordinance of the City of Rohnert Park,
California, Amending Title 17 of the Rohnert Park Municipal Code to Regulate Short
Term Rentals
Planning Manager Beiswenger and Planner II Tusinger presented the item. Recommended
Action(s): Conduct a public hearing and waive first reading and introduce ordinance to
amend Chapters 17.07.020 (Footnotes), 17.04.030 (Definitions), and 17.06.030 (Permitted
Uses) of the Rohnert Park Zoning Ordinance.
Hearing Opened 6:29 p.m.
Public Comments: None.
Hearing Closed 6:29 p.m.
ACTION: Moved/seconded (Stafford/Ahanotu) to waive full reading and introduce
Ordinance 908 an Ordinance of the City of Rohnert Park, California,
Amending Title 17 of the Rohnert Park Municipal Code to Regulate Short
Term Rentals. Title read by Mayor Mackenzie.
City of Rohnert Park Joint Regular Meeting Minutes July 25, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5
Motion carried by the following unanimous 4-0-1 Roll Call vote: AYES:
Ahanotu, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS:
None, ABSENT: Belforte.
11. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committee Reports
None.
B. Liaison Reports
1. Chamber of Commerce (Board of Directors) (7/18)
Vice Mayor Stafford reported that Public Safety Director Masterson,
Assemblymember Cecilia Aguiar-Curry, and Cotati Rohnert Park Unified School
District Superintendent Robert Haley will be speaking at the next Noon Times
meeting.
2. Golf Course Advisory Committee (7/18))
Councilmember Callinan reported on numerous golf course improvements
including remodeled restrooms, updates to septic systems, sand traps, edged
walkways, and planting of additional trees. Councilmember Callinan also
announced the hiring of a new Maintenance Supervisor, Brandon Culter. For the
record, Councilmember Callinan stated that both golf courses appear to be in great
shape overall.
3. Sonoma County Waste Management Agency (SCWMA) (7/19)
No report provided. Vice Mayor Stafford stated that the next meeting will be held in
August.
C. Other Reports
None.
12. COMMUNICATIONS
None.
13. MATTERS FROM/FOR COUNCIL
None.
14. PUBLIC COMMENTS
None.
15. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 6:37 p.m.
_____________________________________ __________________________________
Caitlin Saldanha, Deputy City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
Item No. 6B1
Item No. 6B2
Item No. 6B3
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ITEM NO. 6C1
1
Meeting Date: August 8, 2017
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Agenda Title: Use of Investible Funds to Redeem the Outstanding 2005 Water Bonds
Using Inter-fund Loans
RECOMMENDED ACTION:
Approve a resolution authorizing inter-fund loans from special revenue funds to the Water Fund
in order to prepay outstanding 2005 water bonds to achieve a positive net fiscal impact of
$784,000. On July 25, 2017, the City Council provided direction to bring back final documents
execute the plan a presented by staff. This resolution would implement the approved plan.
BACKGROUND:
The City’s Water Fund has long term debt in the form of bonds issued in 2005 to finance
improvements to the City’s water system (“the Bonds”). At the time the Bonds were issued, the
net revenues of the Water Fund were pledged as security for the Bonds and the City was to maintain
a debt service coverage ratio of at least 1.20. The Bonds were originally issued in May 2005 in the
total par amount of $5.0 million. The Bonds current outstanding principal amount is $3,285,000.
ANALYSIS:
The State of California recently went through a serious four-year drought. Since January 2014, the
Governor and the State Water Board have issued increasingly more stringent Executive Orders
and Emergency Regulations. This culminated in April of 2015, when the combined effect of these
orders and regulations was a requirement the City reduce overall water use by 16% compared to
2013 baseline use. These emergency regulations provided the State Water Board with the authority
to impose fines upon the City if it did not meet its required conservation target. Residents and
businesses responded to the State requirements imposed upon the City and have achieved water
savings in excess of 16% compared to the 2013 baseline. While this response has allowed the City
to avoid fines from the State Water Board, it has significantly impacted water revenues. Because
of the significant winter rains, our local and regional water supplies are in good shape.
In June of 2016, in an effort to improve the cash flow of the Water Fund and help meet the City’s
bond covenant obligation to maintain a debt coverage ratio of 1.20, the City paid off some of the
Water Fund’s debt using retained earnings (fund balance). In an effort to continue to improve the
cash flow conditions in the Water Fund, staff would like to pursue paying off the remaining Water
Fund debt—2005 bonds in the amount of $3.3 million outstanding. The Water Fund lacks
sufficient funds to pay off the Bonds at this time. However, a number of other City Special
Revenue Funds contain monies intended for long-term investment. These funds can be used to
reduce interest costs in the Water Fund while increasing interest earnings in the Special Revenue
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. 6C1
2
Funds. This would relieve or reduce the pressure on the Water Fund and eliminate the debt
coverage requirement contained in the bond documents. It also meets our goal to reduce debt where
possible.
The Bonds are redeemable on any date without premium from prepayment. Such a prepayment
may next be made on or about September 1, 2017 and the 2005 Bonds could be redeemed on that
date. In addition to the $3,285,000 of principal, approximately $60,000 in interest is due for a total
payoff of $3,345,000.
At present, the outstanding Bonds carry an interest rate of 4.00% to 4.50% (4.39% aggregate),
which is significantly higher than what the City is receiving from the market on its current
investment portfolio. Due to the reasons highlighted above, it makes economic sense for the City
to pay off the 2005 Bonds from other funds and redeem them in full. This results in the City saving
the interest cost it will otherwise incur, if it leaves the 2005 Bonds outstanding until their maturity
on October 1, 2030. Upon Council direction, staff will proceed with the necessary activities to
pay off the 2005 Bonds.
LOAN TERMS:
Inter-fund loans should benefit the loaning fund, but not at the detriment of the borrowing fund.
The proposed terms in this case would benefit both the lending funds and the borrowing fund.
Attached are four proposed term sheets for the inter-fund loans. The amount varies by each special
revenue fund. The interest is set at 3% or the Sonoma County Investment Pool rate, whichever is
higher. Payments will be twice per year, consistent with the current bonds. The principal payment
amount will be based on a 12-year term, one year shorter than the remaining life on the Bonds. To
be consistent with state law limiting some local investments to five years or less, the loans will be
due in five years. The loans could then be paid back by the Water Fund, or renewed for an
additional five years. This five-year check-in provides opportunity to evaluate the loans and
whether they are fair to the lending and borrowing funds at that future date. The Water Fund may
prepay the loans at any time.
FISCAL IMPACT:
The proposed payoff would utilize funds held in a number of Special Revenue Funds. These
monies are currently invested with the Sonoma County Investment Pool (SCIP) managed by the
Sonoma County Treasurer. This pool of investments is currently (3rd Quarter FY 16-17) earning
1.11% interest. Over the last 12 years SCIP has averaged 1.78% interest. Rather than holding the
funds in this relatively low interest pool, staff proposes to loan these funds to the Water Fund to
pay off the Bonds. The Water Fund would pay a fixed rate of 3.00% to the Special Revenue Funds
unless the SCIP pool rate goes above 3.00%, in which case it would pay the SCIP rate. This
ITEM NO. 6C1
3
provides a lower cost of interests for the Water Fund compared to the 4.39% of the Bonds and a
greater rate of return for the Special Revenue Funds.
The estimated Fiscal Impact is as follows:
Water Fund Interest Savings: $528,000
Special Revenue Fund Earnings: $256,000
Total Benefit to City of Payoff: $784,000
The cost to pay off the outstanding 2005 Bonds on September 1, 2017 is estimated to be
approximately $3,345,000 including accrued interest.
The proposed funding sources are as follows:
Water Fund Retained Earnings (Fund Balance) $ 345,000
University District Maintenance Annuity Fund (Loan) $1,000,000
Vehicle Replacement Fund (Loan) $1,200,000
Spreckels Endowment Permanent Fund (Loan) $ 500,000
Spreckels Donation Permanent Fund (Loan) $ 300,000
Total: $3,345,000
Staff is prepared to proceed with the funding sources as listed or open to suggesting other possible
funding sources for the refunding.
Water Fund Retained Earnings is the money held in the Water Fund after accounting for revenues
and expenses. In 2016, the City used a portion of the retained earnings to pay off a 2002 Water
Bond. While there are insufficient funds to pay off the entire Bond and maintain adequate reserves,
there are sufficient funds to contribute toward the payoff as indicated above.
University District Maintenance Annuity Fund holds monies provided to the City for the purpose
of investing and using the earned interest to offset the maintenance costs created by the new
housing development and accompanying infrastructure. The proposed loan would increase interest
earnings by $85,000 over the 12-year period.1
Vehicle Replacement Fund is a fund created by the City to fund the planned replacement of our
fleet. The City has set aside additional fund balance the last two years in the vehicle replacement
fund. The loan can be made without negatively impacting our vehicle replacement schedule. The
proposed loan would increase interest earnings by $102,000 over the 12-year period.
Spreckels Endowment Permanent Fund holds monies donated to the City with the express purpose
of investing the funds and putting the investment earnings toward the Spreckels Performing Arts
Center. The proposed loan would increase those interest earnings by $43,000 over the 12-year
period.
Spreckels Donation Permanent Fund holds monies donated to the City for the purpose of
supporting the Spreckels Performing Arts Center. These funds are used from time to time for
projects and upgrades to Spreckels. With the proposed loan and the currently funded lighting and
sound system replacement project, the fund would still have $300,000 for additional improvements
1 Using proposed 3.0% interest compared to the last 12 years of Sonoma County Investment Pool rate of 1.78%.
ITEM NO. 6C1
4
while the principal of the loan is being repaid. The proposed loan would increase interest earnings
by $26,000 over the 12-year period.
STRATEGIC PLAN ALIGNMENT:
Goal B of our strategic plan calls for City to Achieve and Maintain Financial Stability. Managing
water operations, capital improvements, debt and debt covenants is an integral part of this goal.
OPTIONS CONSIDERED:
Option 1 – Recommended. The City would pay off the 2005 Bonds on or about September 1, 2017.
This action would eliminate the debt coverage ratio requirement on the Water Fund. It would also
provide financial benefits to the City of $784,000.
Option 2 – Not Recommended. The City would not pay off or refund the debt, and continue to
make debt service payments per the debt schedule. City would forgo the opportunity to save future
interest costs and relieve the Water Fund from the annual debt service payments on the 2005
Bonds.
Finance Director Approval Date: July 17, 2017
City Attorney Approval Date: June 27, 2017
City Manager Approval Date: July 17, 2107
Attachments:
1. Resolution
2. UDSP Maintenance Annuity Inter-fund Loan Term Sheet
3. Vehicle Replacement Inter-fund Loan Term Sheet
4. Spreckels Endowment Inter-fund Loan Term Sheet
5. Spreckels Donation Inter-fund Loan Term Sheet
RESOLUTION NO. 2017-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK AUTHORIZING AND DIRECTING THE CITY
MANAGER AND FINANCE DIRECTOR TO ARRANGE CERTAIN
INTER-FUND LOANS TO THE WATER FUND, TO USE THE PROCEEDS
THEREOF AND RETAINED EARNINGS IN THE WATER FUND TO
PREPAY THE CITY’S OBLIGATIONS UNDER ITS 2005 INSTALLMENT
PURCHASE AGREEMENT WITH THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY, AND TO TAKE ALL
OTHER ACTION NECESSARY IN CONNECTION THEREWITH
WHEREAS, in order to finance improvements to its water system in 2005, the City
entered into an installment purchase agreement (the “2005 Installment Purchase Agreement”)
with the California Statewide Communities Development Authority (“CSCDA”) pursuant to
which the City agreed to make certain payments from the net revenues of the water system (the
“2005 Installment Payments”); and
WHEREAS, CSCDA issued bonds (the “2005 Bonds”) secured and payable in part from
the 2005 Installment Payments and made a portion of the proceeds from the sale of the 2005
Bonds available for the construction of the aforesaid water system improvements; and
WHEREAS, the remaining 2005 Installment Payments (and the corresponding
outstanding 2005 Bonds) are in an aggregate principal amount of $3,285,000, are payable on
each March 15 and September 15 through September 15, 2030 and bear interest at annual rates
of 4.00% through 4.50%; and
WHEREAS, since such interest rates exceed the rates of return currently available for
the investment of balances in various funds held by the City, it will be to the advantage of the
City for the City to arrange for certain inter-fund loans to the City’s Water Fund and to use the
proceeds of such loans and use retained earnings in the Water Fund to pay off the remaining
2005 Installment Payments (resulting in the redemption of the 2005 Bonds);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Manager and the Finance Director are authorized and directed to:
1. Cause inter-fund loans to be made to the Water Fund from the various
funds, in the respective maximum amounts and on the terms set forth in
Attachments 1 through 4 hereto;
2. Apply the proceeds of such loans together with retained earnings in the
Water Fund in an amount sufficient to prepay the City’s obligations under
the 2005 Installment Purchase Agreement to such prepayment; and
3. Take any and all steps necessary to effect such prepayment at the earliest
date reasonably practical.
2
2017-098
BE IT FURTHER RESOLVED that any actions heretofore taken by either the City
Manager or the Finance Director to effect such prepayment are ratified and confirmed.
DULY AND REGULARLY ADOPTED this 8th day of August, 2017.
CITY OF ROHNERT PARK
Jake Mackenzie, Mayor
ATTEST:
JoAnne M. Buergler, City Clerk
Attachments 1-4
AHANOTU: ____ BELFORTE: ____ CALLINAN ____ STAFFORD: ____ MACKENZIE: ____
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ATTACHMENT 1
INTER-FUND LOAN TERM SHEET
$1,000,000 Inter-Fund Loan from the University District Specific Plan
Maintenance Annuity Fund to the Water Fund
Purpose The Inter-Fund Loan proceeds shall be used exclusively for the purpose
of prepaying the Rohnert Park CSCDA Water Revenue Bonds (Series
2005).
Borrower City Water Fund #511
Lender City UDSP Maintenance Annuity Fund #151
Amount Up to $1,000,000
Interest The equivalent to a fixed annual rate of 3.0% or the Sonoma County
Investment Pool, calculated semi-annually, whichever is greater.
Payments Semi-annual payments to begin on the next semi-annual interval
(April 1, October 1), following prepayment of the CSCDA Bonds.
Payments are due within 30 days of the due date. Payments not received
on time will continue to accrue interest on the remaining principal
balance.
Payment
Calculation The annual sum of the payments shall be based on a 12-Year
Term Loan compounded semi-annually at an annual interest rate of 3.0%.
Maturity The Inter-Fund Loan will be repaid in full no later than July 31 , 2022
or may be renewed, as needed, for up to two additional five year
periods.
Prepayment Borrower has the right to prepay part or the entire outstanding Inter-Fund
Loan amount at an y time without penalty.
Security Net Revenues of the Water Fund (being total revenues less maintenance
and operation expenses)
ATTACHMENT 2
INTER-FUND LOAN TERM SHEET
$1,200,000 Inter-Fund Loan from the
Vehicle Replacement Fund to the Water Fund
Purpose The Inter-Fund Loan proceeds shall be used exclusively for the purpose
of prepaying the Rohnert Park CSCDA Water Revenue Bonds (Series
2005).
Borrower City Water Fund #511
Lender City Vehicle Replacement #620
Amount Up to $1,200,000
Interest The equivalent to a fixed annual rate of 3.0% or the Sonoma County
Investment Pool, calculated semi-annually, whichever is greater.
Payments Semi-annual payments to begin on the next semi-annual interval
(April 1, October 1), following prepayment of the CSCDA Bonds.
Payments are due within 30 days of the due date. Payments not received
on time will continue to accrue interest on the remaining principal
balance.
Payment
Calculation The annual sum of the payments shall be based on a 12-Year
Term Loan compounded semi-annually at an annual interest rate of 3.0%.
Maturity The Inter-Fund Loan will be repaid in full no later than July 31 , 2022
or may be renewed, as needed, for up to two additional five year
periods.
Prepayment Borrower has the right to prepay part or the entire outstanding Inter-Fund
Loan amount at an y time without penalty.
Security Net Revenues of the Water Fund (being total revenues less maintenance
and operation expenses)
ATTACHMENT 3
INTER-FUND LOAN TERM SHEET
$500,000 Inter-Fund Loan from the Spreckels Endowment Permanent Fund
to the Water Fund
Purpose The Inter-Fund Loan proceeds shall be used exclusively for the purpose
of prepaying the Rohnert Park CSCDA Water Revenue Bonds (Series
2005).
Borrower City Water Fund #511 (Water Fund)
Lender Spreckels Endowment Permanent Fund #431
Amount Up to $500,000
Interest The equivalent to a fixed annual rate of 3.0% or the Sonoma County
Investment Pool, calculated semi-annually, whichever is greater.
Payments Semi-annual payments to begin on the next semi-annual interval
(April 1, October 1), following prepayment of the CSCDA Bonds.
Payments are due within 30 days of the due date. Payments not received
on time will continue to accrue interest on the remaining principal
balance.
Payment
Calculation The annual sum of the payments shall be based on a 12-Year
Term Loan compounded semi-annually at an annual interest rate of 3.0%.
Maturity The Inter-Fund Loan will be repaid in full no later than July 31 , 2022
or may be renewed, as needed, for up to two additional five year
periods.
Prepayment Borrower has the right to prepay part or the entire outstanding Inter-Fund
Loan amount at an y time without penalty.
Security Net Revenues of the Water Fund (being total revenues less maintenance
and operation expenses)
ATTACHMENT 4
INTER-FUND LOAN TERM SHEET
$300,000 Inter-Fund Loan from the Spreckels Donation Permanent Fund to
the Water Fund
Purpose The Inter-Fund Loan proceeds shall be used exclusively for the purpose
of prepaying the Rohnert Park CSCDA Water Revenue Bonds (Series
2005).
Borrower City Water Fund #511 (Water Fund)
Lender Spreckels Donation Permanent Fund #430
Amount Up to $300,000
Interest The equivalent to a fixed annual rate of 3.0% or the Sonoma County
Investment Pool, calculated semi-annually, whichever is greater.
Payments Semi-annual payments to begin on the next semi-annual interval
(April 1, October 1), following prepayment of the CSCDA Bonds.
Payments are due within 30 days of the due date. Payments not received
on time will continue to accrue interest on the remaining principal
balance.
Payment
Calculation The annual sum of the payments shall be based on a 12-Year
Term Loan compounded semi-annually at an annual interest rate of 3.0%.
Maturity The Inter-Fund Loan will be repaid in full no later than July 31 , 2022
or may be renewed, as needed, for up to two additional five year
periods.
Prepayment Borrower has the right to prepay part or the entire outstanding Inter-Fund
Loan amount at an y time without penalty.
Security Net Revenues of the Water Fund (being total revenues less maintenance
and operation expenses)
ITEM NO. 6C2
1
Meeting Date: August 8, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services/City Engineer
Prepared By: Mary Grace Pawson, Director of Development Services/City Engineer
Agenda Title: Authorizing the City Manager to Execute Task Order 2017-07 with GHD, Inc.
for Professional Engineering Design Services Associated with the Keiser
Avenue Reconstruction (Project No. 2017-18) and Related Actions
RECOMMENDED ACTION: Approve a resolution authorizing the City Manager to execute
Task Order 2017-07 with GHD, Inc. for Professional Engineering Design Services associated
with the Keiser Avenue Reconstruction (Project No. 2017-18) and related actions.
BACKGROUND: The City’s Development Agreement (DA) with the developers of the
University District Specific Plan requires, among other things, that the developers reconstruct
Keiser Avenue prior to the issuance of building permits in the Vast Oak North portion of its
subdivision (see Attachment 1 for location of the Vast Oak North portion of the University
District). The Development Agreement also requires that the developer commence the
construction of an affordable housing complex, located in Vast Oak North, in March 2019 which
requires the issuance of a building permit.
Staff and the developer have been meeting regularly in order to coordinate the ongoing work at
the University District and compliance with DA. Opening up Vast Oak North for construction of
the affordable housing complex requires, at a minimum, a looped water system and two points of
access which requires that the following construction activity needs to be completed within the
next 18 to 24 months:
• Extension of Kerry Road north to Keiser Avenue which includes utility extensions and a
bridge over Hinebaugh Creek (which provides one point of access); and
• Extension of a water main in Keiser Avenue from Snyder Lane to Kerry Road (which
would complete the water system loop); and
• Reconstruction of Keiser Avenue from Snyder Lane east to Kerry Road (which would
provide a second point of access); or
• Reconstruction of Keiser Avenue from Kerry Road east to Petaluma Hill Road (which
would provide an alternative second point of access).
While all of these improvements are technically the responsibility of the developer, Section 4.17
of the Development Agreement provides the City with the right to undertake offsite
improvements, including improvement of Keiser Avenue, as long as the developer funds the
City’s work.
Given the magnitude of the construction work that needs to be accomplished, staff and the
developer have negotiated a plan to share the construction effort with the developer completing
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. 6C2
2
the extension of Kerry Road and the reconstruction of Keiser from Kerry to Petaluma Hill Road
and the City completing the reconstruction of Keiser Avenue from Snyder Lane to Kerry Road,
including the water main extension. The goal of this division of effort is to ensure that that
construction of the affordable housing complex can begin on time.
The City has included the Keiser Avenue Reconstruction Project (Project 2017-18) in its Fiscal
Year 2017-18 Capital Improvement Program and has requested funding from the developer in
accordance with Section 4.17 of the DA.
ANALYSIS: Given this background and the aggressive schedule for the project, on June 9,
2017, staff issued a request for qualification (RFQ) for professional engineering design services
for the Keiser Avenue Reconstruction Project. The scope of work involves utility installation and
road reconstruction and widening on Keiser Avenue from Snyder Lane to Kerry Road, which is
approximately a half mile in length. The roadway will include two, 12-foot wide travel lanes and
two, 5-foot wide bike lanes, along with curb, gutter, storm drainage and low impact development
features. Utilities will include a water main extension for the full half-mile length and recycled
water and sewer extensions for at least a portion of the half-mile length. The project will also
require coordination with PG&E to, at a minimum, relocate existing overhead power lines.
Two qualified engineering firms responded to the City’s RFQ:
• Coastland Engineering; and
• GHD, Inc.
As provided for in Section 3.6.6 of the Purchasing Policy, staff reviewed the proposals for
approach, competence and professional qualifications and determined that GHD Inc.
demonstrated a superior understanding of the City’s needs. Staff negotiated with GHD and is
proposing a contract with a value of $1,158,269, which in accordance with Section 4.17 of the
DA, will be funded by the developer. Staff has requested the funding from the developer and will
not commence work under the proposed Task Order until the funding has been received.
ENVIRONMENTAL ANALYSIS: The Keiser Avenue Reconstruction Project was included in
the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated July
2005) for the University District Specific Plan. Because the improvements were included in the
Project Description, the analysis in the Draft EIR included an analysis of the construction and
operation of these improvements and mitigation measures were developed to minimize any
impacts. The Draft EIR identified 19 temporary construction impacts that are associated with the
development of the site, including the construction of infrastructure improvements. All of these
impacts are less than significant or can be reduced to a less than significant level with standard
construction mitigation that will be incorporated into the approved plans.
The description of the required infrastructure improvements was not substantially changed by
either the Final EIR (March 2006) or the CEQA Addendum (February 2014). Because the
proposed improvements were included in the Project Description considered in the University
District Specific Plan EIR, and their impacts were analyzed and mitigated to a less than
significant level, no further CEQA analysis is required. The City will incorporate the approved
mitigation measures in its construction documents and secure permits as required by the EIR and
the Mitigation Monitoring Program.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
ITEM NO. 6C2
3
OPTIONS CONSIDERED: There are two options to consider:
1. Authorize the City Manager to execute Task Order 2017-07 with GHD, Inc. for
Professional Engineering Design Services associated with the Keiser Avenue
Reconstruction (Project No. 2017-18) and related actions. This action is consistent with
the University District Specific Plan and the DA and provides for an expedited
construction strategy, allowing the affordable housing construction to begin on time.
2. Do not authorize the Task Order and require the developer to complete all the required
improvements by March 2019 in accordance with DA. This option is not recommended
because it is unlikely that the developer, acting alone, can complete the full scope of the
required infrastructure in a timely fashion. This would cause a technical breach of the DA
and delay the commencement of affordable housing complex, which is an important and
necessary part of the overall development.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is
$1,158,296. The funding source is a contribution from the developer, in accordance with Section
4.17 of the DA, which will ultimately be credited against Public Facilities Fees owed by the
developer on new housing construction. The City’s adopted Fiscal Year 2017-18 budget includes
$1,332,615 for the Keiser Avenue Reconstruction Project and the proposed contract falls within
this budget allowance. In addition to the existing budget authority, the proposed resolution
provides the Finance Director with the authority to accept and appropriate funds from the
developer.
Department Head Approval Date: 07/31/2017
Finance Director Approval Date: 07/25/2017
City Attorney Approval Date: 07/24/2017
City Manager Approval Date: 07/31/2017
Attachments (list in packet assembly order):
1. University District Location Map
2. Resolution authorizing the City Manager to execute Task Order 2017-07 with GHD,
Inc. for Professional Engineering Design Services for the Keiser Avenue
Reconstruction (Project No. 2017-18) and Related Actions
3. Resolution Exhibit A – Task Order 2017-07 with GHD, Inc.
Attachment 1
1
RESOLUTION NO. 2017-099
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
TASK ORDER 2017-07 WITH GHD, INC FOR PROFESSIONAL
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE KEISER
AVENUE RECONSTRUCTION (PROJECT NO. 2017-18) AND RELATED
ACTIONS
WHEREAS, reconstruction of Keiser Avenue is necessary and required to fully
implement the University District Specific Plan; and
WHEREAS, the Development Agreement between the City and the Vast Oak Property
LP and University District LLC (Developer) requires the Developer to reconstruct Keiser
Avenue as part of developing the portion of the University District known as Vast Oak North;
and
WHEREAS, the affordable housing complex that allows the Developer to comply with
the City’s inclusionary housing ordinance is located in Vast Oak North; and
WHEREAS, the Development Agreement requires that construction of the affordable
housing complex begin in March 2019, which requires that water supply and access be available
from Keiser Avenue; and
WHEREAS, Section 4.17 of the Development Agreement provides a mechanism for the
City to undertake offsite infrastructure improvements, including the reconstruction of Keiser
Avenue, with funding provided by the developer; and
WHEREAS, City and Developer agree that the best way to ensure a timely start on the
affordable housing complex is for the City and Developer to cooperate on the extension of
Keiser Avenue with the City designing and constructing Keiser Avenue, including appropriate
utility extensions, from Snyder Lane to Kerry Road in accordance with Section 4.17 of the
Development Agreement; and
WHEREAS, in accordance with the City’s Purchasing Policy, staff has issued request
for qualifications for engineering design services, evaluated responses and determined that
GHD, Inc. is most qualified to provide design services on this project; and
WHEREAS, staff has negotiated a scope of work for the project and an overall fee of
$1,158,296; and
WHEREAS, the design phase of the Keiser Avenue reconstruction project is included
in the City’s approved Fiscal Year 2017-18 Capital Improvement Program with a total budget of
$1,333,683.
NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to
the execute the Task Order 2017-07 with GHD, Inc. attached hereto as Exhibit “A” and
incorporated herein by reference, subject to minor modifications by the City Manager or
City Attorney and the deposit of funds by the Developer in accordance with Section 4.17 of
the Development Agreement.
( 2 )
2017-099
FURTHER RESOLVED that the Finance Director is hereby authorized to accept
and appropriate funds from the developer as necessary to implement the design of the Keiser
Avenue Reconstruction Project.
DULY AND REGULARLY ADOPTED this 8th day of August, 2017.
CITY OF ROHNERT PARK
_______________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
GHD, INC. TASK ORDER NO. 2017-07
CITY OF ROHNERT PARK
AND
GHD, INC.
AUTHORIZATION TO PROVIDE DESIGN AND COORDINATION
SERVICES FOR PROJECT NO. 2017-18 (KEISER AVENUE
RECONSTRUCTION)
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct GHD, INC. to proceed with the work specified
in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City
of Rohnert Park ("City") and GHD, INC. ("Consultant") hereto dated July 12, 2016.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced
in SECTION 1 above. The total cost for services as set forth in SECTION 2 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” for an amount not-to-exceed $1,158,296.
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by August 31, 2019, or as extended by the City
Manager.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for professional services between
City and Consultant are incorporated by reference.
Approved this 8th day of August, 2017
CITY OF ROHNERT PARK GHD, Inc.
____________________________
Darrin Jenkins (Date) William Silva (Date)
Per Resolution No. 2017-____ adopted by the
Rohnert Park City Council at its meeting
Of August 8, 2017.
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
City Clerk City Attorney
1
Keiser Avenue Reconstruction Project
Error! Unknown document property name.
SCOPE OF WORK
PROJECT MANAGEMENT AND DESIGN SERVICES FOR
THE KEISER AVENUE RECONSTRUCTION PROJECT
SNYDER LANE TO KERRY ROAD EXTENSION
I. GENERAL DESCRIPTION
This scope is to provide professional engineering, project management, and other related services for the
preparation of environmental compliance, permitting, and engineered design plans for the reconstruction
and widening of Keiser Avenue, from Snyder Lane to Kerry Road; the scope includes preliminary design
of the roundabout at the intersection of Snyder Lane and the associated conforms to the north and south
as it relates to the pending Snyder Lane Rehabilitation Project (north, by others) and completion of the
Snyder Lane Widening (south). Due to a March 1, 2019, deadline for the installation of water supply and
fire access to the proposed affordable housing complex at the intersection of Keiser Avenue and Kerry
Road, a separate, coordinated construction bid package for the water main and supplemental paving is
programmed in this scope of work.
Anticipated disciplines include roadway, civil, hydrology/hydraulic, LID, roundabout, electrical, structural,
construction signing, traffic, survey (topography/right of way), CEQA, permitting, landscape architecture,
right of way management, public outreach (baseline), geotechnical investigation, overhead utility
relocation (if possible) and/or utility undergrounding coordination, and utility evaluation and design.
Optional tasks are identified below in the Scope of Services Outline and the detailed description below.
II. SCOPE OF SERVICES OUTLINE
Consultant services for the project will include the following tasks and subtasks to address the project
elements above. The tasks address the RFQ scope of work items and have been ordered to be sequential
or concurrent as best practical based on existing information. Task 4 has been added to support project
development and other tasks have been provided (optional) for further or future support to the City. A
detailed scope of work for each task and subtask follows this outline.
Task 1. Project Management and QA/QC
1.1 Project Management and Internal Coordination
1.2 Project Schedule
1.3 Agency Coordination
1.4 Project Meetings
1.5 Progress Reporting/Invoicing
1.6 Quality Assurance/Quality Control
Task 2. Data Collection and Review
2.1 Background Research
2.2 Site Visit with City
2.3 Utility Potholing
2.4 Geotechnical Investigation
Task 3. Topographic and Right of Way Survey
3.1 Topographic Survey
3.2 Right of Way Survey
3.3 Legal Descriptions and Plats
2
Keiser Avenue Reconstruction Project
Error! Unknown document property name.
Task 4. Community Outreach / Project Communication
4.1 Community Outreach / Developer Coordination
4.2 Community Outreach Program (Optional)
Task 5. Environmental Compliance and Permitting
5.1 CEQA Project Description - Roundabout
5.2 Resource Agency Permitting
Task 6. Preliminary Design / BOD Report
6.1 Water Main Tech Memo
6.2 BOD Report / 35% Plans, Quantities, and Estimate
Task 7. Water Main Design, Bid, and Construction
7.1 60% PS&E Submittal – Water Main
7.2 90% PS&E Submittal – Water Main
7.3 Final Submittal – Water Main
7.4 Water Main Project Ad/Bid Phase
7.5 Water Main Project Construction Support
Task 8. Right of Way Support
8.1 Identify Right of Way Needs
8.2 ROW Appraisal and Acquisition Support
8.3 Identify PG&E Easement Needs
Task 9. O/H Utility Relocation and Undergrounding/Rule 20B Coordination
9.1 O/H Utility Relocation
9.2 Utility Undergrounding Coordination
Task 10. Keiser Avenue Design
10.1 60% PS&E Submittal – Keiser Avenue Reconstruction
10.2 90% PS&E Submittal- Keiser Avenue Reconstruction
10.3 Final PS&E Submittal- Keiser Avenue Reconstruction
Task 11. Construction Advertisement (Bid Phase)
11.1 Keiser Avenue Project Ad/Bid Phase
Task 12. Construction Phase Support
12.1 Keiser Avenue Project Construction Support
12.2 Construction Management/Inspection (Optional)
Each completed deliverable shall be delivered to the City of Rohnert Park, Development Services, at 130
Avram Avenue, Rohnert Park, CA 94928. All tasks and deliverables shall be completed or submitted in
accordance with the included schedule. Consultant shall submit time and materials invoices monthly.
Below is a Detailed Scope of Work that describes the specific services, tasks, and deliverables to be
completed by Consultant. Assumptions and exclusions related to the contract work are listed after the
scope or services, or as applicable.
Though they are not anticipated, it is understood that this scope of work does not include any investigation
or other services related to contaminated or hazardous materials. As an optional service, Consultant has
local resources and the ability to assist with supplemental services in this area should the need arise.
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III. DETAILED SCOPE OF WORK
Task 1. Project Management and QA/QC
Acting as an extension of City staff, management activities will consist of: project management and
internal coordination, project schedule, agency coordination, project meetings, and quality
assurance/quality control as stated in the following sub sections:
Project Management and Internal Coordination
Supervise, coordinate and monitor planning and design of the Project for conformance with standards and
policies. The geometric standards will follow the most current City Standard Plans, Caltrans (English Unit)
Highway Design Manual (HDM, current version), Caltrans 2015 (English Unit) Standard Plans, Caltrans
2015 (English Unit) Standard Specifications, and applicable City Standard Special Provisions or the
current edition of these publications.
Consultant will include project management, predesign, design, permitting and coordination in order to
deliver the project. Coordination will include active work with the University District developer and its
consultants who will be designing and constructing Kerry Road extension and Keiser Avenue from Kerry
Road to Petaluma Hill Road.
Coordinate the project with various Consultant functional groups to ensure timely delivery of qualified
products. Consultant will utilize its standard core processes and implement a quality control procedure for
design activities, perform in-house quality control reviews for major milestones, and submit project
deliverables to the City for review in accordance with the approved schedule dates.
This task includes one (1) internal project kickoff meeting with key Consultant design team members. In
preparation of the kickoff meeting, Consultant will prepare a Project Management Plan (“work plan”)
identifying all major tasks and key milestones, staff assignments and specifying roles and responsibilities
of Consultant team members and the City.
It is understood that Bill Silva, P.E., will be the Project Manager and will be available for regular meetings
at the City.
Deliverables
• Draft Project Management Plan (with draft work plan)
• Final Project Management Plan
Services Provided by City
• City will make arrangements for meeting room and meeting scheduling.
• City review by the various departments and divisions will be coordinated by City Design staff.
Comments will be gathered and submitted to Consultant in one comment submittal package.
Project Schedule
Prepare a detailed Critical Path Method (CPM) schedule for the entire project (including the water line and
roadway packages). Microsoft Project will be the software used for this task. Update the Microsoft
Project CPM schedule, as a minimum on a monthly basis with the regular meetings or as needed and
submit to the City. It is assumed that the awarded contractor will prepare a detailed construction schedule
and Consultant will include a milestone schedule for “start” and “end” of construction.
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Deliverables
• CPM schedule - one electronic PDF copy submitted via email.
• CPM schedule – monthly hardcopy updates.
Agency Coordination
Acting as an extension of City staff, actively manage and coordinate with the City, the City’s right of way
consultant, and involved agencies/stake holders to promote timely flow of information for each task
activity. It is anticipated that the following City departments, outside agencies, and stakeholders are: City
Public Works and Utilities, Sonoma County, PG&E/Utility Companies, CRPUSD, UD
Developer/Engineers, and various regulatory agencies.
Consultant will be responsible for providing drafts of City Council or Planning Commission items
necessary for accomplishing the project and will work with staff to carry these items through the approval
process (e.g. City requires 3‐weeks from the completion of a staff report in order to calendar an item for
Council or Commission review).
Deliverables
• Meeting agenda and meeting notes will be prepared by Consultant and submitted to City for
distribution. Meeting notes will be submitted within 10 working days of the meeting.
• Record of critical telephone communications will be provided by Consultant via email
communication to City within 10 working days of the communication.
• As-needed meeting presentation materials and handouts will be provided by Consultant.
Services Provided by City
• Information regarding direct communication and documentation from City departments and
outside agencies affecting the project design will be provided to Consultant via email and
electronic documents (pdf)
• City will make arrangements for meeting room and meeting scheduling.
• City will provide consultant with access to its intranet (SharePoint) and this tool may available to
the Keiser Avenue project team.
Project Meetings
Attend meetings such as project/design coordination meetings with the City and other design team
members (20 meetings) and comment review sessions (5 meetings). The meetings will be held on regular
monthly basis and as needed. Consultant assumes that the meetings will be held at the City offices. For
purposes of the Fee Estimate, it is assumed that the Project Manager, the Project Engineer and up to two
additional team members may be required to attend the meetings addressed under this task.
Deliverables
• Meeting agenda and meeting notes will be prepared by Consultant and submitted to City for
distribution. Meeting notes will be submitted within 10 working days of the meeting.
• As-needed meeting presentation materials and handouts will be provided by Consultant.
Services Provided by City
• City will make arrangements for meeting room and meeting scheduling.
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Progress Reporting/Invoicing
Prepare and submit monthly progress reports, including look-ahead schedule, with invoices in accordance
with the City requirements. Control of project costs will be accomplished through a task-breakdown
structure invoice format; data on each task will include current charges, to-date charges, estimated
percent complete, and remaining balance – all by individual task. Budget will be monitored on a task level
basis though final costs shall be based upon the time and materials (T&M) total project fee.
Deliverables
• Monthly progress and budget summary submitted electronically (email) with monthly (hard copy)
invoice.
Quality Assurance/Quality Control
Consultant’s senior staff will perform internal quality control review throughout the project life and the
project QA manager will perform a quality assurance audit prior to major submittals to the City (per ISO
9001 Certification). Project Manager will be responsible for Quality Assurance. Matt Wargula will be
responsible for overall Quality Control review and comment resolution within the GHD team. The QA/QC
check plans and prints will be kept at the Consultant office and will be made available for review by the
City.
Deliverables
Redlined review comment and response sheets
Task 2. Data Collection and Review
Background Research
This task will consist of data collection and review of activities, including assembling available information
from the City and identifying additional data and information that is required to properly design the
improvements. Consultant will request and review any readily available reports, studies, as-
built/development plans from the City to identify roadway alignment, structural sections, other built
features, right of way (ROW), near-term and future projects planned in the area and/or by the City and
other pertinent information. This task will include coordination with the City and County staff to identify
approval processes in the event purchase and development of land outside the City limits as required for
the project.
Consultant will review all relevant previous studies, including historical traffic counts & other reports, such
as UDSP EIR, NESP documents, General Plan EIR, PFFP, Storm Water Low Impact Development
Technical Design Manual, Citywide Master Plans, and the Municipal Regional Permit. The Consultant
shall rely on its own independent assessments and investigation, and not on information provided by the
City.
Site Visit with City
Consultant will attend a project kick-off site visit with the City to review field conditions and develop a
mutual understanding of the project design. Field investigations will be performed by Consultant engineers
and coordinated with City staff to identify existing surface features, areas for improvements, potential
alternatives, and photograph the site to serve as the basis for defining the constraints.
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Utility Potholing
Consultant will review existing utility information and notify the City of potential conflicts with proposed
improvements. For identified utility conflict locations, Consultant will propose those locations for potholing.
The anticipated utilities to be considered include storm drain, sewer, water, recycled water, overhead and
dry utilities (electric, u/g electric, communications, etc.). To collect data for the accurate design of these
utilities, utility potholing is proposed to collect field verified subsurface information. For consideration, this
task is highly recommended and it is anticipated that approximately 20 potholes will be required for the
project (all anticipated within or near Snyder Lane).
Geotechnical Investigation
Consultant will include review of readily-available geologic and geotechnical background information,
including published maps, reports, construction drawings, and other documents available publically or
supplied by the project team. Site reconnaissance will be performed to observe existing conditions, select
locations for subsurface exploration, and pre-mark the site for utility location by Underground Service Alert
as required. A follow-up reconnaissance will be performed to verify utility locations and finalize exploration
and traffic control plans in order to acquire encroachment permits from the City of Rohnert Park.
Consultant will perform one day of subsurface exploration using truck -mounted drilling equipment to
excavate approximately 10 to 12 shallow pavement cores to observe and document existing pavement
sections and near surface soil conditions. Traffic control will be provided during the course of our
exploration in accordance with our permit requirements which we anticipate to include signage and a
single flag-man. We anticipate performing one core per 400- to 500-LF of roadway which should be
appropriate for what we expect will be relatively uniform subsurface conditions. During our exploration,
we will log existing pavement section thicknesses and collect bulk samples of the subgrade materials for
material classification and laboratory determination of subgrade R-Value. We anticipate combining similar
soil materials from several core locations into a single representative “composite” sample for laboratory
analysis of R-Value and optimum soil/lime proportion testing.
Based on the results of our subsurface exploration and laboratory testing, we will perform engineering
analyses in order to develop recommendations and design criteria for geotechnical facets of the project,
which will be summarized in a brief letter report addressing the following:
• Summary of regional and local geologic conditions;
• Summary of existing pavement conditions (asphalt and baserock thicknesses);
• Summary of subsurface exploration and laboratory testing;
• Evaluation of relevant geologic hazards and conceptual mitigation measures;
• Recommendations for site preparation and grading, including discussion of excavation conditions
for underground utilities and various pavement design section options for Keiser Avenue:
– Conventional HMA and aggregate baserock sections for a range of Traffic Indexes (including a
TI of 10)
– Conventional HMA and aggregate baserock that are reinforced with geotextiles for a thinner
section compared with an “unreinforced” section
– Subgrade lime and/or cement treatment to improve expected low R-values at the site. We will
discuss benefits of lime treatment if wintertime construction is desired;
• We will briefly discussion of alternative pavement recycle-in-place strategies, although we expect
the wider planned roadway and thin existing materials will not be conducive to these alternatives
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on Keiser Avenue. Snyder Lane may be a candidate depending on the timing of the roundabout
improvements.
• Recommendations for geotechnical site drainage and anticipated seasonal groundwater levels;
and
• Recommendations for temporary or permanent paving on Snyder Lane depending on the timing
of the roundabout improvements.
• Other geotechnical project components as needed.
Our letter report will also include a site plan and geologic map, summary of our field exploration and
laboratory test data, and other plates and figures as needed to support our conclusions and
recommendations.
Deliverables
• Draft Geotechnical Letter Report
• Final Geotechnical Letter Report
Services Provide by City
• Confirmation of Traffic Index for Keiser Avenue and Snyder Lane
• Participation in the preferred pavement section selection, if multiple viable options identified
• Confirmation of roundabout construction timing
Task 3. Topographic and Right of Way Survey
Topographic Survey
The topographic survey will be at a drawing scale of 1 inch = 20 feet, unless otherwise requested, with a
one foot contour interval. The topographic survey will include the following:
• Topographic survey coverage area will begin at the intersection of Keiser Avenue and Petaluma
Hill Road then head west along Keiser Avenue to the intersection with Snyder Lane. The width of
the survey will be 10 feet north of the existing right of way to 40 feet south of the existing edge of
pavement. Cross sections will at intervals of approximately 50 feet. The frontage of buildings
outside of this swath along Keiser Avenue will be surveyed for use in Rule 20 design and or
driveway conform designs.
• Snyder Lane will mapped from the north side of the Hinebaugh Creek Bridge to the southerly side
of the Crane Creek Keiser Avenue Reconstruction Bridge. Cross sections will at intervals of
approximately 50 feet. Mapping will extend from apparent right of way to apparent right of way
north of the Keiser Avenue intersection and face of curb to face of curb south of the Keiser
Avenue intersection.
• Topographic survey will include mapping the proposed roundabout area and 25 feet beyond the
proposed roundabout area, including adjacent structures.
• Topographic survey will include all necessary work to produce a topographic map, including
features such as, but not limited to; building corners and elevations, curb lines, water meters,
sewer cleanouts, valves, manholes (including rim, invert and pipe information), storm drainage
structures, ditches, utility markings on the pavement, utility poles (with O/H line orientations),
driveway and doorway locations, sidewalks, trees four (4) inches and larger, retaining wall or
decorative walls, and any other pertinent information that could apply to the project during design.
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• Topographic survey will be provided on North American Vertical Datum of 1988 as established by
GPS observations.
• Topographic map to horizontally relate to the California Coordinate System of 1983, Zone II.
• Topographic survey will include underground utilities line work, including utility type and pipe size,
based on record information and pothole data collected.
• Topographic survey will include pickup of potholing and boring locations
• Topographic map to horizontally A RIGHT OF WAY SURVEY IS PERFORMED UNDER TASK
3.2.
Deliverables
• Sealed hardcopy of Topographic Survey Map at 20 scale
• Autocad Civil 3D electronic “dwg” file
Right of Way Survey
• Consultant will assist with the right of way engineering to delineate the existing road right of ways
throughout the project limits. This item will include the following:
• Perform the necessary boundary research to compile existing right of way data
• Draft record right of way based on existing record maps and found monumentation
• Label adjoining parcels with assessor parcel lines and street addresses.
• A Record of Survey is not currently scoped, however, due to the revision of right of ways along
Snyder Lane and Keiser Avenue, including parcel lines between the City and the County, a
Record of Survey is a recommended service. Two approaches to this include: file the record a
survey after all the right of way acquisitions are done (show the final condition), or more
preferably, show the resolved existing right of way, file the record of survey with the design
centerline stationing on it, and then file the Record of Survey. It can then become a seamless
base map for all legal descriptions and used for preparing the right of way acquisitions.
Services Provided by City
• Right of way lead, appraisal, acquisition services
Legal Descriptions and Plats
Consultant will prepare legal descriptions and plats for right of way acquisition. This proposal assumes
that preparation of eight right of way acquisitions (i.e. partial acquisitions) and eight temporary
construction easements will be needed.
• Assumes title reports will be provided by the City of Rohnert Park.
Task 4. Community Outreach / Project Communication
Community Outreach / Developer Coordination
This subtask includes baseline community outreach effort and is intended to cover minimum public
outreach efforts for a project of this size. Consultant shall attend Council and Commission meetings for
presentations and to report review findings. The Consultant will attend any public meetings, hearings, and
community workshops regarding Environmental Documents and Engineering Design. Consultant shall
respond to the public’s concerns and questions during meetings. Consultant shall coordinate venues (e.g.
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Community Center), presentations, and materials necessary for public meetings and workshops (2). It is
anticipated that an initial workshop to communicate the project intent to the public and seek input would
be held. Available information regarding driver awareness and training for roundabouts will be provided at
the first workshop. A second workshop to provide feedback on meeting #1, incorporation of community
input, and a project update would also be held.
Consultant will meet with individual owners where potential takes or easements (TCE or permanent) are
required and discuss any areas where preferences can be inserted into the design. We will gather insights
into drivers and motivations for the private property owners, middle school, and other users along the
Keiser Avenue and Snyder Lane corridors.
Consultant will participate in workshops with adjacent developers and their engineer’s to review the work
scope for the City project and coordinate elements between the mutual projects. Scope includes up to 4
sessions with adjacent developers and related parties.
Community Outreach Program (Optional)
This subtask assumes the addition of a designated public outreach specialist and is intended to be a
proactive and heightened level of public outreach that engages the community and stakeholders with a
defined task and goal. The subtask describes the means and methods by which we will connect the
community to the Keiser Avenue Reconstruction Project, which audiences need to be addressed, and the
different techniques our team will employ to reach the audience. We will reach out to engage the
community through emails, presentations to civic groups, a website dedicated to the project, and
newspaper coverage when appropriate. We will also take advantage of the Farmer’s market and store
front displays to expand display coverage at key times.
We will be readily available to make scheduled presentation at key civic group meetings, including groups
and locations such as Kiwanis, Rotary, the Senior Center, and Tomorrow’s Leaders Today. In order to
help avoid issues that might grow into unforeseen challenges, we will meet informally with key opinion
makers and stakeholders to encourage a high level of dialogue.
Our team will aim to solicit responses from not only local residents, but individuals within the zip code, as
well as tourists and visitors. We will use traveling display that will reside in locations such as the lobby of
nearby coffee shops, stores, and the City Library. By concluding these week-long display sessions with
open question and answer periods, our team will increase project awareness as well as gain insightful
public feedback and participation.
With the City we will:
• Help the City establish a general policy before the project is complete in order to foster a
transparent and traceable decision making process for the public;
• Identify an appropriate collection of educational and acceptance resources of a general nature;
• Implement widespread distribution of the resources using the media, websites, road maps etc.
• These information tools will be deployed through the Community Outreach process defined
above, and will include question and answer periods with civic groups (Kiwanis, Rotary, Seniors
Center, etc), interviews or feature stories in the local paper, and 1-2 Community-Wide Education
Forums.
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Task 5. Environmental Compliance and Permitting
CEQA Project Description - Roundabout
CEQA is understood to be covered under the University District EIR for the widening of Keiser Avenue
and scope of utility improvements scoped in the two construction packages covered under this scope of
work. For this subtask, GHD will prepare the project description for the future UDSP EIR Addendum
consistent with the requirements of CEQA for the selected roundabout alternative from the BOD effort.
This will include a description of modifications to Mitigation Measure TRA-4a, Install Traffic Signal at
Snyder Lane/Keiser Avenue Intersection, and Mitigation Measure TRA-4b, Widen Keiser Avenue
Westbound Approach, to include a roundabout instead of a traffic signal.
Resource Agency Permitting
The project is located within the Santa Rosa Plain and may effect habitat for CTS, a federally endangered
and State threatened amphibian species. In addition, jurisdictional wetland features along Keiser Avenue
will be impacted. Based on Figure 3 of the Santa Rosa Plain Conservation Strategy, the three endangered
plant species on the Santa Rosa Plain are not anticipated to occur and no effect to listed plants is
assumed.
Based on our understanding of the project, GHD anticipates the regulatory permits and approvals will be
as follows:
• U.S. Army Corp of Engineers (USACE) – Section 404 Nationwide Permit (anticipated to be NWP
14, Linear Transportation Projects)
– United States Fish and Wildlife Service (USFWS) - Section 7 Consultation
– State Historic Preservation Officer (SHPO) - Section 106 Consultation (formal consultation not
anticipated)
• North Coast Regional Water Quality Control Board (NCRWQCB) - 401 Water Quality Certification
• California Department of Fish and Wildlife (CDFW) - Section 2081 Incidental Take Permit
GHD will contact the resource agencies to verify the type of permit needed and to discuss any concerns
the agencies may have with regard to the proposed project. Early consultation is important so that site-
specific agency concerns can be identified and addressed during the design process. Applications should
be submitted, at a minimum, 10 to 12 months prior to the expected start of construction.
In support of the application packages to the above agencies, the following reports will be prepared.
Wetland Delineation
GHD biologists and qualified wetland delineators will conduct a formal jurisdictional determination of the
project site to identify and map existing jurisdictional waters of the US, including wetlands. The previously
verified Preliminary Wetland Delineation for the Gee and School District properties will be used to
supplement the Keiser Avenue Reconstruction Project delineation. The field effort and approach would
follow the requirements of the USACE, including the routine determination methodology published in the
1987 Corps of Engineers Wetland Delineation Manual (1987 Manual), Regional Supplement to the Corps
of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), and A Field Guide to the
Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United
States.
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GHD will prepare a Preliminary Wetland Delineation and report to be submitted to the City for review and
subsequent submittal to USACE for verification. At the time the Preliminary Wetland Delineation is
submitted, GHD also will request a pre-application review of the project. We have included one site visit
with the USACE. We anticipate submitting the Preliminary Wetland Delineation prior to submitting the
USACE Nationwide Permit application package.
Biological Resources Report
GHD will prepare a Biological Resources Report that includes a summary of preliminary investigations
regarding biological resources within the project area and immediate vicinity (within 100-feet along project
corridor). These investigations will compile: data found during a record search of the California Natural
Diversity Database/Biogeographic Information and Observation System (CNDDB/BIOS); a list of federal
endangered and threatened species obtained from the U.S. Fish and Wildlife Service (USFWS); and a
California Native Plant Society (CNPS) inventory for the project location. Finally, any relevant existing
studies pertaining to the site will be reviewed, including the UDSP EIR.
GHD biology staff will conduct a reconnaissance level survey of biological and botanical resources within
and immediately adjacent to the project area. While onsite, biologists will document species observed
(flora and fauna) and conduct onsite vegetation community mapping. Conditions onsite will be outlined in
the report and will be used to provide an assessment of the potential for occurrence of sensitive species.
The report will include baseline data for CTS and listed plants, but protocol level surveys will not be
performed.
Cultural Resources Report
In accordance with Mitigation Measure C-4a of the UDSP EIR, the project corridor will be surveyed to
identify known archaeological sites. The Anthropological Studies Center at SSU, as part of the GHD
Team, will conduct a review of records, maps and documents on file at the Northwest California
Information Center (NWIC) of the California Historical Resources Information System, Sonoma State
University, and publications and maps at the ASC. An archaeological field survey will be performed to
identify and document archaeological resources with the project corridor. If any archaeological resources
are found, they will be recorded. It is assumed that no more than three sites are found. A Cultural
Resources Report will be prepared documenting the results of the research and field survey. This scope
of work does not include a geoprobe investigation.
U.S. Army Corps of Engineers (Nationwide Permit and Section 7 Consultation)
A Corps Section 404 Nationwide Permit is anticipated to be required because the project may involve the
placement of fill in jurisdictional waters of the U.S. It is anticipated that the project will qualify for a
Nationwide Permit #14, Linear Transportation Projects. The wetland delineation will be the basis on which
impacts on jurisdictional waters will be quantified and permitted under Sections 404 and 401 of the Clean
Water Act. As noted above, when the Preliminary Wetland Delineation is submitted, GHD also will request
a pre-application review of the project to facilitate the review and processing of the permit application
when submitted. The pre-application review will be based on the 35% conceptual design. Consultation
with the USFWS is anticipated, which will be supported by the Biological Resources Report. Although the
USACE will require information regarding cultural resources and consultation with the tribes, formal
consultation with SHPO is not anticipated.
GHD staff will prepare a complete USACE application package for review by the City and subsequent
submittal to the USACE. The Biological Resources Report and Cultural Resources Report will be included
in the package. GHD will submit the application based on the 60% design and include a contingency for
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impacts in the event impacts increase from 60% to 90% design. GHD has included up to 25 hours of
follow-up coordination with the USACE.
North Coast Regional Water Quality Control Board (401 Water Quality Certification)
A NCRWQCB Section 401 Water Quality Certification will be required because the project is anticipated to
involve the placement of fill in waters of the State and the U.S. The Certification supports the approval of
the USACE’s Nationwide Permit.
GHD staff will prepare a complete NCRWQCB permit package for review by the City and subsequent
submittal to the NCRWQCB. This package will include the Biological Resources Study, Wetland
Delineation, and the UDSP EIR Notice of Determination (assumed to be provided by the City). The
application package will require compliance with SWRCB MS4 Permit requirements. The project scope of
work includes the design of LID improvements per the City adopted Santa Rosa/Sonoma County Low
Impact Development Technical Design Manual. A filing fee, to be provided by the City, will be required
with submittal of the application. GHD has included up to 25 hours of follow-up coordination with the
NCRWQCB.
California Department of Fish and Wildlife (Incidental Take)
It is anticipated that the City will be required to apply for an Incidental Take Permit (ITP) from the CDFW to
authorize potential impacts on CTS pursuant to Sections 2081(b) and (c) of the CESA. The GDH team will
prepare the ITP application that describes the project impacts and mitigation. The Biological Resources
Study prepared under Task 5.2, will be revised to meet the needs of the CDFW Section 2081 Incidental
Take Permit.
GHD staff will prepare a complete CDFW Incidental Take permit package for review by the City and
subsequent submittal to the CDFW. GHD has included up to 25 hours of follow-up coordination with the
CDFW.
Deliverables
• Draft and Final Preliminary Wetland Delineation
• Draft and Final Biological Assessment
• Draft and Final Cultural Resources Report
• Draft and Final USACE Application Package
• Draft and Final NCRWQCB Application Package
• Draft and Final CDFW Application Package
Assumptions
The following assumptions were made in preparation of the environmental scope:
1. Impacts to wetlands will not exceed 0.5 acre, which would trigger an Individual U.S. Army Corps
Permit.
2. Preliminary delineation prepared for Gee and School District properties is available (Ted Winfield;
Brookfield).
3. Agencies will agree that Keiser Avenue Reconstruction Project is separate from improvements
being made to the east portion of Keiser Avenue, and they are of separate utility.
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4. USFW is expected to re-issue a CTS Biological Opinion in the coming months. Our scope and
fee assumes that the survey and documentation protocols will not substantially change.
5. CTS protocol surveys will not be required.
6. CDFW will not take jurisdiction over the roadside ditches.
7. Mitigation will be provided through purchase of credits at a Mitigation bank.
8. Field investigations will not result in any new impacts not previously identified in the UDSP EIR or
General Plan EIR.
9. Geoprobe investigation for cultural resources will not be necessary.
10. Tribal consultation will be performed by the City
11. Filing fees will be paid for by the City.
Task 6. Preliminary Design / BOD Report
Water Main Tech Memo
Consultant will prepare a technical memorandum to review, evaluate, and summarize the design elements
for the water main project. Project elements such as diameter, material type, location, and other
considerations. Findings from technical memorandum will provide basis of design for the water main
within Keiser Avenue.
BOD Report / 35% Plans, Quantities, and Estimate
Consultant will prepare an alternatives analysis for up to three roundabout concepts and alignments.
Based upon collective feedback from the team and City, a preferred alternative will be selected for further
development. It is anticipated that the concepts will include at least one version with a roundabout at the
entrance to the middle school. GHD will provide a conceptual layout based on the preferred alternative,
including enhancement measures such as illuminations, signing, and striping. The concept will establish
horizontal control and geometric elements including curb and sidewalk geometry, lane widths,
channelization, lane transitions, pavement markings, and conform conditions including typical sections
and dimensions for each leg, the roundabout circulatory roadway, and center island. Initial horizontal
alignments will be provided for wet and dry utilities throughout the project limits, including preliminary
points of connection and discharge.
For the roundabout, exhibits will be prepared showing the fast paths, decision sight distances, approach
view angles, bus and truck turns through the roundabout.
Based upon feedback on the Concept Plan, GHD will prepare a Basis of Design (BOD) Report that
incorporates the results of the topographical and permitting surveys, the geotechnical report and all
preliminary utility sizing analysis. The purpose of this task is to review available documents for the
assessment and design of utilities within the project limits. It is understood that the initial program is to
replace utilities in conflict, if needed, and extend/install water, sewer and storm drain. This task
will seek to determine the appropriate utilities are installed that may need replacement within the
project service life or near term.
Consultant will review the various documents listed and other pertinent planning documents provided by
the City during the project. Review of reference documents, together with the analysis described below –
will provide a basis for conclusions.
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The following list includes documents that are anticipated for use/reference:
• FEMA-updated Flood Insurance Rate Map (FIRM) for the 100-year floodplain
• City GIS / Utility Inventory Mapping
• City Utility System Master Plans
• Pending/ongoing development plans (ie. Affordable Housing, Brookfield, etc.)
• City General Plan and PFFP
• City of Rohnert Park Design and Construction Standards; and
• Sonoma County Storm Water Low Impact Development Technical Manual
From the findings of the research above and direction from the City, Consultant would review potential
utility replacements within the study area that are undersized based on previous analysis, performance, or
not meeting City minimum standard diameters, will be replaced within the project limits. Similarly, utilities
that are beyond their design life (over 50 years of service assumed) or are made from materials that are
no longer installed (i.e. ACP) will be considered for replacement. As such, a condition assessment is not
proposed on those utilities. An optional condition assessment of existing utility infrastructure within the
project area could be performed. Note: Utility system assessment of existing utilities located outside of the
study area based on the review of existing documents alone may not capture system deficiencies that are
solely based on corroded, structurally-deficient, or otherwise damaged portions of the utility.
As an option, Consultant could conduct a condition assessment of the remaining existing sewer, water
and storm drain utilities inside the project area. Assessment would include CCTV inspection for sewer and
storm drain gravity lines. Limited potholing and feedback from the City’s utility staff is proposed for
baseline condition assessment for the water system.
As an option, hydraulic analysis for each utility will be performed as applicable and if desired by the City.
The primary assumption for each utility is that Masterplans will be used for sizing of the utilities to be
replaced. If performed, the following outlines the basic approach for hydraulic analysis for each utility.
Note: The analysis may not necessitate hydraulic modeling, but rather, review and refinement of previous
recommendations within the study area.
General Plan build out scenario will be used as an assumption for modeling. Modeling will be limited to
those that affect the pipes in the project area. Flow monitoring will be performed to establish the base flow
and the impacts of I&I on peak flows through the project area.
GHD will provide the traffic analysis regarding the effectiveness of the revised mitigation measures in
mitigating Impact TRA-4 of the UDSP EIR to less than significant. The traffic analysis will utilize the traffic
volumes developed as part of the University District Specific Plan EIR and supplement with any other
recent data available. The study will quantify the LOS, delay and queueing for the traffic signal (mitigation
as noted in the EIR) to a roundabout alternative. The traffic analysis will support the development of
roundabout alternatives developed at preliminary design level for the Basis of Design Report. Up to 3
alternatives are anticipated.
The Basis of Design Report will confirm the layout, right‐of‐way and permitting needs for the project as
well as the design structural section and any other details that impact project design and implementation.
The Basis of Design Report will include an updated project schedule and any recommendations the
consultant has on bid packaging or scheduling. It is anticipated that a separate package to construct the
wet utilities ahead of the full surface improvements will facilitate schedule goals and ensure a fire water
supply for the affordable apartment complex.
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Along with the BOD, the Consultant will prepare 35% plans to submit for review by the City. The plans will
be presented in 1”=20’ scale plots. The anticipated plan sheets for the 35% level submittal are shown
below. In summary, the plans will include concept level design of demolition, utilities, complete streets
surface improvements, traffic signals, signing and striping, and proposed landscaping and storm water
treatment locations. The project stationing line location will be established and will span the length of the
corridor. The stationing values will be placed so stationing increases from south to north and west to east.
The project requires the design of a road widening and redevelopment/reconstruction of the corridor. The
infrastructure is intended to improve traffic circulation, safety, and connectivity, while providing
undergrounding and comprehensive utility improvements.
Consultant will work closely with PG&E during concept design to review joint trench needs, design
preferences, and underground limits, for integration into the concept design.
It is anticipated that this project will need to comply with the storm water management requirements of the
Storm Water Low Impact Development Technical Design Manual developed by the City of Santa Rosa
and County of Sonoma, as related to the MS4 Permit.
After the 35% submittal, the submittal packages will be split into the Keiser Water Main Project and the
Keiser Road Reconstruction Project.
Consultant anticipates submitting the following plan sheets as part of the 35% submittal:
Sheet Description
• Title Sheet & General Notes
• Typical Sections
• Construction Details (call outs and partial plans)
• Layout Sheets (Demolition, Utility, Surface Improvements, Traffic Signing and Striping, Landscape
and LID locations, identify ROW needs, if any)
• Cross Sections
Consultant anticipates that the City staff will review the 35% contract documents and provide their
responses back to Consultant in 2 weeks.
Consultant will prepare plans using AutoCAD C3D 2016.
Traffic services will include evaluation of the auxiliary lanes to determine value of construction phasing or
initial implementation.
Conceptual (35%) plans will be prepared showing the striping layout for the entire length of the project,
including appropriate tapers, recommended locations for pedestrian crossings, and conformance with
existing striping. New signing will be indicated as appropriate for this level of design. The level of detail to
be included will be sufficient for decision-making and cost-estimating.
Consultant will identify quantities and prepare an associated 35% level probable construction cost.
Because some elements may not be fully identified at this stage, the estimate for this item will be
developed based on anticipated final facilities. Unit costs will be based on upon existing Consultant cost
data and information provided by the City for recent project bid results.
Deliverables
• Draft Basis of Design Report
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• 35% plan set, project quantities, and cost estimate (four hardcopy full size sets) and electronic
submittal (PDF)
• Final Basis of Design Report
• Collect comments and develop comment matrix
Services Provided by City
• Provide comments on BOD Reports and 35% PQ&E
• Recent City project bid results for similar work
Task 7. Water Main Design, Bid, and Construction
60% PS&E Submittal – Water Main
The major disciplines that will be involved in Consultant’s design efforts will be the civil, survey, hydraulic,
utility, traffic, and environmental groups. In the budget analysis for the reminder of design efforts, GHD
identified the following four tasks involving the disciplines noted above:
• Plan Preparation
• Specification Writing
• Quantity Calculation
• Cost Estimation
Consultant will prepare 60% PS&E that will reflect responses to the 35% plan set and also include various
refined/additional contract details. Consultant will also provide the City with a set of draft project special
provisions that will address issues such as materials specification, testing requirements, how each item
will be measured and paid for, etc. Consultant expects that the City will provide a City Special Provisions
standard boiler plate that also includes the front end portion of the specifications.
Consultant anticipates that the 60% plan set will include plan sheets such as Title Sheet, Typical Section,
Utility Plan and Profile, Construction Details, Layouts, Grading and Paving, and Civil Details. The plan and
profile drawings will include profiles of the proposed centerline. This submittal will also include Draft
Special Provisions and Engineer’s estimate. Consultant construction staff will perform a constructability
review prior to the submittal.
Consultant anticipates the following tentative plan sheets as part of the 60% submittal:
Sheet Description
G-001 Title Sheet
G-002 Sheet Index/Key Map
G-003 Notes, Abbrevations and Legend 2
G-004 Notes, Abbrevations and Legend 2
G-005 Survey Control Diagram
G-006 Pothole Schedule
G-007 Geotechnical Borings
G-008 Typical Sections
U-101 Utility Plan & Profile 1
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U-102 Utility Plan & Profile 2
U-103 Utility Plan & Profile 3
U-104 Utility Plan & Profile 4
U-105 Utility Plan & Profile 5
U-106 Utility Plan & Profile 6
U-107 Utility Plan & Profile 7
U-108 Water Connection Plan 1
U-109 Water Connection Plan 2
C-101 Keiser Ave Grading and Paving Plan 1
C-102 Keiser Ave Grading and Paving Plan 2
C-103 Keiser Ave Grading and Paving Plan 3
C-104 Keiser Ave Grading and Paving Plan 4
C-105 Keiser Ave Grading and Paving Plan 5
C-106 Keiser Ave Grading and Paving Plan 6
C-107 Keiser Ave Grading and Paving Plan 7
C-501 Civil Details 1
C-502 Civil Details 2
C-503 Civil Details 3
Consultant anticipates that the City staff will review the 60% contract documents and provide the
responses back to Consultant in 2 weeks.
Prepare 60% Plans
Consultant will prepare plans using AutoCAD C3D 2016.
Prepare 60% Special Provisions
Consultant will prepare the project specifications in City (“Caltrans-style”) format.
Prepare 60% level estimated probable construction cost
Consultant will prepare a 60% level estimated probable construction cost. For any elements that are not
fully developed at this stage, the estimate for those items will be “assigned” based on similar facilities.
Perform Constructability Review
Consultant will perform a constructability review utilizing in-house Construction Management staff
inspectors or engineers.
Deliverables
• 60% PS&E – Water Main (three full size hard copy sets)
Services Provided by City
• City will provide one comment package to Consultant.
• City will provide boilerplate specifications to use for “front end” and special provisions format in
electronic (Microsoft WORD) format.
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• City will provide example project technical specifications from a previous project for reference and
format
90% PS&E Submittal – Water Main
The major disciplines that will be involved in Consultant’s design efforts will be the civil, survey, hydraulic,
utility, traffic, and environmental groups. In the budget analysis for the reminder of design efforts, GHD
identified the following four tasks involving the disciplines noted above:
• Plan Preparation
• Specification Writing
• Quantity Calculation
• Cost Estimation
Consultant will prepare 90% PS&E that will reflect responses to the 60% plan set and also include various
refined/additional contract details. Consultant will also provide the City with a set of draft project special
provisions that will address issues such as materials specification, testing requirements, how each item
will be measured and paid for, etc. Consultant expects that the City will provide a City Special Provisions
standard boiler plate that also includes the front end portion of the specifications.
Consultant anticipates that the 90% plan set will include plan sheets such as Title Sheet, Typical Section,
Utility Plan and Profile, Construction Details, Layouts, Grading and Paving, and Civil Details. The plan and
profile drawings will include profiles of the proposed centerline. This submittal will also include Draft
Special Provisions and Engineer’s estimate. Consultant construction staff will perform a constructability
review prior to the submittal.
Consultant anticipates the following tentative plan sheets as part of the 90% submittal:
Sheet Description
G-001 Title Sheet
G-002 Sheet Index/Key Map
G-003 Notes, Abbrevations and Legend 2
G-004 Notes, Abbrevations and Legend 2
G-005 Survey Control Diagram
G-006 Pothole Schedule
G-007 Geotechnical Borings
G-008 Typical Sections
U-101 Utility Plan & Profile 1
U-102 Utility Plan & Profile 2
U-103 Utility Plan & Profile 3
U-104 Utility Plan & Profile 4
U-105 Utility Plan & Profile 5
U-106 Utility Plan & Profile 6
U-107 Utility Plan & Profile 7
U-108 Water Connection Plan 1
U-109 Water Connection Plan 2
C-101 Keiser Ave Grading and Paving Plan 1
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C-102 Keiser Ave Grading and Paving Plan 2
C-103 Keiser Ave Grading and Paving Plan 3
C-104 Keiser Ave Grading and Paving Plan 4
C-105 Keiser Ave Grading and Paving Plan 5
C-106 Keiser Ave Grading and Paving Plan 6
C-107 Keiser Ave Grading and Paving Plan 7
C-501 Civil Details 1
C-502 Civil Details 2
C-503 Civil Details 3
Consultant anticipates that the City staff will review the 90% contract documents and provide the
responses back to Consultant in 2 weeks.
Prepare 90% Plans
Consultant will prepare plans using AutoCAD C3D 2016.
Prepare 90% Special Provisions
Consultant will prepare the project specifications in City (“Caltrans-style”) format.
Prepare 90% level estimated probable construction cost
Consultant will prepare a 90% level estimated probable construction cost. For any elements that are not
fully developed at this stage, the estimate for those items will be “assigned” based on similar facilities.
Perform Constructability Review
Consultant will perform a constructability review utilizing in-house Construction Management staff
inspectors or engineers.
Deliverables
• 90% PS&E – Water Main (three full size hard copy sets)
Services Provided by City
• City will provide one comment package to Consultant.
• City will provide boilerplate specifications to use for “front end” and special provisions format in
electronic (Microsoft WORD) format.
• City will provide example project technical specifications from a previous project for reference and
format
Final Submittal – Water Main
The major disciplines that will be involved in Consultant’s design efforts will be the civil, survey, hydraulic,
utility, traffic, and environmental groups. In the budget analysis for the reminder of design efforts, GHD
identified the following four tasks involving the disciplines noted above:
• Plan Preparation
• Specification Writing
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Keiser Avenue Reconstruction Project
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• Quantity Calculation
• Cost Estimation
Consultant will prepare Final PS&E that will reflect responses to the 90% plan set and also include various
refined/additional contract details. Consultant will also provide the City with a set of draft project special
provisions that will address issues such as materials specification, testing requirements, how each item
will be measured and paid for, etc. Consultant expects that the City will provide a City Special Provisions
standard boiler plate that also includes the front end portion of the specifications.
Consultant anticipates that the Final plan set will include plan sheets such as Title Sheet, Typical Section,
Utility Plan and Profile, Construction Details, Layouts, Grading and Paving, and Civil Details. The plan and
profile drawings will include profiles of the proposed centerline. This submittal will also include Draft
Special Provisions and Engineer’s estimate. Consultant construction staff will perform a constructability
review prior to the submittal.
Consultant anticipates the following tentative plan sheets as part of the Final submittal:
Sheet Description – see 90% submittal scope above
Prepare Final Plans
Consultant will prepare plans using AutoCAD C3D 2016.
Prepare Final Special Provisions
Consultant will prepare the project specifications in City (“Caltrans-style”) format.
Prepare final level estimated probable construction cost
Consultant will prepare a final level estimated probable construction cost. For any elements that are not
fully developed at this stage, the estimate for those items will be “assigned” based on similar facilities.
Perform Constructability Review
Consultant will perform a constructability review utilizing in-house Construction Management staff
inspectors or engineers.
Deliverables
• Final PS&E – Water Main (three full size hard copy sets)
• RE Folder
Services Provided by City
• City will provide one comment package to Consultant.
• City will provide boilerplate specifications to use for “front end” and special provisions format in
electronic (Microsoft WORD) format.
• City will provide example project technical specifications from a previous project for reference and
format
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Water Main Project Ad/Bid Phase
Consultant will provide design and project coordination support during project advertisement by answering
contractor inquiries and preparing any addendums that may be required.
Attend Pre-Bid meeting
Consultant will attend a prebid meeting if requested by City.
Respond to Technical Inquiries during Bidding
Consultant will review and respond to technical questions forwarded from the City during bid phase.
Prepare Addenda
Consultant will prepare and keep records of necessary addendum and modifications for City issuance.
For purpose of the Fee Estimate, it is estimated that one (1) addendum will be prepared.
Deliverables
• Responses to RFIs
• Addenda
• Questions from bidders will be directed to GHD
Services Provided by City
• Pay for reproduction of Contract Documents for Plan Holders during bid phase
• Sample addendum format will be provided to Consultant
• Participate in advertisement and bid opening
• Attend pre-bid meeting, if any
Water Main Project Construction Support
Consultant will address submittal and shop drawing reviews, and respond to RFIs. Consultant will
prepare technical bulletins during construction to supplement the plan information if needed. This task will
be to coordinate and manage RFI evaluation and response process for those RFIs that are handled by
Consultant including: log, transmit to design engineer for response, coordinate with design engineer on
field status, track progress, review response, and transmit response to City Resident Engineer. For
purposes of the Fee Estimate, it is estimated that the following deliverables will be included.
Deliverables
• Attend pre-construction meeting
• Review submittals and shop drawings (5)
• Respond to RFIs (10)
• Technical Bulletins (1)
• Assistance with Construction Contract Change Orders (1)
• RFI log (optional)
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Task 8. Right of Way Support
Identify Right of Way Needs
Consultant will confirm the right-of-way needs through development of the project plans and associated
perimeter improvements. Consultant is expected to coordinate closely with the City Consultant, including
development of plats and legals (separate task), for completion of right-of-way acquisition and easement
procurement.
ROW Appraisal and Acquisition Support
Consultant will coordinate with and manage the City right of way consultant to help maintain the right of
way appraisal and acquisition schedule. This proposal assumes that preparation of eight right of way
acquisitions (i.e. partial acquisitions) and eight temporary construction easements will be needed.
It is anticipated that appraisals will be completed in accordance with California Eminent Domain Law,
California Government Code Section 7260 et seq., and the Uniform Standards of Professional Appraisal
Practice (USPAP). The definition of “Fair Market Value” of the appraised property will be per the California
Code of Civil Procedure, Section 1263.320. It is assumed no significant severance damages will need to
be analyzed in the appraisal process. For purposes of schedule and scoping, it is understood that
condemnation will not be required for acquisition of any property for the project.
Identify PG&E Easement Needs
Consultant will confirm the easement needs for PG&E (O/H and or utility undergrounding) through
development of the project plans and associated perimeter improvements. Consultant is expected to
coordinate closely with the City Consultant, including development of plats and legals (separate task), for
completion of right-of-way acquisition and easement procurement.
Task 9. O/H Utility Relocation and Undergrounding/Rule 20B
Coordination
It is assumed that the existing overhead utilities on the south side of Keiser Avenue can be relocated to
the north as overhead utilities (i.e. no undergrounding). The following scope of services confirms this
assumption and focuses on prioritization of utility provider coordination to best ensure that the Water Main
and Keiser Avenue projects are delivered on schedule. Task 9.2 works closely with the preliminary design
of the roundabout and utility providers to determine the undergrounding needs along Snyder Lane and
Keiser Avenue for the future configuration, planned for 2021 construction.
O/H Utility Relocation
Consultant will coordinate with PG&E and related utility providers to relocate the existing overhead utilities
located on the south side of Keiser Avenue from Snyder to approximately future Kerry Road location.
These overhead lines bring electricity, telephone, and cable/communications from Snyder Lane to the few
residents located on the north side of Keiser Lane.
Utility Undergrounding Coordination
Keiser Avenue and Snyder Lane (at roundabout transition) will involve the underground relocation of
existing overhead utility lines (at a minimum at the roundabout) which include electrical distribution lines,
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Keiser Avenue Reconstruction Project
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telephone, data, and cable TV for joint utilities under Rule 20B. In preparation for this pending effort (i.e.
for roundabout and Snyder Lane Widening Phase 2 completion) coordination of undergrounding with
PG&E is programmed in this task. It is understood that funding for this process will be through private
funds, not PG&E (i.e. not Rule 20A). Since undergrounding is a long lead item, this will be an early
coordination item, though it is understood to be a lower priority task than completion of the Water Main
and Keiser Avenue Construction Projects (“Project”).
Consultant will coordinate and utilize information and contacts established during preliminary design to
assist PG&E with the information needed in the preparation of coordinated JT plans for utility
undergrounding. Steps anticipated by PG&E during this phase that may require input, plan information,
and coordination include the following:
• Intent Process with the utilities and other potential joint trench occupants
• Obtain design requirements and material/construction specifications from the confirmed joint
trench occupants and other coordination with confirmed joint trench occupants as needed
• Define the size and quantity of conduits each utility company desires
• Define preferred position of utility undergrounding trench
• Define typical section of the utility undergrounding trench
• Establish priority for vault position along the joint trench
• Define specific service delivery points
• Determine if gas distribution will be relocated to joint trench/involved
• Coordinate development of the utility composite drawings
• Establish preliminary estimate of probable construction cost
• Establish the schedule for utility companies to commit to funding and approve their portion of the
facilities
• Develop plan for temporary utility services
• Develop strategies for construction staging
• Develop strategy for cutover of individual services
• Assist with establishment of the JT cost sharing formula to be used in this project and gain
agreement with the confirmed joint trench occupants
• Monitor the design and cost estimating processes and assist in preparation of the “Form B” of joint
trench cost allocation to the confirmed joint trench occupants
• Prepare, distribute and receive authorization forms to construct from confirmed joint trench
occupants
• Attend Monthly Meetings (12) – Project Manager
Task 10. Keiser Avenue Design
60% PS&E Submittal – Keiser Avenue Reconstruction
The major disciplines that will be involved in Consultant’s design efforts will be the civil, survey, hydraulic,
utility, electrical, traffic, and environmental groups. In the budget analysis for the reminder of design
efforts, Consultant identified the following four tasks involving the disciplines noted above:
• Plan Preparation
• Specification Writing
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• Quantity Calculation
• Cost Estimation
Consultant will prepare 90% PS&E that will reflect responses to the 60% plan set and also include various
refined/additional contract details. Consultant will also provide the City with a set of draft project special
provisions that will address issues such as materials specification, testing requirements, how each item
will be measured and paid for, etc. Consultant expects that the City will provide a City Special Provisions
standard boiler plate that also includes the front end portion of the specifications.
Consultant staff will perform a site visit and note any existing drainage patterns along the length of the
project segment. Consultant shall seek to collect surface runoff and convey it to existing drainage systems
and/or newly constructed LID compliant facilities.
This project will need to comply with the storm water management requirements of the LID Guidelines. To
meet the LID Guidelines, Consultant will:
• Evaluate the impacts of the project footprint; quantifying the area, the slopes, and the changed
land cover.
• Prepare a Storm Water Pollution Prevention Plan; draft and final plans will be prepared and
submitted to the City for review and approval.
Consultant anticipates that the 60% plan set will include plan sheets such as Title Sheet, Typical Section,
Construction Details, Layouts (showing additional R/W needs, profiles, grading, drainage including LID
facilities), Traffic Striping, Traffic Signs, Electrical/Lighting, Landscape Plans, Irrigation and Cross
Sections. The plan and profile drawings will include profiles of the proposed centerline, median and curb
profiles. This submittal will also include Draft Special Provisions and Engineer’s estimate. Consultant
construction staff will perform a constructability review prior to the submittal.
Consultant anticipates the following tentative plan sheets (at partial completion) as part of the 60%
submittal:
Sheet Description
G-001 Title Sheet
G-002 Sheet Index/Key Map
G-003 Notes, Abbreviations and Legend 2
G-004 Notes, Abbreviations and Legend 2
G-005 Survey Control Diagram
G-006 Pothole Schedule
G-007 Geotechnical Borings
G-008 Typical Sections
D-101/4 Keiser Ave Demolition Plan 1-4
D-105 Snyder Lane Demolition Plan 1
U-101/9 Utility Plan & Profile 1-9
C-101/7 Keiser Ave Improvement Plan & Profile 1-7
C-108/111 Snyder Lane Improvement Plan & Profile 1-4
C-201/7 Keiser Ave Grading and Paving Plan 1-7
C-208/211 Snyder Lane Improvement Grading and Paving Plan 1-4
C-301/4 Keiser Ave Cross Sections 1-4
C-305/7 Snyder Lane Sections 1-3
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C-401 Civil Grading Details 1
C-402 Civil Grading Details 2
C-403 Civil Grading Details 3
C-501/8 Civil Details 1-8
S-001 Structural Abbreviations, Notes
S-002 General Notes
S-101 Structural Plan
S-501 Structural Details
E-101/4 Keiser Ave Electrical Plan 1-4
E-105 Snyder Lane Electrical Plan 1
L-001 Landscape and Irrigation Notes
L-101/4 Keiser Ave Landscape Plan 1-4
L-105 Snyder Lane Landscape Plan 1
L-106/9 Keiser Ave Irrigation Plan 1-4
L-110 Snyder Lane Irrigation Plan 1
S-101/4 Keiser Ave Striping and Signing Plan 1-4
S-105 Snyder Lane Signing and Signing Plan 1
Consultant anticipates that the City staff will review the 60% contract documents and provide the
responses back to Consultant in 3 weeks.
Prepare 60% Plans
Consultant will prepare plans using AutoCAD C3D 2016.
Prepare 60% Special Provisions
Consultant will prepare the project specifications in City (“Caltrans-style”) format.
Prepare 60% level estimated probable construction cost
Consultant will prepare a 60% level estimated probable construction cost. For any elements that are not
fully developed at this stage, the estimate for those items will be “assigned” based on similar facilities.
Perform Constructability Review
Consultant will perform a constructability review utilizing in-house Construction Management staff
inspectors or engineers.
Deliverables
• 60% PS&E - Keiser Avenue Reconstruction (three full size hard copy sets)
Services Provided by City
• City will provide one comment package to Consultant.
• City will provide boilerplate specifications to use for “front end” and special provisions format in
electronic (Microsoft WORD) format.
• City will provide example project technical specifications from a previous project for reference and
format
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Keiser Avenue Reconstruction Project
Error! Unknown document property name.
90% PS&E Submittal- Keiser Avenue Reconstruction
The major disciplines that will be involved in Consultant’s design efforts will be the civil, survey, hydraulic,
utility, electrical, traffic, and environmental groups. In the budget analysis for the reminder of design
efforts, Consultant identified the following four tasks involving the disciplines noted above:
• Plan Preparation
• Specification Writing
• Quantity Calculation
• Cost Estimation
Consultant will prepare 90% PS&E that will reflect responses to the 60% plan set and also include various
refined/additional contract details. Consultant will also provide the City with a set of draft project special
provisions that will address issues such as materials specification, testing requirements, how each item
will be measured and paid for, etc. Consultant expects that the City will provide a City Special Provisions
standard boiler plate that also includes the front end portion of the specifications.
Consultant staff will perform a site visit and note any existing drainage patterns along the length of the
project segment. Consultant shall seek to collect surface runoff and convey it to existing drainage systems
and/or newly constructed LID compliant facilities.
This project will need to comply with the storm water management requirements of the LID Guidelines. To
meet the LID Guidelines, Consultant will:
• Evaluate the impacts of the project footprint; quantifying the area, the slopes, and the changed
land cover.
• Prepare a Storm Water Pollution Prevention Plan; draft and final plans will be prepared and
submitted to the City for review and approval.
Consultant anticipates that the 90% plan set will include plan sheets such as Title Sheet, Typical Section,
Construction Details, Layouts (showing additional R/W needs, profiles, grading, drainage including LID
facilities), Traffic Striping, Traffic Signs, Electrical/Lighting, Structural, Landscape Plans, Irrigation and
Cross Sections. The plan and profile drawings will include profiles of the proposed centerline, median and
curb profiles. This submittal will also include Draft Special Provisions and Engineer’s estimate. Consultant
construction staff will perform a constructability review prior to the submittal.
Consultant anticipates the following tentative plan sheets as part of the 90% submittal
Sheet Description
G-001 Title Sheet
G-002 Sheet Index/Key Map
G-003 Notes, Abbreviations and Legend 2
G-004 Notes, Abbreviations and Legend 2
G-005 Survey Control Diagram
G-006 Pothole Schedule
G-007 Geotechnical Borings
G-008 Typical Sections
D-101/4 Keiser Ave Demolition Plan 1-4
D-105 Snyder Lane Demolition Plan 1
U-101/9 Utility Plan & Profile 1-9
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Keiser Avenue Reconstruction Project
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C-101/7 Keiser Ave Improvement Plan & Profile 1-7
C-108/111 Snyder Lane Improvement Plan & Profile 1-4
C-201/7 Keiser Ave Grading and Paving Plan 1-7
C-208/211 Snyder Lane Improvement Grading and Paving Plan 1-4
C-301/4 Keiser Ave Cross Sections 1-4
C-305/7 Snyder Lane Sections 1-3
C-401 Civil Grading Details 1
C-402 Civil Grading Details 2
C-403 Civil Grading Details 3
C-501/8 Civil Details 1-8
S-001 Structural Abbreviations, Notes
S-002 General Notes
S-101 Structural Plan
S-501 Structural Details
E-101/4 Keiser Ave Electrical Plan 1-4
E-105 Snyder Lane Electrical Plan 1
L-001 Landscape and Irrigation Notes
L-101/4 Keiser Ave Landscape Plan 1-4
L-105 Snyder Lane Landscape Plan 1
L-106/9 Keiser Ave Irrigation Plan 1-4
L-110 Snyder Lane Irrigation Plan 1
S-101/4 Keiser Ave Striping and Signing Plan 1-4
S-105 Snyder Lane Signing and Signing Plan 1
Consultant anticipates that the City staff will review the 90% contract documents and provide the
responses back to Consultant in 3 weeks.
Prepare 90% Plans
Consultant will prepare plans using AutoCAD C3D 2016.
Prepare 90% Special Provisions
Consultant will prepare the project specifications in City (“Caltrans-style”) format.
Prepare 90% level estimated probable construction cost
Consultant will prepare a 90% level estimated probable construction cost. For any elements that are not
fully developed at this stage, the estimate for those items will be “assigned” based on similar facilities.
Perform Constructability Review
Consultant will perform a constructability review utilizing in-house Construction Management staff
inspectors or engineers.
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Keiser Avenue Reconstruction Project
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Deliverables
• 90% PS&E - Keiser Avenue Reconstruction (three full size hard copy sets)
Services Provided by City
• City will provide one comment package to Consultant.
• City will provide boilerplate specifications to use for “front end” and special provisions format in
electronic (Microsoft WORD) format.
• City will provide example project technical specifications from a previous project for reference and
format
Final PS&E Submittal- Keiser Avenue Reconstruction
The major disciplines that will be involved in Consultant’s design efforts will be the civil, survey, hydraulic,
utility, electrical, traffic, structural, and environmental groups. In the budget analysis for the reminder of
design efforts, Consultant identified the following four tasks involving the disciplines noted above:
• Plan Preparation
• Specification Writing
• Quantity Calculation
• Cost Estimation
Consultant will prepare Final PS&E that will reflect responses to the 90% plan set and also include various
refined/additional contract details. Consultant will also provide the City with a set of draft project special
provisions that will address issues such as materials specification, testing requirements, how each item
will be measured and paid for, etc. Consultant expects that the City will provide a City Special Provisions
standard boiler plate that also includes the front end portion of the specifications.
Consultant staff will perform a site visit and note any existing drainage patterns along the length of the
project segment. Consultant shall seek to collect surface runoff and convey it to existing drainage systems
and/or newly constructed LID compliant facilities.
This project will need to comply with the storm water management requirements of the LID Guidelines. To
meet the LID Guidelines, Consultant will:
• Evaluate the impacts of the project footprint; quantifying the area, the slopes, and the changed
land cover.
• Prepare a Storm Water Pollution Prevention Plan; draft and final plans will be prepared and
submitted to the City for review and approval.
Consultant anticipates that the final plan set will include plan sheets such as Title Sheet, Typical Section,
Construction Details, Layouts (showing additional R/W needs, profiles, grading, drainage including LID
facilities), Traffic Striping, Traffic Signs, Electrical/Lighting, Structural, Landscape Plans, Irrigation and
Cross Sections. The plan and profile drawings will include profiles of the proposed centerline, median and
curb profiles. This submittal will also include Draft Special Provisions and Engineer’s estimate. Consultant
construction staff will perform a constructability review prior to the submittal.
Consultant anticipates the following tentative plan sheets as part of the Final submittal:
Sheet Description – see 90% Submittal – Keiser Avenue above
29
Keiser Avenue Reconstruction Project
Error! Unknown document property name.
Prepare Final Plans
Consultant will prepare plans using AutoCAD C3D 2016.
Prepare Final Special Provisions
Consultant will prepare the project specifications in City (“Caltrans-style”) format.
Prepare Final level estimated probable construction cost
Consultant will prepare a Final level estimated probable construction cost. For any elements that are not
fully developed at this stage, the estimate for those items will be “assigned” based on similar facilities.
Perform Constructability Review
Consultant will perform a constructability review utilizing in-house Construction Management staff
inspectors or engineers.
Deliverables
• Final PS&E - Keiser Avenue Reconstruction (three full size hard copy sets)
• RE Folder
Services Provided by City
• City will provide one comment package to Consultant.
• City will provide boilerplate specifications to use for “front end” and special provisions format in
electronic (Microsoft WORD) format.
• City will provide example project technical specifications from a previous project for reference and
format
Task 11. Construction Advertisement (Bid Phase)
Keiser Avenue Project Ad/Bid Phase
Consultant will provide design and project coordination support during project advertisement by answering
contractor inquiries and preparing any addendums that may be required.
Attend Pre-Bid meeting
Consultant will attend a prebid meeting if requested by City.
Respond to Technical Inquiries during Bidding
Consultant will review and respond to technical questions forwarded from the City during bid phase.
Prepare Addenda
Consultant will prepare and keep records of necessary addendum and modifications for City issuance.
For purpose of the Fee Estimate, it is estimated that two (2) addenda will be prepared.
Deliverables
• Responses to RFIs
30
Keiser Avenue Reconstruction Project
Error! Unknown document property name.
• Addenda
• Questions from bidders will be directed to GHD
Services Provided by City
• Pay for reproduction of Contract Documents for Plan Holders during bid phase
• Sample addendum format will be provided to Consultant
• Participate in advertisement and bid opening.
• Attend pre-bid meeting, if any.
Task 12. Construction Phase Support
Keiser Avenue Project Construction Support
Consultant will address submittal and shop drawing reviews, and respond to RFIs. Consultant will
prepare technical bulletins during construction to supplement the plan information if needed. This task will
be to coordinate and manage RFI evaluation and response process for those RFIs that are handled by
Consultant including: log, transmit to design engineer for response, coordinate with design engineer on
field status, track progress, review response, and transmit response to City Resident Engineer. For
purposes of the Fee Estimate, it is estimated that the following deliverables will be included.
Deliverables
• Attend pre-construction meeting
• Review submittals and shop drawings (15)
• Respond to RFIs (50)
• Technical Bulletins (3)
• Assistance with Construction Contract Change Orders (5)
• RFI log (optional)
Construction Management/Inspection (Optional)
Project:Prepared for:City of Rohnert Park
Prepared by:William Silva Date:
NAME > Wargula Collins Silva Grupico Varies Vedula Varies Boyle Varies Winkel Varies Sullivan Varies Gaspar Nadolski Rais Batzel Vossler Jennings Penn Burns Winter Varies Varies Overton
FULLY BURDENED RATE > 185 210 220 180 130 210 155 210 145 195 155 160 135 160 145 120 90 170 190 170 175 195 115 145 130 115
/Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr
CPI Subtronic Quadriga MPEG MTJ
Rdbt
WRA ASC
TASK 1 PROJECT MANAGEMENT AND QA/QC
1.1 Project Management and Internal Coordination 8 180 24 12 40 264 $1,584 $0 $54,104 $54,104
1.2 Project Schedule 20 20 $120 $0 $4,520 $4,520
1.3 Agency Coordination 40 8 48 $288 $0 $10,528 $10,528
1.4 Project Meetings 50 30 30 4 4 4 8 28 158 $948 $0 $30,288 $30,288
1.5 Progress Reporting/Invoicing 16 16 $96 $0 $3,616 $3,616
1.6 Quality Assurance/Quality Reporting 94 12 106 $636 $3,850 $3,850 $20,546 $24,396
102123066204204040004 0 0 000000 0 8068612$3,672 $0 $0 $0 $0 $3,850 $0 $0 $3,850 $123,602 $127,452
TASK 2 DATA COLLECTION AND REVIEW
2.1 Background Research 16 20 16 12 8 8 8 16 8 112 $672 $0 $20,792 $20,792
2.2 Site Visit (with City)4 4222 14 $84 $0 $2,914 $2,914
2.3 Utility Potholing 6 4 2 12 $72 $23,323 $23,323 $2,342 $25,665
2.4 Geotechnical Investigation 4 8 4 16 $96 $10,120 $10,120 $2,936 $13,056
003036418014010800816 0 800000 0 002154$924 $0 $23,323 $0 $10,120 $0 $0 $0 $33,443 $28,984 $62,427
TASK 3 TOPOGRAPHIC AND RIGHT OF WAY SURVEY
3.1 Topographic Survey 1 2 8 4 15 $90 $43,670 $43,670 $2,290 $45,960
3.2 Right of Way Survey 2 2 $12 $6,754 $6,754 $372 $7,126
3.3 Legal Decrptions and Plats 2 4 6 $36 $12,672 $12,672 $1,196 $13,868
00380000000000 0 0 000000 0 80423$138 $63,096 $0 $0 $0 $0 $0 $0 $63,096 $3,858 $66,954
TASK 4 COMMUNITY OUTREACH / PROJECT COMMUNICATION
4.1 Community Outreach and Communication 24 12 12 12 4 24 88 $528 $0 $16,108 $16,108
4.2 Community Outreach Program (Optional)0$0 $0 $0 $0
0024120120000000120 0 000000 0 424088$528 $0 $0 $0 $0 $0 $0 $0 $0 $16,108 $16,108
TASK 5 ENVIRONMENTAL DOCUMENTATION AND PERMITTING
5.1 CEQA Project Description - Roundabout 24 4 20 8 56 $336 $0 $7,476 $7,476
5.2 Resource Agency Permitting 170 40 50 50 28 8 346 $2,076 $9,020 $8,250 $17,270 $49,716 $66,986
000000000000019444507000000280016402$2,412 $0 $0 $0 $0 $0 $9,020 $8,250 $17,270 $57,192 $74,462
TASK 6 PRELIMINARY DESIGN / BOD REPORT
6.1 Water Main Tech Memo 8 8 8 16 12 8 4 64 $384 $0 $11,224 $11,224
6.2 BOD Report/35% Plans/Quanitites/Estimates 8 130 140 120 90 96 74 130 52 60 46 56 24 8 10 4 75 45 16 1184 $7,104 $8,602 $8,602 $207,529 $216,131
8 0 138 148 128 90 96 74 130 68 72 46 56 0 0 0 0 0 24 8 10 4 0 83 45 20 1248 $7,488 $0 $0 $8,602 $0 $0 $0 $0 $8,602 $218,753 $227,355
TASK 7 DESIGN
7.1 60% PS&E Submittal - Water 24 60 48 8 16 12 12 80 16 276 $1,656 $0 $46,076 $46,076
7.2 90% PS&E Submittal - Water 10 40 40 8 20 10 8 60 16 212 $1,272 $0 $34,532 $34,532
7.3 Final PS&E Submittal - Water 8 20 40 4 16 6 44 10 148 $888 $0 $23,378 $23,378
7.4 Water Line Project Ad/Bid Phae 16 12 12 4 44 $264 $0 $7,964 $7,964
7.5 Water Line Project Construction Support 4 32 80 60 16 192 $1,152 $0 $32,972 $32,972
409021220000002052000 0 0 002800200184062872$5,232 $0 $0 $0 $0 $0 $0 $0 $0 $144,922 $144,922
TASK 8 RIGHT OF WAY SUPPORT
8.1 Identify Right of Way Needs 12 8 12 32 $192 $0 $5,832 $5,832
8.2 ROW Appraisal and Acquisition Support 36 12 20 8 76 $456 $0 $14,056 $14,056
8.3 Indentify PG&E Easement Needs 12 8 12 32 $192 $0 $5,832 $5,832
00602844000000000 0 0 000000 0 008140$840 0 0 0 0 0 0 0 $0 $25,720 $25,720
TASK 9 UTILITY UNDERGROUNDING COORDINATION
9.1 O/H Utility Relocation 60 20 20 8 108 $648 $0 $20,968 $20,968
9.2 Utility Undergrounding Coordination 80 40 40 8 168 $1,008 $0 $31,928 $31,928
001406060000000000 0 0 000000 0 0016276$1,656 $0 $0 $0 $0 $0 $0 $0 $0 $52,896 $52,896
TASK 10 FINAL DESIGN AND BID PHASE
10.1 60% PS&E Submittal - Keiser Ave Reconstruction 10 80 80 16 40 10 8 60 16 320 $1,920 $17,800 $17,800 $52,240 $70,040
10.2 90% PS&E Submittal - Keiser Ave Reconstruction 48 100 80 20 40 32 72 16 20 10 16 160 100 16 730 $4,380 $8,900 $8,900 $117,630 $126,530
10.3 Final PS&E Submittal - Keiser Ave Reconstruction 32 68 48 24 32 16 32 8 12 8 44 44 10 378 $2,268 $2,967 $2,967 $62,518 $65,485
0090248208000060112481040 0 0 00343218240264144421428 $8,568 $0 $0 $29,667 $0 $0 $0 $0 $29,667 $232,388 $262,055
TASK 11 CONSTRUCTION ADVERTISEMENT (Bid Phase)
11.1 Keiser Ave Reconstruction Ad/Bid Phase 28 18 18 4 68 $408 $0 $12,608 $12,608
00281818000000000 0 0 000000 0 00468$408 0 0 0 0 0 0 0 $0 $12,608 $12,608
TASK 12 CONSTRUCTION PHASE SUPPORT
12.1 Keiser Ave Reconstruction Construction Support 4 64 160 175 12 8 8 4 4 4 16 459 $2,754 $6,853 $6,853 $78,484 $85,337
12.2 Construction Management/Inspection (Optional)0$0 $0 $0 $0
40641601751200080008 0 0 000444 0 0016459$2,754 $0 $0 $6,853 $0 $0 $0 $0 $6,853 $78,484 $85,337
118 12 973 992 837 174 96 92 130 170 244 94 160 226 60 50 78 0 86 44 32 52 28 551 213 258 5,770 $34,620 $63,096 $23,323 $45,122 $10,120 $3,850 $9,020 $8,250 $162,781 $995,515 $1,158,296
% of total (by value)1.9% 0.2% 18.5% 15.4% 9.4% 3.2% 1.3% 1.7% 1.6% 2.9% 3.3% 1.3% 1.9% 3.1% 0.8% 0.5% 0.6% 0.0% 1.4% 0.6% 0.5% 0.9% 0.3% 6.9% 2.4% 2.6%5.4% 2.0% 3.9% 0.9% 0.3% 0.8% 0.7% 14% 86% 100%
% of total (by GHD hours)2.0% 0.2% 16.9% 17.2% 14.5% 3.0% 1.7% 1.6% 2.3% 2.9% 4.2% 1.6% 2.8% 3.9% 1.0% 0.9% 1.4% 0.0% 1.5% 0.8% 0.6% 0.9% 0.5% 9.5% 3.7% 4.5%
Traffic
Sup-port
Round
about
Supp.
Eng Sup-
port
H&H
Lead
H&H
Sup-port
Con-
struct-
ability
Utilities
Sup-port
Env
Lead
Senior
Biologist Biologist
WORK HOURS AND COST ESTIMATE - FEE BY TASKS (NO SUB DETAIL)
Task
CLASSIFICATION >Proj.
QA/QC
Env
QAQC
PIC/
PM
Eng
Lead
Traffic
Lead
Rounda
bout
Lead
Utilies
Lead
HRS ODC
Survey
and
Mapping
Planner HazMat
Cost
Estimati
ng
Elec-
trical
Struc
Eng-
ineer
WP/
Graphics SUB
FEE PRIME FEE TOTAL FEE
SUBTOTAL TASK 1
SUBTOTAL TASK 2
Utility
Pot-
holing
Land-scape Geotech
Roundabout
QC
SUBTOTAL TASK 4
SUBTOTAL TASK 5
SUBTOTAL TASK 6
SUBTOTAL TASK 7
SUBTOTAL TASK 8
Cultural
Resources
Biological
Resources
Snr CAD CAD
Project
Coord-
inator
PROJECT TOTALS
July 10, 2017
Project Management and Design Services Keiser Avenue Reconstruction Project
SUBTOTAL TASK 9
SUBTOTAL TASK 10
SUBTOTAL TASK 11
SUBTOTAL TASK 12
SUBTOTAL TASK 3
ITEM NO. 6C3
1
A
Meeting Date: August 8, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Vanessa Marin Garrett, Civil Engineer
Agenda Title: Authorizing the City Manager to Execute the Grant of Two Easements to
Sonoma County Water Agency for the Purpose of Servicing the High
Pressure Water Transmission Line through Rohnert Park
RECOMMENDED ACTION: Approve a Resolution Authorizing the City Manager to Execute
the Grant of Two Easements to Sonoma County Water Agency (SCWA) for the Purpose of
Monitoring the High Pressure Water Transmission Line through Rohnert Park.
BACKGROUND: The City of Rohnert Park receives approximately sixty-percent of its water
supply from the Sonoma County Water Agency (SCWA), through a high pressure transmission
line that parallels the railroad right-of-way. SCWA has a twenty-five foot easement to the east of
the railroad right-of-way (ROW) for servicing the water transmission line. In the past, SCWA
was able to access their existing easement through driveways along Golf Course Drive, Rohnert
Park Expressway, and Southwest Blvd. The construction associated with the SMART train and
pathway has modified grades at each of these driveways, and SCWA can now no longer feasibly
access their water line at several locations due to the new grade separation. SCWA has requested
that the City provide it with an access easement through the northern portion of the Golf Course
to access a monitoring well, and also to grant an easement on a portion of City property near
Southwest Blvd for equipment serving SCWA’s transmission line. SCWA’s ability to access
their monitoring wells and transmission line is beneficial to the City because the transmission
line is a critical element of the City’s water supply.
SCWA is planning to construct cathodic protection monitoring wells along their pipeline in
several cities, including Rohnert Park. The soil, moisture, and general conditions along the
pipeline vary greatly which causes different levels of corrosion to occur. By installing these
wells, SCWA will be able to monitor and test the pipeline for corrosion, and ultimately ensure
integrity of the pipeline infrastructure. In Rohnert Park, SCWA is requesting an easement to
access a monitoring well near the north border of the golf course property. SCWA is also
requesting an easement near Southwest Blvd, where they intend to place a PG&E power drop
which will power one of their testing stations. The power distribution from the existing power
line will be bored underground along Southwest Blvd, to the power pedestal. The power line
from the pedestal to the equipment will be placed either underground or run along the existing
bridge at that location, ending at SCWA’s existing easemnet. Attachment 1 illustrates the
requested easement locations. SCWA is expecting to utilize the easements twice per year to
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. 6C3
2
access their monitoring wells and electrical panel. The easements may also be used for access to
their pipeline in order to perform maintenance and repair activities.
ANALYSIS: SCWA is requesting two easements as described below (Exhibit A to Resolution):
1. APN 143-360-046: The easement is for pedestrian and vehicular access through the
northerly portion of the golf course to SCWA’s existing twenty five foot easement, where
a monitoring well will be constructed. Staff from the City and SCWA have reviewed this
proposed route with golf course operator. The route follows and existing cart path and is
acceptable to the operator. The easement will formalize an informal access arrangement
that has been used since the construction of the Mountain Shadows Apartment complex
limited SCWA’s ability to access the transmission main directly from Golf Course Drive.
2. APN 143-480-010: The proposed easement on part of a small strip of property just north
of Southwest Blvd and east of the railroad tracks. SCWA is planning to construct a
PG&E power drop on the property to serve a monitoring well and is requesting
permanent access for installation, maintenance, and monitoring.
Staff has worked with SCWA to secure an appraisal of the two easements. The appraisal reports
indicates that the easements are worth a combined total of $2,750 and SCWA has agreed to pay
the appraised value to the City in exchange for the proposed easements.
The will receive more reliable water service as a result of SCWA’s cathodic protection project
and the City will be compensated for the value of the easements. Allowing SCWA’s use of the
easements will not adversely impact the City’s operations or the golf course operations. As noted
above, the proposed easement over the golf course, formalizes an existing access arrangement.
STRATEGIC PLAN ALIGNMENT: By providing SCWA with the right-of-way to serve their
facilities, the City is ensuring the effective delivery of public services and aligning with Goal C
of the Strategic Plan. This easement also helps continue to develop a vibrant community, part of
Goal D, in the same essence by providing the services needed.
OPTIONS CONSIDERED: Currently there are two options:
1. Provide SCWA with easements necessary to access their existing easement which
contains their transmission line monitoring equipment (Recommended Option). The City
benefits from its Sonoma County Water Agency supply and the proposed easements will
facilitate SCWA’s work. In addition, the City is receiving fair compensation from SCWA
for granting these easements, and they will be of minimal impact to City property.
2. Do not provide SCWA with the easements, and therefore prohibit access to their
transmission main and monitoring wells. This option is not recommended, as it inhibits
SCWA from maintaining their transmission line using the latest technology, which also
monitors extremely important services to Rohnert Park and other water contractors.
FISCAL IMPACT/FUNDING SOURCE: The proposed action has a fiscal benefit of
$2,750.00, which is the fair market value of the easements across public property.
Department Head Approval Date: 07/24/2017
City Attorney Approval Date: 07/19/2017
Finance Director Approval Date: 07/25/2017
City Manager Approval Date: 07/31/2017
ITEM NO. 6C3
3
Attachments (list in packet assembly order):
1. Proposed Easement Locations
2. Resolution Authorizing the City Manager to Execute the Grant of Two Easements to
Sonoma County Water Agency for the Purpose of Servicing the High Pressure
Transmission Line through Rohnert Park
3. Resolution Exhibit A – Easement Agreements
1
RESOLUTION NO. 2017-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE GRANT OF TWO EASEMENTS TO SONOMA COUNTY WATER
AGENCY FOR THE PURPOSE OF SERVING THE HIGH PRESSURE
TRANSMISSION LINE THROUGH ROHNERT PARK
WHEREAS, the Sonoma County Water Agency (SCWA) provides water to a number of
cities and water districts, including the City of Rohnert Park, through its water transmission
system; and
WHEREAS, SCWA’s operation and maintenance of its transmission system is critical to
the delivery of a reliable water supply to residents and business in the City; and
WHEREAS, SCWA is planning to construct monitoring wells along its transmission
main easement, located within City property in some areas, in order to monitor for pipeline
performance and leaks, and two of these wells utilize portions of City property for access and
infrastructure; and
WHEREAS, SCWA was historically able to access its high pressure transmission line in
Rohnert Park through driveways that are now inaccessible due to improvements to the railroad
and adjacent pathway; and
WHEREAS, the City-owned Golf Course (Assessor’s Parcel Number (APN) 143-360-
046) provides an alternative route for SCWA to access the existing SCWA transmission main
easement; and
WHEREAS, the City-owned landscape strip north of Southwest Boulevard (APN 143-
480-010) is also a practical location for electrical equipment that services one of the monitoring
wells; and
WHEREAS, SCWA has requested permanent access and equipment location easements
across the subject properties; and
WHEREAS, the City is willing to grant the easements in consideration of the benefit of
having the transmission line that serves Rohnert Park and other agencies monitored and serviced,
and for a fair market value of $2,750;
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 SCWA for the purpose of
accessing and servicing its transmission main, monitoring wells, and locating equipment to
support the monitoring of the wells with the following conditions:
1. New power service lines must not be run overhead and must not be visible to the
public
2. As required, significant above ground improvements, such as equipment, must be
reviewed by the planning department prior issuing permits for the project
( 2 )
2017-100
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate the grant of the two easements by and on behalf of the City of
Rohnert Park, including execution and recordation, if necessary, in substantially similar form to
the easements and agreements 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 the Finance Director is hereby authorized to take
any and all actions necessary to record the transaction in accordance with generally accepted
accounting principles (GAAP).
DULY AND REGULARLY ADOPTED this 8th day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ BELFORTE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
\\rpc.local\plan\Data Files - City Council\2017\Staff Reports\08-08-17\SCWA easement requests\S04_Exhibit A2_Southwest Blvd Access
Easement.docx
Page 1 of 4
RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Sonoma County Water Agency
404 Aviation Boulevard
Santa Rosa, CA 95403
EASEMENT AND AGREEMENT
This Easement and Agreement (“Agreement”) is made by and between the Sonoma County
Water Agency, a body corporate and politic, organized and existing under and by virtue of the laws of
the State of California (hereinafter referred to as “Water Agency") and the City of Rohnert Park, a
political subdivision of the State of California (hereinafter referred to as "Grantor”).
RECITALS
WHEREAS, Grantor is the owner of certain real property in Sonoma County, California, more
particularly described as follows:
Real property described in that certain Grant Deed recorded on May 18, 1973 in Book
2763, beginning at Page 769, Official Records of the County of Sonoma, being a portion
of Lot C as shown and designated upon the Map of Colegio Vista Unit 3, filed on May 3,
1973, in Book 184, beginning at Page 47, Official Records of Sonoma County, and
identified by the Sonoma County Assessor’s Office as Assessor’s Parcel Numbers 143-
480-010 (hereafter referred to as the “Grantor’s Property”).
WHEREAS, Water Agency owns and operates a water transmission pipeline within an
existing easement in Sonoma County, California, more particularly described as follows:
Being that certain easement recorded on July 12, 1963 in Book 1973, beginning at Page
700, Official Records of Sonoma County, (hereafter referred to as the “Aqueduct
Easement”).
WHEREAS, Water Agency requires a permanent easement over Grantor’s Property
within that certain real property described in Exhibit “A” (hereafter “the Easement Area”),
attached hereto, and by this reference hereby made a part of this Easement Access Agreement,
for the purposes of construction, maintenance, operation, inspection, repair, alteration,
enlargement, and reconstruction of appurtenances needed in connection with one or more water
transmission pipelines located within the Water Agency’s Aqueduct Easement.
\\rpc.local\plan\Data Files - City Council\2017\Staff Reports\08-08-17\SCWA easement requests\S04_Exhibit A2_Southwest Blvd Access
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Page 2 of 4
NOW, THEREFORE, for good and valuable consideration and in consideration of the
mutual covenants, terms, conditions and restrictions contained herein, Grantor and Water
Agency covenant and agree as follows:
AGREEMENT
1. GRANT OF NON-EXCLUSIVE EASMENT: Grantor does hereby grant to the
Water Agency an easement for construction, maintenance, operation, inspection, repair,
alteration, enlargement, and reconstruction of appurtenances relating to one or more water
transmission pipelines, within the Easement Area. Grantor shall not be responsible for the cost of
recording this Agreement or any accompanying Deed.
2. FURTHER DESCRIPTION OF EASEMENT OVER GRANTOR’S PROPERTY:
The easement granted over the Easement Area is a perpetual easement and right-of-way for the
purposes described herein. The easement does not confer any responsibility or liability on the
Water Agency for any hazardous materials, hazardous substances, or hazardous waste, as those
terms are defined in any Federal, state or local law.
3. TERM AND COMPENSATION: The easement granted herein shall continue indefinitely.
Immediately upon execution of this Agreement, the Water Agency shall issue and deliver payment in
the amount of five hundred dollars and zero cents ($500.00) to Grantor.
4. INDEMNIFICATION: Each party (the “Indemnifying Party”) agrees to accept all
responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and
release the other party (the “Indemnified Party”), its officers, agents and employees, from and against
any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or
entity, including either party, arising out of or caused by the negligence or willful misconduct of the
Indemnifying Party, except to the extent that such actions, claims, damages, disabilities or expenses
arise out of or are caused by the negligence or willful misconduct of the Indemnified Party. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for Grantor or its agents under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.
5. GRANTOR STATEMENT: Grantor represents that Grantor is not aware of any hazardous,
toxic or petroleum product substances or materials in, on or near the subject property.
6. IMMEDIATE ACCESS: Grantor hereby grants permission to Water Agency, acting through
its duly authorized agents, representatives, or contractors, to enter upon that portion of Grantor’s
property needed in order to undertake the inspection activities referred to herein. It is understood
that Grantor does not waive liability of Water Agency or Water Agency’s contractor for injury to
person or property arising out of negligence in conducting such activities.
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Page 3 of 4
7. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefit of
the parties hereto and their respective successors, heirs, assigns, and transferees, and all
covenants shall apply to and run with the land.
8. NOTIFICATION: In the event Grantor sells, conveys, or assigns any property interests
encumbered by this Agreement, Grantor shall notify the successor or assignee of the rights and
obligations of both parties as included herein.
9. SURVIVAL OF AGREEMENT: This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein shall survive the closing of this
transaction and the recordation of this easement agreement.
10. ENTIRE UNDERSTANDING: This writing is intended both as the final expression of the
Agreement between the parties hereto with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement, pursuant to California Code of Civil Procedure
§1856. No modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
11. SIGNATURES OF GRANTOR: Grantor represents and warrants that (a) Grantor is the sole
legal and lawful owner of the Property, (b) Grantor has the requisite authority to execute this
agreement on behalf of the interest they represent herein, and to grant the easement conveyed herein to
the Agency, and (c) no other party has any legal or equitable claim to or interest in the Property.
12. SUBORDINATION AGREEMENT: Grantor warrants that Grantor is the owner in fee
simple of the Property, and that on the date it executed this Agreement the Grantor’s Property was not
subject to any deeds of trust or other encumbrance.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
Grantor:
Executed by the City of Rohnert Park this ________ day of ________________________,
20_____:
By: ________________________________
Darrin Jenkins
City Manager
Sonoma County Water Agency:
Executed by the Sonoma County Water Agency this ________ day of _______________, 20____,
pursuant to authority granted by Agenda Item No. 1 dated March 21, 2017:
By:
Grant Davis
General Manager
Approved as to Form:
By: Date:
Deputy County Counsel
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of __________________ )
On _________________ before me, ________________________________________________, Date Here Insert Name and Title of the Officer
personally appeared _____________________________________________________________ Name(s) of Signer(s)
_____________________________________________________________________________,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature _________________________________ Place Notary Seal Above Signature of Notary Public
______________________________________________________________________________
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Easement and Agreement dated
_________________________, from the County of Sonoma, a political subdivision of the State of
California, to the Sonoma County Water Agency, a body corporate and politic, organized and existing
under and by virtue of the laws of the State of California, is hereby accepted pursuant to authority by
Resolution No. 10-0140a of the Board of Directors of the Sonoma County Water Agency on February
24, 2010
Sonoma County Water Agency
Dated:
Grant Davis
General Manager
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RECORDED AT NO FEE PER
GOVERNMENT CODE § 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Sonoma County Water Agency
404 Aviation Boulevard
Santa Rosa, CA 95403
ACCESS EASEMENT AND AGREEMENT
This Access Easement and Agreement (“Agreement”) is made by and between the Sonoma
County Water Agency, a body corporate and politic, organized and existing under and by virtue of the
laws of the State of California (hereinafter referred to as “Water Agency") and the City of Rohnert
Park, a municipal corporation (hereinafter referred to as "Grantor”).
RECITALS
WHEREAS, Grantor is the owner of certain real property in Sonoma County, California, more
particularly described as follows:
Being the lands of the City of Rohnert Park as described in that certain Quitclaim Deed,
recorded on September 7, 2001 as Document Number 2001122927, Official Records of
Sonoma County and identified by the Sonoma County Assessor’s Office as Assessor’s
Parcel Number 143-360-046 (hereafter referred to as the “Grantor’s Property”).
WHEREAS, Water Agency owns and operates a water transmission pipeline within an
existing easement in Sonoma County, California, more particularly described as follows:
Being those certain easements recorded on July 12, 1963 in Book 1973, beginning at
Page 703, and Book 1973, beginning at Page 706, Official Records of Sonoma County,
(hereafter referred to as the “Aqueduct Easement”).
WHEREAS, Water Agency requires a permanent easement over Grantor’s Property
within that certain real property described in Exhibit “A” (hereafter “the Easement Area”), for
ingress to and egress from the Water Agency’s Aqueduct Easement over and across roads and
lanes thereon, if such there be, otherwise by such roads or routes through Grantor’s Property as
shall occasion the least practicable damage and inconvenience to Grantor, for the purposes of
ingress to and egress from the Aqueduct Easement for the purpose of construction,
maintenance, operation, inspection, repair, alteration, enlargement, and reconstruction of one or
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more water transmission pipelines, and all necessary appurtenances thereto located within the
Aqueduct Easement.
NOW, THEREFORE, for good and valuable consideration and in consideration of the
mutual covenants, terms, conditions and restrictions contained herein, Grantor and Water
Agency covenant and agree as follows:
AGREEMENT
1. GRANT OF NON-EXCLUSIVE EASMENT: Grantor does hereby grant to the
Water Agency an easement for ingress and egress to the Aqueduct Easement for construction,
maintenance, operation, inspection, repair, alteration, enlargement, and reconstruction of one or
more water transmission pipelines, and all necessary appurtenances thereto within the Aqueduct
Easement. Grantor shall not be responsible for the cost of recording this Agreement or any
accompanying Deed.
2. FURTHER DESCRIPTION OF EASEMENT OVER GRANTOR’S PROPERTY:
The easement granted over the Easement Area is a perpetual easement and right-of-way for the
purposes described herein. The easement does not confer any responsibility or liability on the
Water Agency for any hazardous materials, hazardous substances, or hazardous waste, as those
terms are defined in any Federal, state or local law.
3. TERM AND COMPENSATION: The easement granted herein shall continue indefinitely.
Immediately upon execution of this Agreement, the Water Agency shall issue and deliver payment in
the amount of two thousand two hundred fifty dollars and zero cents ($2,250.00) to Grantor.
4. INDEMNIFICATION: Each party (the “Indemnifying Party”) agrees to accept all
responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and
release the other party (the “Indemnified Party”), its officers, agents and employees, from and against
any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or
entity, including either party, arising out of or caused by the negligence or willful misconduct of the
Indemnifying Party, except to the extent that such actions, claims, damages, disabilities or expenses
arise out of or are caused by the negligence or willful misconduct of the Indemnified Party. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for Grantor or its agents under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.
5. ACCESS NOTIFICATION: Grantee shall notify Grantor 48 hours prior to entering
Grantor’s property.
6. GRANTOR STATEMENT: Grantor represents that Grantor is not aware of any hazardous,
toxic or petroleum product substances or materials in, on or near the subject property.
7. IMMEDIATE ACCESS: Grantor hereby grants permission to Water Agency, acting through
its duly authorized agents, representatives, or contractors, to enter upon that portion of Grantor’s
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property needed in order to undertake the inspection activities referred to herein. It is understood
that Grantor does not waive liability of Water Agency or Water Agency’s contractor for injury to
person or property arising out of negligence in conducting such activities.
8. SUCCESSORS: This Agreement shall be binding on and shall inure to the benefit of
the parties hereto and their respective successors, heirs, assigns, and transferees, and all
covenants shall apply to and run with the land.
9. NOTIFICATION OF SUCCESSORS: In the event Grantor sells, conveys, or assigns any
property interests encumbered by this Agreement, Grantor shall notify the successor or assignee of the
rights and obligations of both parties as included herein.
10. SURVIVAL OF AGREEMENT: This Agreement, including all representations, warranties,
covenants, agreements, releases and other obligations contained herein shall survive the closing of this
transaction and the recordation of this easement agreement.
11. ENTIRE UNDERSTANDING: This writing is intended both as the final expression of the
Agreement between the parties hereto with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement, pursuant to California Code of Civil Procedure
§1856. No modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
12. SIGNATURES OF GRANTOR: Grantor represents and warrants that (a) Grantor is the sole
legal and lawful owner of the Property, (b) Grantor has the requisite authority to execute this
agreement on behalf of the interest they represent herein, and to grant the easement conveyed herein to
the Agency, and (c) no other party has any legal or equitable claim to or interest in the Property.
13. SUBORDINATION AGREEMENT: Grantor warrants that Grantor is the owner in fee
simple of the Property, and that on the date it executed this Agreement the Grantor’s Property was not
subject to any deeds of trust or other encumbrance.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
Grantor:
By: Date:
Darrin Jenkins
City Manager
Sonoma County Water Agency:
Executed by the Sonoma County Water Agency this ________ day of
________________________, 20_____, pursuant to authority granted by Agenda Item No. 1
dated March 21, 2017:
By:
Grant Davis
General Manager
Approved as to Form:
By: Date:
Deputy County Counsel
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Access Easement and Agreement
dated _________________________, from City of Rohnert Park, a municipal corporation to the
Sonoma County Water Agency, a body corporate and politic, organized and existing under and by virtue
of the laws of the State of California, is hereby accepted pursuant to authority by Resolution No. 10-
0140a of the Board of Directors of the Sonoma County Water Agency on February 24, 2010
Sonoma County Water Agency
Dated:
Grant Davis
General Manager
******************************************************************************
ITEM NO. 6C4
1
Meeting Date: August 8, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Mary Grace Pawson, Development Services Director
Agenda Title: Consideration of the Fifth Amendment to the Purchase and Sale Agreement
with Stadium RP Development Partners, LLC and Related Actions
RECOMMENDED ACTION: Approve a Resolution Approving a Fifth Amendment to the
Agreement for Purchase and Sale Between the City of Rohnert Park and Stadium RP
Development Partners, LLC and Related Actions.
BACKGROUND: In August, 2015 the City entered into a Purchase and Sale Agreement to sell
approximately 12.25 acres of City-owned property at 5870 Labath Avenue, known as the
Stadium Lands property. The City Council has approved four amendments to the initial
agreement that (1) extended the initial due diligence period for 30 days, (2) allowed the buyer to
construct up to 135 apartments on the property, (3) modified some terms and conditions to allow
the Developer to obtain financing for its proposed hotel and to clarify items around the
construction of an extension of Martin Avenue and (4) allowed the buyer to close on the portion
of the property for hotel development, prior to closing on the rest of the property.
The Developer has been working diligently to implement its project. It has received approval of
its Preliminary and Final Development Plan and Tentative and Final Maps as well as Site Plan
and Architectural Approval for its hotel and apartment projects. Site improvement plans are
under final review.
The Developer is currently working to complete the closing on the hotel site and staff anticipates
that this closing will have taken place before August 8, 2017. The purpose of the Fifth
Amendment is to provide the Developer with the option to purchase a single twenty day
extension to outside closing date for $10,000. This would extend the outside closing date to
August 31, 2017. The Developer would retain its rights to purchase two additional 6 month
extensions for $100,000 each, as outlined in the existing Purchase and Sale Agreement.
ANALYSIS: The Developer is working to complete the closing on the hotel site which will
include a $1,354,925 payment to the City for that property. The Developer is also working
diligently to close on the remaining site for a price of $5,795,075. Together these two closings
will yield the $7,150,000 outlined in the Purchase and Sale Agreement. The City is currently
holding $300,000 in good faith deposits which will be applied to the second closing (apartment,
retail and park site).
The Developer has requested a short extension of up to 20 days in order to complete the
financing necessary to finalize the second closing on the apartment and retail site. This type of
short extension is not contemplated by the Purchase and Sale Agreement. Because the requested
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. 6C4
2
extension is relatively short, staff and Developer have negotiated a reduced price of $10,000 for
this extension. As noted above, the Developer would retain its rights to purchase two additional 6
month extensions for $100,000 each, as outlined in the existing Purchase and Sale Agreement.
The City will retain the right to resell any unsold portion of the property, should the Developer
not close on the property as contemplated.
STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with the Strategic
Plan goal of achieving financial stability. While the proposed Fifth Amendment is largely a
courtesy to the Developer, the City will be compensated for the short time extension and will
receive the full contemplated purchase price a closing.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends approving the Fifth Amendment to the
Purchase and Sale Agreement because it will allow the sale of the property and associated
project to proceed, albeit slightly later than originally contemplated. The City will be
compensated for the extension.
2. Alternative: Staff also considered retaining the requirement for six month extensions
only. This option did not seem reasonable given that the City has achieved its prime
objective for the sale (securing the construction of a new hotel) and that the Developer is
requesting a very short extension, for which the City will be reasonably compensated.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is a $10,000 increase
in revenue to the City if the Developer chooses to utilize the proposed twenty day extension.
Department Head Approval Date: 07/31/2017
Finance Director Approval Date: NA
City Attorney Approval Date: 08/01/2017
City Manager Approval Date: 08/01/2017
Attachments (list in packet assembly order):
1. Resolution Approving a Fifth Amendment to the Agreement for Purchase and Sale
between the City of Rohnert Park and Stadium RP Development Partners, LLC and
Related Actions.
2. Fifth Amendment to Agreement for Purchase and Sale (Including Joint Escrow
Instructions) and Terms of Development
1
RESOLUTION NO. 2017-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A FIFTH AMMENDMENT TO THE AGREEMENT FOR PURCHASE
AND SALE BETWEEN THE CITY OF ROHNERT PARK AND STADIUM RP
DEVELOPMENT PARTNERS LLC AND RELATED ACTIONS
WHEREAS, on August 11, 2015, the City and 356 Advisors, Inc. and MJW Investments, LLC
(the " Initial Buyer Party"), entered into that certain Agreement for Purchase and Sale (Including
Joint Escrow Instructions) and Terms of Development (the "Original Agreement") with respect to
Buyer's purchase and development of that certain real property consisting of 12.25 acres and
located at Labath Avenue and Carlson Avenue in the City of Rohnert Park (the "Property"); and
WHEREAS, on November 2, 2015, City and the Initial Buyer Party entered into a First
Amendment to the Original Agreement to extend the due diligence period an additional 30 days
to allow the buyer time for further analysis; and
WHEREAS, on November 24, 2015, City and the Initial Buyer Party entered into a Second
Amendment to the Original Agreement, as amended, to set forth the terms and conditions of a
modified project that allows for residential development, including a revised Development
Agreement Term Sheet; and
WHEREAS, the Initial Buyer Party subsequently assigned its interests in the Original
Agreement, as amended, to MJW Investments, Inc., who subsequently assigned its interests in
the Agreement to Stadium RP Development Partners, LLC (the "Buyer"); and
WHEREAS, on November 22, 2016, the City and the Buyer entered into a Third Amendment to
the Original Agreement, as amended, to: remove the City' s right to repurchase the Property;
amend the description of the Property to add an additional 0.1 acres; amend Buyer' s condition to
close to require a grading permit, rather than a building permit, and a construction deed of trust;
and amend the Development Agreement Term Sheet to set forth the terms by which the Buyer
will construct the Martin Avenue improvements; and
WHEREAS, on January 10, 2017, the City Council approved a Planned Development, Tentative
Map and Development Agreement for the property that entitled a mixed use project including a
hotel, apartment complex, retail center and public park (the “Project”); and
WHEREAS, on January 24, 2017, the City and the Buyer entered into a Development
Agreement that formalized the Buyer’s rights and obligations that were initially outlined in the
Purchase and Sale Agreement; and
WHEREAS, on July 25, 2017, the City and the Buyer entered into a Fourth Amendment to
Original Agreement, as amended, to allow the property closing to take place in two phases with
transfer of the property associated with hotel portion of the Project occurring first; and
WHEREAS, the Buyer has been diligently pursing the development of the property including
securing various planning and engineering approvals necessary to subdivide the property and
construct its Project; and
( 2 )
2017-101
WHEREAS, Buyer and City now desire to amend the Agreement a fifth time in order to allow
the Buyer to purchase a single twenty day extension to the outside closing date, making the new
outside closing date August 31, 2017, for a payment of $10,000; and
WHEREAS, Buyer and City staff have negotiated the form of a Fifth Amendment to Purchase
and Sale Agreement (Including Joint Escrow Instructions) and Terms of Development, attached
hereto as Exhibit A (the "Fifth Amendment").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
that it does hereby find, determine, declare and resolve as follows:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Approval of the Fifth Amendment. The form of the Fifth Amendment included as
Exhibit A to this Resolution is approved subject to minor modifications approved by the City
Manager and City Attorney.
Section 3. Authority to Execute. The Mayor or his designee is hereby authorized and directed to
execute the Fifth Amendment, in substantially similar form to that attached as Exhibit A.
Section 4. Authority to Implement. The City Manager is hereby authorized and directed to take
all actions necessary to implement the intent of the Purchase and Sale Agreement and its
amendments including executing various documents associated with escrow and closing and
executing various assignments of the Development Agreement, in forms approved by the City
Attorney.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its
adoption.
DULY AND REGULARLY ADOPTED this 8th day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
OAK #4818-2482-1068 v1
FIFTH AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE
(INCLUDING JOINT ESCROW INSTRUCTIONS) AND
TERMS OF DEVELOPMENT
This Fifth Amendment to Agreement for Purchase and Sale (Including Joint Escrow
Instructions) and Terms of Development (“Fifth Amendment”), dated as of _______________,
2017 (“Effective Date”), is by and between the CITY OF ROHNERT PARK, a California
municipal corporation (“Seller” or “City”), and STADIUM RP DEVELOPMENT PARTNERS,
LLC, a California limited liability company (the “Buyer”).
R E C I T A L S
A. On August 11, 2015, Seller and Buyer’s predecessor-in-interest, 356 Advisors,
Inc. and MJW Investments, LLC (the “Initial Buyer Party”), entered into that certain
Agreement for Purchase and Sale (Including Joint Escrow Instructions) and Terms of
Development (the “Original Agreement”) with respect to Buyer’s purchase and development of
that certain real property consisting of 12.25 acres and located at Labath Avenue and Carlson
Avenue in the City of Rohnert Park (the “Property”). Terms not otherwise defined herein shall
have the meaning set forth in the Agreement, as defined in Recital F. below.
B. On November 2, 2015, City and the Initial Buyer Party entered into a First
Amendment to the Original Agreement to extend the Due Diligence Period an additional 30 days
to allow Buyer time for further analysis (the “First Amendment”).
C. On November 24, 2015, City and the Initial Buyer Party entered into a Second
Amendment to the Original Agreement, as amended, to set forth the terms and conditions of a
modified project that allows for residential development, including a revised Development
Agreement Term Sheet (the “Second Amendment”).
D. The Initial Buyer Party subsequently assigned its interests in the Agreement to
MJW Investments, Inc., who subsequently assigned its interests in the Agreement to Buyer.
E. On November 22, 2016, Buyer and City entered into a Third Amendment to the
Original Agreement, as amended, to: (1) remove the City’s right to repurchase the Property; (2)
amend the description of the Property to add an additional 0.1 acres; (3) amend Buyer’s
conditions to close to require a grading permit, rather than a building permit, and a construction
deed of trust; and (4) amend the Development Agreement Term Sheet to set forth the terms by
which the Buyer will construct the Martin Avenue improvements (the “Third Amendment”).
F. On July 25, 2017, Buyer and City entered into a Fourth Amendment to the
Original Agreement, as amended, to allow for a phased closing of the Property, with that portion
of the Property designated for a hotel development to close separately from that portion of the
Property designated for retail and residential development (the “Fourth Amendment”). The
Original Agreement, as modified by the First, Second, Third and Fourth Amendments, may be
referred to herein as the “Agreement.”
OAK #4818-2482-1068 v1
G. The City and Buyer desire to amend the Agreement a fifth time to allow Buyer to
extend the Outside Closing Date (as defined in the Agreement) for twenty days, or until August
31, 2017, for a payment of $10,000, in addition to the other two possible extensions.
H. The City Council of the City of Rohnert Park duly authorized the execution of this
Fifth Amendment by resolution adopted on August 8, 2017.
A G R E E M E N T
1. Section 6.2(b), regarding Closing, is hereby deleted in its entirety and replaced
with the following:
“(b) The Closing hereunder shall be held and delivery of all items to be
made at the Closing under the terms of this Agreement shall be made at the
offices of the Title Company on the date which is within ten calendar days of
completion of all conditions precedent to conveyance as set forth in Article II, but
in no event later than a date two years after the Effective Date, as my be extended
as provided herein (“Outside Closing Date”). Buyer may extend the Outside
Closing Date no more than three times as follows: (i) once for a period of twenty
days, which is until August 31, 2017, upon deposit of $10,000.00 submitted to
Title Company at least one business day prior to the Outside Closing Date; and
(ii) twice for a period of six months each upon deposit of $100,000.00 for each
extension submitted to Title Company at least ten business days prior to the
Outside Closing Date, as may have been extended (each of three payments
defined as an “Extension Payment”). The Extension Payment(s) shall constitute
a payment for the extensions and be nonrefundable to Buyer and shall not accrue
toward the Purchase Price.”
2. Except as hereby amended by this Fifth Amendment, the Agreement, as amended by the
First, Second, Third and Fourth Amendments, remains in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
OAK #4818-2482-1068 v1
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment as of
the Effective Date.
SELLER:
City of Rohnert Park
Dated: _______________, 2017 By:
Jake Mackenzie, Mayor
ATTEST:
By:
APPROVED AS TO FORM:
By:
Michelle Marchetta Kenyon, City Attorney
BUYER:
STADIUM RP DEVELOPMENT PARTNERS, LLC, a
California limited liability corporation
Dated: _______________, 2017 By:
Name: Matthew J. Waken
Its: Manager
ITEM NO. 6D1
1
Meeting Date: August 8, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, PE, Development Services Director
Prepared By: Zach Tusinger, Planner II
Agenda Title: Approving an Ordinance Amending the Municipal Code to Regulate Short
Term Rentals
RECOMMENDED ACTION: Waive second reading and approve an Ordinance to amend
Chapters 17.07.020 (Footnotes), 17.04.030 (Definitions), and 17.06.030 (Permitted Uses) of the
Rohnert Park Zoning Ordinance.
BACKGROUND and ANALYSIS: On January 24, 2017 staff presented the topic of Short
Term Rentals (STRs) to City Council as a discussion item. City Council directed staff to craft an
ordinance that allowed STRs under limited circumstances. The Council indicated the primary
goal of the regulatory program should be to provide a reasonable path for permitting while
maintaining neighborhood character and preserving the City’s housing supply.
The municipal code amendments will create a new definition for Short Term Rentals, add an
additional line for Short Term Rentals to the residential use table, and add a footnote ‘KK’ to
Section 17.07.020. Footnote KK will allow Short Term Rentals under certain conditions through
an Administrative Use Permit. Administrative Use Permits are reviewed by staff and notices go
out to immediately adjacent property owners. If members of the public wish to contest the
issuance of an Administrative Use Permit for an STR, the matter can be referred to the Planning
Commission at the discretion of the Planning Manager.
STRs will be subject to all of the following conditions as part of the Administrative Use Permit
process: 1) Only single room rentals would be permitted (no whole house rentals would be
permitted). 2) The STR could be rented for no more than 14 consecutive days. 3) A business
license shall be required. 4) The STR will be subject to the City’s Transient Occupancy Tax
(TOT) regulations. 5) No onsite signage would be allowed. 6) The business license number
would be required to be included in any advertisement. 7) Smoke and carbon monoxide detectors
would be required within the STR. 8) The owner would be required to provide rules and a copy
of this ordinance within the rented space.
After acquiring a city business license, an STR will be required to submit a monthly return to the
City with a payment for total applicable TOT and fees for the foregoing time period. The City
conducts occasional audits to ensure that returns are accurate. Such audits could require the
submission of records from the owner/operator to verify their reporting.
Requiring operators to maintain a city business license and comply with Transient Occupancy
Tax requirements will allow for an opportunity to monitor permitted STRs and put them on a
more level playing field with hotels and motels. Per direction from the City Council and
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. 6D1
2
Planning Commission, staff will keep records of permitted STRs and any complaints and will
report back periodically on STRs.
While the initial direction of the City Council was to include ADUs as an option for STRs, the
Planning Commission indicated that it believed the use of accessory dwelling units as short term
rentals was inconsistent with the goals of the ADU ordinance which include creating and
preserving housing. The Planning Commission also indicated that it believed allowing accessory
units, which can be up to 1200 square feet in size in some circumstances, to be used for short
term rentals could create problems similar to whole house rentals. The City Council subsequently
agreed with the Planning Commission’s recommendation and introduced an ordinance making
the proposed amendments on July 25, 2017. A summary of the ordinance has been published in
the Community Voice. Approval of the ordinance would codify the recommended changes to the
Zoning Ordinance. The proposed ordinance amends various sections of the Zoning Code to
regulate STRs.
ENVIRONMENTAL ANALYSIS: The proposed amendments are not subject to CEQA
pursuant to Section 13060(c) (2) (the activity will not result in a direct or reasonable foreseeable
indirect physical change to the environment) and 15060(c) (3) (the activity is not a project as
defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in a
physical change to the environment, directly or indirectly).
OPTIONS CONSIDERED: None. This action results from City Council direction.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D:
Continue to develop a vibrant community. The proposed amendments would be consistent with
the goals, policies and implementation measures contained in the General Plan, Land Use and
Housing Elements: The proposed regulations would retain the fundamental character and land
use mix in residential areas, while adapting existing structures to reflect changing economic
circumstances and housing needs. The proposed regulations would expand opportunities for
homeowners to stay in their existing housing, and will assist the City in meeting its regional
housing needs by preserving the existing housing stock for residential purposes.
FISCAL IMPACT/FUNDING SOURCE: This action results in the modest fiscal impact
associated with the staff time necessary to prepare the ordinance, modify the Zoning Code, and
update internal processes and procedures. Additional minor fiscal impact may be expected
through the collection of TOT and business license fees. Administrative Permits for STRs would
result in proportional minimal fiscal impacts in terms of collecting planning application fees.
Department Head Approval Date: July 26, 2017
Finance Director Approval Date: NA
City Attorney Approval Date: July 25, 2017
City Manager Approval Date: August 2, 2017
Attachments (list in packet assembly order):
1. An Ordinance of the City of Rohnert Park, California, Amending Title 17 of the
Rohnert Park Municipal Code to Regulate Short Term Rentals
ORDINANCE NO. 908
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE TO REGULATE SHORT
TERM RENTALS
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC2017-0002 proposing to amend the Rohnert Park Municipal Code (“RPMC”) by
amending Sections 17.04.030 – Definitions, 17.06.030 – Permitted Uses and Sections 17.07.020
– Footnotes;
WHEREAS, on January 24, 2017 the City Council directed City Staff to prepare an
ordinance allowing and regulating Short Term Rentals under certain circumstances;
WHEREAS, on May 25, 2017, the Planning Commission held a public hearing at which
time interested persons had an opportunity to testify either in support or opposition to the
proposal;
WHEREAS, pursuant to California State Law and the RPMC, a public notice was
published in the Press Democrat for a minimum of 10 days prior to the Planning Commission
public hearing;
WHEREAS, the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2017-0002 for the proposed amendments to Title
17 Zoning of the Municipal Code;
WHEREAS, on June 22, 2017, the Planning Commission recommended the proposed
changes to the City Council by Resolution No. 2017-15;
WHEREAS, pursuant to California State Law and the RPMC, a public notice was
published in the Community Voice for a minimum of 10 days prior to the City Council public
hearing;
WHEREAS, on July 25, 2017, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposal;
and
WHEREAS, the City Council has reviewed and considered the information contained in
the Zoning Ordinance amendment application for the proposal.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
Section 1. Recitals and Evidence. The above recitations are true and correct. In
making its findings, the City Council relied upon and hereby incorporates by reference all staff
reports, presentations, and other documentation presented to the Council in the meeting.
Section 2. Environmental Review. No CEQA analysis is required for this project
pursuant to CEQA pursuant to Section 13060(c)(2) and Section 15060(c)(3) as the activity will
not result in direct or reasonably foreseeable physical change to the environment, and the activity
is not a project because it has no potential for resulting in a physical change to the environment,
directly or indirectly.
Section 3. Findings for Enactment of Amendments to Zoning Map and Zoning
Ordinance. The City Council hereby makes the following findings concerning amendments to
Sections 17.07.020 – Footnotes, 17.04.030 – Definitions, and 17.06.030 – Permitted Uses, of the
Zoning Ordinance:
1. That the proposed amendments to the Zoning Map and Zoning Ordinance are
consistent with the General Plan 2020.
Criteria Satisfied. Criteria Satisfied. The proposed amendments to the Municipal
Code are consistent with the General Plan 2020 Goals of maintaining a compact
urban form, and providing a range of housing types and prices. Specifically, Goal
LU-A (compact urban form) is promoted by a more efficient utilization of land,
housing stock, and infrastructure through the use of existing housing for limited
transient occupancy. Goal CD-H (variety of housing types and sizes) is promoted by
restricting whole house rentals and resultantly maintaining neighborhoods. Goal HO-
3 (affordable housing) is encouraged by allowing residents to supplement their
income through single room rentals.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the RPMC will provide for the
health, safety and welfare of individuals living in Rohnert Park by preserving housing
options, while also expanding safe opportunities for residents to supplement their
incomes and generate revenue from their homes. This will help to insure that new
investment comes into neighborhoods and reduces the need to build new housing by
better utilizing existing housing stock. Regulations will ensure that Short Term
Rentals are safe for occupants and do not affect the health, safety, and welfare of
surrounding residents.
Section 4. Amendment of Section 17.04.030 to Add New Definition for Short Term
Rental. The City Council hereby adds the following definition to Section 17.04.030, of the
Rohnert Park Municipal Code:
“Short Term Rental” means a dwelling unit, part of a dwelling unit, or an accessory
dwelling unit, that is a type of transient lodging establishment engaged in providing overnight or
otherwise temporary lodging for a period of less than 30 days. Does not include “Bed and
Breakfast Inns”, “Boarding House”, “Hotel”, or “Motel”, each of which are separately defined.
Section 6. Amendment of Section 17.06.030. Permitted Uses. The City Council hereby
amends Section 17.06.030, Permitted Uses, of the Rohnert Park Municipal Code by adding
“Short Term Rentals” as a Land Use Category as shown herein:
Land Use Category R-R/R-E R-L R-M R-H DTR-H
[To be inserted alphabetically:]
Short Term Rental (single room)
(KK) A A A A A
[End Insertion]
Section 7. Amendment of Section 17.07.020. Footnotes. The City Council hereby
adds Subsection KK of Section 17.07.020, Footnotes, of the Rohnert Park Municipal Code, to be
inserted sequentially, with the following:
“(KK) SHORT TERM RENTAL
1. Short Term Rentals as described in § 17.04.030 (Definitions) are permitted by
Administrative Use Permit in all residential districts per § 17.06.030.
2. Permit required. No person shall establish, operate or maintain a Short Term Rental
without first obtaining a valid Administrative Use Permit (See RPMC § 17.25.050 et
seq.) for operation of a Short Term Rental.
3. Short Term Rentals are distinct from Bed and Breakfast Inns as described in §
17.07.020.D.
4. Short Term Rentals are prohibited in Accessory Dwelling Units and accessory structures.
5. Short Term Rentals shall be subject to the following conditions:
a. No more than one bedroom of a primary dwelling unit shall be rented, let, or
leased as a Short Term Rental.
b. The Short Term Rental shall be rented for no more than fourteen consecutive
days.
c. The owner/operator of an approved Short Term Rental shall be required to obtain
and maintain a city business license prior to operation of a Short Term Rental.
d. All applications for Short Term Rentals shall include the property owner’s
authorization.
e. Short Term Rentals are subject to the City’s transient occupancy tax. The person
in whose name the Administrative Use Permit (referenced in subsection (2) of this
section) is issued, shall be responsible for compliance with the City’s transient
occupancy tax regulations as described in § 3.24 (Transient Occupancy Tax).
f. No on-site exterior signage of any kind shall be allowed in conjunction with the
Short Term Rental.
g. In every advertisement for the Short Term Rental, the owner/operator shall
include the City issued permit number.
h. All Short Term Rentals must provide smoke and carbon monoxide detectors in
compliance with the Rohnert Park Building Code for new construction.
i. The Short Term Rental shall comply with all applicable sections of the Rohnert
Park Municipal Code. Any violation of this section or of the Rohnert Park
Municipal Code will be considered a violation of the Administrative Use Permit.
j. The Host (owner/operator) shall provide a written manual to guests providing
important contact numbers, a copy of this RPMC code section, parking
limitations, and other helpful information to minimize conflict within the
neighborhood.
k. The Host (owner/operator) shall maintain a liability insurance policy that covers
this use.
Section 10. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase 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 11. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 12. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
This ordinance was introduced on July 25, 2017 and is scheduled for adoption by the Council of
the City of Rohnert Park on August 8, 2017, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
___________________________________
Jake Mackenzie, Mayor
ATTEST:
___________________________________
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
___________________________________
Michelle Marchetta Kenyon, City Attorney
I, JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby certify that
the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th
day of August, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
JoAnne M. Buergler, City Clerk
ITEM NO. 7
1
Meeting Date: August 8, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Consideration of a Contract to Develop a Form Based Code
Applicable to the City’s Downtown District Amenity Zone
RECOMMENDED ACTION: Adopt a Resolution Authorizing the City Manager to Execute a
Contract with Opticos Design Inc. for a Form Based Code applicable to the City’s Downtown
District Amenity Zone.
BACKGROUND: On March 22, 2016, the City Council adopted the Central Rohnert Park
Priority Development Area Plan (Central Rohnert Park PDA Plan). This comprehensive planning
document covers 300 acres of the City roughly bounded by Highway 101 to west, the SMART
rail corridor to the east, Golf Course Drive to the north and Avram Avenue/Santa Alicia Drive to
the south (see Attachment 1).
The Central Rohnert Park PDA Plan was developed through a stakeholder process and one key
feature that arose from community input was the inclusion of a “downtown” area, generally
centered on State Farm Drive from Enterprise Drive north to Hinebaugh Creek. The Central
Rohnert Park PDA Plan amended the City’s General Plan to include the goals, policies and
zoning necessary to support the creation of a downtown. While the Central Rohnert Park PDA
Plan also includes design guidelines that describe the design elements that would support a
“downtown” environment, it stopped short of developing the specific regulatory framework that
would govern the design of the streetscapes and buildings in the downtown district. These could
be provided by a “form based code”.
The Form Based Code Institute defines a form based code as “land development regulation that
fosters predictable built results and a high-quality public realm by using physical form (rather
than separation of uses) as the organizing principle for the code…Form-based codes address the
relationship between building facades and the public realm, the form and mass of buildings in
relation to one another, and the scale and types of streets and blocks. The regulations and
standards in form-based codes are presented in both words and clearly drawn diagrams and
other visuals.”
This type of regulatory framework has been utilized by the City to define the development
regulations in one of the City’s planned development areas. Other local jurisdictions, including
Petaluma’s Theatre District and Windsor’s Town Green, use form based codes to provide more
specific direction on the urban architectural and streetscape elements that define their downtown
areas. When it adopted the Central Rohnert Park PDA Plan, the City Council expressed a desire
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. 7
2
to develop a form based code for the downtown area as an early implementation phase, ideally in
partnership with development of the former State Farm site.
While development activity on the former State Farm site has not moved forward, staff has
solicited and evaluated proposals for form based code consultants and negotiated a scope of
services with Opticos Design Inc. to perform this work. Staff is recommending beginning work
on this project now for four reasons.
1. A form based code is the best vehicle for securing consensus on the “look” of the future
downtown area and ensuring that developers have clear guidance for implementing the
City’s vision.
2. Developing the form based code independent of a specific development project is the
ideal way to ensure that the City’s vision is the primary driver for the code.
3. Developing the form based code provides an engaging, high-profile introduction to
community vision setting and planning, which will help kick-start the update of the City’s
General Plan.
4. Implementing a form based code is the City’s best tool to ensure it can control
development within the downtown in a manner that is consistent with its vision.
ANALYSIS: In response to the approval of the Central Rohnert Park PDA Plan, staff developed
a Request for Proposals for form based code consultants. The City received three proposal from
Urbanworks Inc., Opticos Design Inc., and a team of Urban Design Studio and Michael Baker
Inc. In accordance with the City’s purchasing policy, staff evaluated the proposals and
determined that the Opticos team, which includes local participation from Sonoma State’s Lois
Fisher, was the best qualified to provide the City with these services. Staff negotiated extensively
with Opticos to arrive at a scope of services that could be accommodated within the City’s
budget goals for this project. Staff is recommending a contract with a total value of $178,210.
Opticos’ proposal is centered on an intensive design charrette that will take place over the course
of a week in Rohnert Park and which will be open to the public. The charrette will utilize maps
and visualizations and a physical model of the downtown area to solicit input, refine proposals
and present final recommendations. Where private development projects focus on one site or
building, the highly visual nature of the charrette process will facilitate clear discussion and the
development of a cohesive vision for the whole downtown area. The open and public nature of
the charrette allows for input by the community, property owners, councilmembers, planning
commissioners and staff. The charrette will incorporate real estate and development market data
and will culminate in a formal public presentation of results and recommendations.
Upon completion of the charrette, Opticos’ staff will distill the results into code language,
including appropriate visual guides, suitable for adoption into the Municipal Code. The code is
anticipated to include a “regulating” site plan that lays out the street grid and relationships
between public space and private buildings and the following key elements:
• Building Form Standards
• Frontage Type Standards
• Civic Space Standards
• Supplemental Standards (e.g., Parking)
• Walkable Community Plan (Site Layout) Standards
• Thoroughfare Standards
• Procedures for implementation.
ITEM NO. 7
3
The scope also includes assistance at the public hearings necessary to adopt this new chapter of
the City’s municipal code.
STRATEGIC PLAN ALIGNMENT: The recommended action supports Strategic Plan Goal D
– Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
1. Authorize the City Manager to Execute a Contract with Opticos Design Inc. for a Form
Based Code applicable to the City’s Downtown District Amenity Zone (recommended
option). As described above, development of a form based code provides the City with an
important opportunity to develop and articulate its vision for the future downtown and
engage the community in an early activity that supports the General Plan update.
Developing the form based code independent of any specific development project ensures
that it is the City’s vision which drives the regulating plan for downtown.
2. Do not undertake the development of a form based code at this time. This option is not
recommended. Without a form based code in place, the City will not have the opportunity
articulate its vision for the downtown. This will make it more difficult to guide
development proposals in a manner that achieves the City’s vision. While this effort
could always be undertaken at a later date, doing the work as part of a coordinated effort
to “kick-off” the General Plan update provides an opportunity to engage the community
in the future vision for the City and gain some synergy around these planning efforts.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the recommended action is
$200,000, which is the cost of Opticos’ contract together with a modest allowance for outreach
activities and contingency. The funding source for the contract is General Plan Maintenance
Fund (Fund 130). The adopted Fiscal Year 2017-18 budget includes a $1,000,000 budget for
General Plan Update activities, which can be used to fund this contract and related activities.
Department Head Approval Date: 07/24/2017
Finance Director Approval Date: 07/25/2017
City Attorney Approval Date: 07/26/2017
City Manager Approval Date: 07/27/2017
Attachments (list in packet assembly order):
1. Priority Development Plan Area
2. Resolution Authorizing the City Manager to Execute a Contract with Opticos Design
Inc. for a Form Based Code applicable to the City’s Downtown District Amenity
Zone
3. Consultant Services Agreement with Opticos Design Inc.
Attachment A – PDA Plan Area
1
RESOLUTION NO. 2017-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
OPTICOS DESIGN INC. FOR A FORM BASED CODE APPLICABLE TO
THE CITY’S DOWNTOWN DISTRICT AMENITY ZONE
WHEREAS, on March 22, 2016, the City Council adopted Resolution No. 2016-028
adopting the Central Rohnert Park Priority Development Area Plan; and
WHEREAS, the Central Rohnert Park Priority Development Area Plan includes a
Downtown District Amenity Zone generally centered on State Farm Drive between Enterprise
Drive and Hinebaugh Creek which is intended to foster and encourage the ongoing development
of “downtown” Rohnert Park; and
WHEREAS, the Central Rohnert Park Priority Development Area Plan includes design
guidelines to support the development of a cohesive downtown zone including the design of
public and private spaces and buildings; and
WHEREAS, supplementing the design guidelines with a form based code specific to the
Downtown District Amenity Zone will provide the regulatory overlay necessary to fully
implement the City’s vision for its downtown area; and
WHEREAS, the City’s contracting practices are governed by its Purchasing Policy; and
WHEREAS, in accordance with the Purchasing Policy, staff has solicited proposals from
qualified planning and urban design firms to prepare a form based code for the Downtown
District Amenity Zone; and
WHEREAS, Opticos Design Inc. provided the most responsive proposal and best
demonstrated its qualifications to prepare the form based code for the Downtown District
Amenity Zone; and
WHEREAS, staff has negotiated with Opticos Design Inc. to arrive at a scope of services
and professional fee that meets the City’s budget goals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Opticos Design Inc.
a California Corporation, and the City of Rohnert Park, a municipal corporation, for the
development of a form based code for the City’s Downtown District Amenity Zone.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, the agreement attached hereto as Exhibit “A,” subject to minor
modifications by the City Manager or City Attorney.
( 2 )
2017-102
DULY AND REGULARLY ADOPTED this 8th day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
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1126651v3 80078/0012 v2012-09
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
PROFESSIONAL SERVICES AGREEMENT
Form Based Code for the Central Rohnert Park Downtown District Amenity Zone
THIS AGREEMENT is entered into as of the 8th day of August, 2017, by and between the CITY
OF ROHNERT PARK ("City"), a California municipal corporation, and Opticos Design Inc., a
California Corporation.
Recitals
WHEREAS, City desires to obtain planning and urban design services in connection with
the development of a form based code for the Central Rohnert Park Downtown District Amenity
Zone; and
WHEREAS, Design Professional hereby represents to the City that Design Professional
is skilled and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Design Professional pursuant to this Agreement to
provide the services described in Section 1 of this Agreement.
Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.Scope of Services. Subject to such policy direction and approvals as the City may
determine from time to time, Design Professional shall perform the services set out in the “Scope
of Work and Schedule of Performance” attached hereto as Exhibit A.
2.Time of Performance. The services of Design Professional are to commence
upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. The services of Design Professional are to be completed
not later than March 1, 2018. Design Professional shall perform its services in accordance with
the schedule set out in the “Scope of Work and Schedule of Performance” attached hereto as
Exhibit A. Any changes to the dates in this Section or Exhibit A must be approved in writing by
the City.
3.Compensation and Method of Payment.
A.Compensation. The compensation to be paid to Design Professional,
including both payment for professional services and reimbursable expenses, shall be at the rate
and schedules attached hereto as Exhibit B. However, in no event shall the amount City pays
Design Professional exceed One Hundred Seventy-Eight Thousand Two Hundred Ten Dollars
Exhibit A
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1126651v3 80078/0012 v2012-09
($178,210). 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.
(1) Design Professional shall submit itemized monthly invoices for
work performed. City shall make payment, in full, within thirty
(30) days after approval of the invoice by City.
(2) Payments due and payable to Design Professional for current
services must be within the current budget and within an available,
unexhausted and unencumbered appropriation of the City. In the
event the City has not appropriated sufficient funds for payment of
Design Professional services beyond the current fiscal year, this
Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work
is conditional upon future City appropriation.
C. Changes in Compensation. Design Professional will not undertake any
work that will incur costs in excess of the amount set forth in Section 3(A) without prior written
amendment to this Agreement.
D. Standard of Quality. City relies upon the professional ability of Design
Professional as a material inducement to entering into this Agreement. All work performed by
Design Professional under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
professionals in Design Professional’s field of expertise.
E. Taxes. Design Professional shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Design Professional.
F. No Overtime or Premium Pay. Design Professional shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non-standard business hours, such as in the
evenings or on weekends, unless specifically required by the applicable task order and authorized
by City in writing. Design Professional shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Design Professional shall not receive paid time off for days
not worked, whether it be in the form of sick leave, administrative leave, or for any other form of
absence.
G. Litigation Support. Design Professional agrees to testify at City’s request
if litigation is brought against City in connection with Design Professional’s report. Unless the
action is brought by Design Professional or is based upon Design Professional’s negligence, City
will compensate Design Professional for the preparation and the testimony at Design
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1126651v3 80078/0012 v2012-09
Professional’s standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
4. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Design Professional. In such event,
the compensation and time of performance shall be subject to renegotiation upon written demand
of either party to the Agreement. Failure of the Design Professional to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
5. Duties of City. City shall provide all information requested by Design
Professional that is reasonably necessary to performing the Scope of Work. City retains all
rights of approval and discretion with respect to the projects and undertakings contemplated by
this Agreement.
6. Ownership of Documents.
A. The plans, specifications, estimates, programs, reports, models, and other
material prepared by or on behalf of Design Professional under this Agreement including all
drafts and working documents, and including electronic and paper forms (collectively the
“Documents”), shall be and remain the property of the City, whether the Services are completed
or not. Design Professional shall deliver all Documents to City, upon request at (1) the
completion of the Services, (2) the date of termination of this Agreement for any reason, or (3)
request by City in writing, or (4) payment of all monies due to Design Professional.
B. The Documents may be used by City and its officers, elected officials,
employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all
purposes City may deem advisable without further employment of or payment of any
compensation to Design Professional. If City desires to modify Documents before using them,
City shall obtain written consent from Design Professional for any such modification, and such
consent shall not unreasonably be withheld. If City modifies Documents without obtaining
written consent from Design Professional, Design Professional shall not be liable to City for any
damages resulting from use of such modified Documents, provided that the Design Professional
was not a proximate cause of such damages.
C. Design Professional retains the copyright in and to the intellectual
property depicted in the Documents subject to Design Professional’s limitations and City’s rights
and licenses set forth in this Agreement. City’s ownership interest in the Documents includes the
following single, exclusive license from Design Professional: Design Professional, for itself, its
employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is
necessary, agrees to grant) to City an irrevocable, perpetual, royalty-free, fully paid, sole and
exclusive license and right to use and exercise any and all of the copyrights or other intellectual
property rights that Design Professional may author or create, alone or jointly with others, in or
with respect to the Documents, including without limitation all analysis, reports, designs and
graphic representations. City’s license shall include the right to sublicense, shall be for all
purposes with respect to each right of copyright, and shall be without restriction.
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1126651v3 80078/0012 v2012-09
D. Design Professional shall include in all subcontracts and agreements with
respect to the Services that Design Professional negotiates, language which is consistent with this
Section 6.
E. All reports, information, data, and exhibits prepared or assembled by
Design Professional in connection with the performance of its Services pursuant to this
Agreement are confidential until released by the City to the public, and the Design Professional
shall not make any of these documents or information available to any individual or organization
not employed by the Design Professional or the City without the written consent of the City
before any such release. This provision shall not apply to information that (1) is already in the
public domain, (2) was previously known by Design Professional, (3) Design Professional is
required to provide by law, or (4) reasonably required by Design Professional to conduct its
defense in a legal or similar proceeding, so long as Design Professional notifies City in writing
before use of such information.
7. Employment of Other Design Professionals, Specialists or Experts.
A. Design Professional will not employ or otherwise incur an obligation to
pay other consultants, specialists or experts for services in connection with this Agreement
without the prior written approval of the City. Any consultants, specialists or experts approved
by City are listed in Exhibit D.
B. Design Professional represents that it has, or will secure at its own
expense, all personnel required in performing the Services. All of the Services required
hereunder will be performed by the Design Professional or under Design Professional’s
supervision, and all personnel engaged in the work shall be qualified to perform such services.
C. Design Professional shall make every reasonable effort to maintain
stability and continuity of Design Professional's Key Personnel assigned to perform the Services.
Key Personnel for this contract are listed in Exhibit D.
D. Design Professional shall provide City with a minimum twenty (20) days
prior written notice of any changes in Design Professional’s Key Personnel, provided that Design
Professional receives such notice, and shall not replace any Key Personnel with anyone to whom
the City has a reasonable objection.
E. Design Professional plans to retain the subconsultants listed in Exhibit D,
who will provide services as indicated in Exhibit D.
F. Design Professional will not utilize subconsultants other than those listed
in Exhibit D without advance written notice to the City. Design Professional will not utilize a
subconsultant to whom the City has a reasonable objection. Subconsultants providing
professional services will provide professional liability insurance as required in Exhibit C unless
the City waives this requirement, in writing.
8. Conflict of Interest.
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1126651v3 80078/0012 v2012-09
A. Design Professional understands that its professional responsibility is
solely to City. Design Professional warrants that it presently has no interest, and will not acquire
any direct or indirect interest, that would conflict with its performance of this Agreement.
Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does
not, employ a person having such an interest in the performance of this Agreement. If Design
Professional discovers that it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Design Professional shall promptly disclose the
relationship to the City and take such action as the City may direct to remedy the conflict.
B. Design Professional (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this contract
or any other source of income, interest in real property or investment which would be affected in
any manner or degree by the performance of Design Professional's Services hereunder. Design
Professional further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
C. Design Professional is not a designated employee within the meaning of
the Political Reform Act because Design Professional:
(1) Will conduct research and arrive at conclusions with respect to
his/her rendition of information, advice, recommendation or counsel independent of the control
and direction of 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 (FPPC Reg. 18700(a)(2)).
9. Interest of Members and Employees of City. No member of the City and no other
officer, elected official, employee, agent or volunteer of the City who exercises any functions or
responsibilities in connection with the carrying out of any project to which this Agreement
pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such
person participate in any decision relating to this Agreement which affects its personal interests
or the interest of any corporation, partnership or association in which he/she is directly or
indirectly interested.
10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee, agent or volunteer of the City shall be personally liable
to Design Professional or otherwise in the event of any default or breach of the City, or for any
amount which may become due to Design Professional or any successor in interest, or for any
obligations directly or indirectly incurred under the terms of this Agreement.
11. Indemnity.
A. To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal
counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers,
elected officials, employees, agents, and volunteers (collectively "Indemnitees") from and
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against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or
death of an employee of Design Professional or its subconsultants), expense and liability of
every kind, nature and description (including, without limitation, fines, penalties, incidental and
consequential damages, reasonable court costs and reasonable attorneys' fees, litigation expenses
and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of
investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Design Professional, any subconsultant, anyone directly or indirectly employed by
them, or anyone that they control (collectively "Liabilities"). Such negligence, recklessness, or
willful misconduct includes without limitation the failure of Design Professional to disclose
information known by Design Professional to be material to performing the Services. Such
obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent
that such Liabilities are caused by the negligence, active negligence, or willful misconduct of
such Indemnitee. Notwithstanding any provision of this Agreement to the contrary, the extent of
Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by
the provisions of California Civil Code Section 2782.8.
B. Neither termination of this Agreement nor completion of the Services shall
release Design Professional from its obligations under this Section 11, as long as the event giving
rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective
date of any such termination or completion.
C. Design Professional agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Design Professional in the
performance of this Agreement. If Design Professional fails to obtain such indemnity
obligations from others as required, Design Professional shall be fully responsible for all
obligations under this Section. City's failure to monitor compliance with this requirement
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. The obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Design Professional and shall survive the termination of this
Agreement or this section.
D. Design Professional's compliance with the insurance requirements does
not relieve Design Professional from the obligations described in this Section 11, which shall
apply whether or not such insurance policies are applicable to a claim or damages.
12. Design Professional Not an Agent of City. Design Professional, its officers,
employees and agents shall not have any power to bind or commit the City to any decision.
13. Independent Contractor. It is understood that Design Professional, in the
performance of the work and services agreed to be performed by Design Professional, shall act
as and be an independent contractor as defined in Labor Code 3353 and not an agent or
employee of City; and as an independent contractor, Design Professional shall obtain no rights to
retirement benefits or other benefits which accrue to City’s employees, and Design Professional
hereby expressly waives any claim it may have to any such rights.
14. Compliance with Laws.
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A. General. Design Professional shall (and shall cause its agents and
subcontractors), at its sole cost and expense, comply with all applicable federal, state and local
laws, codes, ordinances and regulations now in force or which may hereafter be in force during
the term of this agreement. Except as otherwise allowed by City in its sole discretion, Design
Professional and all subconsultants shall have acquired, at their expense, a business license from
City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's
issuance of an authorization to proceed with the Services. Such license(s) must be kept valid
throughout the term of this Agreement. Any corrections to Design Professional's reports or other
Documents (as defined in Section 6) that become necessary as a result of Design Professional's
failure to comply with these requirements shall be made at the Design Professional's expense.
B. Updates. Should Design Professional become aware that the requirements
referenced in subparagraph A above change after the date of a report or other Document is
prepared, Design Professional shall be responsible for notifying City of such change in
requirements. Design Professional will bring the Documents into conformance with the newly
issued requirements at the written direction of City. Design Professional’s costs for providing
services pursuant to this paragraph shall be submitted to City as Additional Services.
C. Licenses and Permits. Design Professional represents that it has the skills,
expertise, licenses and permits necessary to perform the Services. Design Professional shall
perform all such Services in the manner and according to the standards observed by a competent
practitioner of the same profession in which Design Professional is engaged. All products of
whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall
conform to the standards of quality normally observed by a person practicing in Design
Professional’s profession. Permits and/or licenses shall be obtained and maintained by Design
Professional without additional compensation throughout the term of this Agreement.
D. Documents Stamped. Design Professional shall have documents created
as part of the Services to be performed under this Agreement stamped by registered professionals
for the disciplines covered by Design Professional's Documents as required by Section 6735 of
the Business and Professionals Code or any other applicable law or regulation. Design
Professional shall not be required to stamp any documents not prepared under its direct
supervision. The City will not be charged an additional fee to have such documents stamped. .
E. Workers' Compensation. Design Professional certifies that it is aware of
the provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Design Professional certifies that it will comply with such
provisions before commencing performance of this Agreement.
F. Prevailing Wage. Design Professional and Design Professional's sub-
consultants, shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article
2. Copies of the applicable wage determination are on file at City Clerk's office. This provision
to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.E.
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G. Injury and Illness Prevention Program. Design Professional certifies that
it is aware of and has complied with the provisions of California Labor Code Section 6401.7,
which requires every employer to adopt a written injury and illness prevention program.
H. City Not Responsible. City is not responsible or liable for Design
Professional's failure to comply with any and all of the requirements set forth in this Agreement.
15. Nonexclusive Agreement. Design Professional understands that this is not an
exclusive Agreement and that City shall have the right to negotiate with and enter into contracts
with others providing the same or similar services as those provided by Design Professional as
the City desires.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for Design Professional in performance of this Agreement are
confidential and not to be disclosed to any person except as authorized by City, as required by
law, or as otherwise allowed by this Agreement.
17. Insurance. Design Professional shall provide insurance in accordance with the
requirements of Exhibit C.
18. Assignment Prohibited. Design Professional shall not assign any of its rights nor
transfer any of its obligations under this Agreement without the prior written consent of City and
any attempt to so assign or so transfer without such consent shall be void and without legal effect
and shall constitute grounds for termination.
19. Termination.
A. If Design Professional at any time refuses or neglects to prosecute its
Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or
commits any act of insolvency, or makes an assignment for the benefit of creditors without City's
consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or
services, or fails in any respect to properly and diligently prosecute its Services, or otherwise
fails to perform fully any and all of the agreements herein contained, Design Professional shall
be in default.
B. If Design Professional fails to cure the default within seven (7) days after
written notice thereof, City may, at its sole option, take possession of any Documents or other
materials (in paper and electronic form) prepared or used by Design Professional and (1) provide
any such work, labor, materials or services as may be necessary to overcome the default and
deduct the cost thereof from any money then due or thereafter to become due to Design
Professional under this Agreement; and/or (2) terminate Design Professional's right to proceed
with this Agreement.
C. In the event City elects to terminate, City shall have the right to immediate
possession of all Documents and work in progress prepared by Design Professional, whether
located at Design Professional's place of business, or at the offices of a subconsultant, and may
employ any other person or persons to finish the Services and provide the materials therefor. In
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case of such default termination, Design Professional shall not be entitled to receive any further
payment under this Agreement until the Services are completely finished.
D. In addition to the foregoing right to terminate for default, City reserves the
absolute right to terminate this Agreement without cause, upon 72-hours' written notice to
Design Professional. In the event of termination without cause, Design Professional shall be
entitled to payment in an amount not to exceed the Not-To-Exceed Amount which shall be
calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by
City, plus (2) Payment for Additional Services satisfactorily completed and accepted by City,
plus (3) Reimbursable Expenses actually incurred by Design Professional, as approved by City.
The amount of any payment made to Design Professional prior to the date of termination of this
Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design
Professional shall not be entitled to any claim or lien against City for any additional
compensation or damages in the event of such termination and payment. In addition, the City's
right to withhold funds under Section 19.C. shall be applicable in the event of a termination for
convenience.
E. If this Agreement is terminated by City for default and it is later
determined that the default termination was wrongful, such termination automatically shall be
converted to and treated as a Termination for Convenience under this Section 19 and Design
Professional shall be entitled to receive only the amounts payable under Section 19.D.
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 he/she deems necessary due to
unfavorable conditions or to the failure on the part of the Design Professional to perform any
provision of this Agreement. Design Professional will be paid for satisfactory Services
performed through the date of temporary suspension. In the event that Design Professional's
services hereunder are delayed for a period in excess of six (6) months due to causes beyond
Design Professional's reasonable control, Design Professional's compensation shall be subject to
renegotiation.
21. Entire Agreement and Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between City and Design Professional and supersedes any
previous agreements, whether verbal or written, concerning the same subject matter. This
Agreement may only be amended or extended from time to time by written agreement of the
parties hereto.
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 prevailing party. In awarding attorneys’ fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
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24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either
party may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated within 48 hours from the time of mailing if mailed as provided in this
section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Design Professional: 2100 Milvia Street Suite 125
Berkeley CA, 94704
Stefan Pellegrini, Principal and Vice President
26. Design Professional’s Books and Records.
A. Design Professional shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment to
Design Professional.
B. Design Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of three (3) years, or for
any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Design Professional’s address indicated for receipt of
notices in this Agreement.
D. City may, by written request by any of the above-named officers, require
that custody of the records be given to City and that the records and documents be maintained in
the City Manager’s office. Access to such records and documents shall be granted to any party
authorized by Design Professional, Design Professional’s representatives, or Design
Professional’s successor-in-interest.
E. Pursuant to California Government Code Section 10527, the parties to this
Agreement shall be subject to the examination and audit of representative of the Auditor General
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of the State of California for a period of three (3) years after final payment under the Agreement.
The examination and audit shall be confined to those matters connected with the performance of
this Agreement including, but not limited to, the cost of administering the Agreement.
27. Equal Employment Opportunity. Design Professional is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Design Professional will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation, marital
status or national origin. Design Professional will take affirmative action to ensure that
applicants are treated during such employment without regard to race, age, sex, creed, color,
sexual orientation, marital status or national origin. Such action shall include, but shall not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Design Professional further agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply
with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et
seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Design Professional so employ such unauthorized aliens for performance of
work and/or services covered by this Agreement, and should any liability or sanctions be
imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to
and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys’ fees, incurred by City.
29. Section Headings. The headings of the several sections, and any table of contents
appended hereto, shall be solely for convenience of reference and shall not affect the meaning,
construction or effect hereof.
30. City Not Obligated to Third Parties. City shall not be obligated or liable for
payment hereunder to any party other than the Design Professional.
31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other remedy or remedies, and each and every such remedy, to
the extent permitted by law, shall be cumulative and in addition to any other remedy given
hereunder or now or hereafter existing at law or in equity or otherwise.
32. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
33. No Waiver Of Default. No delay or omission of City to exercise any right or
power arising upon the occurrence of any event of default shall impair any such right or power or
shall be construed to be a waiver of any such default of an acquiescence therein; and every
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power and remedy given by this Agreement to City shall be exercised from time to time and as
often as may be deemed expedient in the sole discretion of City.
34. Successors and Assigns. All representations, covenants and warranties set forth
in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be
binding upon and inure to the benefit of such party, its successors and assigns.
35. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements to Design Professional Services
Agreement
In the event of a conflict between any provision in Paragraphs 1 through 39 of this Agreement
and a provision of an exhibit to this agreement, the provisions in Paragraphs 1 through 39 of this
Agreement shall prevail.
36. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
37. News Releases/Interviews. All Design Professional and subconsultant news
releases, media interviews, testimony at hearings and public comment shall be prohibited unless
expressly authorized by the City.
38. Venue. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
39. Authority. All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and capacities herein stated
and on behalf of any entities, persons, or firms represented or purported to be represented by
such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by
any state and/or federal law in order to enter into this Agreement have been fully complied with.
Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall
not have breached the terms or conditions of any other contract or agreement to which Design
Professional is obligated, which breach would have a material effect hereon.
CITY OF ROHNERT PARK DESIGN PROFESSIONAL
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IN WITNESS WHEREOF, the City and Design Professional have executed this
Agreement as of the date first above written.
By: __________________________________
City Manager , Date
By:
Title:
Date:
Per Resolution No. 2017-__adopted by the Rohnert Park
City Council at its meeting of August 8, 2017.
ATTEST:
By: __________________________________
City Clerk
APPROVED AS TO FORM:
By: __________________________________
City Attorney
Central Rohnert Park Form-Based Code
Scope of Work: Revised 5/26/17
Revised 6/2/17
Task A: Project Management
1. Bi-Monthly Phone Meetings: The Opticos Team will meet via GoToMeeting with City Staff to discuss project strategy
and progress, key action items and responsibilities, and project schedule typically twice per month. Opticos will prepare
an agenda and a checklist with action items, responsibilities and due dates for appropriate team members, and will
schedule and notify attendees of the meetings via calendar invitations and e-mail.
2. Project Management: The Opticos Team will provide project management and coordination of the Opticos Team
throughout the process to provide the expertise necessary for each task. The Opticos Team will provide a coordinated
effort on the part of the Opticos Team when interacting with City Staff. To do this effectively and within the agreed
upon scope of work and budget, the Opticos Team is relying upon clear communication from City Staff.
Deliverables from Opticos Team:
• Brief meeting agenda/checklist with key discussion items noted and action items for Bi-Monthly Phone Meetings
• Provide City Staff with phone meeting call-in information
Deliverables from City:
• Organization and scheduling of meetings with City Staff
• Timely responses to questions, memos and/or other materials submitted to City Staff for review and comment or
direction
• Preparation and distribution of monthly project status reports to various interested parties and the project websites
Task B: Project Kick-Off and Review of Background Data (Month 2)
1. Visit 1 (1-day): Project Initiation Meeting & Site Tour with City Staff: Three members of the Opticos Team will attend
this visit.
a. Kick-Off Meeting. The Opticos Team will facilitate the kick-off meeting for the purpose of reviewing the
City’s objectives for the Central Rohnert Park FBC.
b. Site Tour. The Opticos Team will tour the Downtown Study Area with City Staff. The actual sites and timing
of the tour will be established by the City.
c. The Opticos Team will work with City Staff during this visit to establish a strategy to refine and detail the
project scope and schedule.
d. The Opticos Team and City Staff will discuss the issues and challenges associated with the Downtown Study
Area, including present City plans, policies and regulations, known development projects, extent of project
area boundary, as well as physical opportunities and constraints. Within 10 days of meeting with the Opticos
Team, City Staff will provide a memo that presents a summary of these issues and challenges.
e. Community/Stakeholder Involvement and Charrette Strategy. The Opticos Team and City Staff will
discuss the community/stakeholder involvement and charrette strategy to be developed for the Central
Rohnert Park FBC. The City will prepare a list of potential primary stakeholders and rank them by
importance, and strategize with the Opticos Team to form stakeholder focus groups where applicable, based
on the project objectives identified by the City and on the Opticos Team’s experience. The Opticos Team will
discuss charrette needs and strategize with City Staff regarding outreach methods, responsibilities and key
milestones. Given the short timeline, the charrette should be advertised in early July to enable a well-attended
charrette in early August.
2. Background Data Request: The Opticos Team will prepare and submit a background information and GIS request
memo. The information identified in the memo will be supplied to the Opticos Team by the City within 10 working
days of the City receiving the memo. Upon receipt of the information from the City, the Opticos Team will prepare base
maps (Task C.2.d.1).
Deliverables from Opticos Team:
• Facilitate project initiation meeting with City Staff and participate in Site Tour
• Background Info and GIS Request Memo in digital format
• Summary meeting notes from project initiation meeting with City Staff in digital format
Deliverables from City:
• Organization of Site/City Tour
• Requested, relevant background information, maps and GIS/Assessor’s Parcel Data
• Issues and Opportunities Memo to Opticos Team
• Stakeholder list, including select stakeholders and stakeholder groups
Task C: Pre-Charrette Analysis and Preparation (Month 2)
1. Prepare FBC Outline: Based on direction from City Staff and the needs of the project as identified in the Project
Initiation Meeting (Task B), The Opticos Team will utilize the SmartCode v9.2 template to determine relevant sections
to be included in the draft code. The FBC Annotated Outline will be delivered one (1) week prior to the Pre-Charrette
Conference Call. City Staff will be responsible for providing comments during the Pre-Charrette Conference Call.
2. Charrette Preparation: In order to prepare for the charrette, the Opticos Team will conduct the following tasks:
a. Review the Background Documents: The Opticos Team will review relevant documents and current
conditions in the Downtown Study Area deemed applicable by the City. Those documents include but are
not limited to: Central Rohnert Park Priority Development Area (PDA) Plan and EIR, Rohnert Crossings
initial planned development application, Zoning Code, Zoning District Boundaries, and other relevant
background information. City Staff will ensure that the Opticos Team has all necessary relevant City
documents.
b. Preparatory Conference Calls with City Staff and Key Stakeholders: The Opticos Team will facilitate up to
two (2) conference calls with City Staff and/or key project area stakeholders/property owners/representatives
in preparation for the charrette. The purpose of these calls will be to engage key property owners and obtain
initial feedback regarding the process, and discuss the potential for the FBC as an implementation tool.
Additionally, the Opticos Team will facilitate charrette preparations (meeting with City Staff to review the
base maps) as well as discuss the City’s comments regarding the FBC Outline.
c. Initial open house and City Council Worksession: Prior to the charrette the Opticos Team will facilitate a
community open house and City Council (or joint Council/PC) study session to summarize and identify
goals, priorities, and aspirations for the DDAZ.
d. Charrette Materials Preparation:
1. Base Map Preparation: The Opticos Team will prepare base maps using GIS/Assessor’s Parcel Data
resources maintained by the City and other relevant mapping information received during Task B.
2. Existing Conditions Model: The Opticos Team will construct a large-scale model (1”=20’or similar) of
the Downtown Study Area using the Central Rohnert Park PDA Plan as a starting point. If the State
Farm site and/or other sites within the DDAZ have a new owner and/or shareable conceptual plans,
Opticos will incorporate this information into the model. The model will be used as a centerpiece on
charrette to demonstrate tweaks and refinements to the plan and communicate them to the public.
3. Preparation of FBC Testing Posters: Based on direction from City Staff and the needs of the project as
identified in the FBC Annotated Outline and FBC Style Sheet, the Opticos Team will prepare FBC
Testing Posters to be used on charrette showing draft standards including, but not limited to, building
form, building type, frontage type, civic spaces, site development, and thoroughfares.
Deliverables from Opticos Team:
• Project Area Base Maps
• FBC Outline
• Existing Conditions Model (to be used on charrette)
• FBC Testing Boards (to be used on charrette)
Deliverables from City:
• Organization and scheduling of meetings with City Staff and interviews with stakeholders
• Timely responses to questions, memos and/or other materials submitted to City staff for review and comment or
direction
Task D: FBC Testing - 4-Day Design Charrette (Months 2-3)
A 4-day, multi-disciplinary charrette will be facilitated by the Opticos Team to enable the City to engage the diverse community
and stakeholders in the project area and understand the physical attributes of the Downtown Project Area that should be reflected
in the Form-Based Code. The work will focus on the creation of form-based zone districts and private and public realm standards
for the project area and a series of regulating plans.
1. Pre-Charrette Logistics:
a. Coordinate Pre-Charrette Logistics: The Opticos Team will refine the charrette schedule with City staff and
assist with preparation and logistics.
b. In-house Working Session: The Opticos Team will complete one in-house testing of the project area prior to
the charrette in order to brainstorm alternatives for FBC refinement and to inform a detailed to-do-list for
the charrette team to enable efficiency on charrette.
2. Visit 2: 4-day Community Design Charrette: The Opticos Team will provide four (4) people to attend the charrette for
the entire four (4) days in a studio set up on site in Downtown Rohnert Park. The sub-team will participate in the
charrette throughout the four (4) days at designated milestones, key meetings, and key presentations. The Opticos
Team is prepared to work with willing property owners’ representatives during the charrette. Charrette activities are
likely to include:
a. Stakeholder/Focus Group Interviews: The Opticos Team will facilitate a series of interviews for identified
property owners, stakeholders and key members of the development community (lenders, developers,
property owners, brokers, etc.) to help inform the FBC parameters determine perceptions of the Downtown
Study Area and market position. We anticipate that these interviews will be focus groups with common
interests to gain an understanding of the issues facing the Downtown Study Area. These meetings will be
conducted primarily during the first half of day one, but as needed throughout.
b. Working Sessions: The Opticos Team can work with property owners’ representatives to refine conceptual
design proposals during the charrette.
c. Existing Conditions Model: The Opticos Team will set up the large-scale model of the Downtown Study
Area during the second half of day one to serve as a starting point for the charrette.
d. Market Background Brown Bag: Presentation on local economics to help establish realistic near-term goals
for retail in the Downtown Project Area and strategies for retail placemaking and development that is likely to
be feasible in the near-, medium- and long-term.
e. Open House: The Opticos Team will facilitate one (1) opening presentation to engage stakeholders and the
public (the meeting will include boards and commissions, as needed) in an informal, open house format. The
presentation will likely summarize issues, opportunities, building upon the Central Rohnert Park PDA Plan,
key “must haves” for the City and participating developer(s) to generate the best possible projects for the
community. The session will include a designing-in-public activity tailored to the public’s current
understanding as deemed by the City.
f. Open Studio: The open studio is time scheduled at key points throughout the charrette for the public to view
and comment on the work produced during the charrette. The Opticos Team will be available to answer
questions at designated open studio times throughout the charrette. A minimum of two (2) City Staff
members will be available throughout the open studio times to direct participants, sign people in, and to
observe the process and progress.
g. Study FBC Alternatives: The Opticos Team will create, illustrate, and test several alternatives for the
Downtown Study Area to depict how the plan might be refined and how the resulting FBC standards might
change accordingly. Alternatives will consider how development under the FBC will look and function
including the scale and character of buildings, civic spaces, and thoroughfares in the project area.
h. Final Presentation: The Opticos Team will present at the charrette’s closing presentation to highlight the
work done and conclusions made at the charrette by the Opticos Team (the meeting can include boards and
commissions, if desired). The final presentation will include refinements to the FBC Testing Posters and draft
Regulating Plan(s) based on feedback for public review and comment. This presentation summary memo will
serve as the first draft presentation requested in the RFP under 3a.
The Opticos Team will participate in up to one (1) phone meeting to discuss or further clarify the charrette
results with City Staff before providing the final presentation to the City for distribution.
Deliverables:
• Charrette Outreach Materials (Flyer/Poster)
• Charrette Open House Materials (Boards/Presentation)
• Charrette Mid-Point Pin-Up/Open House
• Charrette Closing Presentation (First Draft FBC - RFP 3a)
• Facilitate up to one (1) phone meeting with City Staff to discuss the Charrette Closing Presentation
City Deliverables:
• Select Staff to participate in the charrette. The Opticos Team will work with City Staff to identify roles and
responsibilities for city staff during the charrette. Typical responsibilities include staff presence at key meetings and
public sessions, assistance with sign-ins and participant guidance, and logistical support.
Task E: Form-Based Code (FBC) Assistance and Regulating Plan Draft Preparation (Month 4-5)
1. Assist Staff with preparation of FBC and Regulating Plan Administrative Draft: Using the Final Code Outline from
sub-task C.1, and the FBC posters prepared during the charrette, Opticos will prepare draft Regulating Plans, and
advise City Staff to translate the development standards from the charrette Code posters to the applicable sections of the
SmartCode. Advising is anticipated with regards to the following sections:
a. Building Form Standards
b. Frontage Type Standards
c. Civic Space Standards
d. Supplemental Standards (e.g., Parking)
e. Walkable Community Plan (Site Layout) Standards
f. Thoroughfare Standards
g. Procedures
2. Meetings to Review Administrative Draft Form-Based Code and Regulating Plans: The Opticos Team will attend
meetings with City Staff.
a. Meet with City staff to discuss Form-Based Code and Regulating Plans Administrative Draft: The City
shall organize the meeting(s) to discuss the Form-Based Code and Zoning Map Administrative Draft with
Opticos.
b. Conference Calls: The Opticos Team and the City shall have up to four (4) conference calls to advise on the
development of the Form-Based Code and Regulating Plan Administrative (Each conference call up to
maximum 4 hours).
Deliverables:
• Administrative Draft Regulating Plans (RFP 3b.)
Deliverables from City:
• Organization and scheduling of meetings with City Staff
• Administrative Draft Form-Based Code
Task F: FBC Public Hearing Draft Preparation (Months 5-6)
1. Assist Staff with preparation of Form-Based Code Public Hearing Draft: The Opticos Team will advise City staff to
prepare the Public Hearing Draft of the Form-Based Code and Regulating Plans.
2. Planning Commission and City Council Public Hearings: The Opticos Team shall attend up to two (2) additional
public meetings with boards, commissions, or the City Council. Additional meetings beyond these two will be attended
as needed on a time and expense basis.
3. Assist Staff with preparation of Form-Based Code Final Draft: The Opticos Team will advise City staff to prepare the
Final Draft of the Form-Based Code and Regulating Plans based on input received during the Public Hearings.
Deliverables: None
Deliverables from City:
• Public Hearing Draft Form-Based Code
• Final Draft Form-Based Code
• Organization and scheduling of public workshops, meetings with City Staff, Planning Commission and City Council
• Timely responses to questions, memos and materials submitted for review by City Staff
Other Terms
• This project scope and the associated fee and timeline assume that City staff will utilize the SmartCode v9.2 or other
mutually-agreed-upon public domain code template to create the Form-Based Code. Any requests for major deviations
from the template (e.g., changes to the use table organization or approach, significant customized content, or
reformatting with different fonts or to a different page design layout) are not included in this scope and may need to be
considered as part of a contract amendment for an additional fee.
• The City is responsible for providing all necessary base information regarding the site and any project requirements
before design commences. Opticos is not responsible for any errors, omissions, or changes required due to late,
incorrect, or missing base information.
• All deliverables by the Opticos Team shall be provided in pdf format, unless otherwise stated above. Final draft
regulating plans can be provided in .ai, .dwg, or other agreed-upon vector-based format.
• Opportunities for the City to review and comment on the Opticos Team’s deliverables are provided in the above scope
of work. Therefore, each submission to the City of a deliverable shall be considered the final version of that deliverable,
and the Opticos Team shall provide no further revisions to that deliverable.
• Additional meetings, conference calls, and visits beyond those listed above will only be attended, as needed, for an
additional fee.
• The City recognizes that adoption of the From-Based Code and Zoning Map into law is a public process that the
Opticos Team cannot control. Therefore, the Opticos Team cannot guarantee that the Form-Based Code and Zoning
Map will be adopted into law.
• The final dates for all visits must be set at least 4 weeks in advance in order for the Opticos Team to guarantee
attendance.
• Opticos Design, Inc. reserves the right to negotiate the City’s Professional Service Agreement terms and conditions.
Opticos Design, Inc. A
A Task A: Bi-Monthly Check-In Calls (Kick-Off Call)
B Task B: Project Kick-Off and Site Tour
C Task C: Pre-Charrette Conference Call/Coordination with Stakeholders
D Task D: 4-Day FBC Testing Charrette (Final Charrette Presentation Draft FBC Standards for Public Review and Comment - RFP 3a.)
E Task E: Administrative Draft FBC (RFP 3b.)
F Task F: Public Hearing Draft FBC (RFP 4b.)
G Task G: Final Draft FBC (RFP 4b.)
July
2017
August
2017
September
2017
October
2017
November
2017
December
2017
Task A A
Task B B
Task C C
Task D D
Task E E
Task F F G
Milestones
Schedule
Task Opticos LWC Fisher Town Design MJB Model (SSU/Vendor)Total
A Project Management $9,006 $10,566
A.1 Bi-Monthly Phone Meetings $4,044 $1,560 $5,604
A.2 Project Management $4,962 $4,962
B Project Kick-Off and Initial Review of Background
Data
$15,710 $3,255 $1,900 $20,865
B.1 Visit 1: Project Initiation Meeting & Site Tour $6,060 $1,695 $1,000 $8,755
B.2 Background Data Request $1,251 $1,251
B.3 Community Involovement & Charrette Strategy $1,923 $300 $2,223
B.4 Review Background Documents $6,476 $1,560 $600 $8,636
C Pre-Charrette Preparation $18,776 $2,730 $10,000 $31,506
C.1 Prepare Outline of FBC $2,870 $780 $3,650
C.2 Charrette Preparation $27,856$10,000
D Visit 2: 4-Day FBC Testing Charrette & Post
Activities
$44,644 $8,550 $7,650 $10,500 $1,200 $72,544
D.1 Pre-Charrette Logistics $5,504 $600 $6,104
D.2 4 -Day FBC Testing Charrette (first draft - RFP 3a)$34,744 $8,550 $7,050 $10,500 $1,200 $62,044
D.3 Charrette Summary Package $4,396 $0 $0 $4,396
E Prepare Admin Draft FBC $15,602 $7,545 $1,200 $24,347
E.1 Assist with Admin Draft FBC (second draft - RFP 3b)$17,414
E.2 Visit 3: Meeting to Present Admin Draft FBC w/ Staff $5,238 $1,695 $6,933
F Prepare Public Hearing Draft & Final Draft FBC $14,958 $3,120 $18,078
F.1 Assist with Public Hearing Draft FBC (refinements - RFP 4a)$4,496 $2,340 $6,836
F.2 Meeting w/ City Staff to Discuss Public Hearing Draft $2,544 $2,544
F.3 Visit 4: Planning Commission Hearing (1)$2,544 $2,544
F.4 Visit 5: City Council Hearing (1)$2,394 $2,394
F.5 Additional Revisions to Finalize FBC (refinments - RFP 4a)$2,970 $780 $3,750
G Project Closeout $304 $304
G.1 Project Closeout $304 $304
TOTAL FEES $119,000 $26,760 $10,750 $10,500 $11,200 $178,210
Total Ho urs 592
Additional Terms:
1 Budget does not include rental or purchasing fees for space or equipment for workshops, charrettes and other meetings. (Consultant to bring computers
and drafting supplies.) Consultant will not be responsible for any such planning or expenses.
2 Budget does not include food for participants other than the design team for workshops, charrette and working sessions.
3 Budget does not include postage associated with public outreach and marketing.
4 Budget does not include installation of any and all public outreach media including but not limited to banners and signage.
5 In the interest of environmental considerations, the consultant will provide a PDF file of each deliverable unless otherwise specified.
6 Client shall be paid on a fee basis for performance of services under this agreement in accordance with the table above.
7 Any additional tasks performed outside of those specified above, such as attending additional meetings or completing additional revisions beyond the
hours or number of revisions specified above, will be compensated at the hourly rates listed in the table above (subject to increase by five percent (5%) on
January 1 of each calendar year occuring during the term of this agreement.)
E. Fees
$10,364 $5,850
$1,560
$1,200
132 64 40
$15,906 $1,950
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1126651v3 80078/0012 v2012-09
EXHIBIT C
Insurance Requirements to Agreement for Design Professional Services
Form Based Code for the Central Rohnert Park Downtown District Amenity Zone
Design Professional shall, at all times it is performing services under this Agreement, provide
and maintain insurance in the following types and with limits in conformance with the
requirements set forth below. Design Professional will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here,
Design Professional agrees to amend, supplement or endorse the existing coverage to do so.
Design Professional acknowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance proceeds available
to Design Professional in excess of the limits and coverage required in this agreement and that is
applicable to a given loss will be available to City.
1. Commercial General Liability Insurance, occurrence form, using Insurance
Services Office ("ISO") "Commercial General Liability" policy form CG 00 01 or an approved
equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence;
2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01
including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design
Professional or its employees will use personal autos in any way in connection with performance
of the Services, Design Professional shall provide evidence of personal auto liability coverage
for each such person.
3. Workers Compensation on a state-approved policy form providing statutory
benefits as required by law with employers liability insurance, with minimum limits of
$1,000,000 (One Million Dollars) per occurrence.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements shall provide coverage at least as broad as specified for the underlying coverages.
Any such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum self-insured retention for liability not
covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on
behalf of" basis, with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time insured's liability is determined, not requiring actual
payment by insured first. There shall be no cross-liability exclusion precluding coverage for
claims or suits by one insured against another. Coverage shall be applicable to City for injury to
employees of Design Professional, subconsultants or others involved in performance of the
Services. The scope of coverage provided is subject to approval of City following receipt of
proof of insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 (Two Million Dollars) per occurrence.
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1126651v3 80078/0012 v2012-09
5. Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Design Professional and "Covered Professional Services" as designated in the
policy must include the type of work performed under this Agreement. The policy limit shall be
no less than $2,000,000 (Two Million Dollars) per claim and in the aggregate.
6. Insurance procured pursuant to these requirements shall be written by insurers
that are authorized to transact the relevant type of insurance business in the State of California
and with an A.M. Bests rating of A- or better and a minimum financial size VII.
7. General conditions pertaining to provision of insurance coverage by Design
Professional. Design Professional and City agree to the following with respect to insurance
provided by Design Professional:
A. Design Professional agrees to have its insurer endorse the third party
general liability coverage required herein to include as additional insureds the City, its officers,
elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG
2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require
all contractors, and subcontractors to do likewise.
B. No liability insurance coverage provided to comply with this Agreement,
except the Business Auto Coverage policy, shall prohibit Design Professional, or Design
Professional's employees, or agents, from waiving the right of subrogation prior to a loss.
Design Professional agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors to do
likewise.
C. All insurance coverage and limits provided by Design Professional and
available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations
limits the application of such insurance coverage.
D. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
E. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
F. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises, and City shall be
responsible for the cost of any additional insurance required. Design Professional shall not make
any reductions 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.
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1126651v3 80078/0012 v2012-09
G. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Design Professional's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City may terminate this agreement in accordance with Section 19 of the
Agreement.
H. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Design Professional agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
I. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Design Professional or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
J. Design Professional agrees to ensure that subconsultants, and any other
party involved with the Services who is brought onto or involved in the Services by Design
Professional, provide the same minimum insurance coverage required of Design Professional;
provided, however that only subconsultants performing professional services will be required to
provide professional liability insurance. Design Professional agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Design Professional agrees that upon request,
all agreements with subcontractors and others engaged in the Services will be submitted to City
for review.
K. Design Professional agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, architect, consultant or other entity or person in any
way involved in the performance of work on the Services contemplated by this agreement to
self-insure its obligations to City. If Design Professional's existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention must be declared to
the City. At that time the City shall review options with the Design Professional, which may
include reduction or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
L. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Design Professional ninety
(90) days advance written notice of such change. If such change results in additional cost to the
Design Professional, and the City requires Design Professional to obtain the additional coverage,
the City will pay Design Professional the additional cost of the insurance.
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1126651v3 80078/0012 v2012-09
M. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
N. Design Professional acknowledges and agrees that any actual or alleged
failure on the part of City to inform Design Professional of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
O. Design Professional will endeavor to renew the required coverages for a
minimum of three years following completion of the Services or termination of this agreement
and, if Design Professional in unable to do so, Design Professional will notify City at least thirty
days prior to the cancellation or expiration of the policy or policies.
P. Design Professional shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Design Professional's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage must
be provided to City within five days of the expiration of the coverages.
Q. The provisions of any workers' compensation or similar act will not limit
the obligations of Design Professional under this agreement. Design Professional expressly
agrees that any statutory immunity defenses under such laws do not apply with respect to City,
its officers, elected officials, employees, agents, and volunteers.
R. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all-inclusive.
S. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here to be interpreted as
such.
T. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
U. Design Professional agrees to be responsible for ensuring that no contract
entered into by Design Professional in connection with the Services authorizes, or purports to
authorize, any third party to charge City an amount in excess of the fee set forth in the agreement
on account of insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for the cost
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1126651v3 80078/0012 v2012-09
of complying with these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
V. Design Professional agrees to provide immediate notice to City of any
claim or loss against Design Professional arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Creating a New Downtown
Initiating a Form-based Code
August 8, 2017
Recommended Action
Authorize City Manager to execute
contract with Opticos Design, Inc.
Creation of a Form-Based Code
Applicable to Downtown District
Key Considerations
What should Downtown look like?
◦Not “one size fits all”
How do we implement the vision?
Form-based code can:
◦Provide a street grid
◦Provide a code structure
◦Set expectations for developers
◦Tailor downtown vision to Rohnert Park
Link to SMART station
Bike / ped / vehicle / transit networks
Add to / enhance public open space
Create Downtown setting
Creation of a Downtown Rohnert Park
Downtown District Amenity Zone
Active streetscape +
amenities
Downtown sidewalks
Active retail environment
Downtown residential
What Makes a Downtown?
Inspired by local natural
environment / materials
Encourage mix of styles,
consistent with regional
vernacular
Modern but drawing from
traditional Downtowns
Unique Character
What Makes a Downtown?
Buildings at back of sidewalk
Front door facing the street
Walkable blocks
Active sidewalk areas
Safe pedestrian crossing
Downtown Streets & Pedestrian Scale
What Makes a Downtown?
Mix of Uses
Downtown and transit
supportive uses:
Dining, entertainment
Lifestyle and specialty retail
Professional jobs
Urban style living options
Civic and public uses
What Makes a Downtown?
The Town Square
The Street
Why a Form-based Code?
Build consensus on “look” of future
downtown
Give developers clear guidance
Ensure a consistent application across
downtown area
Process generates excitement!
Kick-start General Plan effort
Opticos Work Scope Summary
Charrette process
◦Focused work effort by consultant team
◦Opportunities for public input
◦Will utilize market data and real estate experts
◦Will utilize a scale model
Opticos Work Scope Summary
Code highlights
◦Regulating site plan (e.g. street grid)
◦Building form and frontage types
◦Civic space standards
◦Implementation
Schedule
Task
Month
1 2 3 4 5 6
A. Project Management
B. Kick-Off + Data
C. Pre-Charrette prep
D. Charrette
E. Draft FBC
F. Public Hearing Draft
G. Finalize FBC
Public Meeting / Hearing Day 1 Day 2 Day 3 Day 4
Open Studio
Existing Conditions Model
Focus Groups
Interviews
Property
Owner Work
Session
Market
brown bag
Open House Final
Presentation
Study FBC Alternatives
The Charrette
Day 1 Day 2 Day 3 Day 4
Open Studio
Existing Conditions Model
Focus
Groups
Interviews
Property
Owner Work
Session
Market
brown bag
Open House Final
Presentation
Study FBC Alternatives
Recommended Action
Authorize City Manager to execute
contract with Opticos Design, Inc. to
Develop a Form Based Code for
Downtown District
ITEM NO. 8
1
Meeting Date: August 8, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Cindy Bagley, Community Services Manager
Angela Beran, Management Analyst
Agenda Title: Adopt a Resolution Authorizing the City Manager to Execute an
Agreement with Credo High School for Use of the Callinan Sports
and Fitness Center
RECOMMENDED ACTION:
Staff recommends adopting a resolution authorizing the City Manager to execute an agreement
between the City and Credo High School (Credo) for use of the Callinan Sports and Fitness Center
(Sports Center) gymnasium for volleyball and basketball practices in exchange for the purchase of
a new scoreboard.
BACKGROUND:
Credo is a public charter high school that does not have a gymnasium. Credo needs space for
practices and games for girls’ volleyball and basketball as well as boys’ basketball for varsity and
junior varsity teams.
Rancho Cotate High School (RCHS) has used the Sports Center for practices for the past five years
under the context of an expired Joint Use Agreement between the City and the CRPUSD. Staff
have begun negotiations with the CRPUSD to update the agreement, at which time the CRPUSD
informed staff that it is not interested in developing an agreement with Credo to share the free use
of Sports Center.
Credo High School has applied to rent the Sports Center for the majority of their home games
during their volleyball and basketball seasons (September through February). The school would
pay regular rental rates (currently $25 per hour) for the use of the gym for games. Staff has drafted
a schedule with minimal impact to the members of the Sports Center. According to North Central
League II Division rules, the facility must have an approved scoreboard to host sanctioned games,
which the currently Sports Center does not have.
Credo’s Athletic Director has requested use of the Sports Center for practices and has put forth a
proposal for Credo to purchase and install a new scoreboard (estimated at approximately $10,275)
in exchange for practice time during the volleyball and basketball seasons. Credo has requested to
hang a school banner on the wall during their games only.
ANALYSIS:
The scoreboards at the Sports Center gym work sporadically and are in need of replacement. This
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. 8
2
opportunity with Credo would provide the Sports Center with significant financial benefit through
both facility rental revenue as well as the addition of a new scoreboard that could also be utilized
for Community Services adult sports leagues, and other basketball or volleyball game rentals in
the future. See Table 1: Credo Agreement Summary below showing the net positive benefit of the
proposed agreement to the City over the next five fiscal years.
Table 1: Credo Agreement Summary
Recipient Item Value
Credo Practice time for volleyball and
basketball teams
$10,000 over five years
City of Rohnert Park New equipment & signage:
LED Scoreboard
Shot Clocks (set of 2)
Score keeping controller & case
$10,275
Estimated Credo gym rental
revenue for games*
$1850 x 5 years = $9,250
Result for City of Rohnert Park $9,250 in rental revenue over five
years
* Revenue calculated based on current rental rates of $25/hour.
Community Services staff have investigated the opportunity to use facility fees to replace the
scoreboards in the past. By entering into this agreement with Credo, the facility fees would not
need to be used for this purpose and could be utilized for other Sports Center facility
improvements.
This agreement includes details regarding ownership, maintenance and use of the scoreboard once
installed, including that the scoreboard belongs to the City once installed and that Credo’s use of
the scoreboard will be limited to the terms of the agreement.
Staff have been in communication with Rancho Cotate High School Athletic Director to inform
him of the potential changes and impact to their use and have received confirmation that RCHS is
supportive of the shared use of the space during the basketball season as detailed in the attached
table (Exhibit B).
STRATEGIC PLAN ALIGNMENT:
Adopting a resolution to authorize the execution of an agreement with Credo is in alignment with
Strategic Plan Goal C-1: Deliver the highest quality services in the most cost-efficient manner
with an emphasis on excellent customer service.
OPTIONS CONSIDERED:
At its July 20 meeting, the Parks and Recreation Commission received a report regarding the
proposed agreement with Credo and recommended Option 1 below. The following options may
be considered:
Option 1: Approve the agreement between the City and Credo for the use of the Sports Center for
practices in exchange for the purchase and installation of a new scoreboard. As part of the
agreement, allow Credo the ability to hang a temporary banner with Credo’s name and logo at
Sports Center on game days only. Staff and Parks and Recreation Commission Recommend
this Option.
ITEM NO. 8
3
Option 2: Approve the agreement between the City and Credo for the use of the Sports Center for
practices in exchange for the purchase and installation of a new scoreboard. As part of the
agreement, request that Credo also purchase a separate 8’ x 2’ sign located above or below the
scoreboard with room for three logo spaces. The three logos could include the City, Sports Center,
and Credo. Upon completion or termination of the agreement, the City could purchase a decal to
cover Credo’s logo for approximately $50 or remove the separate 8’ x 2’ sign all together. Staff
and Parks and Recreation Commission do not recommend this option.
Option 3: Approve the agreement between the City and Credo for the use of the Sports Center for
practices in exchange for the purchase and installation of a new scoreboard, but do not allow Credo
to display any form of branding at Sports Center. Staff and Parks and Recreation Commission do
not recommend this option.
Option 4: Do not approve the agreement between the City and Credo. Staff and Parks and
Recreation Commission do not recommend this option.
FISCAL IMPACT/FUNDING SOURCE:
CRPUSD has received access to Sports Center at no charge from 3:30 – 8pm Monday through
Friday from November to February for the last five school years for practices (valued at
approximately $8,500 per year). The use of the Sports Center during these reserved hours has been
sporadic and staff have not requested a specific calendar for use in the past.
Credo would pay $25 per hour for games held at Sports Center and would take some of the days
that CRPUSD has utilized for practices in the past. Staff estimates a total of approximately $9,250
in new revenue resulting from Credo game rentals over the next five years.
Credo is interested in purchasing a new scoreboard for Sports Center gym in exchange for
complimentary use of the space for volleyball and basketball practices for four years. As part of
the proposed MOU:
1) Credo would purchase a new 8’ x 6’ x 8” scoreboard and a pair of 2’ x 2’ x 2” shot/game
clocks to be installed at Sports Center ($10,275 quote from vendor, including additional
equipment and accessories)
2) The City would provide Credo volleyball and basketball practice space at the Sports Center
for up to five years (approximately 85 hours per school year, not to exceed 100 hours per
school year).
Department Head Approval Date: July 24, 2017
Finance Director Approval Date: N/A
City Attorney Approval Date: July 24, 2017
City Manager Approval Date: July 27, 2017
Attachments (list in packet assembly order):
1) A Resolution of the City Council of the City of Rohnert Park, California, Authorizing
the City Manager to Execute an Agreement with Credo High School for Use of the
Callinan Sports & Fitness Center and Related Actions
2) Exhibit A: Agreement with Credo High School
3) Exhibit B: Proposed 2017-2018 Callinan Sports and Fitness Center Fall-Winter Gym
Schedule
4) Exhibit C: Proof of Scoreboard
1
2017-103
RESOLUTION NO. 2017-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CREDO HIGH SCHOOL FOR USE OF THE CALLINAN
SPORTS AND FITNESS CENTER AND RELATED ACTIONS
WHEREAS, the City of Rohnert Park (“City”) has outdated scoreboards at the Callinan
Sports and Fitness Center that work sporadically and are in need of replacement; and
WHEREAS, Credo High School does not have a gym and is need of space for team
practices and games for volleyball and basketball; and
WHEREAS, the City desires to identify new and innovative ways to increase revenue;
and the new equipment will create opportunities for new rental customers at the Callinan Sports
& Fitness Center gym.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Agreement with Credo High School attached hereto as Exhibit “A” (“Agreement”)
is approved; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Agreement, subject to minor modifications by the City Manager or City
Attorney, and take all actions necessary to effectuate the implementation of the Agreement.
DULY AND REGULARLY ADOPTED this 8th day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A
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City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
AGREEMENT
THIS AGREEMENT is entered into as of the 8th day of August, 2017 by and between the
CITY OF ROHNERT PARK (“City”), a California municipal corporation, and CREDO HIGH
SCHOOL (“School”), a California public charter school (collectively “Parties”).
RECITALS
WHEREAS, the School desires use of certain City facilities at Callinan Sports and Fitness
Center located at 5405 Snyder Lane (the “Sports Center”) for the benefit of its basketball and
volleyball teams; and
WHEREAS, in order for the School to use the Sports Center facilities for athletics, the
facilities will require updating; and
WHEREAS, City desires to replace outdated portions of the Sports Center facilities,
including obtaining a new scoreboard, shot clocks, and related scorekeeping equipment that meets
the minimum requirements of local and regional high school athletics leagues (the “Work”); and
WHEREAS, School hereby warrants to the City that School will obtain services of a skilled
contractor/consultant to perform the Work, as described in Section 3 of this Agreement; and
WHEREAS, in reliance on such warranty, City is willing to allow the School to perform
the Work on the City’s Sports Center facilities under the terms and conditions set forth herein; and
WHEREAS, School desires to complete the Work in order to obtain from the City rental
services of the Sports Center facilities on such terms and conditions as set further set forth herein;
and
WHEREAS, the City is willing to rent certain Sports Center facilities to the School on such
terms and conditions upon completion of the Work;
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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 Community Services Manager, Cindy Bagley is hereby
designated as the Project Manager. The Project Manager shall supervise the progress and
execution of this Agreement.
B. School. The School Athletic Director, Kim Holland will have overall
responsibility for the progress and execution of this Agreement for the School.
3. Scope and Performance of Services
A. Scope of Work. Subject to such policy direction and approvals as the City
through its staff may determine from time to time, School shall be responsible for the “Scope of
Work” attached hereto as Exhibit A and incorporated herein by reference. School shall be
responsible for oversight and performance of the selected contractors and subcontractors.
B. Time of Performance. The services of School with regards to the Work 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. All such services are to be completed within
ninety (90) days of written notice to proceed from City.
C. Standard of Quality. City relies upon the professional ability of School’s
selected contractor/consultant as a material inducement to entering into this Agreement. School
shall be responsible for ensuring that all work performed under this Agreement is in accordance
with all applicable legal requirements and shall meet the standard of quality ordinarily to be
expected of competent professionals.
4. School Responsibility for Contractor’s Performance; Compensation for Work.
A. Compensation. School’s compensation for the performance of the Work
under the terms of this Agreement shall be shall expressly and solely limited to the in-kind services
to be provided by the City and the waiver of rental fees of the Sports Center facilities, under the
terms and conditions set forth in Exhibit B. School agrees that it is not entitled to any monetary
payment of any kind under this Agreement, and that such in-kind services and waiver of rental
fees are non-transferrable and have no cash value in the event of suit.
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B. School Solely Responsible. School shall be responsible for all oversight,
management, and compensation of its contractor and any subcontractors. The City shall not be
responsible for any disputes between School and its contractors, consultants, or subcontractors,
nor will City mediate or resolve any such disputes. Regardless of the cause or fault of any party,
School shall be responsible for paying all compensation, premiums, overtime, benefits, sick leave,
administrative leave, and any other forms of compensation as may arise out of the School’s
performance of the Scope of Work, including any unanticipated increases in the cost of such work
being performed by its contractors, consultants, or subcontractors. School shall make no claims
against City for any such amounts.
C. No Waiver. Performance 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 such
performance.
D. Taxes. School shall pay any 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 School.
E. Litigation Support. School agrees to testify at City’s request if litigation is
brought against City in connection with School’s performance of the Scope of Work.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the School. In such event, the time of
performance and Scope of Work shall be subject to renegotiation upon written demand of either
party to the Agreement. School shall not commence any work exceeding the Scope of Work
without prior written authorization from the City. Failure of the School to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to adjustment
in the Agreement, 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 for five years, amended pursuant to Section 21, or otherwise
terminated as provided herein.
7. Inspection. School shall furnish City with every reasonable opportunity for City to
ascertain that the services of School 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
School of any of its obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all work papers compiled by the School under the
Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any
person, firm, corporation, or agency without the expressed written consent of the City. Data prepared
or obtained under the Agreement shall be made available, upon request, to City without restriction or
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limitations on their use. School 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. School’s working papers, including audit programs, analytical review schedules, and
statistical sampling results, analyses and schedules are the School’s property.
9. Employment of Other Contractors, Consultants, Specialists or Experts. School will
not employ or otherwise incur an obligation to pay other contractors, consultants, specialists or
experts for services in connection with this Agreement without the prior written approval of the
City.
10. Conflict of Interest. School covenants and represents that neither it, nor any officer
or principal, 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 School’s performance of services under this Agreement, or be affected in any manner
or degree by performance of School's services hereunder. School 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, consultant, contractor, or subcontractor without the express written
consent of the City. School 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.
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 School or
otherwise in the event of any default or breach of the City, or for any amount which may become
due to School or any successor in interest, or for any obligations directly or indirectly incurred
under the terms of this Agreement.
12. Indemnity. To the fullest extent permitted by law, School 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 School, its officers, employees, agents, consultants, contractors, 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. School’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 School under Worker's Compensation, disability or
other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by School 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.
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13. School Not an Agent of City. School, its officers, employees, contractors, and
agents shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that School, in the performance of
the work and services agreed to be performed by School, shall act as and be an independent
contractor and not an agent or employee of City; and as an independent contractor, School shall
obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and
School hereby expressly waives any claim it may have to any such rights.
15. Compliance with Laws.
A. General. School shall ensure that its contractors and consultants use the
standard of care in its profession to comply with all applicable federal, state, and local laws, codes,
ordinances, and regulations. School represents and warrants to City that School and School’s
contractors and consultants shall 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
performance of the Work. The City is not responsible or liable for School's failure to comply with
any or all of the requirements contained in this paragraph.
B. Workers’ Compensation. School 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 School 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. School 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 School’s failure
to comply with any and all of its requirements under this section and Agreement.
E. Waiver of Subrogation. School and School’s insurance company agree to
waive all rights of subrogation against City, its officers, elected officials, employees, agents and
volunteers for losses paid under School's workers’ compensation insurance policy which arise
from the work performed by School for the City.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for School 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; Contractors; Subcontractors; Employees
A. Assignment. School 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
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approval shall be void and, at the City’s option, shall immediately cause this Agreement to
terminate.
B. Contractors; Subcontractors; Employees. School shall be responsible for
employing or engaging all persons necessary to perform the services of School hereunder. No
contractor or subcontractor of School shall be recognized by the City as such; rather, all contractors
and subcontractors are deemed to be employees of the School, and School agrees to be responsible
for their performance. School shall give its attention to the fulfillment of the provisions of this
Agreement by all of its employees, contractors, and subcontractors, if any, and shall keep the work
under its control. If any employee, contractor, or subcontractor of School 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.
18. Insurance. Without limiting School’s indemnification provided herein, School
shall comply with the requirements set forth in Exhibit C to this Agreement.
19. Termination of Agreement; Default.
A. If School 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 for cause
immediately upon written notice.
B. School may terminate the Agreement at any time, with or without cause,
upon 30 days written notice to the City. In event of such termination, School shall not be entitled
to any monetary compensation in any form whatsoever, nor shall it be entitled to any further
services from the City. In the event that School completes the performance of the Scope of Work
before such termination, it shall not be entitled to return of any equipment installed or
compensation for the value of such services performed. School’s compensation shall be limited
by the terms set forth in Paragraph 4, subdivision (A), regardless of the City’s respective
performance or non-performance of the Agreement.
C. Upon termination of this Agreement, School shall turn over to the City
Manager immediately copies of studies, computations, and other data, whether or not completed,
prepared by School or its contractors or subcontractors, if any, or given to School or its
subcontractors, if any, in connection with this Agreement. Such materials shall become the
permanent property of the City. School shall be entitled to retain copies of such documents and
shall not be required to erase all electronic backup copies or data. As stated above in section 8,
School’s working papers remain the property of School. School, 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
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unfavorable conditions or to the failure on the part of the School to perform any provision of this
Agreement.
21. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and School 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 School. 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 prevailing party. In awarding attorneys’ fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc.
shall be addressed to the other party at the address set forth 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: Cindy Bagley, Community Services Manager
City of Rohnert Park
5401 Snyder Lane
Rohnert Park, CA 94928
If to School: Kim Holland, Athletic Director
Credo High School
1300 Valley House Drive, Suite 100
Rohnert Park, CA 94928
26. School’s Books and Records.
A. School shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents 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 shall be made available for inspection or audit, at any time during regular business
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hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to 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 School’s address indicated for receipt of notices in this Agreement.
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. School is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. School will not discriminate against any employee or applicant for employment
because of race, age, sex, creed, color, sexual orientation, marital status or national origin. School
will take affirmative action to ensure that applicants are treated during such employment without
regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such
action shall include, but shall not be limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. School 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.
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:
A. Exhibit A: Scope of Work
B. Exhibit B: Sports Center Fee Waiver and Use Terms
C. Exhibit C: Insurance Requirements
D. Exhibit D: Application for Use of City Facility
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
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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 news releases, media interviews, testimony at
hearings and public comment regarding this Agreement 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.
IN WITNESS WHEREOF, the City and School have executed this Agreement as of the date first
above written.
CITY OF ROHNERT PARK
SCHOOL
By:
__________________________________
City Manager
By:
Title:
Date: Date:
APPROVED AS TO FORM:
By:
__________________________________
City Clerk
Exhibit A
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EXHIBIT A
SCOPE OF WORK
School shall be responsible for performing the following Work:
1. Work Defined. School shall procure, pay for, and deliver, at its sole cost and
expense the following equipment detailed in the quotation created by Nevco (School’s selected
equipment vendor) on July 25, 2017 for Kim Holland, attached hereto as Exhibit E and
incorporated herein:
Basketball/Volleyball/Wrestling LED Scoreboard; MPC/MPCW Control Carrying Case;
Controller MPCW-7 (Wired or Wireless); Receiver MPCW-7 (Wireless) for indoor
scoreboards; Slim Shot Clock & Game Clock LED Display (Set of 2) – Black
This equipment shall be procured by the School from Nevco and installed by Nevco.
Any substitutions of equipment or the installer require approval by the Project Manager. School
shall be responsible for procurement of any additional ancillary components necessary to ensure
proper operation or installation of the above equipment, including but not limited to any power
cords, cabling, conduit, and/or mounting hardware.
School shall be responsible for installation of all procured equipment at the Sports Center
gymnasium, and shall coordinate installation with the City and Nevco. School shall be
responsible for any related permitting or inspection costs, and shall ensure that the installation is
conducted in a professional manner and conforms to all applicable codes, regulations, and laws.
The Work shall be completed by September 30, 2017.
2. Ownership of Completed Work. Upon satisfactory installation of the Work,
ownership of all installed equipment shall immediately transfer to the City.
3. City’s Responsibilities with Respect to the Work. City shall coordinate with
School and Nevco regarding installation. Upon satisfactory completion of the Work by School,
City shall also waive rental fees for use of the Sports Center upon the terms and conditions set
forth in Exhibit B.
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EXHIBIT B
SPORTS CENTER FEE WAIVER AND USE TERMS
In exchange for the School’s satisfactory performance of the Work, City shall make available use
of the City’s Sports Center upon the following terms and conditions:
1. Availability. City shall ensure availability of the Sports Center gymnasium
facilities for the use of the School’s basketball and volleyball teams for a five-year period
following completion of the Work. To ensure such availability, School shall be responsible for
providing City with a proposed schedule by July 31st prior to the start of the school year. The
proposed schedule shall be subject to approval of the City. School shall be responsible for rental
fees for all scheduled use hours in accordance with Paragraph 4 of this Exhibit B.
2. Application. Each year, School shall fill out an Application for Use of City
Facility, an example of which is attached as Exhibit D. School shall adhere to the terms and
conditions set forth in the Facility User Agreement and any other policies or requirements that
the City generally applies to rental users of City property, as such requirements may be updated
from time to time.
3. Insurance. School shall obtain property damage and public liability insurance in
the amount of $1,000,000 for use of the Sports Center. The City of Rohnert Park must be named
as additional insured on the certificate of insurance, and School shall obtain any additional
endorsements as may be required. City may alter this insurance requirement upon 60-days ’
notice to the School.
4. Waiver of Fees. City shall waive up to 100 hours in standard rental fees for use
of the Sports Center gymnasium each school year during the five-year term of this Agreement.
However, during the five-year term of this agreement the City shall waive a maximum of
$10,000 in standard rental fees for use of the Sports Center gymnasium. School may not
transfer or carry-over such waiver of fees to another person or entity, nor use such fee waiver
during any subsequent period.
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, School will ensure that it as well as any
consultant, contractor or subcontractor maintain insurance in conformance with the requirements set forth
below. School shall use existing coverage to comply with these requirements, and shall require its
consultants, contractors, and subcontractors to do the same. If existing coverage does not meet the
requirements set forth here, School agrees to, and shall cause its consultants, contractors and
subcontractors to, amend, supplement or endorse the existing coverage to do so. School 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.
School shall obtain and require its contractors, consultants, or subcontractors, as applicable, to obtain 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 $1,000,000 (One Million
Dollars) per accident. If School (or contractor, consultant, or subcontractor, as applicable) owns no vehicles,
this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described
above. If the employees of School (or contractor, consultant, or subcontractor, as applicable) will use
personal autos in any way on this project, School (or contractor, consultant, or subcontractor, as applicable)
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 School,
contractors/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 School (or contractor,
consultant, or subcontractor, as applicable) 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
$1,000,000 (One Million Dollars) per claim and in the aggregate. The policy must "pay on behalf of" the
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insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date
shall be on or before the effective date of this Agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by School. School and City agree to the
following with respect to insurance provided by School.
1. School 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. School also
agrees to require all consultants, contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit School, or
School's employees, or agents, from waiving the right of subrogation prior to a loss. School agrees to
waive subrogation rights against City regardless of the applicability of any insurance proceeds, and
to require all consultants, 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. School 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 School'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 School or deducted
from sums due School, at City option.
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9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. School 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 School, its consultants, contractors, or any subcontractors, is intended to apply first and on a
primary, noncontributing basis in relation to any other insurance or self-insurance available to City.
11. School agrees to ensure that consultants, contractors, subcontractors, and any other party involved
with the project that is brought onto or involved in the project by School, provide the same minimum
insurance coverage required of School. School 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. School agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
12. School 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 School'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 School, which may include
reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or
other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the School ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the School, 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. School acknowledges and agrees that any actual or alleged failure on the part of City to inform School
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. School 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. School shall provide proof that policies of insurance required herein expiring during the term of this
Agreement have been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder
or letter from School'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.
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18. The provisions of any workers' compensation or similar act will not limit the obligations of School
under this agreement. School 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. School 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 School 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. School agrees to provide immediate notice to City of any claim or loss against School 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.
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EXHIBIT D
APPLICATION FOR USE OF CITY FACILITY
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EXHIBIT E
NEVCO QUOTE
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CERTIFICATE OF SCHOOL
I, HEREBY CERTIFY that I am Kim Holland, Athletic Director, of Credo High School
whose address is 1300 Valley House Drive, Suite 100, Rohnert Park, CA, 94928 and that I here
represent that Credo High School has not:
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 School) 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 School) 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
Attachment 3: Exhibit B
Proposed 2017-2018 Callinan Sports and Fitness Center Fall-Winter Gym Schedule
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
AUGUST 4:30-6:30 Credo VB
7-10 open VB
SEPT *Credo VB Game 4:30-8pm 4:30-6:30 Credo VB *Credo VB Game 4:30-8pm
7-10 open VB
OCT 4:30-6:30 Credo VB *Credo VB Game 4:30-8pm
9a-7p Adult BB (Late Oct)5:15-10:15 Adult BB (Oct 1)7-10 open VB
NOV 9a-7p Adult BB 315-5pm Credo (2nd wk Nov)315-5pm RCHS (2nd wk Nov)315-5pm Credo (2nd wk Nov)315-5pm RCHS (2nd wk Nov)315-5pm RCHS (2nd wk Nov)
5-7:30 CYO (Nov 1)5:15-10:15 Adult BB 5-6:30 CYO (Nov 1)5-7:30 CYO (Nov 1)5-7:30 CYO (Nov 1)
7-10 open VB
DEC 9a-7p Adult BB 315-5pm Credo 315-5pm RCHS 315-5pm Credo 315-5pm RCHS 315-5pm RCHS
5-7:30 CYO 5:15-10:15 Adult BB 5-6:30 CYO 5-7:30 CYO 5-7:30 CYO
7-10 open VB
JAN 9a-7p Adult BB (ends 1/15)315-5pm Credo 315-5pm RCHS 315-5pm Credo 315-5pm RCHS 315-5pm RCHS
5-7:30 CYO 5-7:30 CYO 5-6:30 CYO 5-7:30 CYO 5-7:30 CYO
*Credo BB Game 2:30-9:30 7-10 open VB *Credo BB Game 2:30-9:30 *Credo BB Game 2:30-9:30
FEB Apache Soccer 12-6p 315-5pm Credo 315-5pm RCHS (thru 2/10)315-5pm Credo 315-5pm RCHS (thru 2/10)315-5pm RCHS (thru 2/10)
5-7:30 CYO 5-7:30 CYO 5-6:30 CYO 5-7:30 CYO 5-7:30 CYO
*Credo BB Game 2:30-9:30 7-10 open VB *Credo BB Game 2:30-9:30 *Credo BB Game 2:30-9:30
* Credo VB Game Days 9/5, 9/14, 9/19, 9/26, 10/12
* Credo Game Days 1/9,1/16, 1/18, 1/23, 1/27, 2/2, 2/6, 2/13
Green Credo Volleyball
Red Drop-in Volleyball
Yellow Rancho Basektball
Blue Adult Sports League
Orange Credo Basketball
Purple CYO (Rental)
Pink Apache Soccer (Rental)
Attachment 4: Exhibit C
Proof of Scoreboard
About Credo High School:
◦Public Charter School –Waldorf Based
◦Leases buildings from SOMO for their school site
◦Indoor Sports teams do not have a “home court”
Volleyball practices outdoors & plays “away” games only
Basketball practices & plays “home” games in Santa Rosa
2
Rental of the Callinan Sports and Fitness Center
for:
1.Volleyball and Basketball practices in exchange for a
new scoreboard
2.Volleyball and Basketball games at current rental rate
3
Rental Rate = $25 per hour
Use of the Callinan Sports and Fitness Center
for practices in exchange for a new scoreboard
◦Scoreboard valued at approximately $10,275
◦Practice time valued at $10,000
Five year agreement
100 hours per school year maximum
4
5
Scoreboard Design
8’
5’11”
Callinan Sports and Fitness Center scoreboards are in
need of replacement
Revenue generating opportunity from gym rental for
Credo HS games
New rental opportunities
6
Benefits members of the community
Modernizes and updates an essential
amenity without using City funds
7
8
Summary
Recipient Item Value
Credo Practice time for volleyball
and basketball teams
$10,000 over five years
City of
Rohnert Park
New equipment &
signage:
LED Scoreboard
Shot Clocks (set of 2)
Score keeping
controller & case
$10,275
Estimated Credo gym
rental revenue for games
$1850 x 5 years =
$9,250
Result for City of Rohnert Park:
$9,250 in rental revenue
over five years
A new scoreboard
1.Approve agreement between the City and Credo High School:
Credo would get practice time in exchange for purchase of
scoreboard & playing games
Branding options
A.Credo would hang a temporary banner during games
B.Credo would purchase a separate 8 x 2 permanent sign and
place three logos (Credo, Sports Center, & City logos)
C.Credo would not be allowed to display any form of branding at
any time
2.Do not approve agreement with Credo High School for use of
the Sports Center in exchange for a new scoreboard.
9
ITEM NO. 9
1
Meeting Date: August 8, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Purchase and Sales Agreement with Kandy Investments for the
Purchase of 6250 State Farm Drive
RECOMMENDED ACTION: Approve Resolution to enter into Purchase and Sales
Agreement with Kandy Investments, LLC for the purchase of property located at 6250 State
Farm Drive in Rohnert Park and to authorize the City Manager to execute documents and take
actions necessary to effectuate the purchase.
BACKGROUND: Developing a downtown in Rohnert Park is one of the City’s highest
priorities, as reflected in the Strategic Plan adopted for 2017. This was also the top desired
change in Rohnert Park identified by residents in a Community Survey completed earlier this
year.
While development of a robust downtown is still some time away, there has been progress in the
last year or so:
• In 2016, the City Council adopted a Priority Development Area (PDA) plan for the area
roughly centered on Rohnert Park Expressway and State Farm Drive. This plan includes
flexible zoning, increased housing densities, and other changes that make a downtown
more viable. The plan features the creation of a Downtown District of approximately 50
acres to create a hub of activity within central Rohnert Park. The area will include a
vibrant mix of retail, office, and residential uses, centered at the intersection of Rohnert
Park Expressway and State Farm Drive.
• Also in 2016, the City Council approved a Preliminary Development Plan for the former
State Farm property. This Plan anticipates development that will result in a strong ‘sense
of place’ unique to Rohnert Park, immediately across Rohnert Park Expressway from the
property at 6250 State Farm Drive.
• The SMART station has been completed, and regular service is expected to begin later
this year.
• There is new ownership of key properties, including Padre Town Center, which was
bought by a developer who sees the property as a place similar to the City’s downtown
vision, with a mix of uses in a walkable environment.
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. 9
2
In addition, the City has two major facilities in the City Center area that is also part of the future
downtown, including the main Public Safety Station and the Library. Civic buildings are often
cornerstones to downtown development.
ANALYSIS: The property at 6250 State Farm Drive is a key opportunity site for the future
downtown. The site is nearly one acre and it occupies one of the most visible corners in the City,
at the very core of the downtown in between the State Farm site and Padre Town Center.
Purchasing this property gives the City control of future development of this crucial location. By
comparison, the City was able to establish requirements for development of the Stadium Lands
site we are selling, including a high-quality hotel, a new park, and additional fees on new
apartments. Or, the City could retain the site for future civic uses.
City staff have met with numerous developers interested in building a downtown for Rohnert
Park. They are always concerned with the City’s interest and plans, including the degree of City
commitment to the vision in our planning documents. Buying a highly-visible, central location in
the heart of our future downtown demonstrates that the City is bullish on our future downtown
and meeting the desires of our residents, and is willing to make a civic investment in that future.
The Purchase and Sales Agreement provides for a purchase price of $1,850,000 (the listed price
for this property) and includes a 30 day due diligence period for the City to complete inspections
of the property and to receive an appraisal. Escrow is scheduled to close within 15 days of the
end of the due diligence period.
ALIGNMENT WITH STRATEGIC PLAN: The purchase of the property is consistent with
developing a vibrant community.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends approving the resolution to enter into a
purchase and sales agreement for 6250 State Farm Drive because it gives the City full
control over a key property in the heart of the City’s future downtown.
FISCAL IMPACT/FUNDING SOURCE: The proposed purchase price is $1,850,000. The
funding source is General Fund balance assigned to reserves that exceed the City’s minimum
reserve policy amounts.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: July 27, 2017
City Manager Approval Date: July 27, 2017
Attachments (list in packet assembly order):
1. Resolution approving entering into Purchase and Sales Agreement
2. Purchase and Sales Agreement
RESOLUTION NO. 2017-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A PURCHASE AND SALE AGREEMENT WITH
KANDY INVESTMENTS, LLC, FOR THE CITY’S PURCHASE OF PROPERTY AT
6250 STATE FARM DRIVE AND AUTHORIZING THE MAYOR OR CITY MANAGER
TO EXECUTE THE AGREEMENT AND TAKE ALL OTHER ACTIONS NECESSARY
TO CONSUMMATE THE TRANSACTION CONTEMPLATED BY THIS
RESOLUTION
WHEREAS, Kandy Investments, LLC is the owner of that certain real property (the
“Property”) consisting of approximately 0.95 acres of vacant commercial property located in the
Downtown District and more particularly described in the Purchase and Sale Agreement attached
hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, City desires to purchase the Property in the interest of promoting
implementation of the City’s Strategic Plan and development in the Downtown District; and
WHEREAS, City staff and Kandy Investments have drafted the terms of a Purchase and
Sale Agreement, attached hereto as Exhibit 1, to govern the terms and conditions for the purchase
and sale of the Property; and
WHEREAS, section 15061 (b) (3) of the CEQA Guidelines exempts activities that are
covered under the general rule that CEQA applies only to projects that have the potential to cause
significant effects on the environment. Where it can be seen with certainty that there is not
possibility the activity in question may have a significant effect upon the environment, the
activity is not subject to CEQA. The proposed activity only transfers the ownership of the
property from the Kandy Investments to City. Therefore, this activity is exempt from CEQA
because there is no possibility for the conveyance to have an effect on the environment; and
WHEREAS, the City Council considered the passage of this Resolution at its regularly
scheduled meeting on August 8, 2017.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve,
determine, find and order as follows:
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. Approval of Property Purchase Agreement. The City Council hereby approves and
authorizes the purchase of the Property from Kandy Investments, LLC for a price of One Million
Eight Hundred Fifty Thousand ($1,850,000.00) and approves the Purchase and Sale Agreement
in substantially similar form as provided in Exhibit 1, attached hereto and incorporated by this
reference (the “Agreement”). The City Council authorizes the Mayor or City Manager to execute
( 2 )
2017-104
the Agreement on behalf of the City of Rohnert Park, subject to minor modifications as may be
approved by the City Attorney.
Section 3. Acceptance of Property. The Mayor or City Manager are hereby authorized and
directed to execute a Certificate of Acceptance for and on behalf of the City of Rohnert Park
accepting the grant of the Property pursuant to the terms of the Agreement.
Section 4. Other Actions Authorized. The Mayor or City Manager are hereby authorized and
directed to take all action 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 8th day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
Attachments: Exhibit 1
EXHIBIT 1
PURCHASE AND SALE AGREEMENT
August 8, 2017
State Farm Development
Library/Public
Safety Main
Padre Center
Development
Existing
Commercial
Rohnert Park Exp
St
a
t
e
F
a
r
m
Dr
6250 State Farm Dr.
Created Priority Development Area with
Flexible Zoning and Higher Densities
SMART Station
State Farm Property
◦Approved Preliminary Plan
Padre Town Center –New Owner
City Assets: Library, Public Safety, Plaza
Maximizes control of future development
Demonstrates City commitment to downtown
“The key to the whole downtown concept.”
Purchase Price: $1,850,000
Appraisal
Environmental Inspection
Building Inspection
30 Days for Due Diligence
45 Days to Close
Easement –working to clear
Existing Drainage Easement
(Sonoma County)
ITEM NO. 10
1
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
Meeting Date: August 8, 2017
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Agenda Title: Consideration of Adjustment to City Council Compensation
RECOMMENDED ACTION:
Provide direction to staff regarding amount of city councilmember compensation adjustment.
BACKGROUND:
At the May 2, 2017, budget work session, the City Council directed staff to bring back an item
regarding adjustment of councilmember compensation. The amount of the increase was not
specified at that time.
As a general law city, the City of Rohnert Park is governed by the California Government Code
Section 36516 pertaining to the maximum amount a general law elected city councilmember may
earn for compensation. State law also regulates when such adjustments in compensation may be
authorized.
A. Section 36516 (a)(2)
California Government Code Section 36516 governs council member salaries and authorizes the
City to enact an ordinance establishing the salaries subject to restrictions in the Code.
In cities over 35,000 up to and including 50,000 in population, each member of the city council
may receive up to and including $400 per month in compensation. The amount is not inclusive
of any other benefits the city councilmembers may receive. That base amount may be increased
by adoption of an ordinance by the governing body. In 2006, consistent with the Government
Code, the City adopted Ordinance 756 which adjusted city councilmember pay to $411.16 per
month. It has not been adjusted since 2006.
B. Section 36516.5
A change in compensation cannot apply to a councilmember during one’s term of office when
voted into place; however, this prohibition does not prevent the adjustment of the compensation
of all members of the council serving staggered terms whenever one or more members of such
council becomes eligible for a salary increase by virtue of beginning a new term of office.
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 10
2
C. Section 36516 (c)
Compensation of council members may be increased beyond the amount provided in Section A
(above) by a local ordinance or by an amendment to a local ordinance but the amount of the
increase may not exceed an amount equal to 5 percent for each calendar year from the operative
date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
No salary ordinance shall be enacted or amended which provides for automatic future increase in
salary.
DISCUSSION
Pursuant to the applicable laws of the California Government Code, the Rohnert Park City
Council, by adoption of a new local ordinance, may adjust the current $411.16 per month
councilmember compensation to be effective for each member of the City Council newly-
constituted and reorganized after the certified results of the municipal election to be held
November 2018 and effective after the beginning of the new term. State law provides that
changes in councilmember salaries only take effect after the general municipal election when at
least one council member begins a new term.
The only available method of increasing compensation, Section 36516 (c), allows the monthly
compensation amount to exceed the allowable $400 per month with a 5% increase for each
calendar year from the previous increase. Councilmember compensation was last increased to
$411.16 in 2006 and has remain unchanged for 11 years.
The maximum monthly compensation allowed would be $637.29 per month calculated as
follows:
Calculation
Calendar years since 2006: 11 years
11 years x 5% per year = 55 % (max)
$411.16/mo. x 55% = $226.13 (rounded down)
$411.16 + $226.13 = $637.29 $637.29/month (maximum allowed)
The City Council does not need to approve the entire increase but can consider an increased
stipend in a lower amount. For a comparison during the intervening eleven years since the last
compensation adjustment, the Consumer Price Index (CPI) for the Bay Area (Urban Wage
Earners and Clerical Workers) rose by approximately 31% April 2006 – April 2017. A 31%
increase would yield a monthly stipend of $538.62.
STRATEGIC PLAN ALIGNMENT:
Serving as a councilmember is time consuming and requires significant attention to best serve
the community. Providing compensation consistent with state law limits supports the Strategic
Plan Goal A – Practice Participative Leadership at All Levels.
ITEM NO. 10
3
FISCAL IMPACT
Should the City Council decide to proceed with the enactment of a local ordinance increasing the
monthly compensation of each City Councilmember seated after the November 2018 by the
maximum amount allowed by law, the fiscal impact would be $13,567.80 per year. There is no
impact on the Fiscal Year 2017-18 Budget as it ends in June of 2018, before the effective date of
the increase.
OPTIONS CONSIDERED:
1. Recommended Option: Provide direction on amount of city councilmember
compensation between $411.16 (no adjustment) and $637.29 (maximum allowed).
2. There are no other viable options as state law governs the compensation of
councilmembers.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 5/24/2017
City Manager Approval Date: 5/16/2017
Attachments (list in packet assembly order): None
$‐
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7
$6
7
5
$700$800
$‐
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Supplemental Item #10 City Council Meeting August 8, 2017