2017/09/26 City Council Resolution 2017-115RESOLUTION NO. 2017-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT WITH SONOMA COUNTY WATER AGENCY TO FUND THE DESIGN
OF THE COPELAND CREEK REGIONAL DETENTION BASIN AND GHD TASK
ORDER 2017-08 FOR DESIGN SERVICES AND RELATED ACTIONS
WHEREAS, the Copeland Creek Regional Detention Basin is necessary to provide flood
protection benefits for the City, including the University District Specific Plan; and
WHEREAS, the Copeland Creek Regional Detention Basin has been included in the
City's long-term capital improvement program and Public Facilities Plan since 2006; and
WHEREAS, the City partnered with the Sonoma County Water Agency (Water Agency)
to secure a grant to fund predesign, design and environmental review activities under the a Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond
Act of 2006, administered by the State of California, Department of Water Resources (the
Grant); and
WHEREAS, the Water Agency, through a qualifications -based selection process,
retained GHD Inc. to perform predesign and design services from the grant -funded work; and
WHEREAS, GHD Inc. has also presented statements of qualifications to the City and
holds a Master Services Agreement with the City; and
WHEREAS, the Water Agency and GHD Inc., have completed the Basis of Design
Report for the grant -funded work; and
WHEREAS, the Water Agency has requested that the City enter into a Funding
Agreement to develop the ninety -percent design and initial environmental review work included
in the grant contract; and
WHEREAS, the City is the owner of the site on which the Copeland Creek Regional
Detention Basin will be located and the lead agency under the California Environmental Quality
Act for all analysis related to the University District Specific Plan and is best positioned to
complete the remaining work included in the grant contract; and
WHEREAS, the Funding Agreement will provide $250,000 toward the work through the
grant contract and the University District developer has agreed, in accordance with the terms of
its Development Agreement, to provide an additional $150,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a Funding Agreement for the Design of the
Copeland Creek Detention Basin by and between the Sonoma County Water Agency, a body
corporate and politic of the State of California and the City of Rohnert Park.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this Funding Agreement for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the agreement attached
hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute GHD Task Order 2017-08 to accomplish the ninety percent design work contemplated
by the Funding Agreement, in substantially similar form to the Task Order attached hereto as
Exhibit B," subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and
directed amend the Fiscal Year 2017-18 Capital Improvement Plan to include Project 2006-04
the Copeland Creek Detention Basin and Refugia with a budget of $400,000 and to make
appropriations a necessary to accept funding from the Water Agency under the Funding
Agreement and from the University District developer under the Development Agreement.
DULY AND REGULARLY ADOPTED this 26`x' day of September, 2017.
CITY OF ROHNERT PARK
ATTEST:
5 '
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit A and B
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2017-115
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin
Project
This agreement ("Agreement") is by and between Sonoma County Water Agency, a body
corporate and politic of the State of California ("Water Agency"), and City of Rohnert Park
("City"). The Effective Date of this Agreement is the date the Agreement is last signed by the
parties to the Agreement, unless otherwise specified in Article 5 (Term of Agreement).
RECITALS
A. The Water Agency, in cooperation with the City, has completed a preliminary design for a
stormwater detention basin within the Copeland Creek watershed, east of Petaluma Hill
Road, with funding from a Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, administered by the State of California,
Department of Water Resources (the "Grant"). The preliminary design is described in a
Basis of Design Report, dated April, 2017
B. Under this Agreement, City will receive partial funding for the Copeland Creek Detention
Basin Project ("Project") in an amount not to exceed $250,000. City will prepare the
detailed Project design to a 90% stage and prepare appropriate environmental
documentation required for the Project under the California Environmental Quality Act
("CEQA").
C. A certified CEQA EIR exists for the proposed project site location, however additional
documentation and environmental regulatory compliance will be required to address the
proposed detention basin design. The EIR was certified by the City of Rohnert Park on May
23, 2006 with addenda approved on April 8, 2014 and November 8, 2016.
D. The Project is proposed to be located on a portion of a 128 acre site which was transferred
from University District LLC to the City of Rohnert Park in late 2016, illustrated in Exhibit A,
for the purpose of constructing a stormwater detention basin and other public benefit
facilities.
In consideration of the foregoing recitals and the mutual covenants contained herein, the
parties hereto agree as follows:
AGREEMENT
1. RECITALS
1.1. The above recitals are true and correct.
2. LIST OF EXHIBITS
2.1. The following exhibits are attached hereto and incorporated herein:
a. Exhibit A: Project Site
b. Exhibit B: Scope of Work
c. Exhibit C: Submittals/Schedule
Funding Agreement for Design of Copeland Creek Detention Basin Project
3.
4.
EXHIBIT A TO RESOLUTION
d. Exhibit D: Standard Conditions from Grant Agreement No. 4600009714
e. Exhibit E: Insurance Requirements
WATER AGENCY'S RESPONSIBILITIES
3.1. Water Agency will perform or cause to be performed all project work as
described in the Work Plan of DWR Grant Agreement No. 4600009714, and
comply with the Standard Terms included in Exhibit D of this Agreement.
CITY'S RESPONSIBILITES
4.1. Scope of Work: City shall contract with qualified consultants to perform the
services, and shall manage the performance of these consultants. City shall
submit the documents outlined in Exhibit B (Scope of Work) within the
times or by the dates provided for in Exhibit B (Schedule and Submittals). In
the event of a conflict between the body of this Agreement and Exhibit B,
the provisions in the body of this Agreement shall control.
4.2. State or Grant Funding: City is informed and aware that this Agreement is
funded by a grant from the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006, administered
by the State of California, Department of Water Resources (award number
4600009714), which grant is conditioned upon various terms that apply to
City. City has reviewed the grant award documents attached hereto as
Exhibit D and hereby agrees to comply with them to the extent they apply to
a subrecipient.
4.3. Refunds: If Water Agency is required to refund to DWR any funds paid to
City due to non-compliance with terms of this agreement by City, City shall
refund to Water Agency such amount required to be paid by Water Agency
in connection with such refund.
4.4. Cooperation with Water Agency: City shall cooperate with Water Agency in
the performance of all work hereunder. City shall coordinate the work with
Water Agency's Project Manager. Contact information and mailing
addresses:
Water
Project Manager:
Kent Gylfe
404 Aviation Boulevard
Santa Rosa, CA 95403-9019
Grant Manager: Joan Hultberg
Phone: 707-547-1902
Email: Joan.Hultberg@scwa.ca.gov
City
Contact: Mary Grace Pawson
Development Services Manager
130 Avram Avenue
Rohnert Park, CA 94928
Phone: (707) 588-2234
Email: mpawson@rpcity.org
Contact: Mary Grace Pawson
Funding Agreement for Design of Copeland Creek Detention Basin Project
EXHIBIT A TO RESOLUTION
..._._...__...
Water Agency _ city
404 Aviation Boulevard
Santa Rosa, CA 95403-9019
Remit invoices to: Remit payments to:
Susan Bookmyer Same address as above
Same address as above or
Email: susan.bookmyer@scwa.ca.gov
S. PAYMENT
5.1. Total Amount to be Funded: Total amount payable by Water Agency under
this Agreement shall not exceed $250,000.
a. Project design and survey tasks shall not exceed $150,000.
b. CEQA documentation tasks shall not exceed $100,000.
5.2. Method of Payment: City shall be paid in accordance with the following terms:
a. City shall be paid in accordance with Exhibit F (Schedule of Costs). Billed
hourly rates shall include all costs for overhead and any other charges, other
than expenses specifically identified in Exhibit F. Expenses not expressly
authorized by the Agreement shall not be reimbursed.
5.3. Invoices: City shall submit its bills in arrears on a monthly basis, based on
work completed for the period, in a form approved by Water Agency. The
bills shall show or include:
a. City name
b. Name of Agreement
c. Water Agency's Project -Activity Code: F0143C001
d. Task performed with an itemized description of services rendered by date
e. Summary of work performed by subconsultants
f. Time in quarter hours devoted to the task
g. Hourly rate or rates of the persons performing the task
h. List of reimbursable materials and expenses
i. Copies of receipts for reimbursable materials and expenses
5.4. Monthly Reports with Invoices: Payment of invoices is subject to receipt of
the monthly reports required under Task 2.3 of Exhibit B. Reporting for
each month shall be provided to Water Agency on or before the 5` day of
the following month.
5.5. Excess Costs: If the Project costs exceed the total amount authorized under
this Agreement, City shall fund Project costs in excess of the authorized
amounts without additional contribution from Water Agency.
Funding Agreement for Design of Copeland Creek Detention Basin Project 3
EXHIBIT A TO RESOLUTION
6. 11RM OF AGREEMENT
NT
6.1. The term of this Agreement shall be from April 1, 2017 ("Effective Date") to
April 1, 2018 unless terminated earlier in accordance with the provisions of
Article 6 (Termination).
7. TERMINATIQN
7.1. Authority to Terminate: Should City fail to perform any of its obligations
hereunder, within the time and in the manner herein provided, or otherwise
violate any of the terms of this Agreement, Water Agency may immediately
terminate this Agreement by giving City written notice of such termination,
stating the reason for termination. In the event of such termination, Water
Agency will pay City for services satisfactorily rendered to the date of
termination. However, Water Agency will deduct from such amount the
amount of damage, if any, sustained by Water Agency by virtue of the
breach of the Agreement by City. Water Agency's right to terminate may be
exercised by Sonoma County Water Agency's General Manager.
7.2. Delivery of Work Product and Final Payment Upon Termination: In the event
of termination, City, within 14 days following the date of termination, shall
deliver to Water Agency all reports, original drawings, graphics, plans,
studies, and other data or documents, in whatever form or format,
assembled or prepared by City or City's subcontractors, consultants, and
other agents in connection with this Agreement and shall submit to Water
Agency an invoice showing the services performed, hours worked, and
copies of receipts for reimbursable expenses up to the date of termination.
7.3. Change in Funding: City understands and agrees that Water Agency shall
have the right to terminate this Agreement immediately upon written notice
to City in the event that (1) any state or federal agency or other funder
reduces, withholds or terminates funding which the Water Agency
anticipated using to pay City for services provided under this Agreement or
(2) Water Agency has exhausted all funds legally available for payments due
under this Agreement.
8. M11'I`I1AL INDEMNIF[(,;El'I'IUN
8.1. Each party shall indemnify, defend, protect, hold harmless, and release the
other, its officers, agents, and employees, from and against any and all
claims, loss, proceedings, damages, causes of action, liability, costs, or
expense (including attorneys' fees and witness costs) arising from or in
connection with, or caused by any act, omission, or negligence of such
indemnifying party or its agents, employees, contractors, subcontractors, or
invitees. This indemnification obligation shall not be limited in any way by
any limitation on the amount or type of damages or compensation payable
to or for the indemnifying party or its agents, employees, contractors,
Funding Agreement for Design of Copeland Creek Detention Basin Project
EXHIBIT A TO RESOLUTION
subcontractors, or invitees under workers' compensation acts, disability
benefit acts, or other employee benefit acts.
8.2. Indemnification Obligation of City's Consultants and Contractors:
a. City shall include the following language in its Consultant and Contractor
agreements:
Consultant/Contractor agrees to accept all responsibility for loss or damage
to any person or entity, including Sonoma County Water Agency and the
State of California, and to indemnify, hold harmless, and release Sonoma
County Water Agency and the State of California, their officers, agents, and
employees, from and against any actions, claims, damages, liabilities,
disabilities, or expenses, that may be asserted by any person or entity,
including Consultant/ Contractor, that arise out of, pertain to, or relate to
Consultant's/ Contractor's or its agents', employees', contractors',
subcontractors', or invitees' performance or obligations under this
Agreement. Consultant/Contractor agrees to provide a complete defense for
any claim or action brought against Sonoma County Water Agency and the
State of California based upon a claim relating to Consultant's/Contractor's
or its agents', employees', contractors', subcontractors', or invitees'
performance or obligations under this Agreement. Consultant's/Contractor's
obligations under this Paragraph apply whether or not there is concurrent or
contributory negligence on the part of Sonoma County Water Agency or the
State of California, but, to the extent required by law, excluding liability due
to conduct of Sonoma County Water Agency or the State of California.
Sonoma County Water Agency or the State of California shall have the right
to select its legal counsel at Consultant's/Contractor's expense, subject to
Consultant's/Contractor's approval, which shall not be unreasonably
withheld. 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 Consultant/Contractor or its agents under workers' compensation acts,
disability benefits acts, or other employee benefit acts. This indemnity
provision survives the Agreement.
For design professionals (as that term is defined by statute) acting within the
scope of their professional capacity, to the fullest extent permitted by law,
Consultant shall, at its own expense indemnify, protect, defend, and hold
harmless Sonoma County Water Agency and the State of California from and
against any and all Liability, whether actual, alleged or threatened, which
arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, or as may be provided by statute in Civil Code
Section 2782.8, as may be amended from time to time.
9. INSURANCE
9.1. With respect to performance of work under this Agreement, City shall
maintain and shall require all of its subcontractors, consultants, and other
Funding Agreement for Design of Copeland Creek Detention Basin Project
EXHIBIT A TO RESOLUTION
agents to maintain, insurance as described in Exhibit E (Insurance
Requirements). City shall name the Sonoma County Water Agency and the
State of California, their officers, agents, and employees, as additional
insureds on their liability insurance for activities undertaken pursuant to this
Agreement.
10. AUTHORITY TO AMEND AIGREEN ENT
10.1. Changes to the Agreement may be authorized only by written amendment
to this Agreement, signed by both parties. Changes to lengthen time
schedules or make minor modifications to the scope of work, which do not
increase the amount paid under the Agreement, may be executed by the
Water Agency's General Manager in a form approved by County Counsel.
11. RECORDS
Records Maintenance: City shall keep and maintain full and complete
documentation and accounting records of all transactions in compliance with
generally accepted accounting principles for enterprise accounting as promulgated
by the American Institute of Certified Public Accountants and the Governmental
Accounting Standards Board and shall make such documents and records available
to Water Agency and State of California for inspection at any reasonable time.
City and its contractor or subcontractor shall maintain such records for a period of
four (4) years following completion of work hereunder, or final billing, whichever
comes later.
12. 1NSPLCTI0N
12.1. Inspection: Water Agency and State shall have the right to inspect the work
being performed at any and all reasonable times, providing a minimum of
24-hour notice, during the term of this agreement. City acknowledges that
Project documents may be subject to the Public Records Act (California
Government Code Section 6250 et. seq.). Water Agency and State shall have
the right to inspect these documents at any and all reasonable times after
completion of the Project to ensure compliance with the terms and
conditions of this Agreement. During regular office hours, Water Agency and
State shall have the right to inspect and to make copies of any books,
records, or reports of the City relating to the Grant Agreement. City shall
maintain and shall make available at all times for such inspection accurate
records of its costs, disbursements, and receipts with respect to its activities
under this Agreement. Failure or refusal by City to comply with this
provision shall be considered a breach of this Agreement, and Water Agency
may withhold disbursements to City or take any other action it deems
necessary to protect its interests.
Funding Agreement for Design of Copeland Creek Detention Basin Project
EXHIBIT A TO RESOLUTION
13. REPRESENTATIONS OF CITY
13.1. Statutory Compliance: City agrees to comply, and to ensure compliance by
its subconsultants or subcontractors, with all applicable federal, state and
local laws, regulations, statutes and policies. Noncompliance during the
term of the Agreement will be considered a material breach and may result
in termination of the Agreement or pursuit of other legal or administrative
remedies.
13.2. Permits, Licenses, Approvals, And Legal Obligations: City shall be
responsible for obtaining any and all permits, licenses, and approvals
required for performing its obligations under this Agreement. City shall
comply with the California Environmental Quality Act (PRC Section 21000 et
seq.) and other applicable federal, State, and local laws, rules, and
regulations, guidelines, and requirements prior to disbursement of funds
under this Agreement. Without limiting the foregoing, City shall keep
informed of and take all measures necessary to ensure compliance with
California Labor Code requirements, including but not limited to Section
1720 et seq. of the California Labor Code regarding public works, limitations
on use of volunteer labor (California Labor Code Section 1720.4), labor
compliance programs (California Labor Code Section 1771.5), and payment
of prevailing wages for work done under this Funding Agreement. Pursuant
to the provisions of Proposition 84, the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
Cal. Pub. Res. Code § 75076 et seq., the City must have a labor compliance
program that meets the requirements of California Labor Code Section
1771.5.
13.3. Workers' Compensation: City affirms that it is aware of the provisions of
§3700 of the Labor Code, which requires every employer to be insured
against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and City affirms that it will
comply with such provisions before commencing the performance of the
work under this Agreement and will make its contractors and
subcontractors aware of this provision.
13.4. Nondiscrimination: During the performance of this Agreement, City and its
contractors or subcontractors shall not unlawfully discriminate, harass, or
allow harassment against any employee or applicant for employment
because of sex (gender), sexual orientation, race, color, ancestry, religion,
creed, national origin (including language use restriction), pregnancy,
physical disability (including HIV and AIDS), mental disability, medical
condition (cancer/genetic characteristics), age (over 40), marital status, and
denial of medial and family care leave or pregnancy disability leave. City and
its contractors or subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from
Funding Agreement for Design of Copeland Creek Detention Basin Project 7
EXHIBIT A TO RESOLUTION
such discrimination and harassment. City and its contractors or
subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code §12990 (a -f) etseq.) and the applicable
regulations promulgated there under (California Code of Regulations, Title 2,
§7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code §12990 (a -f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a part hereof as if
set forth in full. City and its contractors or subcontractors shall give written
notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement. City shall include
the nondiscrimination and compliance provisions of this clause in all
contracts to perform work under the Agreement.
13.5. Drug -Free Workplace Certification (Certification of Compliance): By signing this
Agreement, City, its contractors or subcontractors hereby certify, under penalty
of perjury under the laws of State of California, compliance with the
requirements of the Drug -Free Workplace Act of 1990 (Government Code §8350
et seq.) and have or will provide a drug-free workplace by taking the following
actions:
a. Publish a statement notifying employees, contractors, and subcontractors
that unlawful manufacture, distribution, dispensation, possession, or use of a
controlled substance is prohibited and specifying actions to be taken against
employees, contractors, or subcontractors for violations, as required by
Government Code section 8355(a)(1).
b. Establish a Drug -Free Awareness Program, as required by Government Code
section 8355(a)(2) to inform employees, contractors, or subcontractors
about all of the following:
i. The dangers of drug abuse in the workplace,
ii. City's policy of maintaining a drug-free workplace,
iii. Any available counseling, rehabilitation, and employee assistance
programs, and
iv. Penalties that may be imposed upon employees, contractors, and
subcontractors for drug abuse violations.
c. Provide, as required by Government Code section 8355(a)(3), that every
employee, contractor, and/or subcontractor who works under this
Agreement:
i. Will receive a copy of City's drug-free policy statement, and
ii. Will agree to abide by terms of City's condition of employment, contract
or subcontract.
13.6. Operation and Maintenance: City shall accept ownership and shall operate
and maintain Project in perpetuity.
Funding Agreement for Design of Copeland Creek Detention Basin Project
EXHIBIT A TO RESOLUTION
14. PREVAILING WAGES
14.1. General: City shall pay to any worker on the job for whom prevailing wages
have been established an amount equal to or more than the general
prevailing rate of per diem wages for (1) work of a similar character in the
locality in which the work is performed and (2) legal holiday and overtime
work in said locality. The per diem wages shall be an amount equal to or
more than the stipulated rates contained in a schedule that has been
ascertained and determined by the Director of the State Department of
Industrial Relations and Water Agency to be the general prevailing rate of
per diem wages for each craft or type of workman or mechanic needed to
execute this Agreement. City shall also cause a copy of this determination
of the prevailing rate of per diem wages to be posted at each site work is
being performed, in addition to all other job site notices prescribed by
regulation. Copies of the prevailing wage rate of per diem wages are on file
at Water Agency and will be made available to any person upon request.
14.2. Subcontracts: City shall insert in every subcontract or other arrangement
which City may make for performance of such work or labor on work
provided for in the Agreement, provision that Subcontractor shall pay
persons performing labor or rendering service under subcontract or other
arrangement not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the work is performed,
and not less than the general prevailing rate of per diem wages for holiday
and overtime work fixed in the Labor Code. Pursuant to Labor Code section
1775(b)(1), City shall provide to each Subcontractor a copy of sections 1771,
1775, 1776, 1777.5, 1813, and 1815 of the Labor Code.
14.3. Compliance Monitoring and Registration: This project is subject to
compliance monitoring and enforcement by the Department of Industrial
Relations. City shall furnish and shall require all subcontractors to furnish
the records specified in Labor Code section 1776 (e.g. electronic certified
payroll records) directly to the Labor Commissioner in a format prescribed
by the Labor Commissioner at least monthly (Labor Code 1771.4 (a)(3)). City
and all subcontractors performing work that requires payment of prevailing
wages shall be registered and qualified to perform public work pursuant to
Labor Code section 1725.5 as a condition to engage in the performance of
any services under this Agreement.
14.4. Compliance with Law: In addition to the above, City stipulates that it shall
comply with all applicable wage and hour laws, including without limitation
Labor Code sections 1725.5, 1775, 1776, 1777.5, 1813, and 1815 and
California Code of Regulations, Title 8, section 16000, et seq.
Funding Agreement for Design of Copeland Creek Detention Basin Project 9
EXHIBIT A TO RESOLUTION
15. MISCULANEOUS PRUV1S1QN_5
15.1. No Waiver of Breach: The waiver by Water Agency of any breach of any
term or promise contained in this Agreement shall not be deemed to be a
waiver of such term or promise or any subsequent breach of the same or
any other term or promise contained in this Agreement.
15.2. Construction: To the fullest extent allowed by law, the provisions of this
Agreement shall be construed and given effect in a manner that avoids any
violation of statute, ordinance, regulation, or law. The parties covenant and
agree that in the event that any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby. City and
Water Agency acknowledge that they have each contributed to the making
of this Agreement and that, in the event of a dispute over the interpretation
of this Agreement, the language of the Agreement will not be construed
against one party in favor of the other. City and Water Agency acknowledge
that they have each had an adequate opportunity to consult with counsel in
the negotiation and preparation of this Agreement.
15.3. Consent: Wherever in this Agreement the consent or approval of one party
is required to an act of the other party, such consent or approval shall not
be unreasonably withheld or delayed.
15.4. No Third -Party Beneficiaries: Except as provided in Article 7
(Indemnification), nothing contained in this Agreement shall be construed
to create and the parties do not intend to create any rights in third parties.
15.5. Applicable Law and Forum: This Agreement shall be construed and
interpreted according to the substantive law of California, regardless of the
law of conflicts to the contrary in any jurisdiction. Any action to enforce the
terms of this Agreement or for the breach thereof shall be brought and tried
in Santa Rosa or in the forum nearest to the city of Santa Rosa, in the
County of Sonoma.
15.6. Captions: The captions in this Agreement are solely for convenience of
reference. They are not a part of this Agreement and shall have no effect on
its construction or interpretation.
15.7. Merger: 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 Code of Civil Procedure section 1856. Each Party acknowledges
that, in entering into this Agreement, it has not relied on any representation
or undertaking, whether oral or in writing, other than those which are
expressly set forth in this Agreement. No modification of this Agreement
Funding Agreement for Design of Copeland Creek Detention Basin Project 10
EXHIBIT A TO RESOLUTION
shall be effective unless and until such modification is evidenced by a
writing signed by both parties.
15.8. Survival of Terms: All express representations, waivers, indemnifications,
and limitations of liability included in this Agreement will survive its
completion or termination for any reason.
15.9. Time of Essence: Time is and shall be of the essence of this Agreement and
every provision hereof.
Signatures on Next Page
Funding Agreement for Design of Copeland Creek Detention Basin Project 11
EXHIBIT A TO RESOLUTION
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last
signed by the parties to the Agreement.
Reviewed as to funds:
Bv:
Water Agency Division Manager -
Administrative Services
Approved as to form:
By:
Adam Brand, Deputy County Counsel
Insurance Documentation is on file with
Water Agency
Date/TW Initials:
Sonoma County Water Agency
TW 16/17-065
Approved as to form:
By:
Michelle Marchetta Kenyon, City
Attorney
City of Rohnert Park
By:. By:
Michael Thompson Jake Mackenzie, Mayor
Water Agency Interim General Manager
Authorized per Water Agency's Board of
Directors Action on April 25, 2017
Date:
Date:
Attest:
By.
JoAnne Buergler, City Clerk
Funding Agreement for Design of Copeland Creek Detention Basin Project 12
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PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
UNIVERSITY DISTRICT LLC
DOC # 2016-022705
APN 047-132-038
MY OF ROHNERT PARK CALIFORNIA
MACYAY & SOMPS
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a142D FRAf[4IN DR, F1,FA1.WHION, CA 945M (9%'2)223-064
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Funding Agreement for Design of Copeland Creek Detention Basin Project A-1
Exhibit B
Scope of Work
1. COMMENCEMENT OF WORK
1.1. City is authorized to proceed immediately with the performance of this
Agreement upon the Effective Date of this Agreement.
2. GENERAI • DESIGN FOR STORMWATER DETENTION BASIN{GROUNDWATER
RECHARGE FACILITY
2.1. Complete the 90% design and advance the environmental review for a
stormwater detention basin to be located in the alluvial fan east of Petaluma Hill
Road in accordance with Basis of Design Report for the Project.
2.2. Invite Water Agency engineering and environmental staff to key design
review meetings at 60 and 90 percent design milestones. Provide Water
Agency an electronic copy of relevant design documents and provide
minutes of design review milestone meetings.
2.3. Submit monthly reports with each invoice according to the content and
format requirements outlined in the grant conditions described in Exhibit D.
3. CE AEVELOf MENT — STORMWATER DETENTION/BASIN
3.1. Environmental Review Documentation: Act as Lead Agency for the Project under
the requirements of the California Environmental Quality Act (CEQA) and
prepare appropriate environmental documents.
a. Submit list of existing environmental documents pertinent to the site
including an annotated list of current studies underway and other needed
information required to comply with CEQA.
b. Conduct public outreach. Consult with affected property owners,
stakeholders and regulatory agencies. Submit summary of consultations
and outreach.
4. SURVEY:
4.1. Survey: Conduct a land survey of proposed site locations to collect topographic
data for design of the stormwater detention basin design. Rights -of -Way: City
has sole responsibility for acquiring any and all property rights as necessary for
the Project.
Funding Agreement for Design of Copeland Creek Detention Basin Project B-1
5. DESIGN
5.1. Design:
a. Prepare Project design, as recommended in the Basis of Design Report, to a
ninety percent (90%) level. City and Water Agency acknowledge that 90%
documents are not suitable for project construction but can support project
permitting. City and Water Agency acknowledge that 90% design documents
include plans, specifications and a cost estimate.
b. Identify and perform sufficient site investigation (s) for purpose of developing
Project design.
c. Prepare a detailed construction cost estimate for the Project broken down by
bid item.
5.2. Design Stages and Meetings:
a. Arrange, attend, prepare agendas for, and conduct meetings at each design
stage.
b. At meetings, discuss the progress and direction of the design. Advise Water
Agency in writing how Water Agency comments impact Project scheduling
and cost.
Prepare meeting minutes for each meeting.
Funding Agreement for Design of Copeland Creek Detention Basin Project B-2
Exhibit C
Schedule and Submittals
GENERAL
1.1. Unless otherwise noted below, submit one electronic copy in PDF format
(emailed or on CD) and three hard copies of each final submittal to Water
Agency.
2. SCHEDULE AND SUBMITTAL.
MILESTONE
DOCUMENTS TO BE SUBMITTED
DATE or CALENDAR DAYS
Kick-off Meeting
. Email invite with 1 electronic copy of Kick-off
September 27, 2017
Submittal
meeting agenda
Meeting Minutes (within 10 days of mtg date)
_
November 30, 2017
60% Design Review
e Email invite with 1 electronic copy of meeting
Meeting
agenda and relevant materials
• Meeting Minutes (within 10 days of meeting
date)
90% Design Review
. - Email invite with 1 electronic copy of
February 1, 2018
Meeting
meeting agenda and relevant materials
• Meeting Minutes (within 10 days of meeting
date)
90% Design
. one electronic copy and three hard copies of
February 28, 2018
Submittal
drawings and specifications
one electronic copy and three hard copies
of engineer's Construction Cost Estimate
• one electronic copy and three hard copies of
any additional technical studies (such as
biological resources or geotechnical studies)
Land Survey
January 31, 2018
(other
deliverables)
Summary report of Calculations, costs
February 28, 2018
Agreements with subconsultants, if any
30 Days after Execution
CEQA documentation_
February 10, 2018
Monthly; before the 5th
Report with invoices
of each month
Funding Agreement for Design of Copeland Creek Detention Basin Project C-1
Exhibit D
Grant Documents
Funding Agreement for Design of Copeland Creek Detention Basin Project D-1
Exhibit E
Insurance Requirements
1. SECTION I - INSURANCE 7'0 BE MAINTAINED BY CI'T'Y OF ROHNFRT PA11ii
City of Rohnert Park shall maintain self-insurance and/or pooled coverage (Coverage")
through the California Joint Powers Risk Management Authority as described below
unless such insurance has been expressly waived by the attachment of a Waiver of
Insurance Requirements. The insurance shall be maintained for the entire term of this
Agreement and any extensions thereof.
Water Agency reserves the right to review any and all of the required insurance policies
and/or endorsements, but has no obligation to do so. Water Agency's failure to
demand evidence of full compliance with the insurance requirements set forth in this
Agreement or Water Agency's failure to identify any insurance deficiency shall not
relieve City of Rohnert Park from, nor be construed or deemed a waiver of, its obligation
to maintain the required insurance at all times during the performance of this
Agreement.
1.1. Workers Compensation and Employers Liability Insurance
a. Required if City of Rohnert Park has employees as defined by the Labor Code
of the State of California.
b. Workers Compensation insurance with statutory limits as required by the
Labor Code of the State of California.
c. Employers' Liability with minimum limits of $1,000,000 per Accident;
$1,000,000 Disease per employee; $1,000,000 Disease per policy.
d. Required Evidence of Insurance: Certificate of Insurance
e. If City of Rohnert Park currently has no employees as defined by the Labor
Code of the State of California, City of Rohnert Park agrees to obtain the
above-specified Workers' Compensation and Employers' Liability insurance
should employees be engaged during the term of this Agreement or any
extensions of the term.
1.2. General Liability Insurance
a. General Liability Insurance on an occurrence form.
b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products/Completed Operations Aggregate. If City of Rohnert
Park maintains higher limits than the specified minimum limits, Water
Agency requires and shall be entitled to coverage for the higher limits
maintained by City of Rohnert Park.
c. Any deductible or self-insured retention shall be shown on the Certificate of
Insurance. If the deductible or self-insured retention exceeds $25,000 it
Funding Agreement for Design of Copeland Creek Detention Basin Project E-1
must be approved in advance by Water Agency. City of Rohnert Park is
responsible for any deductible or self-insured retention and shall fund it
upon Water Agency's written request, regardless of whether City of Rohnert
Park has a claim against the insurance or is named as a party in any action
involving the Water Agency.
d. Sonoma County Water Agency, the State of California, their officers, agents,
and employees, shall be endorsed as additional covered parties for liability
arising out of City of Rohnert Park's ongoing operations. (
e. The insurance provided to the additional insureds shall be primary to, and
non-contributory with, any insurance or self-insurance program maintained
by them for claims or losses resulting from liability of the City.
f. The policy definition of "insured contract" shall include assumptions of
liability arising out of both ongoing operations and the products -completed
operations hazard.
g. The policy shall cover inter -insured suits between Water Agency and City of
Rohnert Park and include a "separation of insureds" or "severability" clause
which treats each insured separately.
h. Required Evidence of Insurance:
L Copy of the additional insured endorsement or policy language granting
additional insured status;
Copy endorsement of policy language indicating primary & non-
contributory coverage as required by Sec. 1.2.e. above; and
iii. Certificate of Coverage/Self Insurance.
1.3. Automobile Liability Insurance
a. Minimum Limit: $1,000,000 combined single limit per accident.
b. Insurance shall cover all owned, hired and non -owned vehicles.
c. Required Evidence of Insurance: Certificate of Coverage/Self-Insurance.
1.4. Documentation
a. City of Rohnert Park shall submit required documentation of Coverage/Self-
Insurance prior to the execution of this Agreement. City of Rohnert Park
agrees to maintain current Evidence of Insurance on file with Water Agency
for the required period of insurance.
b. The name and address for mailing the required documentation is: Sonoma
County Water Agency, 404 Aviation Boulevard, Santa Rosa, CA 95403-9019.
c. Required Evidence of Coverage/Self-Insurance shall be submitted for any
renewal or replacement of a policy that already exists, at least ten (10) days
before expiration or other termination of the existing policy.
d. City of Rohnert Park shall provide immediate written notice if: (1) any of the
required insurance policies are terminated; (2) the limits of any of the
required policies are reduced; or (3) the deductible or self-insured retention
is increased.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-2
e. Upon written request, certified copies of required insurance policies must be
provided within thirty (30) days.
1.5. Policy Obligations
a. City of Rohnert Park's indemnity and other obligations shall not be limited by
the foregoing insurance requirements.
2. SECTION 11 — INSURANCE TO BE MAINTAINED BY CITY OF ROHNERT PARK'S
CON'CRACTORS ANI) OR CONSULTANTS
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance.
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no
event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million
Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned
auto endorsement to the general liability policy described above. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of personal auto
liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an
umbrella liability policy shall include a drop down provision providing primary coverage above a maximum
$25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage
shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual
payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or
suits by one insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to
approval of City following receipt of proof of insurance as required herein. Limits are subject to review but
in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-3
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Best's rating of A- or better and a minimum, financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree
to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein
to include as additional insureds the City, its officers, elected officials, employees, agents, and
volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed
operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant
agrees to waive subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement
are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any
other agreement relating to the City or its operations limits the application of such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
Funding Agreement for Design of Copeland Creek Detention Basin Project E-4
canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any other agreement and
to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory
wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation,
or that any party will "endeavor" (as opposed to being required) to comply with the requirements of
the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided
by Consultant 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.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is
brought onto or involved in the project by Consultant, provide the same minimum insurance coverage
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
12. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion
of the insurance required herein and further agrees that it will not allow any contractor, subcontractor,
Architect, Engineer or other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-insured retention must
be declared to the City. At that tirne the City shall review options with the Consultant, which may
include reduction or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Consultant, the City will negotiate
additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance
of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-cornpliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents face
an exposure from operations of any type pursuant to this agreement. This obligation applies whether
or not the agreement is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-5
17. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant
under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under
such laws with respect to City, its officers, elected officials, employees, agents, and volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in this
agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to the
extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted with reference to City. It
is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect
thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising
out of the work performed under this agreement. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-6
EXHIBIT B TO RESOLUTION
GHD, INC. TASK ORDER NO. 2017-08
CITY OF ROHNERT PARK
AND
GHD, INC.
AUTHORIZATION TO PROVIDE 90% DESIGN FOR THE COPELAND
CREEK DETENTION POND (PROJECT NO. 2006-04)
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") 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 $295,000.
SECTION 4 — TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by April 1, 2018, or as extended in writing by the
City Manager.
SECTION 5 —ADDITIONAL INDEMNIFICATION
For the purpose of the services provided by Consultant in accordance with Section 2 of this Task Order,
in addition to the Indemnity provisions set forth in Section 1 1 of the MASTER AGREEMENT, the
following indemnification provisions shall apply:
Consultant agrees to accept all responsibility for loss or damage to any person or entity, including
Sonoma County Water Agency and the State of California, and to indemnify, hold harmless, and release
Sonoma County Water Agency and the State of California, their officers, agents, and employees, from
and against any actions, claims, damages, liabilities, disabilities, or expenses, that may be asserted by any
person or entity, including Consultant, that arise out of, pertain to, or relate to Consultant's or its agents',
employees', contractors', subcontractors', or invitees' performance or obligations under this Agreement.
Consultant agrees to provide a complete defense for any claim or action brought against Sonoma County
Water Agency and the State of California based upon a claim relating to Consultant's or its agents',
employees', contractors', subcontractors', or invitees' performance or obligations under this Agreement.
Consultant's obligations under this Paragraph apply whether or not there is concurrent or contributory
negligence on the part of Sonoma County Water Agency or the State of California, but, to the extent
required by law, excluding liability due to conduct of Sonoma County Water Agency or the State of
California. Sonoma County Water Agency or the State of California shall have the right to select its legal
counsel at Consultant's expense, subject to Consultant's approval, which shall not be unreasonably
withheld. 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 Consultant or its agents under workers' compensation
acts, disability benefits acts, or other employee benefit acts. This indemnity provision survives the
EXHIBIT B TO RESOLUTION
Agreement.
For design professionals (as that term is defined by statute) acting within the scope of their professional
capacity, to the fullest extent permitted by law, Consultant shall, at its own expense indemnify, protect,
defend, and hold harmless Sonoma County Water Agency and the State of California from and against
any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in
Civil Code Section 2782.8, as may be amended from time to time.
SECTION 6 — 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 26th day of September, 2017
CITY OF ROHNERT PARK
Darrin Jenkins (Date)
Per Resolution No. 2017- adopted by the
Rohnert Park City Council at its meeting
of September 26, 2017.
ATTEST:
City Clerk
GHD, Inc.
Theodore B. Whiton (Date)
APPROVED AS TO FORM:
City Attorney
g, GHD Task Order 2017-08
FP�Exhibit A
September 8, 2017
Ms. Mary Grace Pawson, PE
Director of Development Services
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
RE: Proposal for 90 Percent Design of Copeland Creek Stormwater Detention Basin / Groundwater
Recharge Facility
Dear Ms. Pawson,
GHD is pleased to submit our proposed scope and fee for the 90 percent design of the Copeland Creek
Stormwater Detention Basin / Groundwater Recharge Facility. The City's Draft Funding Agreement with the
Sonoma County Water Agency, as it relates to the Water Agency's Department of Water Resources' Safe Drinking
Water, Water Quality and Supply, Flood Control, River and Coastal Protection grant, is the basis for this scope of
work.
Project Understanding and Background
GHD completed a Basis of Design Report for the project in April 2017 and recommended a preferred alternative
to carry forward into the CEQA and design phases of the project. The recommended alternative includes an off -
channel detention basin with sediment settling and fish refugia features providing flood protection for a 10 -year
storm Groundwater recharge will occur in the stream channel downstream from the site after the peak flows have
receded and the detention basin empties. Attached is a plan view of the recommended project for reference (see
Figure 8 from the BOD report).
The City's Draft Funding Agreement with the Water Agency describes the scope for the 90 percent design in
Exhibit B as follows:
5.1 Design
a. Prepare project design, as recommended in the Basis of Design Report, to a ninety percent (90%)
level. City and Water Agency acknowledge that 90% documents are not suitable for project
construction but can support project permitting. City and Water Agency acknowledge that 90%
design documents include plans, specifications and a cost estimate.
b. Identify and perform sufficient site investigation(s) for purposes of developing Project design.
c. Prepare a detailed construction cost estimate for the Project broken down by bid item.
The purpose of the 90 percent design is to bring the level of design to a point where the City can engage with
permitting agencies to surface and address concerns and ultimately to obtain permit approval. Key permitting
agencies include CDFW and NMFS for fish passage and flow detention, and DSOD for dam safety. The 90
percent design will provide sufficient design detail to enable discussions with these agencies but will not include
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www ghd com
GHD Task Order 2017-08
Exhibit A
all details necessary for construction. GHD expects that the permit negotiations will require changes to the 90
percent design submittal, which will be included in a subsequent phase of the project.
The City is currently constructing a new water tank and transmission main adjacent to the proposed detention
basin, and will provide all background survey mapping and construction documents for the project. GHD will
incorporate the information into the 90 percent design submittal. GHD has assumed that the survey control for
the tank project is in good condition and accessible to complete the field survey scope described in this proposal.
Project Approach
The City intends to move the project forward in several phases that build on previous work:
• Phase 1: Complete 90 percent design per recommendations from Basis of Design Report;
• Phase 2: Engage key permitting agencies to refine the project details, and prepare a Notice of Preparation
for CEQA compliance;
• Phase 3: Prepare CEQA documents;
• Phase 4: Complete the project design, obtain permits, prepare bid documents, and prepare Conditional
Letter of Map Revision (CLOMR) for FEMA; and
• Phase 5: Complete construction of the project and prepare Letter of Map Revision (LOMR) for FEMA.
This scope pertains to Phase 1 only, but GHD is prepared to assist the City with Phases 2 — 5 as optional services.
Subconsultants
GHD will utilize the following subconsultants to assist with execution of the scope of services
• Tabor Drilling (geotechnical exploration)
• GMA Hydrology (stream flow monitoring)
Scope of Work
The following tasks describe the work to be performed by GHD for the 90 percent design of the Copeland Creek
Stormwater Detention Basin / Groundwater Recharge Facility.
Task 1 — Project Management
1.1 Project Management
GHD will provide project management services during the project. The following summarizes our project
management activities:
• Project Work Plan Develop a detailed Project Work Plan for the team to use as a basis for project
execution. The Work Plan will include the following, and discussed with the District at the project kickoff
meeting:
o Project charter
o Scope of work
o Schedule
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
2
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd com W www ghd corn
GHD Task Order 2017-08
Exhibit A
o Budget
o Quality management
o Communications
o City standards and consultant standards (as applicable)
• Project Kickoff Meeting. GHD's project manager and project principal will attend a project kickoff meeting
at the City to review the project Work Plan.
• Project staffing requirements. Evaluate and assign staff as needed to meet project quality and schedule
requirements.
• Project progress. Evaluate and track progress on scope, schedule, and budget. Prepare monthly project
activity reports to be provided with each of our monthly invoices during the project. These reports will
provide the City with a brief description of the activities completed during the previous month.
• Project coordination with the City and project team. Coordination will include two design review meetings
and progress conference calls as necessary to communicate key project issues as they develop during
the course of the work.
Task 1 Deliverables:
• Project Work Plan
• Monthly invoices with progress reports
• Meeting agendas and minutes
Task 2 — Field Surveys and Mapping
2.1 Background Review
GHD will review available information relating to the City's property including the Title Report and survey mapping
for the water tank project. GHD will use the same horizontal and vertical datum used for the water tank as the
basis for the stormwater detention basin. The City will obtain and provide the Title Report to GHD to expedite the
acquisition process.
2.2 Field Survey
GHD will perform a detailed field survey of that portion of the City's property sufficient for design of the detention
basin including:
• benchmarks and survey control used for the water tank project
• property boundary markers, surface features
• Petaluma Hill Road along the property frontage and 100 feet northerly from the culvert
• the culvert carrying Copeland Creek under the road
• top of creek bank
• trees (greater than 6 inches BHD)
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
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T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd corn W www.ghd corn
GHD Task Order 2017-08
Exhibit A
• general topography
To the extent possible, GHD will locate the alignment of the new water transmission pipe. In addition, GHD will
survey up to 12 cross-sections of Copeland Creek for hydraulic modelling as described under Task 4.
2.3 Mapping
GHD will prepare a CAD file with topographical mapping of the City's property with 1 -foot contours showing the
creek channel defined by the top of bank and the surface features picked up during the field survey. Approximate
locations of property boundaries will also be included on the map.
Task 2 Deliverables:
• Field survey notes, including topographic survey notes, will be kept on file at GHD. Topographic survey
base mapping will be used for the preparation of the project deliverables and will not be provided as a
separate deliverable.
Task 3 — Geotechnical Investigation
GHD will utilize the geotechnical evaluation memorandum prepared for the Basis of Design Report to the extent
possible. However, for DSOD review and for complete design documents GHD will perform the following
additional scope to prepare a design -level geotechnical investigation. The geotechnical investigation will be
performed in the responsible charge of a licensed Geotechnical Engineer. The geotechnical scope includes:
• Subsurface exploration
o Obtain County drilling permit
o Mark and clear with USA
o Drill four borings to 25 to 40 feet deep with rotary equipment Drive samples every 5 feet. Log
materials in accordance with ASTM D2488.
o Advance one Cone Penetrometer to 100 feet at the outlet Backfill borings and CPT with grout
• Laboratory testing - Complete the following laboratory tests, as appropriate, on the soil and bedrock
samples obtained during the geotechnical investigation: moisture content, unit weight, Atterberg limits,
sieve analysis, consolidation, triaxial shear, direct shear, unconfined compression, R -value
• Engineering analyses will be performed to support the design -level conclusions and recommendations
for the proposed project. Analyses will include, as appropriate, geologic hazards, liquefaction, evaluation
of soil compressibility, slope stability for the proposed embankment, earthwork, excavatability, structure
bearing and lateral resistance, pipeline design, and access road pavements.
• Preparation of a design -level geotechnical investigation report. The report will include the following
o Description of physical properties and characteristics of the subsurface soils, including
questionable soil, expansive soil, rock, and groundwater
o A plan showing the locations of borings and log of borings
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
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T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd com W www ghd corn
_ GHD Task Order 2017-08
Exhibit A
o Discussion of general and local site geology, seismicity, ground shaking, and other geologic
hazards
o Discussion of compressible or expansive soils, if encountered
o A summary of all laboratory test data
o Discussion of pertinent geotechnical factors (soil, rock, geology, and water) that could affect the
design and construction of this project; and
o Conclusions and recommendations for the following:
• Impacts of questionable soils or rock (expansive, compressible, resistant, liquefiable), if
encountered, and mitigation
• Earthwork recommendations, including site preparation, excavatability, subgrade
preparation, compaction, surface drainage, and erosion potential
• Embankment construction
■ Bedding, backfill, compaction, and moisture requirements for trench bedding and backfill;
■ Pavement alternatives for the proposed access road
Task 3 Deliverables:
• Draft and final geotechnical investigation report (electronic)
Task 4 — Hydrologic and Hydraulic Modeling
4.1 Scenario Evaluation
GHD will develop a design level hydraulic model to analyze and refine the hydraulic performance of the design
components for the new detention basin. This is required to evaluate the performance of a lateral weir for the
inflow/diversion to the detention basin, and to determine the appropriate outflow structure and geometry for fish
passage. The hydraulic model will be developed in HEC -RAS modeling software (USACE 2017), with one-
dimensional unsteady state channel model coupled with a two-dimensional detention basin model. GHD will
develop three (3) hydraulic model scenarios:
1. An existing condition model based on site survey data and augmented with available LiDAR data as
needed to establish the baseline condition. This model scenario will also be used for model validation
analysis based on the flow monitoring data in GMA 2015 and any available data from the 2017 flow
monitoring.
2. A preliminary design model to analyze design details such as basin inlets and outlets settings.
3. A refined design model to back check the hydraulic performance of the detention basin design.
The model extent will include the Copeland Creek reach from the downstream of the Petaluma Hill Road to the
eastern limit of the project site. Each hydraulic model scenario will be run under three flow scenarios: fish
passage design flow, 10 -year design flow, and 100 -year design flow. The design flow hydrograph pattern will be
based on the HEC -HMS modeling output from the Basis of Design phase. Model boundary conditions including
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
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T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd corn W www ghd corn
GHD Task Order 2017-08
,_.'.;... Exhibit A
peak flows and water surface elevations will be based on the concept design (GHD 2016). No new hydrology
analysis, and Copeland Creek hydraulic modeling outside the project site will be performed in this task.
GHD will prepare a draft technical memorandum after completing the evaluations of Scenarios 1 and 2 to refine
the design of the basin inlet and outlet settings. As the design of the basin progresses and is refined further,
GHD will finalize the technical memorandum including the evaluation of Scenario 3.
4.2 Stream Flow Monitoring
Stream flow data will be necessary to calibrate and verify the model simulation of the detention basin and creek
channel. Data collected previously for the alterative analysis captured high flow events but not the low flow
conditions. In order to complete the 90 percent design for consultation with CDFW and NMFS, collection of
additional streamflow data that captures both low flow and peak events is necessary for model calibration and
verification. Streamflow monitoring will occur at a minimum of three locations and will be by performed GMA
Hydrology.
Task 4 Deliverables:
• Draft and final hydrology and hydraulic analysis technical memorandum (electronic)
Task 5 — 90 Percent Design
Task 5 includes the preparation of plans, technical specifications, and engineer's opinion of probable construction
costs for the project. This task will include two deliverables, a 60 percent design submittal and a 90 percent design
submittal. GHD will make submittals to the City, and the City will coordinate with the Water Agency to schedule
review meetings. The review meetings are included under Task 1.
5.1 60 Percent Design Submittal
Prepare 60 percent plans using project base map prepared under Task 2. The 60 percent design includes plans,
sections and some construction details, key technical specifications, and preliminary cost estimates (by bid item).
The 60 percent design will be sufficiently complete and sufficiently detailed to coordinate with DSOD and receive
informal input on the design. GHD will coordinate directly with DSOD to obtain their input on the design of the
detention basin under this task and incorporate their input into the 60 percent design submittal. A formal DSOD
review process will not be initiated under this scope of services.
5.2 90 Percent Design Submittal
Prepare a 90 percent design that address review comments from the City and Water Agency from the 60 percent
design. The 90 percent design includes plans, sections and construction details, key technical specifications, and
engineer's estimate of probable construction cost (by bid item). GHD will meet with the City to review the design
submittal, and GHD will address review comments in a final deliverable.
The final 90 percent design will be sufficiently complete and sufficiently detailed to coordinate with CDFW and
NMFS regarding fish passage and stormwater detention. Coordination with CDFW and NMFS will not be initiated
under this scope of services.
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd corn W www ghd corn
GHD Task Order 2017-08
Exhibit A
Task 5 Deliverables:
• 60 percent design plans, technical specifications, and preliminary cost estimate (electronic)
• Preliminary 90 percent design plans, technical specifications, and cost estimate (electronic)
• Final 90 percent design plans, technical specifications, and cost estimate (electronic)
Optional Services Not Included
The following optional services are not included in the scope of work:
• Hydrologic and hydraulic modelling of Copeland Creek upstream and downstream of the detention
basin;
• CEQA documents and permitting;
• CLOMR / LOMR for FEMA;
• Final design and construction documents for advertising for bids; and
• Other services not otherwise described in this scope of services.
City Responsibilities
In addition to other responsibilities of the City described in this scope of services, the City shall:
• Obtain a Title Report for the City's property where the detention basin will be located;
• Provide survey mapping and construction documents for the City's water tank project;
• Provide grant funding administration;
• Coordinate with Sonoma County Water Agency; and
• Provide review comments on the project deliverables described in this scope of services.
Project Team
The following GHD personnel are assigned as project or technical leads for this project:
• Project Principal — Iver Skavdal, PE
• Project Manager — Ted Whiton, PE
• Project Engineer — Patrick Sullivan, PE
• Surveyor — Richard Maddock, PLS
• Geotechnical Engineer — Chris Trumbull, PE, GE, D.GE
• Hydrology / Hydraulics — Raymond Wong, PhD, PE
Project Schedule
Engineering services will begin with the City issuing a Notice -to -Proceed for this scope of work, which is
anticipated on September 27, 2017 following the City Council's approval. According to the City's Funding
Agreement with the Water Agency, the 90 percent design needs to be completed by February 28, 2018.
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd corn W www.ghd corn 7
GHD Task Order 2017-08
Exhibit A
51
Engineering Fee
Compensation for services shall be on a time and materials basis not to exceed $295,600. GHD's fee includes a
$10,000 contingency for additional services that will be used only at the City's discretion. A copy of GHD's
estimated labor and fee by task and labor category is attached.
Closing
Please don't hesitate to contact me if you have any questions regarding the scope of work. You can reach me by
email at Ted.Whiton@ghd.com or by phone at (707) 540-9007. Thank you for the opportunity to assist the City of
Rohnert Park.
Sincerely,
GHD Inc.
Theodore B. Whiton, P.E.
Principal / Senior Civil Engineer
GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com
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