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2014/02/11 City Council Agenda Packet City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 792-1876 ♦ 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, February 11, 2014 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 February 11, 2014 for City Council/RPFA/CDC Successor Agency Page 2 of 6 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Belforte__ Mackenzie__ Stafford __ Ahanotu __ Callinan __) 2. PLEDGE OF ALLEGIANCE By Aiden Streeter, Monte Vista Elementary Student 3. PRESENTATIONS A. Mayor’s Proclamation: Recognition for Outstanding Service presented to Rohnert Park Family Resource Center for their Annual Coat Giveaway B. Rohnert Park Family Resource Center: Its focus on child welfare issues and services for the Rohnert Park Community by Robin Bowen, Executive Director of the California Parenting Institute 4. SSU STUDENT REPORT By Libby Dippel, Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative 5. DEPARTMENT HEAD BRIEFING A. Department of Public Safety: Annual Crime Report B. Finance Department: General Fund 10 Year History and Short-term Outlook 6. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 7. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting January 28, 2014 B. Acceptance of Reports for: 1. City Bills/Demands for Payment Dated February 11, 2014 C. City Council Resolutions for Adoption: 1. 2014-008 Rejecting the Claim of Gary Leucht 2. 2014-009 Authorizing and Approving a Design Professional Services Agreement for the Rohnert Park Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 with GHD, Inc., for Design Engineering Services City of Rohnert Park Joint Regular Meeting Agenda February 11, 2014 for City Council/RPFA/CDC Successor Agency Page 3 of 6 3. 2014-010 Authorizing and Approving a Design Professional Services Agreement for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project No. 2014-01 with GHD, Inc., for Design Engineering Services 4. 2014-011 Authorizing and Approving a Design Professional Services Agreement for the Rohnert Park Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 with Brelje and Race, Inc., for Design Review and Construction Management Engineering Services Council Motion/Vote 8. VOLUNTARY WATER CONSERVATION EFFORTS Consideration of Adopting a Resolution Supporting State and Regional Voluntary Water Conservation Efforts and Encouraging Customers to Voluntarily Reduce Water Usage by 20% A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2014-012 Supporting State and Regional Efforts to Achieve Voluntary Water Conservation Efforts and Encouraging Customers to Voluntarily Reduce Water Usage by 20% a. Council motion/discussion/vote 9. FACILITY CAPITAL PROJECTS LIST FOR USE OF FORMER CDC (RDA) TAX ALLOCATION BONDS Consideration of approving the Facility Capital Projects List for use of former CDC (RDA) bond proceeds and the Recreation Facility Improvement Project List for use of capital outlay funds A. Staff Report B. Public Comment C. Council discussion/action 10. CONSIDERATION OF AMENDMENTS TO THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) JOINT POWERS AUTHORITY AGREEMENT Proposed amendments would conditionally authorize associate members to become voting members A. Staff Report B. Public Comment C. Council discussion/direction City of Rohnert Park Joint Regular Meeting Agenda February 11, 2014 for City Council/RPFA/CDC Successor Agency Page 4 of 6 11. OVERSIGHT BOARD TO THE CDC SUCCESSOR AGENCY REPLACEMENT APPOINTMENT Acknowledge Resignation of Linda Babonis and confirm the Mayor’s Appointment of Marilyn Ponton A. Staff Report B. Public Comment C. Council discussion/concurrence 12. PUBLIC HEARING: (NO EARLIER THAN 6PM) CITY OF ROHNERT PARK PARKING PERMIT PROGRAM The creation of designated residential permit parking areas on Maximillian Place and a portion of Maurice Avenue to be listed under M-Section Permitted Parking Area, per existing City Ordinance 818 (10.5 MC). If approved adopt regulations and recommended time restrictions. A. Staff Report B. Open and Close Public Hearing C. Resolutions for Adoption: 1. 2014-013 Approving the Addition of Maximillian Place to the M-Section Residential Permit Parking Area of the City-Wide Residential Permit Parking Program a. Council motion/discussion/vote 2. 2014-014 Approving the Addition of Maurice Avenue between Mercedes Way and Michael Way to the M-Section Residential Permit Parking Area of the City-Wide Residential Permit Parking Program a. Council motion/discussion/vote 3. 2014-015 Approving the Establishment of Residential Permit Parking Fees a. Council motion/discussion/vote 13. STANDING COMMITTEE / LIAISON 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 Report 1. Water Advisory Committee, 2/3 (Callinan) 2. SCTA/RCPA, 2/10 (Mackenzie) C. Other Reports City of Rohnert Park Joint Regular Meeting Agenda February 11, 2014 for City Council/RPFA/CDC Successor Agency Page 5 of 6 14. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. A. Staff’s response to a letter from Dorothy Torrilhon regarding road maintenance at the Spreckels Performing Arts Center entrance/exit from Snyder Lane. 15. PUBLIC COMMENTS Persons wishing to address the Council on any Closed Session 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. 16. CLOSED SESSION A. Recess to Closed Session in Conference Room 2A to Consider: 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organizations: a. Service Employees’ International Union (SEIU) b. Rohnert Park Employees’ Association (RPEA) c. Rohnert Park Public Safety Officers’ Association (RPPSOA) d. Rohnert Park Public Safety Managers’ Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees 2. 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. Mayor’s Report On Closed Session (Government Code § 54957.1) 17. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda February 11, 2014 for City Council/RPFA/CDC Successor Agency Page 6 of 6 CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the February 11, 2014, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on February 6, 2014, 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 6th day of February, 2014, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk 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. Office of the Mayor of the City of Rohnert Park, California P r o c l a m a t i o n Proclaiming that an Award of Recognition for Outstanding Community Service be presented to ROHNERT PARK FAMILY RESOURCE CENTER for their Annual Coat Giveaway WHEREAS, in May, 2013, the Sonoma County Adult and Youth Development (SCAYD) merged with the California Parenting Institute (CPI) and is now known as the Rohnert Park Family Resource Center; and WHEREAS, the Resource Center offers low-fee counseling services to children and families, parent education classes in English and Spanish, resource assistance, and continues to make a difference for literally thousands in this community; and WHEREAS, Council wishes to recognize the Family Resource Center for their recent annual Coat Giveaway in January which helped many of our neighbors; and NOW, THEREFORE, BE IT PROCLAIMED that I, Joseph Callinan, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby recognize and thank the Rohnert Park Family Resource Center for their significant contributions as a pillar of our Community. Proclaimed this 11th day of February by: ____________________________________________ Joseph T. Callinan, Mayor City Council Report 2/11/14 Council: .,/ it j i X Miscellaneous Communications Agenda it L Copy to: cu- „r Copy to: • SSU's department of theatre and dance's production of Fiddler on the Roof has five performances left, from Wednesday February 12th to Sunday February 16th. Details on the exact performance times can be found on the Sonoma.edu website. All shows are in Person theatre, which has just recently been renovated with new paint, lobby furniture and reupholstered theatre seats • SSU's international services reports that for the sixth year in a row, the University has ranked the highest per capital of all 23 CSU campuses in submitting applications to CSU International Programs. It is also the second highest state -wide in number of applications submitted • On Sunday March 211d there will be a Greek Community Service day. Approximately 600 members of the Greek Community, in collaboration with our community service program on campus, will be participating in a variety of service projects in the local communities, from Petaluma through Santa Rosa. I am including a letter drafted by Adam Rosenkranz who organized this entire event • SSU is establishing North Bay Engineering Industry Advisory Board to serve the needs of Hi -tech companies. The board is made up of 12 representatives from hi -tech companies and educational institutions in the area, and it's being developed to forge a strong and mutually beneficial public - private engineering research and education collaboration between SSU students and faculty, and the local industry • SSU has named their first ever director of sustainability who will also chair the newly created Sustainability Executive Committee • SSU Music Department has announced the Weill Hall Spring Series. It will feature a lineup of classic chamber ensembles, classical guitar and jazz based selections for virtuoso trumpet. The series runs from February 4th to April 26th. For more information you can visit www.sonoma.edu/music /performances • Women's softball, men's baseball, men & women's tennis, women's water polo and men & women's basketball are all in season now, and if you would like to attend any of their games, visit sonomaseawolves.com to see their full schedules • There is a lot of talk on campus about the proposed Academic Success Fee. You will see this issue come up in several issue of the STAR, and it is quickly becoming the hot topic on campus. Right now it's currently still in the brainstorming phase, and it is not set in stone. Over the next few weeks, more details will become clear if anyone is curious 120 Day Ordinance Feedback Council: aft% i 1iA Miscellaneous Communications Agenda No., LA Copy to: C (( \ Copy to: • Students felt it was unfair that there was a lack of student representation at the meeting (since it was scheduled before many students had come back for the Fall semester) • Students worried that the parties could get bigger and more dangerous. Ex: A house is throwing a party with the understanding that they will receive a 120 day warning. Since 120 days is a long period of time, students may feel the need to "party harder" • Students believe it is SSU's responsibility to provide more student housing • Students would like to see some positive reinforcement and give people an incentive to not party • Students would like to see some kind of "student neighborhoods" so there could be peer to peer accountability • The fact that having ten people in a house could be constituted as too large of a gathering seems unreasonable to the students. For example, one student told me that he lives in a house that has a total of five people. If each person brings over just one guest, it seems ridiculous to them that they could be eligible to get a notice. It also seems unreasonable that a house could receive a 120 day notice at any hour of the day. A student reported that he only had about 12 people over at his house for a BBQ in the middle of the day, and that he still got in trouble. This seemed extreme to him. Other cities that have noise ordinances specify certain hours of the day that a house could receive a notice (Ex: Between 10pm -6am). Both of these issues came up over and over again • Students feel very targeted. A specific example of this was shared to me. A group of sorority girls occupy a house in M section. One day, during the week in the late afternoon, someone calls the police to make a noise complaint about a house making noise, which weren't even them. Despite the fact that they weren't the ones producing the noise, the cops automatically came to their house just because they knew sorority girls lived there. This same girl reported to me that she has seen some residents that sit outside their house just waiting for a student occupied house to make noise (even if the level is reasonable), just so they can call the cops. • (Prior to the student center opening) - Students were frustrated that they didn't really have any large space where they could have social gatherings. • Students feel like this has created even more animosity between students and residents, and has created a very "us vs them" feeling • Students who have received 120 day warnings say that there isn't always alcohol involved, so it's very frustrating that just having something like a potluck or BBQ could prompt this • Students feel there is not an adequate amount of night life provided in Rohnert Park • Students feel that residents greatly exaggerating how `bad" we are and fail to see any of the good we provide for the community • Students wanted to know how we could give back to the community to show that we really do care • Students feel that if we were more embraced, that Rohnert Park has the opportunity to become more marketable and drive up property values • Students now fear the police, instead of feeling protected by them • Students would like to see the city collaborate and outreach to us more often. To take advantage of us being here and utilize us so we can create more of a town and gown relationship February 7, 2014 Dear Community Leaders, As chapter Presidents of fraternities and sororities at Sonoma State University, we are writing to inform you about the upcoming Greek Community Service day on Sunday, March 2nd. As members of fraternal organizations we strive to engage in meaningful service endeavors that positively contribute to the communities in which we live in. It is our hope that incorporating all fraternity and sorority members will enable us to show our investment in the city in which we reside in and our desire to make impactful and substantial change. On March 2nd, approximately 600 Greeks in collaboration with Join us Making Progress (JUMP), will be participating in a variety of service projects in the local community. These projects range from cleanups to ecological restoration to assisting the food bank. As a result of our collaboration with JUMP, the on- campus community service program, we will have the opportunity to partner with 12 -15 local non - profit organizations. Philanthropy and service are the most prominent pillars of fraternity and sorority life at Sonoma State University. Over the past year, Greeks performed upwards of 8,000 community service hours and raised over $75,000 for non - profit organizations. We are extremely excited for this inaugural event and look forward to the foundation it will lay. We recognize the wonderful opportunity we have to spend our undergraduate years in beautiful Sonoma County and wish to do a small part to better it. Please feel free to pass this letter along to any other community members you feel appropriate, and do not hesitate to contact us if you have any questions! Fraternity & Sorority Life at Sonoma State Council: a./ i kJ' ,-. X e Miscellaneous Communications Agenda tip, I-I Copy to: Cy( Cot ../ -i. x Copy to: Sincerely fraternity and sorority Presidents, Adam Rosenkranz SSU lnterFraternity Council ifcsonomastate@gmail.com (805)- 390 -3565 Joseph Lysle Alpha Epsilon Pi Emmanuel Rodriguez Nu Alpha Kappa Ashton Myers Alpha Gamma Delta Shoshana Falk Samantha Mraz SSU Panhellenic Council Evan Cannaday Tau Kappa Epsilon Julie Aldag Alpha XI,Delta Sarah Hicks Alpha Delta �P %%i�������,,� ° p Emma l •V Alpha Omicron Pi Cecilia Sanchez Sigma Pi Alpha Justin Vaughns Kappa Alpha Psi Lambda Kap.a Pi Christina Canchola Sigma Omega Nu Scott Liebert Joshua Diebel taXAlphaYs� Phi Michael Meiswinkel Sigma Alpha Epsilon Hazel Chadwick Gamma�jhi Beta CXI�' idortz- Vanessa Star Phi Sig a aness 1GC Yessica Parra Lambda Theta Nu i SONOMA STATE U N IV E CAS ITY Andrue Zaharris Al .ha Si a Phi Katie Bailey Kappa Delta Zeta Chloe Kruskol JUMP Juan -Pablo Perez Sigma Lambda Beta Angelica Arguelles Lambda Sigma Gamma Part I  Crimes Yearly Totals 2009 2010 2011 2012 2013Person CrimesHomicide01121Forcible Rape 9 9 16 11 16Robbery 28 22 16 21 24Aggravated Assault 166 134 162 121 138Property CrimesBurglary 155 143 156 118 136Larceny 698 638 594 596 487Motor Vehicle Theft5254525964Total 1108 1001 997 928 866 Part I Crimes:Person0112199161116282216212416613416212113802550751001251501752002009 2010 2011 2012 2013HomicideForcible RapeRobberyAggravated Assault Part I Crimes:Property155143156118136698638594596487525452596401002003004005006007008002009 2010 2011 2012 2013BurglaryLarcenyMotor Vehicle Theft PART II CRIMES YEARLY TOTALS2009 2010 2011 2012 2013Embezzlement12 7 9 12 12Fraud157 139 130 156 149Stolen Property45 61 67 50 64Forgery/Counterfeiting128 109 101 134 125Vandalism599 360 357 362 282DUI193 153 113 113 142Total1134 829 777 827 774 PARTII CRIMES:127912 121571391301561494561675064128109101134125599360357362282193153113 11314201002003004005006007002009 2010 2011 2012 2013EmbezzlementFraudStolen PropertyForgery/CounterfeitingVandalismDUI ITEM NO. 5.B 1 Meeting Date: February 11, 2014 Department: Finance Submitted By: Mark Walsh, Interim Finance Director Prepared By: Mark Walsh, Interim Finance Director Agenda Title: General Fund 10-Year History and short term revenue outlook RECOMMENDED ACTION: Receive information about the general fund’s historical trends and short term outlook, to be presented by the Finance Department. BACKGROUND: The City’s Finance Department staff has prepared a 10-year general fund history; a short-term revenue outlook; and a discussion of long-term employment liabilities (retirement and retiree health obligations); desires to present the information to the City Council prior to FY 14-15 budget development. ANALYSIS: The City’s 10-year general fund revenue and expenditure history, with eight years of expenditures greater than revenues, followed by two “positive” years, combined with a short- term revenue outlook, provide a sense of momentum in the City’s stated desire to control deficit spending. The long-term employment liabilities discussion presents information about future financing commitments and their budgetary impacts. The presentation also includes a summary of the budget development target provided to operating departments, and a discussion of the purpose and classifications of the City’s general fund reserves. Department Head Approval Date: 2/3/14 City Manager Approval Date: 2/4/14 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. PowerPoint Presentation 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 General Fund 10‐Year History and Short‐Term Financial OutlookMark Walsh, City of Rohnert Park, CA,  Finance Department General Fund 10‐Year History and Short Term Outlook•General Fund 10‐Year History•Revenue Outlook –Short Term•Expenditures – Departmental Budgets•PERS and Retiree Medical Funding Overview•Fund Reserves: purpose and categories•Summary of Outlook General Fund 10‐Year History•Expenditures exceeded revenues for eight consecutive years (FY 03‐04 through FY 10‐11)•Eight years were negative; two years were positive•The eight negative years had expenditures in excess of revenues of $29,750,000 •Average deficit during the negative eight years was $3,718,750 General Fund 10‐Year History•Sales of capital assets totaled $14,787,000 during the “deficit spending” period•Ending fund balance declined $9,939,000 from June 2003 through June 2011•Ending cash balance declined $9,165,000 during the same period (fiscal ‘03 through ‘11) General Fund 10‐Year History•FY10‐11 saw the start of the “recovery,” lead by the “Fiscal Health Plan” of May, 2011•FY 10‐11 shortfall was $857,000•FY 11‐12 gain was $1,212,000•FY 12‐13 gain was $883,759  15,000,000 17,000,000 19,000,000 21,000,000 23,000,000 25,000,000 27,000,000 29,000,000 31,000,000FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13General Fund Revenues and Expenditure History ‐Ten YearRevenuesExpenditures Ten Year Data History: General Fund Revenues, Expenditures, Asset Sales and BalancesFiscal Revenues Expenditures Revenues less Sale of End of Year End of YearYear Expenditures Assets Fund Balance CashFY 03‐04 20,814,000      21,111,000      (297,000)           3,269,000    18,409,000           15,643,000          FY 04‐05 20,863,000      24,381,000      (3,518,000)        1,264,000    20,911,000           12,958,000          FY 05‐06 22,518,000      25,500,000      (2,982,000)        622,000       18,031,000           12,276,000          FY 06‐07 24,281,000      27,047,000      (2,766,000)         ‐                 19,989,000           12,024,881          FY 07‐08 23,976,000      30,140,000      (6,164,000)        4,392,000    16,419,000           12,223,000          FY 08‐09 21,128,000      29,221,000      (8,093,000)        3,995,000    12,167,000           10,789,000          FY 09‐10 19,634,000      24,707,000      (5,073,000)        1,255,000    9,338,000             7,750,000            FY 10‐11 22,054,000      22,911,000      (857,000)            ‐                 8,470,000             6,478,000            FY 11‐12 23,689,000      22,477,000      1,212,000          ‐                 9,552,000             7,891,000            FY 12‐13 24,966,540      24,082,781      883,759              ‐                 11,253,101           9,417,867            Ten Years 223,923,540    251,577,781   (27,654,241)      14,797,000  (7,155,899)            (6,225,133)           Purpose: Demonstrate the City of Rohnert Park's general fund financial history to gain an understanding of the long‐term financial trends, and the volitility of revenues and expenditures.Source: Audited general fund financial statements for the periods indicated. Notes:1) Revenues and expenditures exclude operating transfers in and out. 2) Sale of Assets are as indicated in the operating statement's "other sources" category "below the line." 3) End of Year Fund Balance is the general fund's total balance, regardless of whether it can be used for budget.    The fund balance categories are important for understanding what is and is not available for budgeting. Unspendable (RDA, etc…), $2.7Restricted (Donations, AVA), $2.0Assigned (Claims Liability), $2.4General Fund Reserve, $1.1Retiree Medical Reserve, $2.6General Fund Endowment Reserve, $0.4Unassigned, $4.1Fiscal Year Ending 2013 General Fund Balance Distribution (in millions)General Fund BalanceUnassigned Fund Balance CommitmentsSource: FYE 2013 CAFR,  Preliminary FY 13‐14 Revenue Outlook:General Fund Major Accounts•Mid‐year outlook for receipts through the County property tax system are tracking the FY 13‐14 budget–Property tax is 5% lower than budget –In lieu payments (flip/swap) are 5% higher than budget•Sales taxes, general and Measure E, are projected to be ahead of budget by 10%   •Transient occupancy tax (TOT) is ahead of budget by 26%•Major categories of ongoing revenue are ahead of budget by $1.3 million, or 5.4% of total general fund budgeted revenue of $24.6 million Revenue Outlook for FY 14‐15 Budget – Preliminary•Property tax growth is limited by Prop 13’s 2% cap on assessed value or CPI (October to October)•For FY 14‐15, the CPI limit applies, and is .5% •Sales tax will increase, budget to budget, but the estimate will be conservative due to volatility   •Transient occupancy tax (TOT) is difficult to estimate, but will increase, budget to budget Revenue Outlook for FY 14‐15 Budget – Preliminary•Rohnert Park’s general revenues fluctuate with regional employment (sales tax and TOT)•Economic uncertainty reserves provide safety valve for tighter forecasting of revenues  Concepts for FY 14‐15 Budget Development•Success with revenues over expenditures is recent•Success is due to the “Fiscal Health Plan” of May 2011, and a modest local economic recovery•PERS rates and retiree medical costs are up•Departments were instructed to prepare budgets with a no growth target in ongoing GF expenditures•Reserves require restoration at budget policy level  PERS Retirement and Retiree Medical CostsExternal Threats on a Balanced Budget PERS Retirement Costs/Retiree Medical (“External Threats on Balanced Budget”)•PERS contribution requirements are “must pay, now” •PERS controls the amortization period for prior losses, the “bad news” •Contributions are invested in the stock market•Rohnert Park’s market investments via PERS are 4 times larger than its annual budget•Retiree medical is difficult to control, due to unknown medical inflation and longevity The Defined Benefit Actuary Formula: C + I = B + A•Contribution challenges –Actives to retirees–Salary growth assumptions are declining, causing rates, as percentage of payroll, to increase•Investment return assumptions are relatively low, but may still be too high–Lower assumptions increase employer contributions–Actuarial book value is higher than market value of assets–Stock market risk may be inappropriate method for financing municipal budgets The Defined Benefit Actuary Formula: C + I = B + A•Benefit payments are based on salary assumptions, longevity and inflation•Administrative costs have gone up  Summary of PERS information from Safety Safety Safety Miscellaneous TotalLatest Actuarial Reports (October 2013) First Tier Second Tier Sub Total City 3% @ 50 3% @ 50Valuation Date: June 30, 2012  Accrued Liability ‐ entry age normal 81,829,712$     258,515$          82,088,227$      69,160,432$     151,248,659$     Assets at Actuarial Value 60,173,982$     227,570$          60,401,552$      56,812,073$     117,213,625$     Unfunded Liability at actuarial value 21,655,730$     30,945$             21,686,675$      12,348,359$     34,035,034$     Market Value of Assets 50,408,273      190,637            50,598,910        47,375,217      97,974,127      Unfunded Liability ‐ at Market Value 31,421,439      67,878              31,489,317        21,785,215      53,274,532      FY 13‐14 Contributions, as % of payroll 47.65% 26.15% 24.40% 35.06%FY 14‐15 Contributions, as % of payroll 51.37% 27.85% 25.55% 37.42%Projected Payroll 13‐14 6,589,194        296,161            6,885,355         7,534,569        14,419,924      Projected Payroll 14‐15 6,150,593        270,486            6,421,079         7,014,945        13,436,024      Employer Contribution Est. 13‐14 3,139,421        77,443              3,216,864         1,838,736        5,055,601        Employer Contribution Est. 14‐15 3,159,560        75,327              3,234,887         1,792,318        5,027,205        Notes: 1) Projected payroll means the pensionable amounts, and should not be considered an estimate of salaries and wages.2) Information is sourced from actuarial reports, as of the valuation date.3) Employer contributions were calculated by taking required contribution rate times estimated projected payroll. Selected Retiree Medical Summary InformationBased on Actuarial Information (latest available at December 2013)Valuation Date: July 1, 2012Actuarial Accrued Liability 41,857,000$       Plan Assets 1,654,000$          Unfunded Actuarial Accrued Liability 40,203,000$       Normal Cost 760,000$             UAAL Amortization 3,049,000$          Annual Required Contribution3,809,000$          Benefit payment projection for FY 13‐14 (a) 1,565,000           Benefit payment projection for FY 14‐15 (b) 1,795,000           Notes:a) From actuarial valuation dated July 2011b) From actuarial valuation dated July 2012 Reserves Protect Core Programs Against Sudden Funding Shortages and Needs•Revenue changes (Sales, TOT, State Shifts)•Uncontrollable expenditure changes (PERS/OPEB)•Capital replacement•Program transition  Reserves Specific to Rohnert Park Sudden Funding Shortages and Needs•General Fund Reserve (10%)–Economy; Cash Flow; Debt/Capital; Legal•Contingency reserve (5%) –Natural disaster and other unforeseeable items•Capital replacement: vehicles, buildings•Self insurance reserves•Retiree Medical PERS fluctuations•General Fund Endowment, “one‐time for one‐time” Summary•Recent good news on volatile revenues and departmental expenditure control•PERS/OPEB costs are not controllable in short term –the same term in which we predict the sales, TOT, and property tax revenues•Recommendation is to not use the new revenue growth for ongoing expenditures•Priority is to establish fluctuation reserves, provide infrastructure, and create a structurally balanced budget.  Questions? 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, January 28, 2014 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 Callinan called the joint regular meeting to order at 5 pm, the notice for which being legally noticed on January 23, 2014. Present: Joseph T. Callinan, Mayor Amy O. Ahanotu, Vice Mayor Gina Belforte, Council Member Jake Mackenzie, Council Member Pam Stafford, Council Member Absent: None Staff present: City Manager Jenkins, City Attorney Kenyon, City Clerk Buergler, Director of Public Works and Community Services McArthur, Senior Analyst Atkins, Interim Development Services Director Ponton, Interim Finance Director Walsh, Accounting Supervisor Kwong, and IT Supervisor Rowley. 2. PLEDGE OF ALLEGIANCE Led by Chase Little, 5th Grade, Marguerite Hahn Elementary School Student. 3. PRESENTATIONS A. Mayor’s Proclamation: Award of Recognition for Outstanding Community Service be presented to Mark Pippin for the Children’s Holiday Bike Giveaway Mayor Callinan read and presented the proclamation to Mark Pippin. B. Mayor’s Proclamation: Award of Recognition for Outstanding Community Service be presented to Rosalind Morino for providing tax aid services for seniors Mayor Callinan read and presented the proclamation to Rosalind Morino. Item 7.A.1 City of Rohnert Park Joint Regular Meeting Minutes January 28, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 6 C. An overview of issues facing Sonoma County as they relate to Rohnert Park - presentation by Sonoma County 2nd District Supervisor David Rabbitt Item not heard because Supervisor Rabbitt could not attend. 4. DEPARTMENT HEAD BRIEFING A. Administration: State drought emergency in California. State and City asking for voluntary water reduction of 20% City Manager Jenkins presented the item. Requesting Rohnert Park citizens voluntarily reduce water use by 20% will be considered at a future meeting. 5. PUBLIC COMMENTS Rich Klingbeil thanked the Council for quickly addressing his construction concerns on Santa Alicia as the situation is greatly improved. Tony Geraldi provided information regarding the 2014 Miss Sonoma County Scholarship program. The event will be held at the Spreckels Performing Arts Center March 1, 2014. Ashley Kimball, Miss Sonoma County 2013, spoke regarding her experience as Miss Sonoma County and the program. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting January 14, 2014 B. Acceptance of Reports for: 1. 2013 Annual Fire Report 2. Alcoholic Beverage Sales Ordinance 2013 Annual Report 3. City Bills/Demands for Payment Dated January 28, 2014 4. Successor Agency to the CDC Bills/Demands for Payment Dated January 28, 2014 5. Housing Successor Agency- Cash Report for Month Ending December 2013 6. Successor Agency- Cash Report for Month Ending December 2013 7. City- Cash Report for Month Ending December 2013 8. RPFA- Cash Report for Month Ending December 2013 9. Quarterly City Council Travel Expenditures C. City Council Resolutions for Adoption: 1. 2014-003 Authorize and Approve Amendment 1 to Task Order No. 2013-01 with Green Valley Consulting Engineers for Inspection and Material Testing of the Labath/Business Park Overlay and Traffic Signal Installation 2. 2014-004 Authorize and Approve a Design Professional Services Agreement for the Rohnert Park Expressway Overlay Project No. 2013-01 with City of Rohnert Park Joint Regular Meeting Minutes January 28, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 6 Coastland Civil Engineering, Inc. for Design Engineering Services (PULLED by Belforte) 3. 2014-005 Repeal and Replace Resolution 2010-117 and Authorizing City Officials and Representatives to Perform Examination of Sales or Transactions and Use Tax Records 4. 2014-006 Approve and Accept 1997 Grant Deed from the Rohnert Park District to City of Rohnert Park for Sewer Pump Station and Animal Shelter Property (APN 143-040-002-097 & 098) 5. 2014-007 Authorize and Approve an Employment Agreement between the City of Rohnert Park and Victoria Perrault for Human Resources Director Services ACTION: Moved/seconded (Stafford/Mackenzie) to approve the Consent Calendar. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. C. City Council Resolutions for Adoption: 2. 2014-004 Authorize and Approve a Design Professional Services Agreement for the Rohnert Park Expressway Overlay Project No. 2013-01 with Coastland Civil Engineering, Inc. for Design Engineering Services Council Member Belforte asked if signs were being installed stating how the project was funded. City Manager Jenkins stated the information will be added. Recommended Action(s): adopt the resolution. ACTION: Moved/seconded (Belforte/Mackenzie) to approve Resolution 2014-004. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. 7. FISCAL YEAR 2012-13 FINANCIAL AUDIT Director of Finance Walsh presented the item. Auditor, Vavrinek, Trine, Day & Co., LLC, was available for questions. Recommended Action(s): Accept financial statement audit and financial reports. A. Presentation of Financial Statements and Independent Audit: 1. City of Rohnert Park Comprehensive Annual Financial Report 2. City of Rohnert Park Financing Authority Basic Financial Statements 3. City of Rohnert Park Independent Accountants’ Report on Agreed-Upon Procedures Applied to Appropriations (GANN) Limit Schedule ACTION: By Consensus City Council received and accepted reports. City of Rohnert Park Joint Regular Meeting Minutes January 28, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 6 8. CAMPAIGN CONTRIBUTION LIMIT REVIEW ESTABLISHED BY ROHNERT PARK MUNICIPAL CODE §2.65.030 City Manager Jenkins introduced the item. Recommended Action(s): Review the established campaign contribution limit and maintain the current $500 limit. ACTION: Moved/seconded (Mackenzie/Stafford) the Recommended Action. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. 9. DIGITAL BILLBOARD USE POLICY Director of Public Works and Community Services McArthur presented the item. Recommended Action(s): Amend Section D (message content) of the Digital Billboard Use Policy (Policy) to allow local nonprofits messages for welcoming new businesses to Rohnert Park, and eliminate Exhibit D - local nonprofit organizations in Rohnert Park list. ACTION: By Consensus City Council directed staff to move forward with the policy amendments and forward to the Economic Development Committee for review and recommendation for City Council to consider. 10. MAYORS’ & COUNCILMEMBERS’ ASSOCIATION MATTERS City Manager Jenkins introduced the item. Recommended Action(s): Authorize Mayor to vote for nominees to LAFCO, RAN, and Sonoma County Child Care Planning Council at the February 13, 2014 meetings. A. City Selection Committee Appointments: 1. Local Agency Formation Commission (LAFCO) for a four-year term ACTION: Moved/seconded (Callinan/Mackenzie) to authorize the Mayor to cast a vote for Pam Stafford, Rohnert Park. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. 2. Remote Access Network (RAN) Board (no term, must be filled by a Mayor) ACTION: Moved/seconded (Stafford/Mackenzie) to authorize the Mayor to cast a vote for Joseph T. Callinan, Rohnert Park. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. B. Mayors’ and Councilmembers’ Association Appointments: 1. Sonoma County Child Care Planning Council for a three-year term City of Rohnert Park Joint Regular Meeting Minutes January 28, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 6 ACTION: Moved/seconded (Stafford/Mackenzie) to authorize the Mayor to cast a vote for Susan Harvey, Cotati. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. 11. STANDING COMMITTEE / LIAISON REPORTS A. Standing Committee Reports B. Liaison Reports 1. Senior Citizens Advisory Commission, 1/16 Council Member Stafford reported the Commission is very interested in what is going on in the community and still has a vacancy to fill. 2. Chamber of Commerce, 1/21 Council Member Stafford reported membership is steady, Sonoma County Airport Manager Jon Stout and Cotati-Rohnert Park School District Superintendent Robert Haley will be the February NoonTimes speakers, and City Manager Jenkins will be the March NoonTimes speaker. 3. Golf Course Oversight Committee, 1/7 (Stafford) Council Member Stafford reported on the development of a pedestrian safety plan for the Municipal Golf Course which is being forwarded to the Parks & Recreation Commission for consideration, and then will come to the City Council for consideration. The Committee received a report on the status of the golf course operations. 4. REMIF Annual Meeting, 1/23 and 24 City Manager Jenkins reported the City contracts with REMIF for the Anthem Blue Cross medical insurance and a premium increase of 13% is expected. In April REMIF will consider health care options including going back to a self- funded plan or continuing with the current plan. The City has a good experience with liability insurance and is receiving approximately a $46,000 refund. C. Other Reports Council Member Mackenzie reported both Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) are in litigations after the adoption of Plan Bay Area and are moving toward settlement. Council Member Belforte as the Health Action liaison- reported on a meeting regarding Rohnert Park to discuss ways to help those in need. The American Lung Association reported Rohnert Park has a B in terms of California local grades for tobacco control. 12. COMMUNICATIONS Council Member Mackenzie discussed a communication from City Manager Jenkins regarding the status of the Library JPA proposed amendment. Some of the Original JPA City of Rohnert Park Joint Regular Meeting Minutes January 28, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 6 member agencies rejected the draft Amended JPA because of two main issues, which are community library hours and representation. Once they resolve those issues, revise the Amended JPA language, and recirculate for voting, it will be agendized for consideration in Rohnert Park. Vice Mayor Ahanotu agreed with the City Manager’s communication. 13. MATTERS FROM/FOR COUNCIL Council Member Stafford reported on the Rohnert Park Public Safety Officers’ Association crab feed. 14. PUBLIC COMMENTS 15. CLOSED SESSION A. Mayor Callinan made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 6:05 pm in Conference Room 2A to Consider: 1. Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): City Manager Jenkins Employee Organization: a. Service Employees’ International Union (SEIU) b. Rohnert Park Employees’ Association (RPEA) c. Rohnert Park Public Safety Officers’ Association (RPPSOA) d. Rohnert Park Public Safety Managers’ Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees 2. Personnel Matters (Government Code §54957) Public Employee Performance Evaluation – Title: City Manager B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 9:25 pm C. Mayor’s Report On Closed Session (Government Code § 54957.1) No reportable action. 16. ADJOURNMENT Mayor Callinan adjourned the joint regular meeting at 9:25 pm. _____________________________________ __________________________________ JoAnne Buergler, City Clerk Joseph T. Callinan, Mayor City of Rohnert Park City of Rohnert Park RESOLUTION NO. 2014-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF Gary Leucht BE IT RESOLVED by the City Council of the City of Rohnert Park that the Claim for alleged damages dated September 2, 2013 and received September 11, 2013 is hereby rejected. DULY AND REGULARLY ADOPTED this 11th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Claim No. 2013-15 BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Item 7.C.1 ITEM NO. 7.C.2 1 Meeting Date: February 11, 2014 Department: Development Services Submitted By: Patrick Barnes, Deputy City Engineer Agenda Title: Authorizing and Approving a Design Professional Services Agreement for the Rohnert Park Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 with GHD, Inc., for Design Engineering Services RECOMMENDED ACTION: Authorize and Approve a Design Professional Services Agreement with GHD, Inc., for Engineering Design Services for the Sewer Force Main Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 in the amount of $79,825. BACKGROUND: History The City sewer system collects wastewater and transports it to a central collection point, the sewer pump station on Redwood Drive. The City has two sewer force mains which convey wastewater from the City’s pump station to the regional wastewater treatment plant. The older of these two force mains is a 3.5-mile, 24-inch Asbestos Cement Pipe (ACP) force main. This force main was originally a gravity sewer line constructed in 1975. It was converted to a force main in 1997. A parallel 30-inch line was constructed in 2007. Prior to the construction of the parallel force main, rehabilitation of the existing 24-inch pipeline was identified as required future project needed to provide redundancy for the existing system. This project was placed into the City’s Public Facilities Finance Plan. Recent testing The City of Rohnert Park recently completed an inspection of the older sewer force main. After that inspection the City repaired a siphon that ran under the Laguna de Santa Rosa and a metal spool that was under the Sonoma County Water Agency High Pressure Water Transmission Aqueduct. As part of that later project, the city took samples of the ACP force main and had them tested. The tests and the inspections indicate that the older sewer force main is deteriorated in places primarily toward the end of the pipe. Pipe near the SCWA spool was found to be 50% more deteriorated than pipe well upstream. As the name implies, Asbestos Cement Pipe is partly made of cement. This cement can be attacked and leach in when subjected to acids. Wastewater produces hydrogen sulfide gas as it breaks down. If this gas leaves the water and enters air in the pipe it can combine with moisture and condense as sulfuric acid. 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.C.2 2 Recommended Repairs The last 2,293 feet of the pipe from Manhole #5 to the treatment plant is designed to flow under gravity flow. This section of the interceptor outfall is particularly susceptible to this damage. Its location provides more time for hydrogen sulfide to form and as it is a gravity pipe, there is always an air space available for the condensation of sulfuric acid. This project will rehabilitate this gravity section of the interceptor outfall. It is important to complete this rehabilitation before the pipe fails. One estimate in the study provides a little over two-year time frame to failure at the far end of the pipe. This pipe runs through a sensitive biological area. There have previously been pipe failures in this area by Sebastopol and Santa Rosa. Prudence dictates that the City of Rohnert Park be proactive in rehabilitating our pipe. Request for Proposals On December 12, 2013, Development Services issued a Request for Proposals (“RFP”) for the purpose of identifying qualified consultants to assist the City with the design of the Project. Seven proposals were received by the due date of January 10, 2014. The City project team reviewed the proposals and scored them on responsiveness to the RFP. Based on the review, staff selected GHD, Inc., based on demonstrated competence and professional qualifications. Their proposal price is $79,825, which staff believes is reasonable for the services to be provided. OPTIONS CONSIDERED: Staff considered other firms for this design and based on the project team, previous experience and project scope believe GHD, Inc., to be the most qualified for this project. Staff also considered how much of the interceptor outfall to rehabilitate at this time. Based on the reports and testing performed, staff believes that rehabilitating the gravity section at this time will provide about a decade to evaluate the remainder of the pipe and determine timing and rehabilitation methods. The gravity section rehabilitation project is a very different sort of project from rehabilitating the force main sections of the pipe and will take greater study and predesign work. FISCAL IMPACT/FUNDING SOURCE: This project is included in the Public Facilities Finance Plan. There are sufficient funds in the PFFP to complete the project. Design costs will be paid for from the PFFP funds. No General Fund monies are needed for this project. Department Head Approval Date: 2014 City Manager Approval Date: 2014 City Attorney Approval Date: 2014 Attachments (list in packet assembly order): 1. Resolution 2. Draft contract RESOLUTION NO. 2014-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT FOR THE ROHNERT PARK INTERCEPTOR OUTFALL GRAVITY SECTION REHABILITATION PROJECT NO. 2011-04 WITH GHD, INC., FOR DESIGN ENGINEERING SERVICES WHEREAS, on November 6, 2013, staff issued a Request for Proposals (“RFP”) for the Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 (“Project”) to identify a qualified consultant that can assist the City with the design of the Project; WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6(D), the City prepared a Request For Proposals and received three proposals on December 3, 2013; and WHEREAS, the City project team chose GHD, Inc., for an award of contract due to their (1) quality of team and ability to staff the Project, (2) experience and expertise in this particular type of work, and (3) understanding of the Project as demonstrated in the selection process. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park authorizes and approves a design professional services agreement by and between GHD, Inc., a California corporation, and the City of Rohnert Park, a municipal corporation, for design related services for the Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04, for a not-to- exceed cost of $79,825. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement for and on behalf of the City of Rohnert Park in substantially similar form as shown in Exhibit A, subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 11th day of July, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Attachment – Exhibit A BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) -1- 1126651v3 80078/0012 v2012-09 City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 DESIGN PROFESSIONAL SERVICES AGREEMENT RE: SEWER INTERCEPTOR OUTFALL GRAVITY SECTION REHABILITATION THIS AGREEMENT is entered into as of the 11th day of February, 2014, by and between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and GHD, Inc., (“Design Professional”), a California corporation. Recitals WHEREAS, City desires to obtain engineering design services in connection with Sewer Interceptor Outfall Gravity Section Rehabilitation; 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 December 31, 2014. 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 Seventy-nine Thousand Eight Hundred Twenty-five Dollars -2- 1126651v3 80078/0012 v2012-09 ($79,825.00). 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 -3- 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. -4- 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. -5- 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 -6- 1126651v3 80078/0012 v2012-09 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, 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. Design Professional, its officers, employees and agents shall not have any power to bind or commit City to any decision. -7- 1126651v3 80078/0012 v2012-09 14. Compliance with Laws. 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 -8- 1126651v3 80078/0012 v2012-09 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.F. 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 -9- 1126651v3 80078/0012 v2012-09 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 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 -10- 1126651v3 80078/0012 v2012-09 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 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: Alex Culick GHD, Inc. 2235 Mercury Way, Suite 150 Santa Rosa, CA 95407 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 -11- 1126651v3 80078/0012 v2012-09 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 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, -12- 1126651v3 80078/0012 v2012-09 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 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 D. Exhibit D: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional E. Exhibit E: Design Consultant Requirements 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 -13- 1126651v3 80078/0012 v2012-09 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. IN WITNESS WHEREOF, the City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK GHD, Inc. By: __________________________________ Darrin Jenkins, City Manager By: Title: Date: Date: Per Resolution No. 2014-_____adopted by the Rohnert Park City Council at its meeting of February 11, 2014. . By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk -14- 1126651v3 80078/0012 v2012-09 EXHIBIT A Scope of Work and Schedule of Performance -15- 1126651v3 80078/0012 Revised: 10/08/10 EXHIBIT B Compensation -16- 1126651v3 80078/0012 v2012-09 EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: Sewer Interceptor Outfall Gravity Section Rehabilitation 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. -17- 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. -18- 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. -19- 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 -20- 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. -21- 1126651v3 80078/0012 v2012-09 EXHIBIT D Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional -22- 1126651v3 80078/0012 v2012-09 EXHIBIT E Design Consultant Requirements Exhibit E Design Consultant Requirements The Consultant agrees to the following standards and practices in performance of engineering design duties. 1. The consultant shall assign one project manager who is responsible for the overall completion of the project and fulfillment of these requirements. 2. Reimbursable expenses shall be considered to be included in the not to exceed price. Consultant project managers are expected to stay within the not-to-exceed price. It is the responsibility of the consultant to document any work outside the agreed upon scope of work including the cost of such work. Work outside the scope of work completed without prior authorization by the City is done at risk by the consultant. 3. All plan check design drawings shall be submitted full size (34” x 22” or equivalent) for review, unless otherwise requested by the City. 4. A minimum of two copies of the plans and specifications will be submitted for each plan check. 5. The specification will use the latest version of the City of Rohnert Park boilerplate Contract Document and Specifications for the project. The consultant will receive the most current version of the specification from the Engineering Administrative Assistant for each design project via email. This shall be modified by the City for insurance requirements, contract time, liquidated damages and environmental mitigation measures. 6. The Division 1 technical specifications shall include a project description. The project description will generally describe the location, and the extents of the project and what work is included in the project. This description shall be suitable for insertion into legal documents and council summary packages. It shall provide a quick overview of the project that a lay person can understand. 7. Technical specifications shall include a description of bid items. If the technical specifications are in CSI format, a list of bid descriptions shall be included in the Division 1 sections. The bid descriptions shall match the bid line items. 8. Division 1 shall include a complete consolidated list of submittals for the project. 9. Electronic documents sent to the City for review shall be in Word format. 10. Plans and specifications shall, as much as possible and within good engineering practice, refer to the City of Rohnert Park Manual of Standards, Details and Specifications which can be downloaded from the City’s website at www.rpcity.org . When Standard Details are incorporated they shall be by reference rather than shown on the plans. 11. The consultant shall note the need for any permitting through the State or other entities including Caltrans, Corps of Engineers, RWQCB, BAAQMD, SCWA, and the County of Sonoma. Consultant is responsible for initiating contact with the permitting agency, meeting with the permitting agency as needed and completing all permit applications as completely as possible prior to sending to the City for signature. 12. The consultant shall note the need for any easements or rights of way required for the project including private landowners, Caltrans, SCWA, and the County of Sonoma. Consultant is responsible for initiating contact with the other entity and completing all easement or right of way forms, including property descriptions as needed, as possible prior to sending to the City for review. 13. The consultant shall develop a project checklist which includes all project paperwork requirements resulting from permitting, easements and funding agreements. 14. At least 45 days prior to bid opening, the consultant shall provide a draft staff report for presentation to City Council requesting to authorize advertisement for bids. 15. The consultant shall complete all noticing and bidding of the project. This includes mailing notices to the City’s five required Trade Journals/Plan Check Houses. Notice shall be mailed at least 30 days prior to the bid opening. 16. The consultant shall make bid copies of the bidding documents, plans and specifications, distribute these and collect payment for the plans and specifications to offset their cost. 17. The consultant shall arrange for and conduct the pre-bid meeting, if such a meeting is deemed necessary. 18. The consultant shall provide all addenda for the bid package as needed, using the City’s addendum form available on the City’s website. 19. After issuance of final addenda and prior to issuance of the Notice to Proceed, the consultant will produce ten (10) conformed sets of plans and drawings that incorporate all the addenda. This shall be done by making the changes on the full size drawings adding the addenda to the front of the specifications books. Consultant shall note the changes on the drawings and in the appropriate place in the Specifications by using the Delta symbol (∆). All addenda shall also be bound into the front of the specifications book, behind the front cover and before the cover page, with most recently issued addendum on top. Addenda pages shall be printed on different color paper than the specifications. 20. Before bid date, consultant shall provide all electronic files to the City. The project plans shall be in pdf format in one file folder with a separate document for each page. Specifications shall be in Word format; the Engineer’s Estimate shall be in Excel format. 21. After bidding the consultant will check the bids for conformance with the contract and bid requirements and determine the responsiveness of each bidder. This includes checking any applicable licenses and qualifications. This shall include checking as required, references to determine required experience. The consultant shall analyze the bids to determine the lowest responsive bidder and comment on any large discrepancies between the engineer’s estimate and the low bid. The consultant shall create the bid table in Excel format, recommend selection of the lowest responsive bid, and justify the rejection of any bids as needed. The consultant shall create a staff report for submission to the City Council providing recommendations for award and or rejection of bids. 22. The consultant shall review submittals pertaining to the project and provide comments, rejection, or stamp “No Exceptions Taken” as appropriate. 23. The consultant shall review submittals and RFIs pertaining to the project and provide responses and guidance as required. 24. After construction is complete, the consultant will create Record Drawings (as- built drawings) based on the contractors marked up set of plans, in electronic format and scan the as-built drawings into pdf format and deliver one copy on bond paper and electronic as-built drawings to the City. The requirements for as-built plans are as follows: a. The As-Builts shall include the contractor’s name, address, phone number and approximate date of project completion. b. Archived Plans shall be of the originally approved plans (Conformed Plans), including signatures of approval, with all contract change order(s), field directives and as-built information added over the originally approved information. c. Archived Plans shall be provided in an electronic format such as Adobe PDF or Tiff file formats, a minimum of 200 Dot per Inch resolution, optimized to a file size not to over burden the typical computer workstation or take more than 5 seconds to open on said workstation. d. The entire set of plans may be in one file or one file for each sheet but not both, in order to comply with number 3 above. e. The Archived Plans shall not be made directly from the electronic drawing files, because this introduces a chance for error or something changed, deleted or otherwise different from the originally approved plans. As a secondary option, the Archived Plans made be provided in duplicate; one set of the originally approved plans (conformed plans) and a second set of the electronic drawings revised to include contract change order, field directives and as-built information added (no deletions) to the plans, then provided in one of the file formats described in number 3 above. ITEM NO. 7.C.3 1 Meeting Date: February 11, 2014 Department: Development Services Submitted By: Patrick Barnes, Deputy City Engineer Agenda Title: Authorize and Approve a Design Professional Services Agreement with GHD Inc., for Engineering Design Services for Eastside Trunk Sewer, Phase III, and Snyder Lane Widening Project No. 2014-01 RECOMMENDED ACTION: Authorize and Approve a Design Professional Services Agreement with GHD, Inc., for Engineering Design Services for Eastside Trunk Sewer, Phase III, and Snyder Widening, Project No. 2014-01 in the amount of $377,488. BACKGROUND: The Eastside Trunk Sewer (ESTS) is a sewer collection capacity expansion project that extends from the City of Rohnert Park’s (City’s) terminal pump station at the western limits of the City to Snyder Lane. The City’s General Plan identified the Eastside Trunk Sewer as an improvement that was necessary to serve planned growth. The ESTS provides new capacity for the Northeast (NESP), Southeast (SESP), University District (UDSP) Specific Plan Areas and the Sonoma Mountain Village (SMV) Planned Development. The City has been working on the Eastside Trunk Sewer Project (ESTS) since 2004. During that time, due to funding constraints the project has been split up into phases. Phase I of the Eastside Trunk Sewer is complete. Phase I extends from the City’s terminal pump station to the intersection of Commerce Blvd and Avram Avenue and includes 5,700 feet of 42-inch diameter gravity sewer. Phase I provides relief capacity for the City’s existing sewer collection system and was sized with adequate capacity to serve the Specific Plan and Planned Development Areas. Phase II of the Eastside Trunk Sewer is currently under construction. Phase II extends from the intersection of Commerce Blvd and Avram Avenue, east along Santa Alicia Drive and Southwest Blvd to Snyder Lane. At Snyder Lane, the sewer extends south to the intersection of Snyder Lane and East Cotati Avenue. Phase II is currently under construction. When Phase II is complete sufficient capacity will be provided for SESP and SMV. Additionally, capacity for up to 400 units will be available for construction in UDSP or NESP. Phase III, the subject of this design contract, extends north from Southwest Blvd and Snyder Lane to Snyder Lane and Rohnert Park Expressway. When Phase III is complete, sufficient capacity will exist for all of UDSP and NESP. 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.C.3 2 As construction in the UDSP specific plan area is expected soon, staff recommends completing the design of Phase III. This will avoid holding up development while the sewer is designed, permitted and constructed. GHD, Inc., formerly Winzler and Kelly, was the designer for Phase I and Phase II of the Eastside Trunk Sewer. This work included preliminary work on ESTS Phase III as well as the widening of Snyder Lane. The design is about 60% percent complete but changes are needed to accommodate new requirements such as Low Impact Design requirements. This contract is for design phase services, including utility and road design, environmental review, permitting, public outreach, and easement coordination. The timing of construction will be determined by developer funding. Therefore, this contract does not include bid and construction phase support. The project includes three discrete projects in the City’s Public Facilities Finance Plan: 1. Eastside Trunk Sewer Phase III running in Snyder Lane from Southwest Boulevard to Rohnert Park Expressway, 2. Snyder Widening from Southwest Boulevard to Medical Center Drive, and 3. Copeland Creek Snyder Lane Bridge Widening The design to date has assumed that the roadway will be widened and a change from this would require significant redesign – essentially a start over. Currently, Snyder Lane is two lanes between Southwest Boulevard and Jasmine Circle, although it is classified as a four-lane Major Arterial Road in the City’s General Plan Policy TR-6. Constructing the ESTS III will require relocating utilities in Snyder lane to the west of the current roadway alignment. Doing both projects concurrently reduces overall costs compared to constructing them separately and avoids redundant construction impacts on the public. OPTIONS CONSIDERED: Staff considered whether the widening of Snyder Lane could be delayed until a later date. This would increase overall costs and traffic disruption and complicate the design. Staff also considered stopping the project at the Copeland Creek Bridge, to simply pick up the flows from Sonoma State University (SSU) and free up space in the College Trunk Sewer. This option did not reduce time on the project design, and would increase overall costs and traffic disruption and result in a sub-optimal design. Staff further considered whether to include optional tasks of $32,500 in this award. This optional funding provides for rescoping the project if either the project changes substantially from the work to date. Two potential sources of these changes are: 1. A change that would affect CEQA requirements or mitigation. 2. Changes in direction among the various stakeholders, such as the school district, that changes the project substantially. ITEM NO. 7.C.3 3 This optional task amount would not necessarily cover all the expenses resulting from a major change but would provide some contingency and funds to detail the impacts of such changes for a future amendment. Staff decided to recommend this optional it m in the interest of time. Without this contingency, a major change could result delays that could result in missing the beginning of the construction season in 2015. FISCAL IMPACT/FUNDING SOURCE: The contract is in the amount of $377,488 which includes a base of $344,988 for the design and optional tasks of $32,500 which includes work for rescoping the project if either the project changes substantially from the work to date. Staff recommends awarding both the base and optional items at this time. This will allow design to move forward in an efficient manner if the optional items are needed. The design costs will be paid from the Public Facilities Finance Plan. There is sufficient funding in the PFFP at this time for the design. The design costs are commensurate with the costs predicted in the PFFP. Funding for construction will need to wait for developer funding or additional PFFP funds. It is recommended by Development Services that the Council, by resolution, authorize the City Manager to accept this Design Professional Services Agreement for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project No. 2014-01 and authorize the Finance Director to increase appropriations in the amount of $377,488 in account number 540-1401-400-9902. The revenue account 540-0000-300-3990 for the transfer of funds from the funding source account 165-0000-400-8100. Department Head Approval Date: 1/30/2014 City Manager Approval Date: 1/31/2014 City Attorney Approval Date: 1/30/2014 Attachments (list in packet assembly order): 1. Resolution 2. Draft contract 2014-010 RESOLUTION NO. 2014-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT FOR THE EASTSIDE TRUNK SEWER PHASE III AND SNYDER LANE WIDENING PROJECT NO. 2014-01 WITH GHD, INC., FOR DESIGN ENGINEERING SERVICES WHEREAS, The City of Rohnert Park General Plan and Public Facilities Finance Plan include projects for Eastside Trunk sewer, widening Snyder Lane and widening the Snyder Lane Bridge at Copeland Creek: and WHEREAS, the City of Rohnert Park entered into a contract with Winzler and Kelly (now GHD Inc.) for studies of the Eastside Trunk sewer in 2004 and 2005; and WHEREAS, the City of Rohnert Park entered into a contract with Winzler and Kelly (now GHD Inc.) for design of the Eastside Trunk sewer and Snyder Lane widening in 2006; and WHEREAS, the City of Rohnert Park amended the contract with Winzler and Kelly (now GHD Inc.) to phase the Eastside Trunk sewer project in 2007; and WHEREAS, the City of Rohnert Park now desires to complete the design of the third phase of the Eastside Trunk Sewer and the Snyder Widening Projects. NOW, THEREFORE, BE IT RESOLVED that it is recommended by Development Services that the Council of the City of Rohnert Park, by resolution, authorize the acceptance of this Design Professional Services Agreement for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project No. 2014-01 and authorize the Finance Director to increase appropriations in the amount of $377,488 in account 540-1401-400-9902. The revenue account 540-0000-300-3990 for the transfer of funds from the funding source account 165-0000-400- 8100. BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park authorizes and approves a design professional services agreement by and between GHD, Inc., a California corporation, and the City of Rohnert Park, a municipal corporation, for design related services for the Eastside Trunk Sewer Phase III and Snyder Lane Widening, Project No. 2014-01 in the amount of $377,488. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement for and on behalf of the City of Rohnert Park in substantially similar form as shown in Exhibit A, subject to minor modification by the City Manager or City Attorney. 2014-010 DULY AND REGULARLY ADOPTED this 11th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Attachment – Exhibit A BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) -1- 1126651v3 80078/0012 v2012-09 City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 DESIGN PROFESSIONAL SERVICES AGREEMENT RE: EASTSIDE TRUNK SEWER, PHASE III, AND SNYDER LANE WIDENING PROJECT NO. 2014-01 THIS AGREEMENT is entered into as of the 11th day of February, 2014, by and between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and GHD, Inc., (“Design Professional”), a California corporation. Recitals WHEREAS, City desires to obtain engineering design services in connection with Eastside Trunk Sewer, Phase III, and Snyder Lane Widening; 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 December 31, 2016. 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 Three Hundred Seventy-seven Thousand Four Hundred Eighty-eight -2- 1126651v3 80078/0012 v2012-09 Dollars ($377,488.00). 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 -3- 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. -4- 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. -5- 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 -6- 1126651v3 80078/0012 v2012-09 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, 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. Design Professional, its officers, employees and agents shall not have any power to bind or commit City to any decision. -7- 1126651v3 80078/0012 v2012-09 14. Compliance with Laws. 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 -8- 1126651v3 80078/0012 v2012-09 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.F. 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 -9- 1126651v3 80078/0012 v2012-09 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 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 -10- 1126651v3 80078/0012 v2012-09 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 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: Alex Culick GHD, Inc. 2235 Mercury Way, Suite 150 Santa Rosa, CA 95407 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 -11- 1126651v3 80078/0012 v2012-09 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 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, -12- 1126651v3 80078/0012 v2012-09 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 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 D. Exhibit D: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional E. Exhibit E: Design Consultant Requirements 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 -13- 1126651v3 80078/0012 v2012-09 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. IN WITNESS WHEREOF, the City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK GHD, Inc. By: __________________________________ Darrin Jenkins, City Manager By: Title: Date: Date: Per Resolution No. 2014-_____adopted by the Rohnert Park City Council at its meeting of February 11, 2014. . By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk -14- 1126651v3 80078/0012 v2012-09 EXHIBIT A Scope of Work and Schedule of Performance 1 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 January 17, 2014 Ref: 840900458 Mr. Patrick Barnes, PE Deputy City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 RE: Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Design Phase Dear Pat, GHD is pleased to submit this proposal for professional engineering services for the Eastside Trunk Sewer (ESTS) Phase 3 and Snyder Lane Widening Project (the “Project”). This proposal is for design phase services, including: utility and road design, environmental review, permitting, public outreach, and easement coordination. The proposal is based on our understanding of the project from our previous work up to 2007 for this phase of the trunk sewer and the road widening, design criteria and specifications prepared for ESTS Phase 2, and recent discussions with City staff. Upon completion of the design phase, GHD and the City would prepare an additional contract task order(s) for future project engineering activities (e.g., bid and construction phase support). Project Understanding The City has initiated roadway widening along the east side of Snyder Lane between Southwest Boulevard and Jasmine Circle as part of this project to implement a portion of CIP Project #TR-26 Phase 1 Snyder Lane Widening and to avoid redundant construction impacts in the area. Currently, Snyder Lane is two lanes between Southwest Boulevard and Jasmine Circle, although it is classified as a four-lane Major Arterial Road in the City’s General Plan Policy TR-6. General Plan Policy TR-6 states, Use the City’s Capital Improvements Program as a means to prioritize and undertake roadway improvements listed in Table 4.1.4 and shown and Figure 4.1-1. Installation of the Eastside Trunk Sewer Phase 3 pipeline would occur in the same area planned for roadway widening. By conducting the roadway widening as part of the Eastside Trunk Sewer Project, construction crews would complete both projects concurrently and avoid redundant construction impacts. As a result of project planning for Snyder Lane road widening, the road widening and associated improvements were extended to Rohnert Park Expressway, just north of Jasmine Circle, and further north to Medical Center Drive to complete the road widening connectivity in the project vicinity and properly transition the widened roadway to match Snyder Lane to the north. Improvements for Snyder Lane associated with road widening include the following general work items: • Road widening to the east, including new pavement section, pedestrian corridor improvements; striping, median, curb, gutter, sidewalk, landscaping, and traffic signal improvements; • Widening of the existing bridge structure (box culverts) at Copeland Creek; • Utility relocation for existing storm drainage, PG&E utilities, and irrigation lines; 2 • Construction of Eastside Trunk Sewer Phase 3 between its connection with Phase 2 at Southwest Boulevard and the southeast corner of Rohnert Park Expressway; • Tree removal; and • Parking lot improvements for Rancho Cotate High School. Project Approach GHD will begin the project by validating the project design and planning work prepared to date. This will include review of environmental resources needed for permitting and relating to the project’s CEQA document. Review will also include base mapping and design aspects for utility alignment, design criteria, and road widening and traffic handling features. The project team will collaborate with City staff, permit agencies, Rancho Cotate High School, and other stakeholders as appropriate to assess project needs. Following project validation, GHD will submit permit applications, commence easement acquisition efforts, and begin preparation of the 75% submittal. GHD will meet with the City at project milestones to discuss the project. GHD will also outreach to Rancho Cotate High School and other stakeholders along the project limits regarding project impacts. The project is anticipated to be ready for bid advertisement by late 2014, which would allow for construction to begin in Spring 2015. Our Scope of Services and fee is outlined below for your consideration. The scope is split into Basic Scope of Services (Tasks 1 through 8) and Optional Services (Task 9). Basic Scope of Services Task 1 – Project Validation Task 1.1 Project Validation – Environmental Resources The GHD team will conduct a review of current data to determine if physical conditions along the Phase 3 corridor have changed significantly since the time the original environmental analyses were conducted. It is anticipated that this review will include: • Biological Studies Update • Cultural Resources File Review: Northwest Information Center • Hydrology and Water Quality The Biological Studies Update will be used to support both the CEQA documentation and resource permitting efforts. It is assumed that the validation of previous project corridor studies will include a review of the latest files maintained on the State Water Resource Control Board’s GeoTracker database. This review will also be used by our CEQA practitioners to help validate the project’s CEQA documentation. The findings of the other review efforts will be presented in the verification memorandum produced in the CEQA Documentation task. Our CEQA practitioners will also review the project’s Mitigation and Restoration Plan to determine if the two mitigation options proposed in 2007 remain valid options. If so, the Plan will be resubmitted with the resource permit applications as part of Task 2. If not, our team will work with the City and resource agencies to develop an alternative mitigation strategy and revise the Mitigation and Restoration Plan accordingly as part of Task 2. 3 Task 1.2 Project Validation – Base Mapping and Design The GHD team will conduct a review of current data to determine if design requirements have changed significantly since the time the original design was conducted and that the design developed in 2006-07 is still the ideal solution. Work will begin with desktop review of existing documents and continue with a site visit by key project team members and City personnel. GHD will contact utility companies and request information from the utilities to validate previous project base mapping. GHD will evaluate potential options for the design and recommend changes to the City if/as appropriate. Depending on the nature of the recommended changes, re-scoping of a portion of the project may be appropriate. It is anticipated that this review will include the following elements: • Topography and Mapping • Bridge structure (i.e. seismic code) • Bridge barrier • Rancho Cotate High School parking access/egress location (opposite Camino Corto) • Utility locations • Pavement recommendations • LID Task 2 – Environmental Compliance and Permitting Task 2.1 Permitting The USACE representative who reviewed the initial project and developed the nationwide permit approvals was contacted regarding permitting procedures for the Phase 3 project. We have been advised that a new USACE application would need to be filed. Likewise, representatives for the Regional Board and CDFW were contacted; CDFW advised that a new Streambed Alteration Agreement application would be necessary. In light of this agency feedback, GHD will prepare the following resource permit application packages specifically for the Phase 3 project. • U.S. Army Corps of Engineers, Section 404 nationwide permit(s) • North Coast (Region 1) Regional Water Quality Control Board, Section 401 Water Quality Certification • California Department of Fish and Game, Section 1600 Lake and Streambed Alteration Agreement GHD will provide coordination with resource permitting agencies and prepare all necessary permit application packages on behalf of the City. These packages will be based on the historical project information, as well as that developed as part of the preceding tasks. The City will sign and submit permit applications and provide fees associated with the permits. After the permit applications are submitted, GHD will respond to agency questions, comments, and additional information requests. This follow-up effort is anticipated to require one site visit with each agency and 8 to 16 hours of additional coordination, as appropriate per agency. As noted in Task 1.1, the project’s existing Mitigation and Restoration Plan [developed in 2007] will be reviewed for currency and revised, as necessary, for submittal with the application packages. Based on the findings of the previous environmental analysis on this element of the overall Eastside Trunk Sewer project, GHD assumes that no Section 7 consultation will be required for the project. 4 It is noted here that no consultation with the State Historic Preservation Officer will occur, based on the findings of the original environmental analyses. Task 2.2 Specification Review GHD’s environmental task manager will be allotted time to review and confirm the characterization of appropriate mitigation measures and resource permit conditions in the 90% construction specification documents. Task 3 – Geotechnical Engineering Task 3.1 Utility Design Consultant will retain the services of Jacobs Associates to perform geotechnical review of the design criteria used in Phase 2 and 90% construction documents. Jacobs will provide a Geotechnical Review Memorandum (pdf) for its review of the 90% construction documents. Jacobs will review and update recommendations for its April 2006 Geotechnical Report and July 2006 Geotechnical Review Memorandum with respect to design guidelines for tunneling methods, dewatering criteria, trench stability, and shoring criteria. The review will also incorporate geotechnical lessons learned from Phases 1 and 2. Task 3.2 Pavement and Bridge Design Consultant will retain the services of RGH Consultants to perform geotechnical investigations for the proposed road and bridge widening elements of the project. The geotechnical investigation will include up to 4 soil borings and recommendations regarding liquefaction potential, differential settlement, values for bridge footing design, values for retaining wall design and R-values for pavement design. This effort will primarily focus on the area east of Snyder Lane adjacent to the High School and the Copeland Creek Crossing where the bridge work will be required. RGH will use Jacobs’ May 2006 Geotechnical Review Memorandum regarding the proposed box culvert for Copeland Creek. Consultant will review the finding of the geotechnical report and develop strategies for implementing the recommendations. Areas requiring significant effort are pavement design, slope retention, and bridge footing design. Task 4 – Easements As proposed, the design will require cut slopes along the frontage of Rancho Cotate High School that extend beyond City right of way. To facilitate construction and placement of the slope beyond the right of way, the following effort to secure easements is anticipated. Task 4.1 Easement Preparation Consultant will perform field surveys to confirm property boundary markers for the above property. Consultant will prepare and submit draft TCE and permanent easement descriptions for review by owner and City. Comments will be addressed by Consultant before submitting final easement documents for signature by the owner and distribution to City. It is assumed that up to a total of three easements (includes the TCE above) may be required at the Rancho Cotate High School parcel. 5 Task 4.2 Appraisal and Acquisition The Consultant will have the property appraised, negotiate with the property owner, and provide services to obtain the easement(s) noted above. City will be responsible for costs associated with easement procurement and recording fees. Consultant will provide TCE and permanent easement acquisition assistance. Assistance will include evaluating alternatives, preparing exhibits, assisting with negotiations with owner and attending a coordination meeting. Consultant will obtain Title Report(s) for the following parcel(s): • Rancho Cotate High School Parcel Task 5 – Supplemental Surveys Consultant will prepare supplemental field surveys to support preparation of the contract drawings. The proposed supplemental effort will be based on findings from the initial project validation task. It is assumed that 2 days in the field will be required to address any new or modified features. The topography and mapping will be updated to reflect the current conditions as part of this task. Task 6 – Preparation of Plans, Specifications, and Estimates Consultant will prepare plans and specifications suitable for public bid. Plans will detail the work to be completed including temporary facilities, abandonment and demolition of existing facilities, plan and profile drawings for new pipelines, bridge design, utility relocation design, road widening, LID, landscape and irrigation, construction details, and conceptual traffic control plans showing allowable lane closures, work area, and detours. Drawings will be prepared using AutoCAD C3D Version 2013 software and formatted for 11” x 17” and 22” x 34” sheets. Consultant will utilize City standard details where applicable. Consultant will use its own drafting standards. Specifications will establish the minimum level of quality acceptable including relevant reference standards, allowable materials and construction methods, and testing procedures and acceptance requirements. Consultant will also provide editing of the City’s standard bid and contract forms to meet the specifics of the project. Specifications and other document will be prepared using Microsoft Word 2000 software in CSI format. An opinion of probable construction cost will be provided with a detailed breakdown of unit costs and organized in the same format as the bid schedule. Consultant will develop the Storm W ater Pollution Prevention Plan (SWPPP) as a base plan for the contractor’s use during construction. A Notice of Intent will be prepared for the City’s signature and submittal to the Regional Board. Formal design submittals will be provided at the 75%, 90% and Final design levels. Review comments from each submittal will be coordinated and/or addressed accordingly for the subsequent submittal. The Final PS&E submittal will be used for project bidding; no subsequent PS&E submittals will be made. The fee estimate for this task includes reproduction of one complete PS&E hard-copy set of each submittal to be retained by GHD for design development and project records purposes. 6 Deliverables: 75% and 90% PS&E: One electronic copy (PDF) and four half-size (11x17) paper copies of the plans, bound specifications, and opinion of probable construction cost. Final PS&E: One electronic copy (PDF), two full-size (22x34) paper copies of the plans, 2-half-size (11x17) paper copies of the plans, and two bound copies of the specifications. Final opinion of probable construction cost to be submitted in electronic form (PDF). Task 7 – Project Management and QAQC Consultant will prepare a work plan identifying all major tasks and milestones. Staff assignments, key task prerequisites, and schedule breakdown will be developed under this task. The work plan communicates to all project stakeholders what is being done, who is responsible, and when tasks start and stop. Consultant will conduct a project kickoff meeting with the City’s staff. The kickoff meeting will be used to communicate the project work plan, propose design alternatives, gather background information, and solicit comments and questions from the City. Consultant will convene regular coordination meetings at its office in Santa Rosa to review progress to date, identify key issues on the critical path, and prepare action items for the next upcoming period. Consultant will submit progress reports each month summarizing the work accomplished, critical issues requiring resolution, and budget and schedule status. The progress reports will be submitted with invoices that identify the City’s project number, hours worked, hourly charges with staff classifications, progress and percent completion. Consultant will provide quality assurance and quality control (QAQC) review, including constructability review, of each design submittal before submitting to the City. QAQC will be performed by senior staff and utilize GHD’s internal resources. Task 8 – Outreach and Coordination Task 8.1 School District Coordination Consultant will coordinate with the Cotati-Rohnert Park Unified School District regarding various project related items. Anticipated project elements to be coordinated include: access point(s), circulation, redwood tree removal, proposed slope and landscaping, PG&E relocation, schedule, temporary construction easements, and other easements. Task will include preparation for and attendance at meetings with the School District (fee assumes 5 meetings attended by the Project Manager). Task 8.2 PG&E and Utilities Coordination Consultant will coordinate with PG&E and other utility service providers regarding relocation of the overhead electric distribution, communication, and cable facilities, generally located on the east side of Snyder Lane. Anticipated project elements to be coordinated include: redwood tree removal, proposed slope and landscaping, pole relocation, schedule, temporary construction easements, and other easements. Task will include preparation for and attendance at meetings with PG&E and other utilities (fee assumes 5 meetings total attended by the Project Manager). Task 8.3 Adjacent Owner Outreach Consultant will provide limited outreach to immediately adjacent property owners with facilities or access points that are impacted by the proposed widening of Snyder Lane. It is anticipated that the project 7 elements coordinated in 2006/7 will be supported by the current property owners. Task will include preparation for and attendance at meetings with adjacent property owners (fee assumes 5 meetings total). Optional Services Task 9 – Project Re-Scoping Task 9.1 CEQA Documentation GHD’s team of environmental professionals will review current conditions along the Phase 3 corridor, as well as the information developed in the Validation Task, to determine whether any of the circumstances provided in CEQA Guidelines Sections 15162, 15164, and 15074.1 are triggered. It must be determined if current circumstances would create a new impact or require a new mitigation measure that was not considered in the previous IS/MND or IS/MND Addendum. Based on GHD’s knowledge of the project and project area, the Basic Scope of Services assumes that the existing CEQA documentation will stand for Phase 3. We will produce a memorandum for the City’s project file verifying that finding. If circumstances indicate otherwise, GHD will provide an amendment scope of work and fee estimate to complete the appropriate type of CEQA review for Phase 3 only. Task 9.2 Base Mapping and Design It is anticipated that the initial design work developed in 2006/07 for this project will be generally supported by all stakeholders and be in compliance with current requirements. If, through the Validation or Outreach Tasks it is determined that significant changes to the project description or the 2006/07 design are required, GHD would subsequently develop an amendment scope of work and fee to address the required revisions. Any of the following revisions and/or new elements are representative, but potentially not all-inclusive, of potentially significant changes: bridge type; school access point; and utility undergrounding. Assumptions The following tasks are to be accomplished by the City during the course of the project. • Make available records and documentation for any projects that have occurred since 2007 in the project area. • Assist with identification of staging area(s) and provide easements if required. • Schedule, administer, and complete the publishing and mailing of meeting notices and public notices, if necessary. • Schedule meetings and workshops at the City as necessary and prepare all notices and all resolutions required by the City Council. • Provide project review within the scheduled timeline so that the project design can remain on schedule. Services Not Included The following services are not included in the scope of work: • Utility potholing, as this work was previously completed. GHD will identify the need for additional utility potholing during project validation and notify the City. 8 • Preparation of additional Bid Documents or Contract Documents for alternate bids or prices requested by the City for the project or a portion thereof. • Bid and construction phase services. • Other services performed or furnished by GHD not otherwise provided herein for the Scope of Services. Project Schedule The estimated preliminary project schedule is shown on the following page. Notice to proceed for this contract is anticipated by February 17, 2014, which follows the February 11, 2014 City Council meeting. The planning and design schedule is anticipated to take 9 months, considering 6 to 7 months for CEQA/permitting and preparation of the various submittals. Construction could take about 12 months, so two construction seasons or a mid-construction shutdown might be considered. Activity/Task Date Notice to Proceed February 17, 2014 Project Validation (6 weeks) March 31, 2014 City Staff Review (2 weeks) April 8, 2014 Begin Easement Acquisition Process April 9, 2014 Permit Submittal April 9, 2014 75% Design Complete (12 weeks) July 2, 2014 City Staff Review (2 weeks) July 16, 2014 90% Design Complete (8 weeks) September 10, 2014 City Staff Review (2 weeks) September 24, 2014 Permits and Easements Received (6 months) Late October 2014 Final Design Complete (6 weeks) November 5, 2014 Bid Advertisement November - December 2014 Bid Opening and Award Contract January 2015 Construction NTP (preliminary estimate) February 2015 Construction Submittal Review February – March 2015 Construction Begins March/April 2015 * The project schedule is based on the various assumptions provided in the scope of services and could be affected by the following items: • Substantial change in project scope (i.e., utility undergrounding); • Responsiveness of utilities to review requests (i.e., PG&E for utility pole relocation); • Responsiveness of resource agencies for permit issuance; • Easement acquisition, if contingent on a project milestone; and • Bid and construction phase timing will depend on project funding, timing of construction relative to school operations, and wet weather delays for planned work during wet season months. Through design development and coordination with the City and school district, it may be determined that construction should be constrained to the school summer recess, which is generally defined as June through mid-August. Construction is anticipated to take 12 months, which means that construction could 9 be completed by Spring 2016, or possibly delayed to Fall 2016 if there is a mid-construction shutdown or significant wet weather delays. Project Team The following GHD personnel are assigned as project or technical leads for this project: •Project Director – Matt Winkelman, PE •Project Manager / Senior Engineer (Traffic/Transportation) – Bill Silva, PE •Senior Engineer (Traffic/Transportation) – Bill Silva, PE •Senior Engineer (Utilities) – Matt Winkelman, PE •Permitting – Dave Davis, AICP •Project Coordinator – Terrie Zwillinger •QA/QC Lead – Alex Culick, PE •Geotechnical Engineer (utilities) – Jacobs Associates •Geotechnical Engineer (road section) – RGH Consultants •Right-of-Way Appraisal and Easement Acquisition – North Bay Right of Way Consultants •Landscape Architect – Quadriga Fee Estimate The estimated fee for professional services for the Basic Scope of Services (Tasks 1 through 8) is $344,988. The estimated fee for professional services for Optional Services (Task 9) is $32,500, for a total fee of $377,488. See attachment for breakdown of the estimated fee. Closing Please don’t hesitate to contact me if you have any questions regarding the scope of work. I can be reached at (707) 523-1010. Thank you for the opportunity to serve the City of Rohnert Park. Sincerely, GHD Inc. Matt Winkelman P.E. Project Director (707) 523-1010 Attachment: Fee Estimate Spreadsheet -15- 1126651v3 80078/0012 Revised: 10/08/10 EXHIBIT B Compensation 1/17/2014 Page 1 Project Name:Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Client:City of Rohnert Park Prepared by:Bill Silva Date: Reviewed by:Matt Winkelman Job Number:840900458 matt wi alex jim bill wi/other matt wa terrie frank steve ash/other andrew dave dave d kat rich rich colby LB/renee LABOR CATEGORY >TOTAL SUB SUB SUB SUB SUB HOURS RATE >$185 $225 $190 $210 $185 $145 $125 $185 $155 $130 $115 $155 $145 $115 $140 $280 $125 $95 Task / Item /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr Env.Esmts Geotech Geotech LA TASK 1 Project Validation 2 2 32 24 8 68 $408 $2,420 $11,778 16 20 4 30 8 12 12 8 8 118 $708 $750 $20,008 18 0 0 22 4 30 0 8 0 0 12 0 32 24 12 0 8 16 186 $1,116 $2,420 $0 $0 $0 $750 $31,786 TASK 2 Environmental Compliance and Permitting 30 48 72 8 158 $948 $21,598 2.2 Specification Review 4 2 1 7 $42 $947 2.3 SWPPP Preparation 1 6 28 8 8 51 $306 $7,446 0 0 0 1 6 28 0 0 0 0 0 30 52 74 0 0 8 17 216 $1,296 $0 $0 $0 $0 $0 $29,991 TASK 3 Geotechnical Engineering 2 2 4 $24 $8,910 $9,644 2 2 4 $24 $9,780 $10,514 0 0 0 4 0 4 0 0 0 0 0 0 0 0 0 0 0 0 8 $48 $0 $0 $8,910 $9,780 $0 $20,158 TASK 4 Easements 4 4 24 12 44 $264 $6,544 8 4 4 16 $846 $11,500 $15,106 0 0 0 12 0 8 0 0 0 0 0 0 0 0 24 0 16 0 60 $1,110 $0 $11,500 $0 $0 $0 $21,650 TASK 5 Supplemental Surveys 20 16 18 54 $708 $10,238 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 16 18 0 54 $708 $0 $0 $0 $0 $0 $10,238 TASK 6 Preparation of Plans, Specifications, and Estimates 12 50 12 120 30 70 70 90 54 16 524 $4,144 $6,500 $87,104 8 40 8 80 16 30 32 60 40 16 330 $2,980 $4,900 $56,030 4 20 4 30 4 4 12 50 16 8 152 $1,912 $2,900 $26,272 8 8 8 24 $144 $600 $5,064 32 0 0 118 24 238 0 50 104 114 200 0 0 0 0 0 110 40 1030 $9,180 $0 $0 $0 $0 $14,900 $174,470 TASK 7 Project Management and QAQC 20 24 16 60 8 8 2 2 2 4 8 8 162 $972 $1,000 $32,622 20 24 16 60 8 8 2 2 2 0 0 0 4 0 0 0 8 8 162 $972 $0 $0 $0 $0 $1,000 $32,622 TASK 8 Outreach and Coordination 8 24 5 5 2 44 $264 $750 $9,074 28 5 5 1 39 $234 $7,559 4 10 5 16 5 10 50 $300 $7,440 12 0 0 62 0 15 16 0 0 0 0 0 0 0 0 0 15 13 133 $798 $0 $0 $0 $0 $750 $24,073 TASK 9 Project Re-Scoping 0 $0 $0 0 $0 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 82 24 16 279 42 331 18 60 106 114 212 30 88 98 56 16 183 94 1,849 15,228$ 2,420$ 11,500$ 8,910$ 9,780$ 17,400$ 344,988$ Optional Tasks 0 $5,000 $5,000 0 $25,000 $2,500 $27,500 377,488$ *OTHER DIRECT COSTS include telephone, mileage, printing, photocopies and other miscellaneous direct expenses. SUBTOTAL TASK 5 SUBTOTAL TASK 9 6.3 Prepare Final PS&E 6.2 Prepare 90% PS&E 8.3 Adjacent Owner Outreach 8.2 PG&E and Utilities Coordination 6.1 Prepare 75% PS&E 6.4 Submittal Review Meetings SUBTOTAL TASK 6 SUBTOTAL TASK 7 5.1 Supplemental Surveys *OTHER DIRECT COSTS 4.2 Appraisal and Acquisition SUBTOTAL TASK 1 SUBTOTAL TASK 4 3.1 Utility Design SUBTOTAL TASK 3 2.1 Permitting (404, 401, 1600) SUBTOTAL TASK 2 4.1 Easement Preparation 3.2 Pavement and Bridge Design GHD - PROJECT FEE ESTIMATING SHEET FEE COMPUTATION 1.1 Project Validation - Environmental Resources 1.2 Project Validation - Base Mapping and Design QA/QCPD Senior Geologist Jacobs Associates QuadrigaNorth Bay ROW LABOR COSTS Proj. Engr. Sr. Proj. Engr.Valerius / Tatarian RGH TOTAL FEE PROJECT TOTALS (W/ OPTIONAL TASKS) 9.2 Base Mapping and Design 9.1 CEQA Documentation 9.1 CEQA Documentation SUBTOTAL TASK 8 9.2 Base Mapping and Design 8.1 School District Coordination 7.1 Project Management and QAQC PROJECT TOTALS January 17, 2014 Planner / Scientist Project Manager Constr. Review LLS 2-Person Crew CAD Admin/ Graphics Senior Planner Staff Eng I Struct. Eng Snr Traffic Public Outreach Staff Eng II -16- 1126651v3 80078/0012 v2012-09 EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: Eastside Trunk Sewer, Phase III, and Snyder Lane Widening 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. -17- 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. -18- 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. -19- 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 -20- 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. -21- 1126651v3 80078/0012 v2012-09 EXHIBIT D Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional • Project Director – Matt Winkelman, PE • Project Manager / Senior Engineer (Traffic/Transportation) – Bill Silva, PE • Senior Engineer (Traffic/Transportation) – Bill Silva, PE • Senior Engineer (Utilities) – Matt Winkelman, PE • Permitting – Dave Davis, AICP • Project Coordinator – Terrie Zwillinger • QA/QC Lead – Alex Culick, PE • Geotechnical Engineer (utilities) – Jacobs Associates • Geotechnical Engineer (road section) – RGH Consultants • Right-of-Way Appraisal and Easement Acquisition – North Bay Right of Way Consultants • Landscape Architect - Quadriga -22- 1126651v3 80078/0012 v2012-09 EXHIBIT E Design Consultant Requirements Exhibit E Design Consultant Requirements The Consultant agrees to the following standards and practices in performance of engineering design duties. 1. The consultant shall assign one project manager who is responsible for the overall completion of the project and fulfillment of these requirements. 2. Reimbursable expenses shall be considered to be included in the not to exceed price. Consultant project managers are expected to stay within the not-to-exceed price. It is the responsibility of the consultant to document any work outside the agreed upon scope of work including the cost of such work. Work outside the scope of work completed without prior authorization by the City is done at risk by the consultant. 3. All plan check design drawings shall be submitted full size (34” x 22” or equivalent) for review, unless otherwise requested by the City. 4. A minimum of two copies of the plans and specifications will be submitted for each plan check. 5. The specification will use the latest version of the City of Rohnert Park boilerplate Contract Document and Specifications for the project. The consultant will receive the most current version of the specification from the Engineering Administrative Assistant for each design project via email. This shall be modified by the City for insurance requirements, contract time, liquidated damages and environmental mitigation measures. 6. The Division 1 technical specifications shall include a project description. The project description will generally describe the location, and the extents of the project and what work is included in the project. This description shall be suitable for insertion into legal documents and council summary packages. It shall provide a quick overview of the project that a lay person can understand. 7. Technical specifications shall include a description of bid items. If the technical specifications are in CSI format, a list of bid descriptions shall be included in the Division 1 sections. The bid descriptions shall match the bid line items. 8. Division 1 shall include a complete consolidated list of submittals for the project. 9. Electronic documents sent to the City for review shall be in Word format. 10. Plans and specifications shall, as much as possible and within good engineering practice, refer to the City of Rohnert Park Manual of Standards, Details and Specifications which can be downloaded from the City’s website at www.rpcity.org . When Standard Details are incorporated they shall be by reference rather than shown on the plans. 11. The consultant shall note the need for any permitting through the State or other entities including Caltrans, Corps of Engineers, RWQCB, BAAQMD, SCWA, and the County of Sonoma. Consultant is responsible for initiating contact with the permitting agency, meeting with the permitting agency as needed and completing all permit applications as completely as possible prior to sending to the City for signature. 12. The consultant shall note the need for any easements or rights of way required for the project including private landowners, Caltrans, SCWA, and the County of Sonoma. Consultant is responsible for initiating contact with the other entity and completing all easement or right of way forms, including property descriptions as needed, as possible prior to sending to the City for review. 13. The consultant shall develop a project checklist which includes all project paperwork requirements resulting from permitting, easements and funding agreements. 14. At least 45 days prior to bid opening, the consultant shall provide a draft staff report for presentation to City Council requesting to authorize advertisement for bids. 15. The consultant shall complete all noticing and bidding of the project. This includes mailing notices to the City’s five required Trade Journals/Plan Check Houses. Notice shall be mailed at least 30 days prior to the bid opening. 16. The consultant shall make bid copies of the bidding documents, plans and specifications, distribute these and collect payment for the plans and specifications to offset their cost. 17. The consultant shall arrange for and conduct the pre-bid meeting, if such a meeting is deemed necessary. 18. The consultant shall provide all addenda for the bid package as needed, using the City’s addendum form available on the City’s website. 19. After issuance of final addenda and prior to issuance of the Notice to Proceed, the consultant will produce ten (10) conformed sets of plans and drawings that incorporate all the addenda. This shall be done by making the changes on the full size drawings adding the addenda to the front of the specifications books. Consultant shall note the changes on the drawings and in the appropriate place in the Specifications by using the Delta symbol (∆). All addenda shall also be bound into the front of the specifications book, behind the front cover and before the cover page, with most recently issued addendum on top. Addenda pages shall be printed on different color paper than the specifications. 20. Before bid date, consultant shall provide all electronic files to the City. The project plans shall be in pdf format in one file folder with a separate document for each page. Specifications shall be in Word format; the Engineer’s Estimate shall be in Excel format. 21. After bidding the consultant will check the bids for conformance with the contract and bid requirements and determine the responsiveness of each bidder. This includes checking any applicable licenses and qualifications. This shall include checking as required, references to determine required experience. The consultant shall analyze the bids to determine the lowest responsive bidder and comment on any large discrepancies between the engineer’s estimate and the low bid. The consultant shall create the bid table in Excel format, recommend selection of the lowest responsive bid, and justify the rejection of any bids as needed. The consultant shall create a staff report for submission to the City Council providing recommendations for award and or rejection of bids. 22. The consultant shall review submittals pertaining to the project and provide comments, rejection, or stamp “No Exceptions Taken” as appropriate. 23. The consultant shall review submittals and RFIs pertaining to the project and provide responses and guidance as required. 24. After construction is complete, the consultant will create Record Drawings (as- built drawings) based on the contractors marked up set of plans, in electronic format and scan the as-built drawings into pdf format and deliver one copy on bond paper and electronic as-built drawings to the City. The requirements for as-built plans are as follows: a. The As-Builts shall include the contractor’s name, address, phone number and approximate date of project completion. b. Archived Plans shall be of the originally approved plans (Conformed Plans), including signatures of approval, with all contract change order(s), field directives and as-built information added over the originally approved information. c. Archived Plans shall be provided in an electronic format such as Adobe PDF or Tiff file formats, a minimum of 200 Dot per Inch resolution, optimized to a file size not to over burden the typical computer workstation or take more than 5 seconds to open on said workstation. d. The entire set of plans may be in one file or one file for each sheet but not both, in order to comply with number 3 above. e. The Archived Plans shall not be made directly from the electronic drawing files, because this introduces a chance for error or something changed, deleted or otherwise different from the originally approved plans. As a secondary option, the Archived Plans made be provided in duplicate; one set of the originally approved plans (conformed plans) and a second set of the electronic drawings revised to include contract change order, field directives and as-built information added (no deletions) to the plans, then provided in one of the file formats described in number 3 above. ITEM NO. 7.C.4 1 Meeting Date: February 11, 2014 Department: Development Services Submitted By: Patrick Barnes, Deputy City Engineer Agenda Title: Authorize and Approve a Task Order with Brelje and Race for Engineering Design Review and Construction Management Services for the Sewer Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 RECOMMENDED ACTION: Authorize and Approve a Design Professional Services Agreement with Brelje and Race for Engineering Design Review and Construction Management Services for the Sewer Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 in the amount of $130,920. BACKGROUND: History The City sewer system collects wastewater and transports it to a central collection point, the sewer pump station on Redwood Drive. The City has two sewer force mains which convey wastewater from the City’s pump station to the regional wastewater treatment plant. The older of these two force mains is a 3.5-mile, 24-inch Asbestos Cement Pipe (ACP) force main. This force main was originally a gravity sewer line constructed in 1975. It was converted to a force main in 1997. A parallel 30-inch line was constructed in 2007. Prior to the construction of the parallel force main, rehabilitation of the existing 24-inch pipeline was identified as required future project needed to provide redundancy for the existing system. This project was placed into the City’s Public Facilities Finance Plan. Recent testing The City of Rohnert Park recently completed an inspection of the older sewer force main. After that inspection the City repaired a siphon that ran under the Laguna de Santa Rosa and a metal spool that was under the Sonoma County Water Agency High Pressure Water Transmission Aqueduct. As part of that later project, the city took samples of the ACP force main and had them tested. 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.C.4 2 The tests and the inspections indicate that the older sewer force main is deteriorated in places primarily toward the end of the pipe. Pipe near the SCWA spool was found to be 50% more deteriorated than pipe well upstream. As the name implies, Asbestos Cement Pipe is partly made of cement. This cement can be attacked and leach in when subjected to acids. Wastewater produces hydrogen sulfide gas as it breaks down. If this gas leaves the water and enters air in the pipe it can combine with moisture and condense as sulfuric acid. Recommended Repairs The last 2,293 feet of the pipe from Manhole #5 to the treatment plant is designed to flow under gravity flow. This section of the interceptor outfall is particularly susceptible to this damage. Its location provides more time for hydrogen sulfide to form and as it is a gravity pipe, there is always an air space available for the condensation of sulfuric acid. This project will rehabilitate this gravity section of the interceptor outfall. It is important to complete this rehabilitation before the pipe fails. One estimate in the study provides a little over two-year time frame to failure at the far end of the pipe. This pipe runs through a sensitive biological area. There have previously been pipe failures in this area by Sebastopol and Santa Rosa. Prudence dictates that the City of Rohnert Park be proactive in rehabilitating our pipe. Request for Proposals On December 12, 2013, Development Services issued a Request for Proposals (“RFP”) for the purpose of identifying qualified consultants to assist the City with the design of the Project. Seven proposals were received by the due date of January 10, 2014. The City project team reviewed the proposals and scored them on responsiveness to the RFP. Based on the review, staff selected Brelje and Race based on demonstrated competence and professional qualifications. Their proposal price is $130,920, which staff believes is reasonable for the services to be provided. Environmental Considerations A CEQA analysis has not yet been completed for this project because the project has not yet been designed. An environmental analysis will occur during design. OPTIONS CONSIDERED: Staff considered whether to perform CM and inspection services in-house. There will be a number of projects occurring this summer which need oversight and staff will be performing CM and inspection on two of these, while overseeing consultants on the others. In addition, we have grading on two specific plans, including Saturday work. This work is in a remote location and cannot be readily checked while working on other projects. This work involves specialty construction on a vital City line, deep underground in a sensitive environmental area. Staff believes it is important to have someone on-site to watch the work while it is happening. ITEM NO. 7.C.4 3 Staff considered other firms for this design review and construction management; however, based on the project team, previous experience and project scope, staff believes Brelje and Race to be the most qualified for this project. Staff also considered how much of the interceptor outfall to rehabilitate at this time. Based on the reports and testing performed, staff believes that rehabilitating the gravity section at this time will provide about a decade to evaluate the remainder of the pipe and determine timing and rehabilitation methods. The gravity section rehabilitation project is a very different sort of project from rehabilitating the force main sections of the pipe and will take greater study and predesign work. FISCAL IMPACT/FUNDING SOURCE: This project is included in the Public Facilities Finance Plan. There are sufficient funds in the PFFP to complete the project. Design costs will be paid for from the PFFP funds. No General Fund monies are needed for this project. Department Head Approval Date: 1/27/2014 City Manager Approval Date: 1/31/2014 City Attorney Approval Date: 1/29/2014 Attachments (list in packet assembly order): 1. Resolution 2. Draft contract 2014-011 RESOLUTION NO. 2014-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT FOR THE ROHNERT PARK INTERCEPTOR OUTFALL GRAVITY SECTION REHABILITATION PROJECT NO. 2011-04 WITH BRELJE AND RACE, INC., FOR DESIGN REVIEW AND CONSTRUCTION MANAGEMENT ENGINEERING SERVICES WHEREAS, on November 6, 2013, staff issued a Request for Proposals (“RFP”) for the Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 (“Project”) to identify a qualified consultant that can assist the City with the design review and construction management of the Project; WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6(D), the City prepared a Request For Proposals and received four proposals on December 3, 2013; WHEREAS, the City project team chose Brelje and Race, Inc., for an award of contract due to their (1) quality of team and ability to staff the Project, (2) experience and expertise in this particular type of work, and (3) understanding of the Project as demonstrated in the selection process; and WHEREAS, the City has entered into a Master Agreement with Brelje & Race dated February 25, 2011 (“Master Agreement”), and additional work may be authorized under that agreement via Task Order. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park authorizes and approves a an additional task order under the Master Agreement by and between Brelje and Race, Inc., a California corporation, and the City of Rohnert Park, a municipal corporation, for design related services for the Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04, for a not-to-exceed cost of $130,920. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this Task Order for and on behalf of the City of Rohnert Park in substantially similar form as shown in Exhibit A, subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 11th day of February, 2014. 2014-011 CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Attachment – Exhibit A BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) BRELJE & RACE TASK ORDER NO. 2014-02 CITY OF ROHNERT PARK AND BRELJE & RACE AUTHORIZATION FOR ENGINEERING SERVICES FOR SEWER INTERCEPTOR OUTFALL GRAVITY SECTION REHABILITATION PROJECT NO. 2011-04 SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct BRELJE & RACE 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 BRELJE & RACE ("Consultant") dated February 25, 2011. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Attachment “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 Attachment “B” for an amount not-to-exceed $130,920. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed on approval of the design/contract documents, 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 ______ day of ______________, 20___. CITY OF ROHNERT PARK BRELJE & RACE ____________________________ Darrin Jenkins, City Manager (Date) By: Name and Title (Date) Per Resolution No. 2014-_____adopted by the Rohnert Park City Council at its meeting of February 11, 2014. BRELJE & RACE By: Name and Title (Date) ITEM NO. 8 1 Meeting Date: February 11, 2014 Department: Public Works & Community Services Submitted By: John McArthur, Director of Public Works & Community Services Prepared By: Carol Adams, Administrative Analyst Agenda Title: Voluntary Water Conservation Efforts - Consideration of Adopting a Resolution Supporting State and Regional Voluntary Water Conservation Efforts and Encouraging Customers to Voluntarily Reduce Water Usage by 20% RECOMMENDED ACTION: Staff recommends that the City Council consider adopting a resolution supporting the Sonoma- Marin Saving Water Partnership Efforts and Governor Brown’s Emergency Drought Declaration and encouraging 20% voluntary water conservation. BACKGROUND: California is experiencing a serious drought with rainfall for 2013 being recorded as the lowest on record in 120 years; consequently, a statewide drought emergency has been declared by Governor Jerry Brown. Since current conditions suggest that no change is in sight for 2014, the Governor’s declaration intends to reduce water use sufficiently to avoid possible future mandatory water use restrictions by calling on Californians to immediately reduce their water usage by 20 percent (20%). In addition to the voluntary 20% water use reduction goal, the Governor’s January 17, 2014 Emergency Drought Declaration also orders municipalities to immediately implement local water shortage contingency plans. ANALYSIS: Extremely dry weather conditions have persisted since January 2013 leading to historical dry conditions that have left Lake Mendocino at 36% of capacity requiring a Temporary Urgency Change Order (Order) to be issued by the State Water Resources Control Board. The Order enables lower in-stream releases to the Russian River while preserving lake storage. In comparison, the storage level in Lake Sonoma on Dry Creek, which is 66% of capacity, is not significantly below normal at this time of year. However, the Sonoma County Water Agency (SCWA) will re-evaluate the water supply conditions in spring 2014 to determine whether it will be necessary to file a subsequent Temporary Urgency Change Petition to address Lake Sonoma storage conditions. The City is a member in the Sonoma-Marin Saving Water Partnership (Partnership). The goal of the Partnership is to provide regional solutions for promoting water use efficiency practices. In 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 response to Governor Brown’s declaration, the partnership members have embarked on a regional water use efficiency media campaign titled: “There’s a Drought on. Turn the Water Off.” This campaign is designed to increase consumer awareness and reduce water use and will include the distribution of outdoor and indoor water conservation tips that will rotate in local and regional publications, radio stations and online media. The Partnership urges water customers to do their part to reduce water use and preserve our local water resources in a collective effort to meet the Governor’s order to immediately reduce water usage by 20%. On February 3, 2014, the regional Water Advisory Committee (WAC) adopted a resolution pledging support of the Partnership’s efforts to reduce water use by 20%. The WAC membership consist of representatives from the Sonoma County Water agency and its contracted water customers including the City of Rohnert Park Because of the seriousness of the current drought condition and in the interest of aligning with the Governor’s Order and other local agency efforts, staff recommends that the City Council encourage its customers to voluntarily comply with the state and region policies to achieve a 20% water usage reduction. NEXT STEPS Upon City Council approval, staff would launch additional efforts to support the Sonoma-Marin Saving Water Partnership public outreach campaign efforts. Some voluntarily water conservation measures that our customers can take to achieve an overall system-wide reduction goal of 20%, include at a minimum the following actions: 1. Apply irrigation water only during the evening and early morning hours to reduce evaporation losses; 2. Minimize or eliminate winter irrigation; 2. Inspect all irrigation systems, repair leaks, and adjust spray heads to provide optimum coverage and eliminate avoidable over-spray; 3. Vary the minutes of irrigation valves controlling water applied to lawns run-time consistent with fluctuations in weather; 4. Reduce minutes of run-time for each irrigation cycle if water begins to run-off to gutters and ditches before the irrigation cycle is completed; 5. Utilize water conservation incentive, rebate and giveaway programs to replace plumbing fixtures and appliances with more water efficient models; 6. Utilize city information regarding using water efficiently, reading water meters, repairing ordinary leaks, and water efficient landscapes; 7. Serve water in restaurants only upon request. Department Head Approval Date: January 29, 2014 City Manager Approval Date: January 31, 2014 City Attorney Approval Date: January 30, 2014 Attachments: 1) Resolution 2) Governor Brown’s Drought Declaration 4) WAC Resolution RESOLUTION NO. 2014-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING STATE AND REGIONAL EFFORTS TO ACHIEVE VOLUNTARY WATER CONSERVATION EFFORTS AND ENCOURAGING CUSTOMERS TO VOLUNTARILY REDUCE WATER USAGE BY 20% WHEREAS, California is experiencing a serious drought with rainfall for 2013 being recorded as the lowest on record in 120 years; consequently, a statewide drought emergency has been declared by Governor Jerry Brown; and WHEREAS, the Governor’s declaration intends to reduce water use sufficiently to avoid future mandatory water use restrictions by calling on Californians to immediately reduce their water usage by 20 percent (20%); and WHEREAS, the City hereby acknowledges its membership in the Sonoma-Marin Saving Water Partnership which is an organization that provides regional solutions for promoting water use efficiency practices; and WHEREAS, the Sonoma-Marin Water Saving Partnership has launched a public outreach campaign to voluntarily reduce water consumption by 20%; and WHEREAS, the City is a member of the regional Water Advisory Committee: and; WHEREAS, the Water Advisory Committee has adopted a resolution supporting the Sonoma-Marin Water Saving Partnership goal of a voluntary 20% water use reduction; and WHEREAS, the City desires to launch voluntary water conservation efforts consistent with State and regional water conservation goals to reduce water usage by 20%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby declare that in order to protect public health, safety and welfare, the City Council supports the Sonoma-Marin Saving Water Partnership efforts and Governor Brown’s Emergency Drought Declaration seeking 20 percent voluntary reduction in water use and herey encourages the City’s customers to voluntarily reduce water usage by 20 percent. DULY AND REGULARLY ADOPTED this 11th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Mayor ATTEST: ______________________________ City Clerk Office of Governor Edmund G. Brown Jr. - Newsroom http://gov.ca.gov/news.php?id=18368[1/28/2014 5:02:58 PM] GOVERNOR BROWN DECLARES DROUGHT STATE OF EMERGENCY 1-17-2014 SAN FRANCISCO – With California facing water shortfalls in the driest year in recorded state history, Governor Edmund G. Brown Jr. today proclaimed a State of Emergency and directed state officials to take all necessary actions to prepare for these drought conditions. “We can’t make it rain, but we can be much better prepared for the terrible consequences that California’s drought now threatens, including dramatically less water for our farms and communities and increased fires in both urban and rural areas,” said Governor Brown. “I’ve declared this emergency and I’m calling all Californians to conserve water in every way possible.” In the State of Emergency declaration, Governor Brown directed state officials to assist farmers and communities that are economically impacted by dry conditions and to ensure the state can respond if Californians face drinking water shortages. The Governor also directed state agencies to use less water and hire more firefighters and initiated a greatly expanded water conservation public awareness campaign (details at saveourh2o.org). In addition, the proclamation gives state water officials more flexibility to manage supply throughout California under drought conditions. State water officials say that California’s river and reservoirs are below their record lows. Manual and electronic readings record the snowpack’s statewide water content at about 20 percent of normal average for this time of year. The Governor’s drought State of Emergency follows a series of actions the administration has taken to ensure that California is prepared for record dry conditions. In May 2013, Governor Brown issued an Executive Order to direct state water officials to expedite the review and processing of voluntary transfers of water and water rights. In December, the Governor formed a Drought Task Force to review expected water allocations, California’s preparedness for water scarcity and whether conditions merit a drought declaration. Earlier this week, the Governor toured the Central Valley and spoke with growers and others impacted by California’s record dry conditions. Photo captions and the full text of the emergency proclamation are below: 1.) Governor Brown announces Drought State of Emergency with Natural Resources Agency Secretary John Laird, Department of Water Resources Director Mark Cowin, Water Resources Control Board Chair Felicia Marcus and Governor’s Office of Emergency Services Director Mark Ghilarducci (left to right). Photo Credit: Justin Short, Office of the Governor. 2.) Governor Brown signs proclamation declaring Drought State of Emergency. From left to right: CAL FIRE Director Chief Ken Pimlott, Department of Food and Agriculture Secretary Karen Ross, Secretary Laird, Director Cowin, Chair Marcus and Director Ghilarducci. Photo Credit: Justin Short, Office of the Governor. For high resolution copies of these photos, please contact Danella Debel, Office of the Governor at Danella.Debel@gov.ca.gov. A PROCLAMATION OF A STATE OF EMERGENCY WHEREAS the State of California is experiencing record dry conditions, with 2014 projected to become the driest year on record; and WHEREAS the state’s water supplies have dipped to alarming levels, indicated by: snowpack in California’s mountains is approximately 20 percent of the normal average for this date; California’s largest water reservoirs have very low water levels for this time of year; California’s major river systems, including the Sacramento and San Joaquin rivers, have significantly reduced surface water flows; and groundwater levels throughout the state have dropped significantly; and WHEREAS dry conditions and lack of precipitation present urgent problems: drinking water supplies are Latest News Governor Brown Appoints Keri G. 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Brown Jr. - Newsroom http://gov.ca.gov/news.php?id=18368[1/28/2014 5:02:58 PM] at risk in many California communities; fewer crops can be cultivated and farmers’ long-term investments are put at risk; low-income communities heavily dependent on agricultural employment will suffer heightened unemployment and economic hardship; animals and plants that rely on California’s rivers, including many species in danger of extinction, will be threatened; and the risk of wildfires across the state is greatly increased; and WHEREAS extremely dry conditions have persisted since 2012 and may continue beyond this year and more regularly into the future, based on scientific projections regarding the impact of climate change on California’s snowpack; and WHEREAS the magnitude of the severe drought conditions presents threats beyond the control of the services, personnel, equipment and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and WHEREAS under the provisions of section 8558(b) of the California Government Code, I find that conditions of extreme peril to the safety of persons and property exist in California due to water shortage and drought conditions with which local authority is unable to cope. NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the state Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625 of the California Government Code HEREBY PROCLAIM A STATE OF EMERGENCY to exist in the State of California due to current drought conditions. IT IS HEREBY ORDERED THAT: 1.State agencies, led by the Department of Water Resources, will execute a statewide water conservation campaign to make all Californians aware of the drought and encourage personal actions to reduce water usage. This campaign will be built on the existing Save Our Water campaign (www.saveourh20.org) and will coordinate with local water agencies. This campaign will call on Californians to reduce their water usage by 20 percent. 2.Local urban water suppliers and municipalities are called upon to implement their local water shortage contingency plans immediately in order to avoid or forestall outright restrictions that could become necessary later in the drought season. Local water agencies should also update their legally required urban and agricultural water management plans, which help plan for extended drought conditions. The Department of Water Resources will make the status of these updates publicly available. 3.State agencies, led by the Department of General Services, will immediately implement water use reduction plans for all state facilities. These plans will include immediate water conservation actions, and a moratorium will be placed on new, non-essential landscaping projects at state facilities and on state highways and roads. 4.The Department of Water Resources and the State Water Resources Control Board (Water Board) will expedite the processing of water transfers, as called for in Executive Order B-21-13. Voluntary water transfers from one water right holder to another enables water to flow where it is needed most. 5.The Water Board will immediately consider petitions requesting consolidation of the places of use of the State Water Project and Federal Central Valley Project, which would streamline water transfers and exchanges between water users within the areas of these two major water projects. 6.The Department of Water Resources and the Water Board will accelerate funding for water supply enhancement projects that can break ground this year and will explore if any existing unspent funds can be repurposed to enable near-term water conservation projects. 7.The Water Board will put water right holders throughout the state on notice that they may be directed to cease or reduce water diversions based on water shortages. 8.The Water Board will consider modifying requirements for reservoir releases or diversion limitations, where existing requirements were established to implement a water quality control plan. These changes would enable water to be conserved upstream later in the year to protect cold water pools for salmon and steelhead, maintain water supply, and improve water quality. 9.The Department of Water Resources and the Water Board will take actions necessary to make water immediately available, and, for purposes of carrying out directives 5 and 8, Water Code section 13247 and Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are suspended on the basis that strict compliance with them will prevent, hinder, or delay the mitigation of the effects of the emergency. Department of Water Resources and the Water Board shall maintain on their websites a list of the activities or approvals for which these provisions are suspended. 10. The state’s Drinking Water Program will work with local agencies to identify communities that may run out of drinking water, and will provide technical and financial assistance to help these communities address drinking water shortages. It will also identify emergency interconnections that exist among the state’s public water systems that can help these threatened communities. 11.The Department of Water Resources will evaluate changing groundwater levels, land subsidence, and agricultural land fallowing as the drought persists and will provide a public update by April 30 that identifies groundwater basins with water shortages and details gaps in groundwater monitoring. 12.The Department of Water Resources will work with counties to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner and the Office of Emergency Services will work with local authorities to enable early notice of areas experiencing problems with residential groundwater sources. Office of Governor Edmund G. Brown Jr. - Newsroom http://gov.ca.gov/news.php?id=18368[1/28/2014 5:02:58 PM] Back to Top | Contact Us | Privacy Policy | Conditions of Use | F.A.Q. Copyright © 2010 State of California 13.The California Department of Food and Agriculture will launch a one-stop website (www.cdfa.ca.gov/drought) that provides timely updates on the drought and connects farmers to state and federal programs that they can access during the drought. 14.The Department of Fish and Wildlife will evaluate and manage the changing impacts of drought on threatened and endangered species and species of special concern, and develop contingency plans for state Wildlife Areas and Ecological Reserves to manage reduced water resources in the public interest. 15. The Department of Fish and Wildlife will work with the Fish and Game Commission, using the best available science, to determine whether restricting fishing in certain areas will become necessary and prudent as drought conditions persist. 16.The Department of Water Resources will take necessary actions to protect water quality and water supply in the Delta, including installation of temporary barriers or temporary water supply connections as needed, and will coordinate with the Department of Fish and Wildlife to minimize impacts to affected aquatic species. 17.The Department of Water Resources will refine its seasonal climate forecasting and drought prediction by advancing new methodologies piloted in 2013. 18.The California Department of Forestry and Fire Protection will hire additional seasonal firefighters to suppress wildfires and take other needed actions to protect public safety during this time of elevated fire risk. 19.The state’s Drought Task Force will immediately develop a plan that can be executed as needed to provide emergency food supplies, financial assistance, and unemployment services in communities that suffer high levels of unemployment from the drought. 20.The Drought Task Force will monitor drought impacts on a daily basis and will advise me of subsequent actions that should be taken if drought conditions worsen. I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day of January, 2014. ______________________________ EDMUND G. BROWN JR., Governor of California ATTEST: ______________________________ DEBRA BOWEN, Secretary of State ### Feb 3, 2014 WAC/TAC Agenda Item #9 t:\gm\water shortage 2014\wac resolution.doc DRAFT WATER ADVISORY COMMITTEE RESOLUTION SUPPORTING THE SONOMA MARIN SAVING WATER PARTNERSHIP EFFORTS AND GOVERNOR JERRY BROWN’S EMERGENCY DROUGHT DECLARATION THAT INCLUDES SEEKING 20% VOLUNTARY CONSERVATION WHEREAS, the Restructured Agreement for Water Supply (RA), executed on June 23, 2006, by and between the Sonoma County Water Agency (SCWA), the Cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma and Forestville, the North Marin and Valley of the Moon Water Districts and the Town of Windsor, collectively known as the Water Contractors, creates the Water Advisory Committee (WAC) and Technical Advisory Committee (TAC); and WHEREAS, the Water Contractors, along with SCWA and Marin Municipal Water District, are members of the Sonoma-Marin Saving Water Partnership (Partnership), through which these members have joined together to provide a regional approach to water use efficiency; and WHEREAS, these Partnership members recognize that establishing common water conservation projects on a regional basis and applicable across the political and jurisdictional boundaries of each member may be a means of cost effectively conserving more water than would be otherwise be conserved on an individual member-by-member basis; and WHEREAS, the Partnership, through its many water efficiency programs, educational seminars and outreach campaigns, is working to educate our communities about the importance of conserving water resources and eliminating water-wasting behaviors; and WHEREAS, the Partnership received a 2013 WaterSense Excellence award from the U.S. Environmental Protection Agency (EPA) for promoting water efficient irrigation practices through implementation of the Qualified Water Efficient Landscaper Program (QWEL). QWEL educates landscape professionals and their customers on the benefits of sound landscape and design, management and irrigation practices. The award was one of the only five issued by the EPA nationally; and WHEREAS, the Partnership members have taken a regional approach to comply with the Water Conservation Act of 2009 (SBx7-7) requiring a 20% reduction in per capita water use Feb 3, 2014 WAC/TAC Agenda Item #9 t:\gm\water shortage 2014\wac resolution.doc by year 2020, and the individual members and regional effort has resulted in meeting this target eight years in advance of the compliance deadline; and WHEREAS, in summer 2013 the “20-Gallon Challenge” was embraced by community members who pledged to reduce water use by 20 gallons per person per day. The 20-Gallon Challenge was promoted throughout the Russian River Watershed expanding the Partnership reach into Mendocino County. Working together in Sonoma, Marin and Mendocino counties, the “20-Gallon Challenge” resulted in a positive response to the 2013 dry spring conditions; and WHEREAS, calendar year 2013 was the lowest rainfall year on record in 120 years; and WHEREAS, the historical dry conditions have resulted in severely low storage levels in Lake Mendocino (36% of capacity) requiring a Temporary Urgency Change Order to be issued by the State Water Resources Control Board enabling lower in stream releases to the Russian River and preserving lake storage; and WHEREAS, storage level in Lake Sonoma on Dry Creek (66% of capacity) is not significantly below normal and SCWA will re-evaluate water supply conditions in spring 2014 to determine whether it will be necessary to file a subsequent Temporary Urgency Change Petition to address Lake Sonoma storage conditions; and WHEREAS, the Partnership members have embarked on a regional water use efficiency media campaign titled: “There’s a Drought on. Turn the Water Off” designed to increase awareness and reduce water use; and WHEREAS, on January 17, 2014 Governor Brown declared a statewide drought in California and called for a 20% voluntary reduction in water use: NOW, THEREFORE, BE IT RESOLVED, that the Water Advisory Committee hereby pledges to support the Partnership efforts; and Encourages residents to increase water use efficiency by fixing leaks and eliminating unnecessary outdoor irrigation to help protect and preserve reliable drinking water supplies stored in Lake Mendocino and Lake Sonoma; and Urges water customers to heed the Governors’ declaration to reduce water use by 20%. Feb 3, 2014 WAC/TAC Agenda Item #9 t:\gm\water shortage 2014\wac resolution.doc ADOPTED this 3rd day of February, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ITEM NO. 9 1 Meeting Date: February 11, 2014 Department: Public Works & Community Services Submitted By: John McArthur, Director of Public Works & Community Services Prepared By: John McArthur, Director of Public Works & Community Services Carol Adams, Administrative Analyst Agenda Title: Facility Capital Projects List for use of former CDC (RDA) Tax Allocation Bonds - Consideration of approving the Facility Capital Projects List for use of former CDC (RDA) bond proceeds and the Recreation Facility Improvement Project List for use of capital outlay funds RECOMMENDED ACTION: Staff recommends that the City Council consider approving 1) the Facility Capital Projects List for use of former CDC (RDA) 2007RTax Allocation Bonds (“bonds”), subject to review and approval by bond counsel, the Successor Agency Oversight Board and the Department of Finance, and 2) the Recreation Facility Capital Improvement Project List using capital outlay funds. BACKGROUND: In April 2013, the State Department of Finance issued a Finding of Completion for the City of Rohnert Park Successor Agency. Pursuant to the terms of AB 1X 26 as amended by AB 1484 (collectively the “Redevelopment Dissolution Act”), the Successor Agency now has the option to either a) use the 2007R Tax Allocation Bonds in a manner consistent with the original bond covenants, or b) defease the bonds or to purchase those same outstanding bonds on the open market for cancellation. On January 14, 2014, the City Council directed staff to prepare a capital improvements project list for further consideration. ANALYSIS: Staff has developed a draft Facility Capital Projects List with the objective of prioritizing facility capital improvements designed to eliminate unfunded liabilities and/or reduce net operating expenses. Prioritization considerations included the determination of critical needs that must be addressed within a specified period of time. Other considerations in funding projects with bond funds include the availability of possible alternative funding sources such as endowment funds, or low cost financing programs. The identified proposed projects meeting the bond covenant requirements have been classified into three categories: 1. High Priority – needed within 2 years 2. Medium Priority – needed within 3-5 years 3. Low Priority – greater than five years 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 The projects are listed in order of priority. Staff recommends approving the proposed projects identified below, subject to review and approval by bond counsel, the Oversight Board and the Department of Finance: High Priority Projects 1. Community Center Roof Replacement - $239,400 The Community Center roof must be fully replaced within the next two years. If the roof is not replaced, the building will be subject to extensive water intrusion damage leading to very expensive repairs and perhaps eventual closure of the building. A portion of the Community Center roof has already been replaced with Phase I of the roof replacement project completed in the fall of 2013. Phase II would complete the entire community center roof replacement. Phase I of this project was funded from the City Manager’s Contingency Fund. Phase II does not have an identified alternative funding source. 2. Benicia Pool Renovation or Spray Park Installation - $510,720 B-Pool is in need of significant renovation including resurfacing, ADA compliance upgrades, as well as deck and diving board replacement. The renovation work will need to be completed within the next year in order to keep the pool open to the public. An alternative for consideration would be to convert the facility to a spray park. At a comparable cost associated with the needed pool repairs and upgrades, the installation of a spray park would provide some unique benefits to both city operations and the community. Spray parks require no heating or lifeguards and require less maintenance. Thus energy costs and staffing costs would decrease significantly reducing the financial burden to the General Fund. Spray parks have proven to be very popular amenities in other communities, and a spray park could enrich Rohnert Park’s recreation portfolio by providing a unique complement to the other two pools. 3. Sports Center Locker Rooms Retrofit/Rebuild – $478,800 Both the men’s and the women’s locker rooms are in need of significant renovation and remodeling. This project consists of repairing dry rot, installing new vanities and fixtures, installing shower stalls, lighting upgrades, new surfaces (tile), ADA upgrades, and removal of the decommissioned spas. Staff has retained the services of a professional architect and is working on preliminary design. This project was originally planned to be funded from capital outlay funds; however, staff is recommending to fund this project from the 2007R bond proceeds for the following reasons: • The construction costs will be greater than the funds available in the capital outlay fund. Only one locker room or a substantially reduced scope of work could be completed with available capital outlay funds. • The capital outlay funds are not restricted to a specific geographic area of the City, where the bond funds are restricted to the redevelopment project area. The capital outlay funds could be redirected to other critical needs outside the redevelopment project areas such as the Magnolia Park tennis courts and the Honeybee Pool heating filtration system. 4. Public Safety Main HVAC Replacement - $528,000 ITEM NO. 9 3 The HVAC system at the Public Safety Main building is in critical need of replacement. The chiller has lost one of its two vital compressors and the control system is no longer functioning. This system must be replaced within the next year. Additional benefits of replacing the essential Public Safety HVAC system include reduced energy consumption and lower power costs due to the newer equipment being much more energy efficient. This project has a possible alternative funding source through the PG&E On-Bill Financing program. This program offers a payback opportunity on the project funding via energy cost savings realized from the installation of more energy efficient technology. The term for simple payback on this loan via energy savings is ten years and would create no burden on the General Fund. After the ten year payback period, the City would realize ongoing energy cost savings. Staff has completed the preliminary eligibility steps in the PG&E financing program. 5. PAC HVAC Replacement (4 Units) – $462,000 The Performing Arts Center has nine individual air conditioning units that are very near the end of the service life. Although the air conditioning units are currently functioning; due to their age, staff has found repair/replacement parts increasingly difficult to find. Staff is recommending replacing these units incrementally over the next five to ten years. Replacing four units at this time would improve overall system reliability and reduce energy costs because newer units are more efficient. Also, the replaced units could be used as spare parts for the other units should they fail before eventual replacement. The Performing Arts Center unrestricted endowment fund balance is $698,388 and could be used to partially fund this project. 6. Senior Center Roof Replacement - $234,000 The Senior Center roof must be replaced within three to five years to avoid extensive damage to the building from water intrusion. 7. Alicia, Benicia, and Ladybug Park Restroom Renovation - $101,000 These park restrooms have been closed for over three years. Restroom service is currently provided with porta-potties. Previously, when the restrooms were open to the public, they were frequently vandalized resulting in costly repairs. Most vandalism incidents occurred after normal hours; typically at night when the park is closed. Adding certain security features to the restroom facilities could curtail vandalism incidents. This project is comprised of two major components: 1) replacing the restroom fixtures and privacy stalls with commercial grade materials that are vandalism resistant, and 2) installing security features including auto-locking doors with intrusion alarm capability, as well as motion sensing exterior lighting and video surveillance. The bond funds are restricted to projects within the former redevelopment project area. Alicia, Benicia, and Ladybug Park restrooms are the only park restrooms that can use bond funding for capital improvements since they are the only park restrooms within the project area. If this project successfully deters vandalism, it could serve as a pilot project to plan possible future public restroom reopening in other areas of the City. Medium Priority Projects 1. Senior Center Restroom Renovation - $109,200 Both the men’s and the women’s restrooms are in need of significant renovation. This project consists of repairing dry rot, new vanities and fixtures, floor cover replacement, lighting upgrades, and ADA upgrades. ITEM NO. 9 4 2. Performing Arts Center Roof - $1,276,800 The Performing Arts Center Roof must be replaced within the next three to five years. The project cost estimate is based upon replacing the current wood shingle roof with a metal roof similar to the Sports Center Roof. The Performing Arts Center unrestricted endowment fund could be used to partially fund this project. 3. Community Center Complex Parking Lot Paving - $1,308,720 The pavement throughout the Community Center parking lot is aged and in need of rehabilitation work. The pavement should receive an overlay within the next three to five years to avoid extensive failure. Postponing this work too far into the future may require more extensive repairs or even complete reconstruction resulting in much higher costs. This project consists of a paving overlay and restriping. The Performing Arts Center unrestricted endowment fund could be used to partially fund the paving overlay at the Performing Arts Center parking lot. Lower Priority Projects 1. Library Parking Lot Paving and Landscape Improvements - $234,900 This project includes a paving overlay and installing irrigation piping to the parking lot islands. With the irrigation installation, trees and other landscaping features could then be installed. This property is located in the Priority Development Area (PDA). Depending on future development of properties in the PDA, there is a possibility to fund this work in conjunction with future development. 2. Community Center Courtyard Upgrade - $39,900 The remaining concrete where the courtyard fountain once was is in need of rehabilitation. The current concrete section still has remnants of the fountain waterproofing material and is unsightly. Recoating this area with an aesthetically pleasing color or texture could attract more usage of the courtyard and be more inviting to the visitors. This project could be partially funded by the Performing Arts Center unrestricted endowment fund. A complete summary of the projects proposed for using bond proceeds is outlined in the tables below. Table 1 – High Priority Projects (needed within 2 years) Project Cost ($) Community Center Roof 239,400 B-Pool Renovation or Spray Park 510,720 Sports Center Locker Room Retrofit/Rebuild* 478,800 Public Safety Main HVAC Replacement 528,000 PAC HVAC Replacement (4 Units) 462,000 Senior Center Roof Replacement 234,000 A, B, and L Park Restroom Renovation 101,000 Total High Priority: $2,553,920 *Planning in progress; previous funding source was capital outlay ITEM NO. 9 5 Table 2 – Medium Priority Projects (needed within 3-5 years) Project Cost ($) Senior Center Restroom Renovation 109,200 PAC Roof Replacement 1,276,800 Community Center Parking Lot Overlay 1,308,720 Total Medium Priority: $2,694,720 Table 3 – Lower Priority Projects (greater than 5 years) Project Cost ($) Library Parking Lot Paving & Landscaping 234,900 Community Center Courtyard Upgrade 39,900 Total Low Priority: 274,800 Recreation Facility Capital Improvement Projects Two additional high priority recreation facility capital projects have been identified that do not meet the criteria for bond funding, but warrant consideration at this time for possible funding via capital outlay. These projects are as follows: 1. M-Park Tennis Court Reconstruction (4 Courts – North Side) - $119,700 2. H-Pool Filter & Heater Replacement - $101,200 Staff recommends that the City Council consider allocating the capital outlay funding previously allocated to the Sports Center Locker Room Retrofit/Rebuild project in an effort to address these two critical community needs. The total use of tax allocation bond funds for the proposed qualifying projects amounts to $5,523,440, and the amount of capital outlay proposed to fund the two additional high priority projects listed above is estimated to cost $220,900. CONCLUSION: Using the bond proceeds for needed capital improvements that are consistent with the bond covenants and the capital outlay funds as recommended would restore the City’s valuable community assets and relieve the General Fund of several million dollars in pending expenses. Approving the proposed bond funded project list and the recreation facility capital projects list provides the following advantages: 1. Relieves the General Fund of several million dollars in pending expenses, 2. Provides a unique opportunity to restore aging facilities, 3. Provides an immediate benefit to the community, 4. Reduces maintenance costs, 5. Utilizes City staff time more efficiently, and 6. Frees up previously committed capital outlay funds to help meet additional critical facility capital needs. ITEM NO. 9 6 NEXT STEPS Upon City Council direction, staff would: 1) work with the City Attorney and bond counsel to prepare appropriate documents for review and approval, as applicable by the City Council, Successor Agency Board, Oversight Board and Department of Finance to allow expenditure of bond proceeds for projects on the approved Facility Capital Projects List and 2) add and appropriate capital outlay funds for the recreation facility capital projects into the City’s Capital Improvement Program and commence planning phase of each project. Department Head Approval Date: January 27, 2014 City Manager Approval Date: February 3, 2014 City Attorney Approval Date: January 31, 2014 Attachments: Draft Facility Capital Projects List Version 6 January 27, 2014 FACILITY CAPITAL PROJECTS PRELIMINARY PLANNING WORKSHEET Available Funds = $5.7 million Goal: Complete projects that save the City money. Save the City money defined as: eliminating unfunded liabilities or reducing net operating expense Priority Considerations Project Urgency Alternative Funding Source Unfunded Liability Reduces Direct Operating Costs Increases Revenue Estimated Cost ($ ) Contingency ($) Total Construction ($) Soft Cost ($) Project Total ($) 2007R Funds: Community Center Roof Replacement high no yes no no 150,000 30,000 180,000 59,400 239,400 B-Pool Renovation or Spray Park high no yes yes maybe 320,000 64,000 384,000 126,720 510,720 Sports Center Locker Rooms Retrofit/Rebuild high no yes no maybe 300,000 60,000 360,000 118,800 478,800 Public Safety Main HVAC Replacement high possible yes yes no 400,000 80,000 480,000 48,000 528,000 PAC HVAC Replacement (4 units)high partial yes yes no 350,000 70,000 420,000 42,000 462,000 Senior Center Roof Replacment high no yes no no 150,000 30,000 180,000 54,000 234,000 A, B, and L-Park Restroom Renovation high no yes no no 80,000 16,000 96,000 5,000 101,000 Subtotal High Priority 2,553,920$ Senior Center Restroom Renovation medium no yes no no 70,000 14,000 84,000 25,200 109,200 PAC Roof Replacement medium partial yes no no 800,000 160,000 960,000 316,800 1,276,800 Community Center Parking Lot Overlay medium partial yes no no 820,000 164,000 984,000 324,720 1,308,720 Subtotal Medium Priority 2,694,720$ Library Parking Lot Paving and Landscaping low possible (future)no no maybe 145,000 29,000 174,000 60,900 234,900 Community Center Courtyard Upgrade low possible yes no no 25,000 5,000 30,000 9,900 39,900 Subtotal Low Priority 274,800$ Total Bond Funds 5,523,440 Capital Outlay Funds: M-Park North 4 Tennis Courts Reconstruction high partial (grant)yes no maybe 75,000 15,000 90,000 29,700 119,700 H-Pool Filter/Heater high possible yes yes no 80,000 8,000 88,000 13,200 101,200 Total Capital Outlay Funds 220,900 resurface pool, deck replacement, ADA, diving board or convert to a spray park, demo existing pool urgency scale High = needed within 2 years Medium = needed within 3-5 years Low = greater than five years B-pool: ITEM NO. 10 1 Meeting Date: February 11, 2014 Department: Administration Submitted By: Darrin Jenkins, City Manager Agenda Title: Consideration of Amendments to the Redwood Empire Municipal Insurance Fund (REMIF) Joint Powers Authority Agreement to Conditionally Authorize Associate Members to become Voting Members RECOMMENDED ACTION: Staff is seeking direction regarding a proposed change to the Redwood Empire Municipal Insurance Fund Joint Powers Authority voting membership that would give associate members full voting rights. BACKGROUND: The Redwood Empire Municipal Insurance Fund (REMIF) was founded in 1976 by Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, Sonoma, and Ukiah to pool insurance services for the small cities. These original cities are called “founding members.” Shortly thereafter, REMIF started adding cities including Fort Bragg, Lakeport, and Willits in 1978; Arcata and Fortuna in 1980; St. Helena in 1986, Windsor in 1992; and Eureka in 1993. These cities are called as “associate members.” Until the year 2000, associate members had no voting rights. Then two board positions were added which rotate through the eight associate members on two-year terms. Associate member cities vote for two years out of every eight years, while founding member cities vote continuously. Associate members then not on the board sit in the audience at meetings and comment as members of the public. They are not permitted in closed session discussions of lawsuits, even though the suit may affect their agency. Costs and benefits are distributed to REMIF founding members and associate members in equal proportions. The only exception is board membership where associate membership is diluted to one quarter that of each founding member (two votes for eight associate members). Many associate members and some founding members believe the board membership inequity is no longer appropriate. In 2012, during a REMIF strategic plan workshop, the issue of governance received the most votes from those present. The associate members are seeking full voting rights after ten years of membership. Such a change requires amendment of the REMIF joint powers authority (JPA) by-laws which requires consent of each of the seven founding member agencies. 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. 10 2 ANALYSIS: Changing the voting membership will dilute Rohnert Park’s vote. Currently the city’s vote is 1/9th of the total. If all members vote the city’s vote would be 1/15th of the total. The JPA currently provides that amendments of the JPA require unanimous approval of the seven founding members. If the associate members become full voting members, then requiring unanimous approval for JPA amendments could create difficult situations when the overwhelming majority of the parties wish to amend the JPA and one agency holds out against the wishes of the group. A concern is if the proposal results in requiring unanimous approval of fifteen JPA members, amending the JPA will become unwieldy and exposed to wayward members holding up amendments. To address this concern, staff recommends conditioning Rohnert Park’s approval of the full voting membership of the associate members on another JPA amendment allowing flexibility for amendments to the JPA. For example, for certain types of amendments which are not detrimental to any of the member agencies, the JPA could provide for amendment by a supermajority vote of the members, such as 75% of the potentially fifteen JPA members. For all other types of amendments, the JPA could provide that unanimous approval is required, but that if 75% of the members approve the amendment it will be deemed effective and if the remaining members fail to withdraw their membership within a certain timeframe, they will be deemed to have ratified the amendment. This added flexibility would be an improvement over the proposed situation because it accounts for the issues that can arise with such a large membership. CONCLUSION: Staff is seeking City Council concurrence with its recommendation to request REMIF move forward with a JPA amendment to change associate member voting status to that of founding members provided that additional amendments are made to provide for flexibility in amending the JPA such as those described above. If the other REMIF founding members agree with the recommendation, actual JPA amendment language would be brought to the Council for formal consideration at a future meeting. Department Head Approval Date: N/A City Manager Approval Date: 2/4/2014 City Attorney Approval Date: 2/5/2014 Attachments (list in packet assembly order): None ITEM NO. 11 1 Meeting Date: February 11, 2014 Department: Development Services Prepared By: Ellen Beardsley, Administrative Assistant for Eydie Tacata, Management Analyst / Clerk for the Oversight Board Agenda Title: Oversight Board to the CDC Successor Agency Replacement Appointment RECOMMENDED ACTION: Acknowledge resignation of Linda Babonis from the Oversight Board (“OSB”) and confirm the Mayor’s appointment of Marilyn Ponton to the OSB. BACKGROUND: Health & Safety Code Section 34179(a)(2) states that one member of the OSB is to be “appointed by the Mayor from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time.” At the City Council meeting of February 28, 2012, Mayor Jake Mackenzie appointed Linda Babonis to the OSB. Due to the recent elimination of Ms. Babonis’s position of Economic Development Manager with the City, she has submitted the attached written resignation to the OSB Chair per Section 7 of the OSB Bylaws 1. Pursuant to OSB Bylaws Section 8 ‘Filling of Vacancies’, “In the event of a vacancy on the Board, the appointing entity for the vacant seat shall select a member to fill such vacancy as soon as reasonably practicable, provided, however, that the Governor may appoint individuals to fill any member position that remains vacant for more than sixty (60) days.” Mayor Joe Callinan would like to appoint Marilyn Ponton, Interim Director of Development Services, to the Oversight Board, and asks that the Council confirm the appointment. FISCAL IMPACT/FUNDING SOURCE: No fiscal impact. Department Head Approval Date: 1/21/2014 City Manager Approval Date: 1/27/14 City Attorney Approval Date: 1/23/2014 Attachments (list in packet assembly order): 1. Linda Babonis’s notice of resignation 1 Section 7. Resignation: Any Board member may resign at any time by giving written notice to the Chair, who shall forward such notice to the Successor Agency and to DOF. Any such resignation will take effect upon receipt or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective. 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. 12 1 Meeting Date: February 11, 2014 Department: Department of Public Safety Submitted By: Pat Strouse, Lieutenant Prepared By: Pat Strouse, Lieutenant Agenda Title: Public Hearing: City of Rohnert Park Parking Permit Program. The creation of designated residential permit parking areas on Maximillian Place and a portion of Maurice Avenue to be listed under M-Section Permitted Parking Area, per existing City Ordinance 818 (10.50 MC). If approved, adopt regulations, and recommended time restrictions. RECOMMENDED ACTION: 1. Staff recommends approving all of Maximillian Way being designated as a Permitted Parking Area based on the submitted signatures on the attached petition, which meets the requirement of the existing City Ordinance (818) 10.50. MC 2. Staff recommends approving a Permitted Parking Areas on Maurice Avenue extending from Michael Way to Mercedes Way to accommodate those residences with corner lots based on the submitted signatures on the attached petition, which meets the requirement of the existing City Ordinance (818) 10.50. MC 3. Staff recommends a time restriction of Monday – Friday from 6 a.m. to 10 p.m., which covers the problem hours for the area. It will also allow for additional weekend parking for area residents that may have gatherings at their residences. 4. Staff recommends the creation of a master list of Permitted Parking Zones within the City to be maintained and updated as necessary at City Hall where permits will be issued. 5. Staff Recommends establishing a Residential Permit Parking Fee of $20.00 to be renewed annually and a fee of $5.00 for Temporary Parking Permits on each occasion. BACKGROUND: City Ordinance 818 was adopted on October 13, 2009. It added Chapter 10.50 – Residential Permit Parking Program, to Title 10 – Vehicles and Traffic, in the Rohnert Park Municipal Code. The purpose is to provide the city and its residents with an alternative instrument to address an expanding problem of long-term parking in the city’s neighborhoods and residential areas by non-residents thereof, which creates unnecessary congestion, noise, trash and safety concerns. In addition to increased enforcement of existing parking violations, limiting this non-resident parking by implementing a residential parking permit program is deemed to be the most direct 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. 12 2 solution to the problem. Below is a list of factual information and guidelines utilized in the creation of the Ordinance 818: • City streets are a public right of way upon which any properly registered vehicle may drive or park, within the confines of applicable state law and local ordinance. • There is no statute or regulation in state law or city ordinance, which implicitly or explicitly provides for an expectation or right of ownership for parking on a city street in front of or near to one’s individual single-family residence. • Every single-family home in the City of Rohnert Park was originally built to provide a minimum of 4 vehicular parking spaces within its respective parcel space (2 garage spaces, 2 driveway spaces). • Sonoma State University has been present and part of Rohnert Park since 1961, moving to its current location in 1966, with the adjacent “M” and “R” residential neighborhood sections not arriving until 1988 • There are no driveways or front door access to any homes on Maurice Avenue, except for 6 parcels west of Mercedes Way. • The creation of a Residential Parking Permit Area is initiated by the residents of a particular area, by way of petition to the City Council. • 65% of the residents in a proposed area must agree to and sign the petition. • Only one adult resident per residence may be counted towards the 65%. • Upon receipt of a valid petition, City Council shall hold a public hearing, after which it may establish a Residential Parking Permit Area. KEY COMPONENTS OF EXISTING PERMITTED PARKING AREA ORDINANCE 10.50.060 Parking Permits • (A) Parking permits will remain valid for a period of one year from the date of issue and must contain the location of the residential parking permit area for which they are issued and the dates for which they are valid. Parking permits must also contain a unique number that can be used to identify the person, motor vehicle, and/or residence affiliated with each parking permit. • (B) Each parking permit shall be displayed hanging from the motor vehicle's rear-view mirror or dashboard, with the permit number clearly visible. • (C) Once the City Council establishes a residential parking permit area, an affected resident can apply for a parking permit at City Hall. The City Manager or his/her ITEM NO. 12 3 designee may adopt additional rules and regulations governing the issuance and display of residential parking permits, but at a minimum an applicant must provide the following: • (1) Proof of residence within the residential parking permit area; • (2) Proof of valid registration for the proposed permitted motor vehicle; • (3) A fee in an amount established by City Council resolution. • (D) A parking permit may be issued to a resident who does not possess a motor vehicle if the resident submits a signed statement demonstrating that the resident needs to provide a parking permit to a caretaker or service provider. • (E) No more than three parking permits shall be issued for each residence, and no more than one permit shall be issued per motor vehicle. • (F) Once issued, parking permits may be interchanged among all motor vehicles associated with each residence or person listed on the application. Parking permits may also be loaned to guests, visitors, and service providers associated with the residence or person listed on the application. • (G) To accommodate special events such as family gatherings and other temporary events, the City may issue Temporary Parking Permits to residents within a residential parking permit area. Any resident within a residential parking permit area can apply for a Temporary Parking Permit at City Hall. A Temporary Parking Permit shall be valid for a maximum period of 14 calendar days and must include the following information: • (1) The residential parking permit area; • (2) The dates for which it is valid; • (3) The address of the residence associated with the temporary parking permit; and • (4) The printed name and signature of the issuing official. ANALYSIS: Currently during the weekdays and normal SSU school hours, including night classe’s, there are many vehicles parked on both sides of Maurice Avenue from Michael Way spreading west to Mercedes Way. The majority of the vehicles appear to be from SSU students & staff avoiding the on-campus parking fees mixed in with actual area residents parked vehicles. Some of the side streets off of Maurice Avenue have also been impacted by these parking patterns resulting in the Maximillian Way residents submitting their signed petition. Refer to the attached pictures. The residents of Maximillian Place have submitted a petition to have all of Maximillian Place designated as a Permit Parking Area. The dates of signatures on the petition range from November of 2012 to August of 2013. It was signed by residents of 48 of the 53 residences ITEM NO. 12 4 (90%), which is well above the 65% required by the existing code. Each of these residences has front door and driveway access to Maximillian Place. The Maximillian Place petition is straight forward and clear that the residents would like more control over the available parking spaces on the street in front of their homes. A second petition was submitted by residents living on Maurice Avenue, Monet Place, Mitchell Drive, Monique Place, Maximillian Place, Michael Way, and Meridian Circle. The dates of signatures range from September 2011 to November of 2012. There are 6 physical residences on Maurice Avenue that have actual front doors and driveway access to Maurice Avenue, and 5 of them signed the petition. Those 5 residences are located west of Mercedes Way, which puts them beyond the area the petition is designed to accommodate. The remaining residents that signed the petition live on the above listed side streets off of Maurice Avenue. Their homes are corner lots with addresses, front doors & driveways on the listed side streets with Maurice Avenue as the common primary roadway. Vehicles parking on Maurice Avenue in this location would be primarily parking next to the side yards of the effected residences. The total number of potentially effected residences including the Maurice Avenue residents west of Mercedes Way is 28. The petition has 19 signatures which just meets the 65% requirement, which in this case is 18 signatures. If you remove the 8 residences west of Mercedes Way the total of possibly effected residents would be 20. The petition has 13 signatures, which is the 65% requirement. The Maurice Avenue petition is more complex due to the fact that there are no actual physical Maurice Avenue residences in the problem location. The petitioners on the previously listed side streets (with the exception of Maximillian Way) are asking for a permitted parking area on a street that their actual residential address isn’t on. Meanwhile their actual residential street where they could park (limited) in front of their residence wouldn’t be part of the permit parking area. The petitioners state that besides limited parking availability due to the large number of vehicles parked near their property they often find garbage and other discarded items left behind. It reduces their quality of life and creates blight in their neighborhood. Since they are on a corner lot these residences don’t have much curb parking available to them in the front of their residence so some of them would have to park in front of their driveway. The available parking space between residential streets on Maurice Avenue allows for 8-10 vehicles to park on each side. A solution would be to put all of Maurice Avenue between Michael Way and Mercedes Way in the Permitted Parking area. On November 19, 2013, at the invitation of the Public Safety Department a community meeting was held at the library for the effected “M” section residents as described above. The primary purpose of the meeting was to confirm the area residents knew exactly what they were asking for and the approximated costs involved to them if the Permitted Parking Program was implemented. Various proposals were discussed and many questions were answered. At the conclusion of the two hour meeting it was clear that while a few were opposed to the creation of the program the overwhelming majority was in favor of it. Staff believes that this meeting adequately clarified the location that the petitioners sought to include in the Permitted Parking area, as required by RPMC 10.50.050. The Finance Department will oversee the Permitted Parking process at City Hall and will be responsible for creating and maintaining a list of approved permitted parking areas within the City. If approved, the “M-Section Permit Parking Area” would be created and the two listed streets would be assigned to that permit parking area. The Finance Department will also be responsible for the creation and the actual distribution of the parking permits and related materials. ITEM NO. 12 5 COMPARITIVE CITIES PARKING PERMIT FEES: Santa Rosa: The City of Santa Rosa has several Residential Permit Parking Areas in the City including residential areas near Santa Rosa Junior College. Santa Rosa Charges $20.00 for a Residential Parking Permit in all areas and it must be renewed annually. Three Permits per residence maximum. Petaluma: The City of Petaluma has two Residential Permit Parking Areas. One is near the Petaluma Campus for the Santa Rosa Junior College. They charge $4.00 for a Residential Parking Permit in this area per year. The “Downtown Area” is the second Residential Area and the City charges $28.00 per year. Each permit for both areas must be renewed annually and five permits per residence is the maximum. OPTIONS CONSIDERED: Staff recommends the option described in the Recommended Action section above as the most direct solution to the congestion, noise, trash and safety concerns identified by the petitioners. Staff believes that the applications satisfy the applicable requirements. Consistent with Section 10.50.050, at least 10 days prior to the Council meeting, staff posted notice of a public hearing on this item on all blocks proposed to be included in the Residential Parking Permit area. Should the Council adopt the recommended resolutions, they will not take effect until signs or markings giving adequate notice have been posted in the Residential Parking Permit area. This will give staff sufficient time to get the permit program up and running before the new parking restrictions go into effect. Another possible solution would be to create a 60 foot long Permitted Parking area on Maurice Avenue extending from each corner prolongation of the listed cross streets and keep the parking area in the middle open to the public. However, this solution would only address the parking issue and not the potential for on-going blight issues. Michael Way would be slightly different since only the South / East corner would need to be included due to existing “Red Zones” currently in place and available off-street parking in the condominium lot. Refer to attached map. Another option would be to post timed parking signs such as “2hr parking only”, or similar. This option requires a heavy reliance on enforcement efforts by a Public Safety CSO for it to be effective. Currently Public Safety has only one part-time CSO on staff and she handles a variety of Calls for Service that use up her available work hours. Council can choose to not create either proposed designated parking permit area. FISCAL IMPACT/FUNDING SOURCE: The approximate startup costs for the project will be $4,800.00. This will include the purchase and creation of materials necessary for the project and the labor required to operate the program. Public Safety, Public Works and Finance worked together to develop estimated costs per annual permit, and have calculated a per-permit amount of $20. The assumptions for the estimate include 120 permits; 5 year life of the signage; and an estimate of the time needed to determine ITEM NO. 12 6 eligibility, perform collections, and validate permits. A cost break-down form was created by the Finance Department and it identifies estimated one-time costs, and estimated on-going costs for the annual parking permit program. The form is attached to this report. The $20.00 per annual permit cost is also consistent with our neighboring communities parking permit costs. We further recommend that the cost of a “Temporary” Parking Permit be set at $5.00 per occasion. Section 10.50.060 of the Rohnert Park Municipal Code requires that any fee be adopted by Council Resolution. Department Head Approval Date: 01-23-14 City Manager Approval Date: 01-21-14 City Attorney Approval Date: 01-22-14 Attachments (list in packet assembly order): 1. Ordinance 818- (Chapter 10.50 RPMC – Residential Permitted Parking Program) 2. Maximillian Place Resolution 3. Maurice Avenue Resolution 4. Parking Permit Fee Resolution 5. Public Hearing Notice 6. Two submitted neighborhood petitions 7. Map of Area 8. Photographs of involved areas 9. Sign and Placard Examples 10. Cost Breakdown Sheet RESOLUTION NO. 2014-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ADDITION OF MAXIMILLIAN PLACE TO THE M-SECTION RESIDENTIAL PERMIT PARKING AREA OF THE CITY-WIDE RESIDENTIAL PERMIT PARKING PROGRAM WHEREAS, a petition has been received from Maximillian Place (Entire Length) residents requesting the establishment of a Residential Permit Parking Program; and WHEREAS, the petition satisfied the requirements set forth in Section 10.50 to qualify for consideration of inclusion of the designated area in the Residential Parking Program; WHEREAS, the Department of Public Safety has held a Neighborhood meeting with residents, reviewed the issues, monitored the area, and considered the merits of adding Maximillian Place to the M-Section Permit Parking Area; and WHEREAS, the City Council held a Public Hearing on the matter incompliance with City Ordinance 818; and WHEREAS, it has been determined that this neighborhood meets the City’s requirements for inclusion to the Residential Permit Parking Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the addition of Maximillian Place to the M-Section Permit Parking Area, adding both sides of the entire length of Maximillian Place to Residential Permit Parking Program consistent with current regulations. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to implement said Permit Parking Program. BE IT FURTHER RESOLVED that, pursuant to Rohnert Park Municipal Code section 10.50.050, this Resolution shall not take effect until signs or markings giving adequate notice have been posted in the Residential Parking Permit area. DULY AND REGULARLY ADOPTED this 11th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) RESOLUTION NO. 2014-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ADDITION OF MAURICE AVENUE BETWEEN MERCEDES WAY AND MICHAEL WAY TO THE M-SECTION RESIDENTIAL PERMIT PARKING AREA OF THE CITY-WIDE RESIDENTIAL PERMIT PARKING PROGRAM WHEREAS, a petition has been received from Maurice Avenue (Between Mercedes Way and Michael Way) residents requesting the establishment of a Residential Permit Parking Program; and WHEREAS, the petition satisfied the requirements set forth in Section 10.50 to qualify for consideration of inclusion of the designated area in the Residential Parking Program; WHEREAS, the Department of Public Safety has held a Neighborhood meeting with residents, reviewed the issues, monitored the area, and considered the merits of adding Maurice Avenue (Between Mercedes Way and Michael Way)to the M-Section Permit Parking Area; and WHEREAS, the City Council held a Public Hearing on the matter incompliance with City Ordinance 818; and WHEREAS, it has been determined that this neighborhood meets the City’s requirements for inclusion to the Residential Permit Parking Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the addition of Maximillian Place to the M-Section Permit Parking Area, adding both sides of Maurice Avenue (Between Mercedes Way and Michael Way) to Residential Permit Parking Program consistent with current regulations. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to implement said Permit Parking Program. BE IT FURTHER RESOLVED that, pursuant to Rohnert Park Municipal Code section 10.50.050, this Resolution shall not take effect until signs or markings giving adequate notice have been posted in the Residential Parking Permit area. DULY AND REGULARLY ADOPTED this 11th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) RESOLUTION NO. 2014-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ESTABLISHMENT OF RESIDENTIAL PERMIT PARKING FEES WHEREAS, City Ordinance 818 (Title 10 of the Rohnert Park Municipal Code) - Residential Parking Permit Program was created in 2009; WHEREAS, as stated in RPMC 10.50.060 (C)(3) a parking permit fee will be established by City Council resolution; and WHEREAS, City staff conducted a cost study to evaluate the cost of providing parking permits and determined the Residential Parking Permit Fee should be $20.00 for an annual parking permit and $5.00 for temporary parking permits on each occasion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the establishment of Residential Parking Permit Fees as described above for current and any future Residential Parking Permit Areas created in the City of Rohnert Park. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 11th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a PUBLIC HEARING. WHERE: Rohnert Park City Hall – Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, February 11, 2014, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To solicit input regarding the addition of Maximillian Place (All) and Maurice Avenue (between Mercedes Way and Michael Way) into the Permit Parking Area Program of the M-Section Permit Parking Area. The City received petitions from residents seeking to restrict parking in M-Section pursuant to the procedures set forth in Rohnert Park Municipal Code Chapter 10.50. Representatives of this proposal will be available at the public hearing to respond to questions. If the Council follows staff’s recommendation, the aforementioned portions of Maximillian Place and Maurice Avenue would have parking restricted to residents with permits from Monday through Friday from 6 AM to 10 PM. Residents will be charged $20 annually for a Residential Permit and $5 for a Temporary Permit. All persons interested in this matter should appear at the February 11, 2014 City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part of the public hearing. NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing. Documents related to this item are available for public review during normal business hours at the City Clerk’s Office, 130 Avram Avenue, Rohnert Park, CA, (707) 588-2225. Questions regarding this matter should be directed to Lieutenant Pat Strouse, Department of Public Safety at 707-584-2600 Dated: January 28, 2014 JoAnne Buergler, City Clerk Published: January 31, 2014 We, the undersigned, are hereby opposed to Rohnert Park city ordinance #818, a residential parking permit program for the M- section of Rohnert Park Name Address Signat Jt4 �'1 • ` G . 744. 7 Maximillian PI. 02/10/14 L 4 -' -)4-e (, 1 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 02/10/14 Maximillian PI. 02/ 02/10/14 02/10/14 02/10/14 02/10/14 02/10/14 02/10/14 Maximillian PI. Maximillian PI. Maximillian PI. 02/10/14 02/10/14 Maximillian PI. 02/10/14 Maximillian Pl. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 r Communications 1 Miscellaneous o 0% o 4 g) P 0/ 4 0/ 4 PIN 11111' 02/10/14 02/10/14 02/10/14 02/10/14 02/10/14 02/10/14 Maximillian PI. Maximillian PI. Maximillian PI. 02/10/14 02/10/14 Maximillian PI. 02/10/14 Maximillian Pl. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 Maximillian PI. 02/10/14 ;piq� 11111111�1q� 24 M, I have lived at 7502 Monet Place for almost 25 years. I am at the corner of Maurice Ave. and Monet Pl. Due to this location, I have had the unique opportunity to directly observe the parking and traffic situation along Maurice Ave. between Mercedes Way and Mitchell Dr. As such, I would like to offer the following recent parking and traffic observations for the 2/11/14 City Council meeting to assist with the decision process for the proposal of expanding the Permit Parking Program in the M Section: J you require further details for the information outlined above, please let me know, Sincerely, Phil Van Dalen 7502 Monet Place Rohnert Park, CA 94928 707-695-7454 Buerg,ler, JoAnne ......... ......... From: Shelley Wad <sunshell@sonic.net> Sent- Monday, February 10, 2014 8:03 PM To: Buergler, JoAnne Subject: Ord inance#818 from 2009 Sent from my Wad 11 Buergler, JoAnne . . . .... .. From: Shannon Yebra <myebra8@gmail.com> Sent.- Tuesday, February 11, 2014 9:16 AM To: Buergler, JoAnne Subject: Maximillian PI parking program 23�=� Shannon Yebra 707-888-8773 gal ". .0 V'wq' IL9. Go it u:\admin\tac - wac tac\agendas and minutes\wac tac 2014\february\wac tac agenda 020314.docx FOR ACCESSIBLE MEETING INFORMATION CALL: (707) 543-3350 ADD: (707) 543-3031 WATER ADVISORY COMMITTEE AND TECHNICAL ADVISORY COMMITTEE MONDAY, FEBRUARY 3, 2014 9:00AM Utilities Field Operations Training Center 35 Stony Point Road, Santa Rosa, CA This is a combined WAC and TAC meeting. 1. Check In 2. Public Comment 3. Election of WAC Chair and Vice Chair 4. Recap from the November 4, 2013 WAC/TAC Meeting and Approval of Minutes 5. Recap from the January 6, 2014 TAC Meeting and Approval of Minutes 6. WAC/TAC Meeting Schedule 7. Water Supply Coordination Council 8. Water Supply Conditions and Temporary Urgency Change Order 9. Resolution Supporting SMSWP Efforts and Governors’ Declaration to Reduce Water Use 10. FY 2013/14 Draft SCWA Budget 11. Draft Water Shortage Allocation Model Update 12. SCWA Water Supply/Transmission System Operations Status (Oakmont Pipeline Leak Repair) 13. Biological Opinion Status Update 14. Integrated Regional Water Management Plan(s) Update 15. Items for Next Agenda 16. Check Out BOARD OF DIRECTORS AGENDA February 10, 2014 – 2:30 p.m. Sonoma County Permit & Resource Management Department Planning Commission Hearing Room – 2550 Ventura Avenue, Santa Rosa, CA 1. Call to order the meeting of the Sonoma County Transportation Authority (SCTA) and the Sonoma County Regional Climate Protection Authority (RCPA) 2. Public comment on items not on the regular agenda 3. Consent Calendar A. SCTA Consent 3.1. Hwy 101 – URS Contract Amendment - MSN B2 - DSDC (ACTION)* B. SCTA/RCPA Concurrent Items 3.2. Minutes of the January 13, 2014 meeting (ACTION)* 4. Regular Calendar A. SCTA/RCPA Concurrent Items 4.1. Appointment of Executive Committee (ACTION) B. SCTA 4.2. SCTA Planning 4.2.1. Senate Bill 743 – CEQA, Level Of Service metrics changes (REPORT)* 4.3. SCTA Projects and Programming 4.3.1. Transit – presentation on Sonoma Access: Public, private, non-profit transportation collaboration – “one call-one click” website and call center no available: 4.3.2. Measure M – adoption of the FY12/13 Measure M Annual Report (ACTION 4.3.3. Highways – Update on State Highway projects (REPORT) C. RCPA 4.4. RCPA Projects and Programs 4.4.1. Request For Qualification for energy efficiency outreach activities (ACTION 4.4.2. Climate Action Forums hosted at RCPA (REPORT)* 4.4.3. RCPA activities report (REPORT)* 5. Reports and Announcements 5.1. Executive Committee report 5.2. Regional agency reports* w )* )* http://www.sonomaaccess.org/ (REPORT) SMART NCRA MTC Self Help Counties Coalition ABAG BAAQMD CALCOG GGBHTD Sonoma Clean Power 5.3. Advisory Committee agendas* 5.4. SCTA/RCPA staff report 5.5. Announcements 2 6. Adjourn *Materials attached. The next SCTA/RCPA meetings will be held Copies of the full Agenda Packet are available at www.sctainfo.org March 10, 2014 DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternate format or that requires an interpreter or other person to assist you while attending this meeting, please contact SCTA/RCPA at least 72 hours prior to the meeting to ensure arrangements for accommodation. SB 343 DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Materials related to an item on this agenda submitted to the SCTA/RCP after distribution of the agenda packet are available for public inspection in the SCTA/RCPA office at 490 Mendocino Ave., Suite 206, during normal business hours. Pagers, cellular telephones and all other communication devices should be turned off during the committee meeting to avoid electrical interference with the sound recording system. TO REDUCE GHG EMISSIONS: Please consider carpooling or taking transit to this meeting. For more information check www.511.org, www.srcity.org/citybus, www.sctransit.com or www.wegorideshare.com/sonoma/ A 3