2024/03/12 City Council Resolution 2024-018 RESOLUTION NO. 2024-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE GRANT ACCEPTANCE AND EXECUTION OF THE GRANT
FUNDS FROM CALOES FOR THE FEMA GRANT AND DESIGNATING THE CITY
MANAGER ORDESIGNEE AS AUTHORIZED REPRESENTATIVE TO EXECUTE
CONSULTANT SERVICES AGREEMENT WITH SANDIS, INC. FOR$592,776
WHEREAS; City Council approved the Local Hazard Mitigation plan in Resolution
2019-116 and authorized the submission to Federal Emergency Management Agency (FEMA);
and
WHEREAS, in an effort to become more resilient to seismic events the City applied for
funds to better protect the water distribution system; and
WHEREAS, the City received approval for Hazard Mitigation Grant Program (HMGP)
funds in the amount of$290,190.75 for the Water Tank and Well Seismic Retrofit project on
November 4, 2022 from the Federal Emergency Management Agency (FEMA) for water system
improvements; and
WHEREAS, the grant is administered through the California Governor's Office of
Emergency Services(Cal OES Project No. DR4569-PA0210), and the City needs to accept the
grant funds of$290,190.75 for design from the FEMA Hazard Mitigation Grant Program per
Resolution 2022-099 and add those funds to the Project No. 2020-17 budget; and
WHEREAS, on October 12, 2023 the City of Rohnert Park advertised a Request for
Proposals (RFP) for design of the Water Tank and Well Seismic Retrofit Project No. 2020-17;
and
WHEREAS, two proposals were received by November 10, 2023; and
WHEREAS, staff formed a review committee and recommends Sandis, Inc. for the
project for a total fee of$592,776.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve as follows:
1. The City Manager is hereby authorized to accept the $290.190.75 Hazard
Mitigation Grant Program funds for the Water Tank and Well Seismic Retrofit
project, operated by CalOES, as shown in Exhibit A.
2. The City Manager is hereby authorized to execute the Consultant Services
Agreement with Sandis, Inc. for$592,776 for design and consultant service work
for the Water Tank and Well Seismic Retrofit Project, as shown in Exhibit B
3. This resolution shall become effective immediately.
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 12th day of March, 2024.
CITY 0 OHNERT PARK
ATTEST: Susan H. Adams, May r
Sylvia Lopez Cuevas, City Clerk
•
RO1C'ED'�S T FjORM: -==-
_____73
kt
v1ic1 elle M. Kenyon, City Attorney
Attachments: Exhibit A and B
ELWARD RODRIGUEZ SANBOR GIUDICEsQ L ` ADAMS: Q
A ES: ( -) NOES: ( ) ABSENT: ( ) ABSTAIN: ( as
Resolution 2024-018
Page 2 of 2
U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
November 4, 2022
Mark S. Ghilarducci, Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP DR-4569-210-011R
City of Rohnert Park, California
City of Rohnert Park Water Tank System Seismic Retrofit, Phase 1
FIPS Code: 097-62546, Supplement 17
Dear Mark Ghilarducci:
We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Rohnert
Park, HMGP DR-4569-210-011R, City of Rohnert Park Water Tank System Seismic Retrofit.
The total project cost for Phase One is $386,921. As shown in the enclosed Obligation Report –
Supplement 17, we are obligating $290,190.75 for the 75 percent Federal share; the 25 percent
non-Federal share is $96,730.25. These funds are available in SmartLink for immediate and
eligible disbursements. The following is a summary of the approved funding:
Total Project Cost: Federal Share (75%): Non-Federal Share (25%):
$386,921 $290,190.75 $96,730.25
This HMGP project approval and obligation of funds are subject to the following conditions:
1. Scope of Work (SOW) – The City of Rohnert Park will seismically retrofit 7 of the
City’s 8 water tanks, as well as 6 well sites. A total of 13 city structures, as identified
in the project inventory, will be updated. The inadequate foundations for tanks 1 and 2,
as identified by a Seismic Evaluation, will be replaced as well as set up generator
connections, automatic transfer switches (ATS), and associated electrical upgrades
needed to power the 7 water tanks with booster pumps through generator connections.
The following Phase 1 activities and deliverables are expected:
Phase 1 Activity Estimated Timeline
60% Design & Permitting 10 Months
CEQA 3 Months
2. Project Completion Date – The work schedule included with the project application
indicates that the project will take 17 months to complete. Please inform the sub-recipient
that work completed after this date is not eligible for federal funding, and that federal
Oakland, California 94607
Mark Ghilarducci
November 4, 2022
Page 2 of 2
funds may be de-obligated for work completed outside the completion date when there is
no approved time extension
3. Project Closeout – Within 120 days of project completion, all project funds must be
liquidated and final closeout documentation for the project must be submitted to FEMA.
Please note the project must comply with Code of Federal Regulations Title 2, Part 200
reporting requirements at the time of closeout.
4. Record of Environmental Considerations (REC) – This project has been determined
to be Categorically Excluded from the need to prepare either an Environmental Impact
Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1
and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01,
Revision 1. Categorical Exclusions A4 (information gathering, data analysis and
processing, information dissemination, review, interpretation, and development of
documents) and A7 (the commitment of resources, personnel, and funding to conduct
audits, surveys, and data collection of a minimally intrusive nature) have been applied.
Particular attention should be given to the project conditions before and during project
implementation. Failure to comply with these conditions may jeopardize federal
assistance, including funding.
5. Standard Conditions – This project approval is subject to the enclosed Standard
Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that
federal funds may be de-obligated for work that does not comply with these conditions.
If you have any questions or need further assistance please contact Jocelyn Madison-Kelly,
Grants Management Specialist, by email jocelyn.madisonkelly@fema.dhs.gov, or phone (202)
717- 0135.
for
Sincerely,
Kathryn Lipiecki
Digitally signed by ROBERT P
MCCORD
Date: 2022.11.04 13:24:46 -07'00'
Director, Mitigation Division
FEMA Region 9
Enclosures (3):
Obligation Report - Supplement 17
Project Management Report
Record of Environmental Clearance (REC)
Standard Mitigation Grant (HMGP) Conditions
cc:
Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of
Emergency Services
Jacy Hyde Ph.D., Branch Chief, California Governor’s Office of Emergency Services
Jared Peri, Hazard Mitigation Grants Specialist, California Governor’s Office of
Emergency Services
9/30/2022
11:13 AM
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
HMGP-OB-01
Page 1 of 1
- 11 R
Obligation
Disaster
No
FEMA
Project No
Amendment
No
State
Application ID
Action
No
Supplemental
No
State Recipient
4569 0 210 1 17 CA Statewide
Subrecipient: Rohnert Park
Subrecipient FIPS Code: 097-62546
Project Title : City of Rohnert Park Water Tank System Seismic Retrofit
Total Amount
Previously Allocated
$290,190.75
Total Amount
Previously Obligated
$290,190.75
Total Amount
Pending Obligation
$0.00
Total Amount Available
for New Obligation
$0.00
Project Amount Subrecipient Management
Cost Amount
Total Obligation IFMIS Date IFMIS Status FY
09/21/2022 Accept 2022
Comments
Date: 09/21/2022 User Id: SSCOTT39
Comment: Approved funding for 4569-210-11R-Sonoma County-City of Rohnert Park Water Tank System Seismic Retrofit-$290,190.75
Authorization
Preparer Name:
STEVEN SCOTT
Preparation Date: 09/21/2022
HMO Authorization Name: THOMAS BERRY HMO Authorization Date: 09/21/2022
$290,190.75 $0.00 $290,190.75
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
09/30/2022
11:17 AM
HMGP-AP-01
Page 1 of 1
Project Management Report
Disaster
Number
FEMA
Project Number
Amendment
Number App ID State Recipient
4569
Subrecipient:
11 - R
Rohnert Park
0 210 CA Statewide
FIPS Code: 097-62546 Project Title : City of Rohnert Park Water Tank System Seismic Retrofit
Mitigation Project Description
Amendment Status : Approved Approval Status: Approved
Project Title :
Recipient :
City of Rohnert Park Water Tank System Seismic Retrofit
Statewide
Subrecipient :
Rohnert Park
Recipient County Name :
Recipient County Code :
Recipient Place Name :
Recipient Place Code :
Project Closeout Date :
Sonoma
97
Rohnert Park
0
00/00/0000
Subrecipient County Name :
Subrecipient County Code :
Subrecipient Place Name :
Subrecipient Place Code :
Sonoma
97
Rohnert Park
62546
Work Schedule Status
Amend #
Description
Time Frame Due Date Revised Date Completion Date
0 Phase 1: Design and Concurrent Permitting 10M 00/00/0000 00/00/0000 00/00/0000
0 Phase 1: California Environmental Qualiry Act (CEQA 3M 00/00/0000 00/00/0000 00/00/0000
0 Phase 1: NEPA Review 6M 00/00/0000 00/00/0000 00/00/0000
0 Phase 2: Construction Management RFQ 3M 00/00/0000 00/00/0000 00/00/0000
0 Phase 2: Construction Bidding & Award 3M 00/00/0000 00/00/0000 00/00/0000
0 Phase 2: Construction 9M 00/00/0000 00/00/0000 00/00/0000
0 Phase 2: Project & Grant Closeout 6M 00/00/0000 00/00/0000 00/00/0000
Approved Amounts
Total Approved
Net Eligible
Federal
Share Percent
Total Approved
Federal Share Amount
Non-Federal
Share Percent
Total Approved
Non-Fed Share Amount
Allocations
Allocation
Number
IFMIS
Status
IFMIS
Date Submission
Date
ES/DFSC
FY Support Req
ES/DFSC
Amend Nr
Proj Alloc Amount
Fed Share
Subrecipient
Management Cost
Total
Alloc Amount
10 A 09/21/2022 09/20/2022 2022 7829388 0
Total
Obligations
Action IFMIS
IFMIS
Submission
SFS
SFS
Suppl
Project Obligated
Subrecipient
Total Obligated
Nr Status Date Date FY Support Amend Nr Amt - Fed Share Management Cost Amount
$386,921.00 75.000000000 $290,190.75 25.00000000 $96,730.25
$318,190.75 $0.00
$318,190.75 $0.00 $290,190.75
$290,190.75
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
09/30/2022
11:17 AM
HMGP-AP-01
Page 1 of 1
2 1 A 09/21/202 09/21/2022 2022 7830203 0 17
Total $290,190.75 $0.00 $290,190.75
$290,190.75 $0.00 $290,190.75
09/19/2022 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01
04:42:19
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP-4569-0011-CA (4569-210-011) (1)
Title: City of Rohnert Park Water Tank System Seismic Retrofit
NOTE: All times are GMT using a 24-hour clock. Page 1 of 5
NEPA DETERMINATION
Non Compliant Flag: No EA Draft Date: EA Final Date:
EA Public Notice Date: EA Fonsi
EIS Notice of Intent EIS ROD Date:
Level: CATEX
Comment The project would involve the seismic retrofit or replacement of two potable water tank foundations
(Tanks 1 and 2) with larger, deeper foundations and the tanks would be secured to newly drilled
foundation piers with structural anchor bolts. A generator connection to the electrical panel that runs the
booster pump, automatic transfer switch (ATS), and electrical infrastructure also would be installed at
seven tanks (Tanks 1-7) to provide emergency backup power. Hard water and electrical connections
would be replaced at Tanks 1-7 with flexible connections. The project would also add a generator
connection for each of six well pumps (Wells, 7, 11, 13, 16, 27, and 39), an ATS, a properly anchored
variable frequency drive to replace existing pneumatic tanks, and new control panels for regular and
emergency operation along with other electrical modifications necessary to complete upgrades. Phase 1
of the project would include up to eight geotechnical bores at Tank 1 (38.33037, -122.69567) and Tank
2 (38.33037, -122.69567) in previously graded, disturbed areas in downtown Rohnert Park. No
additional ground disturbance or structural activities are permitted during Phase 1 without prior notice to
FEMA. This review does not cover construction actions, which would be conducted during Phase 2 and
will require separate review.
This project has been determined to be Categorically Excluded from the need to prepare either an
Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction
108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision
1. Categorical Exclusions A4 (information gathering, data analysis and processing, information
dissemination, review, interpretation, and development of documents) and A7 (the commitment of
resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally
intrusive nature) have been applied . Particular attention should be given to the project conditions before
and during project implementation. Failure to comply with these conditions may jeopardize federal
assistance including funding. - lholm2 - 09/09/2022 01:21:40 GMT
Note correction in coordinates as follows: Tank 1 (38.331366,-122.696067) and Tank 2( 38.341343, -
122.697620); original coordinates (38.33037, -122.69567) provided by Subapplicant for Tank 1 nearest
cross-street. - lholm2 - 09/19/2022 02:02:07 GMT
CATEX CATEGORIES
Catex Category Code Description Selected
a4 (a4) Information gathering, data analysis and processing, information
dissemination, review, interpretation, and development of documents. If any of
these activities result in proposals for further action, those proposals must be
covered by an appropriate CATEX. Examples include but are not limited to: (a)
Document mailings, publication and distribution, training and information
programs, historical and cultural demonstrations, and public affairs actions. (b)
Studies, reports, proposals, analyses, literature reviews; computer modeling;
and non-intrusive intelligence gathering activities.
Yes
a7 (a7) The commitment of resources, personnel, and funding to conduct audits,
surveys, and data collection of a minimally intrusive nature. If any of these
commitments result in proposals for further action, those proposals must be
covered by an appropriate CATEX. Examples include, but are not limited to: (a)
Activities designed to support the improvement or upgrade management of
natural resources, such as surveys for threatened and endangered species,
wildlife and wildlife habitat, historic properties, and archeological sites; wetland
delineations; timber stand examination; minimal water, air, waste, material and
soil sampling; audits, photography, and interpretation. (b) Minimally-intrusive
geological, geophysical, and geo-technical activities, including mapping and
engineering surveys. (c) Conducting Facility Audits, Environmental Site
Assessments and Environmental Baseline Surveys, and (d) Vulnerability, risk,
and structural integrity assessments of infrastructure.
Yes
09/19/2022 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01
04:42:19
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP-4569-0011-CA (4569-210-011) (1)
Title: City of Rohnert Park Water Tank System Seismic Retrofit
NOTE: All times are GMT using a 24-hour clock. Page 2 of 5
EXTRAORDINARY
Extraordinary Circumstance Code Description Selected ?
No Extraordinary Circumstances were selected
ENVIRONMENTAL LAW / EXECUTIVE ORDER
Environmental Law/
Executive Order
Clean Air Act (CAA)
Status
Completed
Description Comment
Project is located in a non-attainment area The project is located in Sonoma County. The
county is within a non-attainment area for 8 hr
Ozone (2008, 2015) and PM-2.5 (2006)
according to the U.S. Environmental Protection
Agency (USEPA):
https://www3.epa.gov/airquality/greenbook/anay
o_ca.html updated, August 31, 2022 . Based on
the scope of work, the potential emissions from
project activities are clearly below de minimis
thresholds for the General Conformity rule. Thus,
the project is exempt from a conformity
determination. - lholm2 - 09/09/2022 01:01:06
GMT
Completed Coordination required with applicable state
administering agency - Review concluded
Coastal Barrier Resources Act
(CBRA)
Completed Project is not on or connected to CBRA Unit
or otherwise protected area - Review
concluded
Clean Water Act (CWA) Completed Project would not affect any water of the U.S.
- Review concluded
Coastal Zone Management Act
(CZMA)
Completed Project is not located in a coastal zone area
and does not affect a coastal zone area -
Review concluded
Executive Order 11988 - Completed No effect on floodplain/flood levels and Per Flood Rate Insurance Map (FIRM) panel
Floodplains project outside floodplain - Review concluded 06097C0879E, dated December 2, 2008, the
project is located outside the Special Flood
Hazard Area and the project is outside the
floodplain. See attached maps. - lholm2 -
09/19/2022 01:36:33 GMT
Executive Order 11990 -
Wetlands
Completed No effects on wetlands and project outside
wetlands - Review concluded
Per the U.S. Fish and Wildlife Service Wetland
Mapper viewed on September 5, 2022, the
project is located outside of wetlands and not
likely to result in any potential direct impacts that
will adversely affect wetlands. See attached
maps. -
09/19/2022 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01
04:42:19
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP-4569-0011-CA (4569-210-011) (1)
Title: City of Rohnert Park Water Tank System Seismic Retrofit
NOTE: All times are GMT using a 24-hour clock. Page 3 of 5
Environmental Law/
Executive Order
Status
Description Comment
lholm2 - 09/19/2022 01:36:56 GMTPer the U.S.
Fish and Wildlife Service Wetland Mapper
viewed on September 5, 2022, the project is
located outside of wetlands and not likely to
result in any potential direct impacts that will
adversely affect wetlands. See attached maps. -
lholm2 - 09/19/2022 01:41:03 GMTPer the U.S.
Fish and Wildlife Service Wetland Mapper
viewed on September 5, 2022, the project is
located outside of wetlands and not likely to
result in any potential direct impacts that will
adversely affect wetlands. See attached maps. -
lholm2 - 09/19/2022 01:42:10 GMT
Executive Order 12898 -
Environmental Justice for Low
Income and Minority Populations
Completed Low income or minority population in or near
project area
According to the Environmental Protection
Agency's Environmental Justice Screening and
Mapping Tool (Version 2020), there are minority
(40-48%) and low-income (29-31%) populations
within 1 mile of the Tank 1 and Tank 2 project
areas. This project would not result in
disproportionately high and adverse impacts on
low income or minority populations. - lholm2 -
09/09/2022 01:04:27 GMT
Completed No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Endangered Species Act (ESA) Completed Listed species and/or designated critical
habitat present in areas affected directly or
indirectly by the federal action
The proposed action is to provide funding to the
subrecipient for design development and
geotechnical boring. These actions would result
in no impacts to endangered species.
Endangered Species Act (ESA) review will need
to be completed prior to implementing any
subsequent phases of the project. The proposed
Phase 1 scope of work will not destroy or
adversely modify suitable habitat and will not
affect any other listed or proposed species under
the jurisdiction of the U.S. Fish and Wildlife
Service (USFWS). It is therefore determined the
proposed action would have "No Effect" on listed
species and consultation with the USFWS under
Section 7 of the ESA is not required. See
attached No Effect Determination. - lholm2 -
09/09/2022 00:59:54 GMT
Completed No effect to species or designated critical
habitat (See comments for justification) -
Review concluded
Farmland Protection Policy Act
(FPPA)
Completed Project does not affect designated prime or
unique farmland - Review concluded
09/19/2022 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01
04:42:19
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP-4569-0011-CA (4569-210-011) (1)
Title: City of Rohnert Park Water Tank System Seismic Retrofit
NOTE: All times are GMT using a 24-hour clock. Page 4 of 5
Environmental Law/
Executive Order
Fish and Wildlife Coordination
Act (FWCA)
Status
Completed
Description Comment
Project does not affect, control, or modify a
waterway/body of water - Review concluded
Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone The project is in the Flyway, however, based on
the project scope of work there is likely no
potential for take of migratory birds. - lholm2 -
09/09/2022 01:01:42 GMT
Completed Project does not have potential to take
migratory birds - Review concluded
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Completed Project not located in or near Essential Fish
Habitat - Review concluded
National Historic Preservation Act
(NHPA)
Completed Applicable executed Programmatic
Agreement. Activity meets Programmatic
Allowance (enter date and # in comments) -
Review concluded
The Phase I Undertaking was reviewed by Lisa
Holm, who meets the applicable Secretary of the
Interior Professional Qualifications Standards in
accordance with Stipulation I.B.1.a. of the
Programmatic Agreement among the Federal
Emergency Management Agency (FEMA), State
Historic Preservation Office (SHPO) and
California Office of Emergency Services (Cal
OES) signed October 30, 2019. The Undertaking
complies with Second Tier Programmatic
Allowance II.A.5.b (geotechnical coring within
previously disturbed soils) (Appendix B) of the
Agreement. Thus, the Undertaking does not
require SHPO review or notification per
Stipulation II.A.1 of the Agreement. - lholm2 -
09/09/2022 00:57:07 GMT
Wild and Scenic Rivers Act
(WSR)
Completed Project is not along and does not affect Wild
and Scenic River - Review concluded
CONDITIONS
Standard Conditions:
Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all
federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may
jeopardize federal funding.
09/19/2022 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01
04:42:19
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP-4569-0011-CA (4569-210-011) (1)
Title: City of Rohnert Park Water Tank System Seismic Retrofit
NOTE: All times are GMT using a 24-hour clock. Page 5 of 5
If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological
resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
1
Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal
Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):
1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must
comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they
are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are
required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard
Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal
Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.
2. Financial Management Systems. The Recipient and Subrecipient must maintain financial
management systems to account for and track funds, as referenced in 2 CFR 200.302.
3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope
of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.
4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However,
if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized
Representative (GAR) of overruns before implementation. The GAR shall submit a written request
for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements,
including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.
5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.
6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.
7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding
$5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.
8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.
9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit
quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.
10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to
expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.
11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or
subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative
Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of
the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or
subaward outlined in 2 CFR 200.339.
12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the
approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.
2
13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in
accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.
14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement
debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR
180. These regulations restrict federal financial assistance awards, subawards, and contracts with
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the
federal assistance programs or activities.
15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA-
approved rates must be approved under State guidelines issued by the State Comptroller's Office or
must be certified by the Recipient to include only those costs attributable to equipment usage less any
fixed overhead and/or profit.
16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406
and HMGP Section 404 are permitted on the same facility/location, but the activities identified under
each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the
funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.
17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic
property or cultural resource is discovered during construction, the Subrecipient must cease work in
the area and take all reasonable measures to avoid or minimize harm to the discovered
property/resource. During construction, the Subrecipient will monitor ground disturbance activity,
and if any potential archeological resources are discovered, will immediately cease work in that area,
and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written
approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer
(SHPO).
18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental
Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be
re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA
approval, may be ineligible for funding. Acceptance of federal funding requires environmental
permits and clearances in compliance with all appropriate federal, state and local laws, and failure to
comply may jeopardize funding.
Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent
with other essential policies, to create and maintain productive harmony for people and nature, and
fulfill the social, economic, and other needs of present and future generations of Americans.
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CONSULTANT SERVICES AGREEMENT
RE: WATER TANK AND WELL SYSTEM SEISMIC RETROFIT DESIGN
PROJECT NO. 2020-17
This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as
of the _______ day of _______, 2024, by and between the City of Rohnert Park (“City”), a
California municipal corporation, and SANDIS, Inc. (“Consultant”), a California corporation,
with reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain engineering design services for the Water Tanks and
Wells Seismic Retrofit Project No. 2020-17; and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3, subject to the terms and conditions of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1.Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2.Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A.City. The City Manager or his/her designee shall represent City
for all purposes under this Agreement, except where approval for the City is specifically required
by the City Council. The CIP Project Manager, Amanda Bunte, is hereby designated as the
project manager (“Project Manager”). The Project Manager shall supervise the progress and
execution of this Agreement.
B.Consultant. Consultant shall assign Tom Frisher to have overall
responsibility for the progress and execution of this Agreement for Consultant.
3.Scope and Performance of Services
A.Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by reference.
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B. Time of Performance. Consultant’s services are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. Consultant’s services are to be completed not later than
December 31, 2024. Consultant shall perform its services in accordance with the schedule
attached hereto as Exhibit A. Any changes to these dates in either this Section 3 or Exhibit A
must be approved in writing by the City.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed: (1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; (2) in accordance with all applicable
legal requirements; and (3) with the standard of quality ordinarily expected of competent
professionals in Consultant’s field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fails
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit B, and incorporated herein by reference. However, notwithstanding
the foregoing, Consultant shall be required to complete all work identified in Exhibit A in an
amount not to exceed the total cost identified in Exhibit B, and in no event shall the amount City
pays Consultant exceed five-hundred ninety-two thousand, seven-hundred and seventy-six
Dollars ($592,776). The City’s payment 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) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation demonstrating work performed
during the billing period and shall conform to Federal Funding invoicing requirements, if
applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty
(30) days after City’s approval of the invoice.
(2) Payments due and payable to Consultant 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 Consultant services beyond the current fiscal year, this Agreement shall cover only those costs
incurred up to the conclusion of the current fiscal year; payment for additional work is
conditional upon future City appropriation.
C. Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior
written amendment to this Agreement. City shall have the right to amend the Scope of Work
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within the Agreement by written notification to Consultant. In such event, the compensation and
time of performance shall be subject to renegotiation upon written demand of either party to the
Agreement. Consultant shall not commence any work exceeding the Scope of Work without
prior written authorization from the City. Failure of Consultant to secure City’s written
authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it
be in the form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City’s request if
litigation is brought against City in connection with Consultant’s work product. Unless the
action is brought by Consultant or is based upon Consultant’s negligence, City will compensate
Consultant for the preparation and the testimony at Consultant’s standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. This Agreement shall commence upon its execution by both parties and
shall continue in full force and effect until completed, amended pursuant to Section 19, or
otherwise terminated as provided herein.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager’s inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by Consultant under the Agreement shall be vested in City, none of which
shall be used in any manner whatsoever by any person, firm, corporation, or agency without the
expressed written consent of the City. Consultant shall assume no responsibility for the
unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. Basic survey notes and sketches, charts, computations,
and other data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. Consultant may retain copies of the above-
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described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest Requirements.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant’s services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will not have the power to make any governmental decision,
including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of
the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke
any permit, license, application, certificate, order, or any similar authorization or entitlement;
authorize, modify, or renew any form of City contract; grant approval to any City contract
specifications on behalf of the City; or grant City approval for any plans, designs, reports, or
similar; and
(2) will not participate in the making of any governmental decision in
the equivalent of a staff capacity. For the purposes of this provision, “participating in a
governmental decision” includes providing information, an opinion, or a recommendation
directly to any person at the City empowered to make a decision on behalf of the City without
significant intervening substantive review; and
(3) will not perform the same duties for the City that would otherwise
be performed by a staff member required to report under the City’s conflict of interest code.
(2 Cal. Code Regs. § 18700.3.)
10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by
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law, the City shall have no liability or responsibility for any accident, loss, or damage to any
work performed under this Agreement whether prior to its completion or acceptance or
otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law, Consultant shall,
at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City)
and hold harmless City and any and all of its officers, officials, employees, agents and volunteers
(“Indemnified Parties”) from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and
expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which
arise out of, pertain to, or relate to the performance or failure to comply with this Agreement,
regardless of any fault or alleged fault of the Indemnified Parties.
1. For design professionals (as that term is defined by statute) acting
within the scope of their professional capacity, to the fullest extent permitted by law, Consultant
shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the
City) and hold harmless any Indemnified Parties from and against any and all Liability, whether
actual, alleged or threatened, which arise out of, pertain to, or relate to Consultant’s negligence,
recklessness, or willful misconduct, or as may be provided by statute in Civil Code § 2782.8, as
may be amended from time to time.
2. The only exception to Consultant’s responsibility to indemnify,
protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active
negligence or willful misconduct of City or its elective or appointive boards, officers, agents and
employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and
hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel
reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
Agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
all rights to express or implied indemnity against the Indemnified Parties concerning any
Liability of Consultant arising out of or in connection with the Agreement or Consultant’s failure
to comply with any of the terms of this Agreement.
C. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this
Section 11 shall not be excused because of Consultant’s inability to evaluate Liability, or
because Consultant evaluates Liability and determines that Consultant is not or may not be
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liable. Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If Consultant fails to timely accept such tender, in addition to any other remedies authorized by
law, as much of the money due or that may become due to Consultant under this Agreement as
shall reasonably be considered necessary by the City may be retained by the City until
disposition has been made of the matter subject to tender, or until Consultant accepts the tender,
whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited
to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters
prior to Consultant’s acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City and shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. As
an independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it
may have to any such rights. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant’s failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers’ Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant’s subcontractors (if any)
shall, to the extent required by the California Labor Code, pay not less than the latest prevailing
wage rates to workers and professionals as determined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City’s office of the City Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
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E. Business Licenses. Unless exempt by law, Consultant and all
subcontractors shall have acquired, at Consultant’s expense, a business license from the 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) shall be kept valid throughout the
term of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by City or as required by law.
15. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City’s prior written consent, which shall be in the
City’s sole discretion. Any assignment without such approval shall be void and, at the City’s
option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
16. Insurance. Without limiting Consultant’s indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon five (5) days’ written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violates any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
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satisfactorily rendered by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of Consultant’s breach of the Agreement.
C. In the event City terminates this Agreement without cause, Consultant
shall be entitled to any compensation owed to it up to the time of such termination, it being
understood that any payments are full compensation for services rendered prior to the time of
payment.
D. Upon termination of this Agreement with or without cause, Consultant
shall turn over to the City Manager immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared by Consultant or its
subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Consultant,
however, shall not be liable for City’s use of incomplete materials nor for the City’s use of
complete documents if used for other than the project contemplated by this Agreement.
18. Suspension. City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of Consultant to perform any provision of this
Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
20. 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.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
22. Time Is of the Essence. Time is of the essence in this Agreement. Upon receipt
of a written notice from City to proceed with work required by this Agreement, Consultant shall
immediately commence work to perform the services required in accordance with the schedule
of work. In the event that the Agreement does not include a fixed schedule for completion of
work, Consultant shall diligently prosecute all work until completion.
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23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first-class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party in writing of the change of address. Notice
shall be deemed communicated within seventy-two (72) hours from the time of mailing if mailed
as provided in this section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: SANDIS, Inc.
636 9th Street
Oakland, CA 94607
24. Consultant’s Books and Records.
A. Consultant 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 and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement 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 Consultant’s address indicated for receipt of notices in this
Agreement.
C. City may, by written request by any of the above-named officers, require
that custody of the records be given to the City and that the records and documents be
maintained in the City Manager’s office.
25. Agreement Is Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
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during such employment without regard to race, religion, 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. Consultant further agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Parties. The City shall not be obligated to or liable
for payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against City arising from this Agreement, Consultant shall comply with the claims-presentation
requirements under the Government Tort Claims Act, California Government Code Sections
900, et seq. and the Rohnert Park Municipal Code.
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. 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
32. 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. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
The parties hereby expressly agree to the use of electronic signatures, which shall be deemed to
have the same effect as an original signature.
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33. News Releases/Interviews. All Consultant and subcontractor news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
CITY OF ROHNERT PARK SANDIS, INC.
By: __________________________________
Marcela Piedra, City Manager
By: Jeff Setera, PE
Title: President_____________
Date:__________________________________ Date:
Per Resolution No. 2024-___ adopted by the
Rohnert Park City Council at its meeting of March
____, 2024
SANDIS, INC
By: Tony Brubaker
Title: CFO & Associate Principal
Date:_____________________ ___
ATTEST:
By: __________________________________
City Clerk
APPROVED AS TO FORM:
By: __________________________________
City Attorney
Agreement signed by Consultant on File with Clerk's Office
Exhibit A
OAK #4858-0652-4811 (Rev. 10/23)
EXHIBIT A
Scope of Work and Schedule of Performance
[to be inserted]
SCOPE OF SERVICES
A. PROJECT ASSESSMENT
As part of the initial Project Assessment, The Sandis Team (Sandis) will perform the following tasks:
1. Visit all Project groundwater well and tank sites to become familiar with the Project.
2. Review existing available record drawings of the facilities and assess the current condition of the well and tank sites as it
applies to Current Seismic Building Code requirements. This will include confirmation of accuracy of record drawings wherever
feasible.
3. Review all attachments included in the RFP.
4. Review plans and supporting documents previously prepared by Brelje and Race Consulting Engineers (BRCE). Sandis will
reuse as much of the existing design as feasible to generate overall Project design documents.
5. Review the following existing assessment reports as a basis to finalize the design:
A. Well Assessment Technical Memo by BRCE dated 7-7-2022 (RFP Attachment B).
B. Preliminary Seismic Evaluation Report by ZFA Structural Engineers dated 12-3-2020 for Water Tanks No.1 and No.2
(RFP Attachment C).
6. Review any additional existing project files provided to the consultant by the City.
7. Meet with City staff in person to discuss project details and discuss findings of Project Assessment.
B. DESIGN
Following the completion of the Project Assessment phase, Sandis will begin the Design Phase for the Project. This will include
the following:
1. Prior to starting design, Sandis will prepare an engineering technical memorandum addressed to City Staff, for review and
approval, summarizing the proposed design for this project. Sandis will engage City staff to answer any questions and feedback
required to finalize the engineering technical memorandum.
2. Prepare existing conditions survey for each Project site. This will include the following items:
A. Sandis will request utility as-builts from the City and all other utility providers in Project areas and include
information on Project surveys.
B. Collect topographic survey data at each of the well and tank sites.
C. Perform mechanical utility locating at each of the well and tank sites.
D. Perform potholing at sites as determined necessary to verify existing conditions. Our fee includes a $50,000
allowance for potholing.
E. Produce a topographic survey for each site at a scale of 1” = 20’. This survey will show the location of existing trees,
structures, walkways, fences, adjacent roadways, and utility information within the project areas.
3. Prepare a Geotechnical Study for the project sites to be used during the Design phase.
This study will include the following:
A. Review available geologic and geotechnical data.
B. Perform field investigation. Subsurface exploration will be performed using soil borings and cone penetration testing
(CPT). This effort will be focused at the Tank 1 and 2 sites, given the most significant structural improvements will be at
these sites.
C. Perform laboratory testing on soil samples.
D. Prepare a geotechnical report summarizing the results of the data review and field investigation. Provide
recommendations to be used during design.
4. Prepare construction documents including full size drawings, technical specifications, engineer’s construction cost
estimate, and estimated construction time schedule.
The Project plan set will include the following sheets:
A. Cover Sheet and Typical Notes
B. Demolition Plans
C. Site Piping & Paving Improvements Plans
D. Site Function & Process Diagram
E. Erosion and Sediment Control Plans
F. Horizontal Control and Layout Plans
G. Construction Details
H. Electrical Plans and Diagrams
I. Structural Plans and Details
Submittal will include:
A. 60% PS&E and Construction Schedule
B. 100% PS&E and Construction Schedule
5. Lead and attend two (2) working meetings with Public Works staff to review design documents and discuss the Project.
6. Update Project Schedule. Schedule will meet Cal-OES project required deadlines, as detailed in Attachment D of the project
RFP.
7. Update Bid Schedule. Schedule will match the grant application for grant-funded items.
C. BUILDING PERMIT SUBMITTALS
Following the completion of Design Development and PS&E submittals to Public Works, Sandis will perform the following
services related to Building Permits:
1. Prepare, generate and submit all documents and six (6) hard copies to the Building Department, as required by the Building
Permit Application. Sandis will coordinate with Public Works staff and keep them informed on progress.
2. Include all required/requested Building Department information on the Drawings as noted in the Building Permit Application
and any other applicable checklists.
3. Make document and drawings revisions and resubmittals as required by the Building Permit plan check process in order to
obtain City Building Permit for Construction. We assume revisions at this stage will be minor and not significantly modify or
expand on the Project Design.
Exhibit B
OAK #4858-0652-4811 (Rev. 10/23)
EXHIBIT B
Compensation
[to be inserted]
Sandis
PIC/QAQC
Sandis
Engineering
PM
Sandis
Project
Engineer
Sandis
Design
Engineer
Sandis
CAD Tech
Sandis
Survey PM
Sandis
Proj Surveyor
Sandis
Survey Crew
Sandis
UL Manager
Sandis
Util Locator
Miller Pacfic
Principal
Miller Pacfic
Project
Manager
Miller Pacfic
Project
Engineer
ATEEM
Principal
ATEEM
Project
Manager
ATEEM
Engineer
Rinne &
Peterson
Principal
Rinne &
Peterson
Project
Manager
Rinne &
Peterson
Project
Engineer
Rinne &
Peterson CAD
Technician
Fee /
Allowance
2023 Hourly Charge Rate*$300 $250 $170 $130 $125 $215 $145 $350 $150 $175 $290 $220 $200 $240 $230 $130 $280 $200 $163 $125 $1
A. Project Assessment 228 $48,330
1. Site Visit 6 13 26 24 6 26 26 127 $26,710
2. Review record drawings 3 6 12 2 26 49 $9,090
3. Review RFP and Attachments 4 4 6 14 $3,360
4. Meet with City Staff 3 3 16 8 8 38 $9,170
B. Design 2427 $487,146
1. Prepare Engineering Technical Memo 2 12 24 48 16 2 10 12 12 6 4 8 400 156 $27,760
2. Perform Site Surveys and Investigations 4 12 196 24 24 104 26 104 2 8 50 24 20 30 30 64000 658 $191,190
3. Prepare 60% PS&E 8 40 100 250 80 1 6 10 100 60 24 65 97 72 913 $150,841
4. Prepare 100% PS&E 6 28 70 180 60 1 4 7 80 30 24 65 80 65 700 $117,355
C. Building Permits and Construction Documents 356 $57,300
1. Submit PS&E and applicable docs for Building Permit(s)2 4 8 20 34 $5,560
2. Address and respond to agency comments 2 16 40 80 16 16 8 2 5 10 18 213 $33,960
3. Resubmit plans for agency approvals 1 8 20 40 8 12 4 8 8 109 $17,780
Totals 28 136 285 656 376 24 24 104 26 104 6 28 79 24 266 128 96 241 217 163 64400 3011 $592,776
D. (OPTIONAL) Project Bidding 248 $49,742
1. Assist with project bidding 4 8 16 2 2 2 5 39 $8,200
2. Attend pre-bid job walk 6 12 6 6 8 38 $9,200
3. Assist with technical questions/clarifications during bidding 6 20 12 4 8 2 6 6 64 $13,538
4. Assist with issuance of Addenda 2 4 12 4 2 1 8 8 8 49 $9,004
5. Prepare and Issue Conformed Set of Drawings 2 4 8 16 6 6 8 8 58 $9,800
E. (OPTIONAL) Consultant Services During Construction 1118 $197,749
1. Conduct/assist client with pre-construction meeting 3 6 6 6 6 27 $6,900
2. Assist with responses to all RFIs during construction 4 24 48 100 12 20 80 40 2 13 26 13 382 $67,283
3. Assist review and approval of project submittals 4 16 40 160 40 80 40 1 7 14 402 $69,962
4. Assist with construction change orders 4 12 8 16 6 6 52 $12,680
5. Assist with completion of punch list items 1 4 16 20 12 16 20 1 13 103 $18,660
6. Prepare Record drawings/final digital copies 1 4 6 13 26 6 8 24 4 8 52 152 $22,264
F. (OPTIONAL): Site Boundary Surveys $66,480
1. Prepare Boundary Survey for each Site 32 160 104 296 $66,480
Totals 0 0 0 0 0 32 184 208 26 104 6 28 79 24 266 128 96 241 217 163 64400 3307 $906,747
Notes:
1. Hours and staff assignments may be adjusted by the consultant as needed to implement the tasks described during the course of the project.check $2,171,376
ROHNERT PARK DESIGN OF WATER TANK AND WELL
SYSTEM SEISMIC RETROFIT PROJECT
Task Hours Total Task Fee
SANDIS / MILLER PACIFIC / ATEEM / RINNE & PETERSON
Exhibit C
OAK #4858-0652-4811 (Rev. 10/23)
EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering,
Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with
a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease. (Not required if consultant provides written verification it
has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to Consultant’s
profession, with a limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above,
the City requires and shall be entitled to the broader coverage and/or the higher limits maintained
by Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of Consultant including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85, or both
CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used).
Primary Coverage
For any claims related to this contract, Consultant’s insurance coverage shall be primary
insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the
Exhibit C
OAK #4858-0652-4811 (Rev. 10/23)
City, its officers, officials, employees, or volunteers shall be in excess of Consultant’s insurance
and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with
notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this
waiver of subrogation, but this provision applies regardless of whether the City has received a
waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require
Consultant to provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the
beginning of contract work;
2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract of work; and
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, Consultant must
purchase “extended reporting” coverage for a minimum of five (5) years after completion
of contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive Consultant’s obligation to
provide them. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
OAK #4858-0652-4811 (Rev. 10/23)
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the ______President____________________, and a duly
authorized representative of the firm of _________Sandis, Inc.________, whose address is
___________636 9th Street, Oakland, CA 94607_______, and that neither I nor the above firm I
here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ _Jeff Setera, PE_____________________________
Date Signature