Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, July 19, 2022 - 6:00 PM
Virtual
* COVID-19 NOTICE *
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
2. REPORT FROM CLOSED SESSIONS
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.
Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
3.1. Public Comments - Redacted 6 - 7
4. ADOPTION OF MEETING AGENDA
5. CITY MANAGER’S REPORT
6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6.1. Update on recent water conservation rates, public outreach efforts, and current drought conditions.
Recommended Action: Receive presentation.
Staff Report - Water Conservation Presentation - Pdf
City Council Water Conservation Presentation FINAL 7.19.22 8 - 28
6.2. Presentation by Pacific Gas and Electric Company
PG&E_Calistoga City Council Presentation
29 - 51
7. CONSENT CALENDAR
7.1. Approve the Minutes of the April 19, 2022 City Council Regular Meeting as submitted.
Recommended Action: Approve Minutes
Staff Report & Minutes
52 - 56
7.2. Consideration adopting a Resolution authorizing the City Manager to award a Master Agreement for Consultant Services to Bennett Engineering Services in an amount Not to Exceed $370,346, to provide engineering, environmental, and permitting services for the Riverside Ponds and Headworks Mitigation Project.
Recommended Action: Consider adopting Resolution.
Staff Report - Award a Consultant Services Agreement to complete design of the Riverside Ponds and Headworks Project - Pdf 57 - 111
7.3. Consider adopting a Resolution that authorizes the City Manager to execute a Purchase Order agreement with Herc to provide a portable 1000kW generator to provide temporary power for Rancho De Mobile Home Park during Public Safety Power Shutoff (PSPS) events.
Recommended Action: Consider adopting a Resolution
Staff Report - Rental of a temporary Generator for Rancho De Mobile Home Park - Pdf
112 - 118
7.4. Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.
Recommended Action: Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.
Staff Report - Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361) - Pdf 119 - 123
7.5. Consider adopting a Resolution authorizing the City Manager to execute an agreement for consultant services with Calistoga Tribune for publication of legal advertisements in an amount not to exceed $15,000 for Fiscal Year 2022-23.
Recommended Action: Consider Adopting Resolution
Staff Report - Agreement with Calistoga Tribune for Publication of Legal Advertisements for Fiscal Year 2022-23 - Pdf
124 - 173
7.6. Replacement of Radio Base Station to meet DOJ mandate to protect sensitive personally identifiable information.
Recommended Action: Adopt a resolution authorizing the City Manager to expend Police COPS grant funds to replace the police radio base station for an amount not to exceed $18,419.00.
Staff Report - Police Radio Base Station - Pdf
174 - 178
8. PUBLIC HEARING
8.1. Consideration of a Resolution authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District for Fiscal Year 2022-23.
Recommended Action: Conduct a public hearing and consider adoption of a resolution approving the assessment amount and authorizing the levying and collection of assessments for Fiscal Year 2022-23.
Staff Report - Consideration of a resolution authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District fo - Pdf
179 - 197
8.2. Consideration of a Resolution authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2022-23.
Recommended Action: Conduct a public hearing and consider adoption of a resolution approving the assessment amount and authorizing the levying and collection of assessments for Fiscal Year 2022-23.
Staff Report - Consideration of a Resolution authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance Distr - Pdf
198 - 211
9. GENERAL GOVERNMENT
9.1. Consider adopting a Resolution that authorizes the City Manager to execute a Consultant Services Agreement with Raftelis to provide professional services associated with a Water and Wastewater Rate Study in an amount not to exceed $155,000.
Recommended Action: Consider adopting resolution.
Staff Report - Award a Consultant Services Agreement with Raftelis to conduct a Water & Wastewater Rate Study - Pdf
212 - 298
9.2. Consider adopting a Resolution Rescinding Resolution 2021-075 and adopting City Council Civic Operating Agreements.
Recommended Action: Consider adopting Resolution
Staff Report - City Council Civic Operating Agreements - Pdf 299 - 321
9.3. Consider adopting a Resolution awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.
Recommended Action: Consider Adopting Resolution
Staff Report - Community Enrichment Grants for Fiscal Year 2022-23 - Pdf
322 - 327
9.4. Determine various criteria, safety measures, and other components related to in-person city council meetings
Staff Report - Location of City Council Meetings - Pdf
328
9.5. Consider adopting a Resolution Approving and Authorizing the City Manager to Execute a First Amendment to the 2015 Lease Disposition and Development Agreement Between the City of Calistoga and the Boys and Girls Clubs of St. Helena and Calistoga.
Recommended Action: Consider adopting Resolution.
Staff Report - First Amendment to the 2015 Lease Disposition and Development Agreement Between the City of Calistoga and the Boys and Girls Clubs of S - Pdf
329 - 344
9.6. Consider adopting a Resolution authorizing the City Manager to execute a new 3-year professional services agreement with the Calistoga Chamber of Commerce
Recommended Action: Consider adopting Resolution.
Staff Report - Agreement with Calistoga Chamber of Commerce for Destination Marketing and Promotional Services - Pdf
Item 9.6 Public Comments - Redacted
Item 9.6 Public Comments Set 2 - Redacted
Item 9.6 Public Comment Read During Mtg. - Redacted
Chamber Presentation
345 - 401
10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
11. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision 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 Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes
final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on July 12, 2022, by 4:45 p.m.
Marni Rittburg
From:
Sent
To:
Subject
Fred Ireland
Saturday, July 2, 2022 8:00 AM
Public Comment
Fire danger
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Has any maintenance been done on Mt Washington or will be done before Fire season ends which can last late in year if we get no rain by November or December I would volunteer to help in this matter If it is a matter of money I believe you could find volunteers to help like myself I live in Chateau Calistoga But am in good shape Thank you Sincerely Fred Ireland Sent from my iPhone
Sent from my iPhone
Item #3.1.
Marni Rittburg
From:
Sent:
To:
Subject:
DEBORAH TODD
Wednesday, June 22, 2022 12:36 AM
Marni Rittburg
save the builidng and the mural
Add.ition~ ·tin s Meeting of
ltemNo. Distributed . I 2. <--
CAOTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Please. The building at 1255.Lincoln. Thank you, Deborah Todd 1 Item #3.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitchell Egert, Water Conservation Technician
Meeting: City Council - Jul 19 2022
Subject: Water Conservation Presentation
DESCRIPTION:
Update on recent water conservation rates, public outreach efforts, and current drought conditions.
RECOMMENDATION:
Receive presentation.
BACKGROUND/SUMMARY:
Staff has prepared a presentation to inform the council and public of the status of the recent water conservation rates, public outreach efforts, and current drought conditions.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
Not applicable.
CEQA STATUS:
The presentation is exempt from CEQA.
FINANCIAL IMPACT:
None.
ATTACHMENT(S):
Water Conservation Presentation Attach 1
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Jul 07 2022 Gloria Leon, Administrative Services Director Approved - Jul 07 2022 Laura Snideman, City Manager Approved - Jul 08 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #6.1.
1 Water Conservation Update
City Council Meeting
Tuesday, July 19th, 2022
Mitchell Egert, Water Conservation Technician
Photo: DWR/saveourwater.com
Lake Oroville
ATTACHMENT 1Item #6.1.
U.S. Drought Monitor
January 25, 2022
2 March 29, 2022 June 28th, 2022
Item #6.1.
3 Kimball
Item #6.1.
Available
water
supplies:
4 Kimball: 145af
SWP: 506af
Return water (Napa): 600af
Item #6.1.
5 -11%
-5.7%
+ 7.5%
-1.24%
-5.68%
July 2021 –
June 2022
cumulative
savings rate
-11.24%
or 134.98 AF,
or 43 Feige
Tanks of
water saved!
-8.25%
Item #6.1.
6 Cumulative savings
per county
(July 2021 – April 2022)
Top water conserving CA
counties:
• Marin: -26.0%
• Sonoma: -17.9%
• Napa: -17.1%
Statewide cumulative
savings: -2.0%
Link to savings table
Item #6.1.
7 Item #6.1.
8 Yard signs promoting water
conservation outdoors
Current St. Helena and SF signs
Proposed City of Calistoga sign.
(Bilingual)
Item #6.1.
9 Item #6.1.
Thank you, Calistogans!
Please keep conserving.
Tips and resources:
• Conservecalistoga.org
• Saveourwater.com
Calistoga Public Works
Water Conservation Program
10 Item #6.1.
1 Water Conservation Update
City Council Meeting
Tuesday, July 19th, 2022
Mitchell Egert, Water Conservation Technician
Photo: DWR/saveourwater.com
Lake Oroville
ATTACHMENT 1Item #6.1.
U.S. Drought Monitor
January 25, 2022
2 March 29, 2022 July 12, 2022
Drought.gov
Item #6.1.
3 Kimball Kimball
Item #6.1.
Available
water
supplies:
4 Kimball: 140af
SWP: 506af
Return water (Napa): 600af
Item #6.1.
5 -11% -5.7%
+ 7.5%
-1.24% -5.68%
July 2021 –
June 2022
cumulative
savings rate
-11.24%
or 134.98 AF,
or 43 Feige
Tanks of
water saved!
-8.25%
Item #6.1.
6 Cumulative savings
per county
(July 2021 – April 2022)
Top water conserving CA
counties:
• Marin: -24.4%
• Sonoma: -17.8%
• Napa: -16.3%
Statewide cumulative
savings: -2.0%
Link to savings table
Item #6.1.
7 Item #6.1.
8 Yard signs promoting water
conservation outdoors
Current St. Helena and SF signs
Proposed City of Calistoga sign.
(Bilingual)
Item #6.1.
9 Item #6.1.
Thank you, Calistogans!
Please keep conserving.
Tips and resources:
• Conservecalistoga.org
• Saveourwater.com
Calistoga Public Works
Water Conservation Program
10 Item #6.1.
Calistoga City Council
July 19, 2022
Item #6.2.
Calistoga Distribution Microgrid
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 3 Distribution Microgrid Overview
To support our customers during a PSPS
we install and operate distribution
microgrids in the areas most likely to
experience a PSPS outage and with
appropriate grid configuration.
What is a distribution microgrid?
If safe to energize during a PSPS event, distribution
microgrids are designed to power communities’
central corridors (i.e., “Main Street”) to help:
Safely provide electricity to critical facilities and
shared community resources
Reduce the number of customers impacted by PSPS
How does a
distribution
microgrid work?
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 4 Calistoga Distribution Microgrid
Approximate distribution
microgrid service area
Temporary generator site
• Transformer
• Isolation device
• Space for temporary generation
The distribution microgrid in Calistoga can
energize the area shown during a PSPS.
Estimated Readiness: Q3 2022
Status: Constructed
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 5 What Can Customers Expect in Their Community?
AT THE START OF WILDFIRE SEASON
Staged temporary generators, used to energize the
microgrid, off of Washington Street near Tedeschi Field
DURING A PSPS OUTAGE
PG&E crews and vendors working on-site with
temporary generators.
Two brief temporary outages: one as the microgrid is
connected and one when the microgrid is
disconnected after the PSPS outage.
PSPS notifications including specific updates related to the microgrid.
Noise from temporary generators powering the
microgrid.
Item #6.2.
Enhanced Powerline Safety Settings
(EPSS)
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 7
SAFETY SETTINGS IN ACTION
In 2021, these settings prevented a potential
ignition when a tree branch fell into a powerline
and power quickly and automatically turned off.
Enhanced Powerline Safety Settings (EPSS)
A New Technology To Prevent Wildfires
How It Works
PG&E powerlines have equipment that allows them to
turn off power within one tenth of a second if a tree
branch or other object strikes the line.
Why We Do It
Quickly and automatically shutting off power when
there is a problem can help stop wildfires before they
have a chance to start.
Preventing Wildfires
~80% decrease in CPUC-reportable ignitions
in 2021 on EPSS-enabled circuits
compared to the prior 3-year average as of 12/31/21
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 8 What Are Enhanced Powerline Safety Settings?
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 9 Wildfire Prevention in the City of Calistoga
How Are We Reducing Impacts?
Providing more accurate notifications
Reducing the number of outages
Expanding customer resource eligibility
Adding partnerships with communitybased organizations Supporting customers through food
resource partnerships with Meals on
Wheels and local food banks
Enhanced Powerline Safety Settings in the City of Calistoga High Fire-Risk Area (HFRA) with EPSS-Capable Powerlines HFRA-Adjacent Area with EPSS-Capable Powerlines
LEGEND
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 10 What Customers Can Expect
When are outages most likely to occur?
How will customers be notified?
Through automated calls, texts or emails about when
to expect the power back.
Since outages happen automatically, we are unable to
provide advance notification.
When elevated fire risk is present.
Most likely from May to November.
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 11 Differences Between PSPS and Safety Settings
Public Safety Power Shutoffs (PSPS)
Turning off power to prevent tree branches
and debris from contacting energized lines
WHEN
During times of high winds, low humidity
and dry vegetation
NOTIFICATIONS
In advance through automated calls, texts,
and emails along with real-time updates
2022 FOCUS
Continuing to refine the program and
reducing impacts in the areas at highest risk
Enhanced Powerline Safety Settings
Settings quickly and automatically turn off power if a
problem is detected on the line.
WHEN
Elevated wildfire risk is present, most likely from
May to November, but can occur year-round.
NOTIFICATIONS
Customers receive notifications at the start of an
outage, and regular updates; Since power is
automatically shut off within one-tenth of a second,
we are unable to provide advanced notice.
2022 FOCUS
Expanding from approximately 45% HFTD to
100% of HFRA circuits
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 12 Emergency
Repairs
Updates during and after outages
Phone calls* Texts Emails
Active
Wildfires
Updates during and after outages
Phone calls* Texts Emails
Enhanced Powerline
Safety Settings
Updates during and after outages
Phone calls* Texts Emails
Different Types of Outages Customers May Experience
HOW WILL WE INFORM CUSTOMERS?
Public Safety
Power Shutoff
Advanced notification/regular updates
Phone calls*
Emails
Texts
Social media
News releases
Local/Tribal government outreach
CBO** outreach
Rotating Outages
Advanced notification/regular updates
Phone calls*
Emails
Texts
Social media
News releases
Local/Tribal government outreach
Planned Maintenance 10-day advance notification
*Via interactive voice recordings (IVR) **Community-based organization PG&E can
notify you in
advance of…
PG&E is unable
to send advance
notification
prior to…
Item #6.2.
Customer Resources
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 14 Customer Resources and Support – Expanded in 2022
Backup Power Transfer Meter Program
A new meter program to help customers
safely connect generator power to their
homes during emergency outages.
pge.com/transfermeter
Generator and Battery Rebate Program
Rebates for eligible customers to
purchase a qualifying generator or battery.
pge.com/backuppower
Portable Battery Program
Supporting eligible customers with fully
subsidized portable battery solutions.
pge.com/pspsresources
Partnership with 211
24/7 free, confidential support
and resources via call or text to 211.
211.org
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 15 Backup Power Transfer Meter Support
A new meter program to help customers safely connect generator power to their homes during emergency outages.
Power is delivered directly to the circuit
breaker which eliminates any power cords
running through the home.
Customers should be sure to start the
generator at a safe location and program to
their home specifics.
This program also provides an affordable
solution for customers who are unable to
afford solar or backup battery systems.
Customers can learn more at pge.com/transfermeter
PG&E is not responsible for providing backup power before or during a PSPS Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 16 Personalized Information for Our Customers
New Online
Safety Maps
let customers see
completed and
planned safety work
in their community
pge.com/customerpspsplanningmaps
pge.com/reportit
“PG&E Report It”
Safety App
allows customers to submit
photos of non-emergency
safety concerns
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 17 More Information and Tools For Customers to Prepare
Safety Action Center
Prepare for wildfire season
safetyactioncenter.pge.com
Wildfire Safety
Wildfire prevention efforts
pge.com/wildfiresafety
Safety for Kids
Teach kids emergency safety
kidsemergencysafety.com
Dedicated wildfire safety contacts
Hotline: 1-866-743-6589 | Email: [email protected] Item #6.2.
Thank You
Item #6.2.
Appendix
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 20 What is a Public Safety Power Shutoff?
High winds and dangerous
conditions can cause branches to
contact powerlines. This could
damage our equipment or cause
a wildfire.
To prevent such fires, we may
need to turn off power as a last
resort.
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 21 What Conditions Could Lead to a PSPS?
Low humidity
levels generally
30% and below
Forecasted high
winds above 19
mph and gusts
above 30-40 mph
Condition of dry
material on the
ground and low
moisture content
of vegetation
A Red Flag
Warning issued
by the National
Weather Service
On-the-ground,
real-time
observations
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 22 How Are Customers Notified for a PSPS?
Enroll at: pge.com/addressalerts
2 days
before power is
turned off (WATCH)
1 day
before power is
turned off (WATCH)
Just before
power is turned off
(WARNING)
During
the PSPS event
Once
power is restored
Timing of Notifications (when possible)
When severe weather is forecast, we provide advance notice prior to turning off power and updates until power is restored.
@pacificgasandelectric
@pacificgasandelectric
@PGE4Me
Notifications sent via automated calls, texts
and emails (available in sixteen languages).
We will also use pge.com, social media
and will inform local news and radio.
Receive notifications about
PSPS for any location, such as:
The home of a friend or loved one
Your child’s school or day care
Your work or business
Address Alerts
Annual registration is required.
How We’ll Notify
Item #6.2.
Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires. 23 Fulton-Calistoga 60 kV Reinforcement Project
4 2nd Clearance Details
High Level Scope:
Construction will take place in the hills; no work in the valley other than replacing wire from 032/013 –
000/001
Silverado Trail will be impacted for one day (M – F
between the hours of 9 am – 3 pm)
No further Highway 29 impacts
Key Dates:
Mobilization: 10/31/22
Clearance: 11/1/22 – 1/7/22
o Breaks for Veterans Day (11/11/22 –
11/12/22), Thanksgiving (11/21/22 –
11/27/22), and Christmas (12/18/22 – 1/1/23)
Demobilization: 1/9/22 – 1/14/23
Project Manager: Zach Storment ([email protected])
Item #6.2.
CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Marni Rittburg, City Clerk
DATE: July 19, 2022
SUBJECT: Approving Minutes of the April 19, 2022, Regular City Council Meeting Approved by:
~ co -Jr-~
Laura Snideman, City Manager
DESCRIPTION:
Consider approving the Minutes of the April 19, 2022, Regular City Council Meeting.
RECOMMENDATION:
Approve the minutes as submitted.
ATTACHMENTS:
April 19, 2022, Regular City Council Meeting Minutes
Item #7.1.
DRAFT MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, April 19, 2022 - 6:00 P.M.
Virtual Meeting
1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG
Mayor Canning, called the regular session to order at 6:04 p.m.
Present: Councilmembers Lisa Gift, Gary Kraus, and Donald Williams; Vice Mayor lrais Lopez-Ortega, and Mayor Chris Canning
Absent: None
2. REPORT FROM CLOSED SESSION
Mayor Canning reported that a Closed Session was held at 5:00 PM this evening with all Councilmembers present regarding the Napa County Fairgrounds. There was no reportable action taken in Closed Session and the Closed Session adjourned at 6:02 PM.
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.net/Portal/Meetinglnformation.aspx?Org=Cal&ld=219
4. ADOPTION OF MEETING AGENDA
Motion by Councilmember Kraus and seconded by Councilmember Gift and passed by the following roll call vote to adopt the meeting agenda as presented.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor Lopez- Ortega and Mayor Canning
None
None
None
5. CITY MANAGER'S REPORT
City Manager Laura Snideman provided updates on public projects, COVID-19 and wellness week.
Item #7.1.
Calistoga City Council Minutes
April 19, 2022
6. PROCLAMATIONS/PRESENTATIONS/AWARDS
6.1 Mark Van Gorder and John Stallman with Pacific Gas and Electric presented a PowerPoint presentation on identifying wildfire risk and minimizing the PSPS outage impacts in the City of Calistoga.
6.2 Nicole Shields, Stephanie Allan, and Anthony Halstead presented a PowerPoint presentation on the history and services provided by the Napa County Calistoga Library.
6.3 Water Conservation Technician Mitchell Egert provided a Water Supply Update Presentation and noted that going forward the water supply update will be presented quarterly during Council meetings.
7. CONSENTCALENDAR
Item 7.2 was pulled for separate discussion/action. Public comment was not received.
Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council approved the remaining Consent Calendar items:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega and Mayor Canning None
None
None
7.1 Consider adopting a Resolution Confirming the Mayor's Appointment of Steven Pinsky to the Calistoga Housing Advisory Committee (HAC).
Recommended Action: Consider adopting the Resolution
~ Item Pulled from Consent by Councilmember Williams - Consider affirming Resolution 2021 071 findings related to the state of emergency due to COVID 1 Q authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361 .
Resommended Astion: Staff recommends the City Council affirm Resolution 2021 071 findings in accordance 'l.lith the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021 .
MAYOR CANNING DIRECTED PULLED CONSENT CALENDAR ITEM 7.2 TO BE CONSIDERED AT THIS POINT IN THE MEETING:
7.2 Item Pulled from Consent by Councilmember Williams - Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 Item #7.1.
Calistoga City Council Minutes
April 19, 2022
authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.
Recommended Action: Staff recommends the City Council affirm Resolution 2021- 071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.
Councilmember Williams stated that he would like the Council to start meeting in person again. City Manager Laura Snideman stated that staff is working with Napa Valley TV and Marin IT on updating the Community Center to allow for hybrid meetings and we estimate the improvements will be done in late June or July. Council and staff discussion ensued.
Public comment was not received. Motion by Councilmember Williams, second by Councilmember Kraus and passed by the following roll call vote, Council affirmed Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None
8. PUBLIC HEARING
8.1 Public Review of the Draft Housing Element of the General Plan for the 2023-2031 period (6th Cycle) as required by State law.
Recommended Action: Staff recommends that the City Council open the Public Hearing, receive testimonial and documentary evidence and direct Staff to submit the Recommended Draft 2023-2031 Housing Element to the California Department of Housing and Community Development ("HCD") for 90-day review.
Planning and Building Director Jeff Mitchem presented the item. Council and staff discussion ensued.
Mayor Canning opened the Public Hearing at 8:21 p.m., Mayor Canning Closed the Public Hearing at 8:23 p.m. Public comment was not received.
Council provided amendments and direction to staff.
9. GENERAL GOVERNMENT
9.1 Consider adopting a Resolution establishing objectives and the appointment of a Council subcommittee for the Fiscal Year 2022-23 Community Enrichment Grant Program.
Recommended Action: Consider adopting Resolution.
Item #7.1.
Calistoga City Council Minutes
April 19, 2022
City Clerk Marni Rittburg presented the item. Council and staff discussion ensued.
Public comment was not received. Motion by Mayor Canning, second by Councilmember Williams and passed by the following roll call vote, Council adopted Resolution 2022-029 establishing objectives and confirming the appointment of Vice Mayor Lopez-Ortega and Councilmember Kraus to the Community Enrichment Grant Program Council Subcommittee for Fiscal Year 2022-23.
AYES: Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning NOES: None
ABSTAIN: None
ABSENT: None
9.2 Periodic report on Growth Management System Program allocations for the and an update on available water supply and wastewater treatment capacity.
Recommended Action: Accept Report.
Planning and Building Director Jeff Mitchem presented the report. Council and staff discussion ensued.
Public comment was not received. Council accepted the report.
10.COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Council mentioned the following topics: emergency evacuations, Building Code modifications, Fire Code, and please vote in the Statewide Direct Primary Election on June 7, 2022.
G.) ADJOURNMENT
Mayor Canning adjourned the meeting at 9:03 p.m.
Respectfully Submitted
Prepared by:
Marni Rittburg, City Clerk
Approved by:
Chris Canning, Mayor
[ Approved:
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 19 2022
Subject: Award a Consultant Services Agreement to complete design of the Riverside Ponds and Headworks Project
DESCRIPTION:
Consideration adopting a Resolution authorizing the City Manager to award a Master Agreement for Consultant Services to Bennett Engineering Services in an amount Not to Exceed $370,346, to provide engineering, environmental, and permitting services for the Riverside Ponds and Headworks Mitigation Project.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
The Riverside Ponds were constructed in the early 1970s originally as percolation ponds for wastewater treatment and effluent disposal. In 2014 the San Francisco Bay Area Regional Water Quality Control Board issued a Cease-and-Desist Order (CDO) mandating that the City either line or abandon the Riverside Ponds to eliminate subsurface discharge into the Napa River. The ponds are necessary part of the treatment process and provide over 2 million gallons of effluent storage capacity and regulate discharge to the Napa River and provide a buffer in case of any treatment upset. Further, these ponds along with the existing headworks facility have suffered significant erosion and are heavily undercut to the point where their stability is in jeopardy and will be repaired and removed from the floodway with this project. Additionally, the city is limited to the volume of discharge to the Napa River with the existing piping that delivers water to this pond and the recycle storage ponds and this project will enlarge effluent piping to allow the city to more than double this effluent discharge.
In June 2016 staff applied for a Hazard Mitigation Grant Program (HMGP) for relocation/replacement of the Riverside Ponds with an estimated cost of $4 million. On July 17, 2018, the city received authorization to proceed with Phase I design activities for a total amount of $523,396.
The City Council awarded the design services for Phase I to Environmental Science Associates (ESA) on September 4, 2018, with a not to exceed amount of $475,000. The city completed Phase I scope of work and submitted the deliverables to CalOES on June 31, 2020, along with a request to authorize Phase II. The city received authorization to proceed with Phase II on September 10, 2021.
Staff advertised a Request for Proposal (RFP) on October 21, 2021 and received one proposal. Per FEMA’s direction, the city rejected the proposal and re-advertised the RFP to solicit additional proposals and meet Federal competitiveness criteria.
Item #7.2.
Staffed received three proposals and Bennett Engineering Services was ranked by staff as the most qualified firm.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
This project is consistent with Goal No. 3, Establish, improve and maintain City infrastructure; Priority Project 11, complete environmental permitting and secure funding to reconstruct and line the Riverside ponds to comply with the Cease-and-Desist Order.
CEQA STATUS:
CEQA was completed in Phase I and an Initial Study and Mitigated Negative Declaration (ISMND) was completed and filed with the County Clerk on December 12, 2019. Because federal funds are being used NEPA will also be required which FEMA will complete.
FINANCIAL IMPACT:
The total cost to complete design and permits is $370,346 which is within the total approved FY 2022/23 CIP Budget for the Riverside Ponds project (Account Number 13-5540-4905) that has $500,000 authorized.
The total HMGP grant amount for Phase II is $2,604,342 with a $868,114 local match requirement to finish design/permitting, bid and build the project. Additionally, staff has $1,007,263 in IRWMP grant funds that can be utilized to pay the match. Staff will be bringing the project back to council to award construction after bidding the project, which we anticipate will be next fiscal year.
ATTACHMENT(S):
1. Draft Resolution
2. Master Agreement - Bennett Engineering
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Jul 06 2022 Gloria Leon, Administrative Services Director Approved - Jul 06 2022 Laura Snideman, City Manager Approved - Jul 06 2022
Marni Rittburg, City Clerk Approved - Jul 07 2022
Item #7.2.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AWARD
A MASTER AGREEMENT FOR CONSULTANT SERVICES TO BENNETT
ENGINEERING SERVICES TO PROVIDE ENGINEERING, ENVIRONMENTAL, AND
PERMITTING SERVICES FOR THE RIVERSIDE PONDS AND HEADWORKS
MITIGATION PROJECT
WHEREAS, the Riverside Ponds were constructed in the early 1970s originally as percolation ponds for wastewater treatment and effluent disposal; and WHEREAS, in 2014 the San Francisco Bay Area Regional Water Quality Control board issued a Cease and Desist Order mandating that the City either line or abandon the Riverside Ponds to eliminate subsurface discharge to the Napa River; and
WHEREAS, additionally, these ponds and existing headworks facilities sit precariously on a heavily undercut embankment that will be stabilized and ponds removed from the floodway as part of this project
WHEREAS, the project will also enlarge effluent piping leaving the plant that will allow the treatment plant to double its discharge volume to the Napa River or to the recycle storage ponds as part of this project.
WHEREAS, in June 2016, staff applied for a Hazard Mitigation Grant (HMG) for relocation/replacement of the Riverside Ponds with an estimated cost of $4 million; and WHEREAS, the City Council awarded the design services for Phase I to Environmental Science Associates (ESA) on September 4, 2018; and WHEREAS, City staff and ESA completed Phase I scope of work and submitted the deliverables to CalOES on June 31, 2020 along with a request to authorize Phase II; and WHEREAS, FEMA authorized the Phase II project on September 10, 2021 in the amount of $3,472,456 to complete design and construction; and WHEREAS, City staff requested proposals for professional services for the design activities and received proposals from Mark Thomas, AECOM and Bennett Engineering Services; and
WHEREAS, staff reviewed and ranked the proposals, they concluded Bennett Engineering Services was determined to be the most qualified firm to successfully complete the work; and
WHEREAS, staff has negotiated a Scope of Work with Bennett Engineering Services and recommends that a Master Agreement for Consultant Services for an amount not to exceed $370,346 be authorized; and
ATTACHMENT 1
Item #7.2.
Resolution No. 2022-XXX
WHEREAS, there are sufficient appropriations contained in the FY 2022/23 CIP Budget under budget item 13-5540-4905 to cover the anticipated expenses that will be incurred for the consultant services requested.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. A Master Agreement for Consultant Services is authorized with Bennett Engineering Services to provide engineering, environmental, and permitting services for the Riverside Ponds and Headworks Mitigation Project-Phase II for an amount not to exceed $370,346.
2. Authorizes the City Manager to execute the Master Agreement on behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and BENNETT ENGINEERING SERVICES INC. (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires engineering, environmental, and permitting services in connection with the Riverside Ponds and Headworks Mitigation Project-Phase II; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
Notwithstanding anything to the contrary in this Agreement, pursuant to 29 CFR 97.36, CONSULTANT is hereby notified of, and shall comply with the following requirements and regulations imposed by the Federal Emergency Management Agency (FEMA) when engaging in activities of CONSULTANT under this Agreement and as set forth in the FEMA Federal Provisions in Exhibit B, attached hereto and incorporated by reference herein.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. 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.
ARTICLE 2 - COMPENSATION
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until July 19, 2024 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Hamid Heidary, its Senior Civil Engineer as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Stacey Lynch as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. 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 hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.
G. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT:Stacey Lynch, Principal, Vice President 1082 Sunrise Avenue, Suite 100
Roseville, CA 95661
Email : [email protected]
Phone: 916-539-9418
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. 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.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. ***
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Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date
Laura Snideman, City Manager
CONSULTANT
By: Date
By: Date
Attest:
By: ___________________________
Marni Rittburg, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Leo Rubio, President
Leo Rubio (Jul 8, 2022 09:48 PDT)
July 8, 2022
Leo Rubio
Item #7.2.
OAK #4818-2196-0582 v1
EXHIBIT A
TASK ORDER
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
TASK ORDER NO. 1
CITY OF CALISTOGA
AND
BENNETT ENGINEERING SERVICES, INC.
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct Bennet Engineering Services Inc. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Calistoga (“CITY”) and Bennett Engineering Services Inc. (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed Three Hundred Seventy Thousand, Three Hundred FortySix Dollars ($370,346) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by 07/19/2024 or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
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Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
CITY OF CALISTOGA
By: Date
Laura Snideman, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Date
By: Date
Bennett Engineering Services Inc
Leo Rubio, President
Leo Rubio (Jul 8, 2022 09:48 PDT)
July 8, 2022
Leo Rubio
Item #7.2.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
ATTACHMENT “A”
SCOPE OF SERVICES
Item #7.2.
N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 1 of 10 Scope of Services
Client: City of Calistoga
Consultant: Bennett Engineering Services Inc
Project: Riverside Ponds and Headworks Mitigation Project – Phase II Date: June 17, 2022
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.
TASK 1. Project Management
Subtask 1.1. Project Administration
Bennett Engineering Services’ (BEN|EN) Project Manager will submit monthly project status updates and invoicing. BEN|EN will also manage the project schedule, subconsultant work, and integrate deliverables.
DELIVERABLES:
• Monthly status updates
• Monthly invoices
• Microsoft Project Schedule Updates
Subtask 1.2. Project Meetings
BEN|EN will attend a project management kick-off meeting (to be scheduled by the City of Calistoga (City) staff). BEN|EN’s Project Manager will coordinate regular monthly progress meetings (assumes 6) and design review meetings following each major submittal (assumes 2), provide agenda and minutes, document design decisions, and track changes in scope and budget. Meetings will include design review meetings with the City Staff at the 90% and 100% design deliverables.
ASSUMPTIONS:
• City Staff to schedule Project Kick-Off Meeting
• Monthly progress meetings will be virtual
• Design review meetings will be at City offices
DELIVERABLES:
• Meeting notices, agendas, minutes, and sign-in-sheets.
Subtask 1.3. Quality Control
BEN|EN’s Quality Control Program will be implemented, and constructability reviews will be conducted by senior BEN|EN staff prior to submittal of the 90%, 100%, and Bid Set PS&E submittals.
DELIVERABLES:
• Quality Control Reviews and Documentation
Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 2 of 10 TASK 2. Geotechnical Investigation
The investigation will include a field exploration program, laboratory testing, engineering analysis, and the preparation of a formal report. The following scope of services is proposed:
• Perform a site reconnaissance to review project limits and site logistics, evaluate drill rig access and mark out boring locations for subsequent utility clearance. • Obtain a no-fee encroachment permit from the City of Calistoga. We have assumed any other encroachment permits and/or required rights-of-entry will be secured by City prior to our field explorations.
• Retain the services of California C-57 licensed drillers to perform soil borings and Cone Penetrometer Tests (CPTs) with track-mounted drill rigs. • Obtain the required soil boring permits from Napa County Environmental Services and pay the requisite fees.
• Notify subscribing utility companies via Underground Service Alert (USA) a minimum of 48 hours (as required by law) prior to drilling operations. • Perform up to nine borings to depths of approximately 5 to 30 feet to observe subsurface conditions and obtain soil samples. Two of the nine borings will be located along the alignment of the new 14-inch sewer force main to the southeast of the bridge that conveys Napa Valley Vine Trail over Simmons Creek. We have assumed our borings can be completed within two working days, during normal business hours, Monday through Friday. • Collect and test one sludge sample for contaminates to confirm sludge disposal prior to grading operations of the Riverside ponds is not required. • Log the soils encountered in the borings in accordance with the Unified Soil Classification System.
• Obtain bulk and relatively undisturbed soil samples from our soil borings. Samples will be returned to our laboratory for further examination and testing. • Advance up to six CPT soundings to maximum depths of approximately 50 feet or refusal to obtain in-situ measurements of soil parameters. We anticipate our CPTs can be completed within two working days, during normal business hours, Monday through Friday. • Upon completion, backfill our borings per permit requirements. Boreholes in pavement areas will be capped with compacted cold patch asphalt or quick-set concrete dyed black.
Excess soil cuttings will be spread onsite near each borehole. • Perform laboratory tests on selected samples to evaluate pertinent geotechnical parameters. Laboratory testing assignments will depend on the soils conditions encountered in our borings, but we anticipate testing for in-situ dry density and/or moisture content, maximum dry density and optimum moisture content, gradation, plasticity, shear strength, and/or unconfined compressive strength. In addition, two soil samples from a boring near the headworks structure will be submitted to our laboratory for screening-level corrosion testing.
• Prepare a formal report correspondence with the results of our investigation. The report will include (but not be limited to) the following:
Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 3 of 10 o Site vicinity map
o Site plan(s) showing boring and CPT locations
o Logs of the exploratory borings, including depth to groundwater (if encountered) o Laboratory test results
o Geologic and seismic hazard evaluation (faulting, liquefaction) o Summary of encountered soils conditions
o Slope stability analysis
o Anticipated excavation characteristics
o Site preparation and grading recommendations
o Suitability of onsite materials for use as engineered fill and import fill recommendations
o Creek channel reconstruction recommendations
o Utility trench excavation, backfill and pavement restoration recommendations Geocon will submit a draft report for review followed by an electronic copy (PDF format) of the finalized report.
ASSUMPTIONS:
• Work hour restrictions will not preclude eight consecutive hours of drilling each day, during normal daytime business hours.
• Prevailing wage requirements will apply to our drillers and to our field engineer or geologist obtaining samples during drilling operations. • Site plans provided for our use will show the locations of all underground utility lines and structures. We will not be responsible for damage to any such lines or structures that are not shown accurately on the plans provided to us, or properly marked by utility companies.
• Planned boring locations are accessible to a track-mounted drill rig and return trips or special equipment will not be required.
• The scope of services detailed in this proposal does not include the evaluation or identification of environmental contamination.
TASK 3. Environmental Permits, Approvals, and Coordination Subtask 3.1. Documentation Review
Panorama will review Phase I documentation, including the 50% design, Initial Study/Mitigated Negative Declaration, technical studies and reports, and draft permit applications to develop a thorough understanding of project objectives, design, and environmental issues.
Subtask 3.2. Agency Coordination and File Permit Applications Panorama will coordinate pre-application meetings with permitting agencies to provide an overview of the project. Panorama understands that some agency outreach was conducted during Phase I; however, the purpose of agency meetings conducted under Phase II will be Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 4 of 10 to inform the regulators of any changes to the project design (90% coordination), identify the construction schedule, and ensure that Panorama has a solid understanding of any regulator concerns so that they can be addressed in the permit applications. This scope of work includes one pre-application meeting with each regulatory agency: California Department of Fish and Wildlife (CDFW), San Francisco Bay Area Regional Water Quality Control Board (Water Board), and US Army Corps of Engineers (USACE). Panorama will develop a PowerPoint presentation to facilitate discussion each meeting.
Following meetings with regulatory staff, Panorama will update the existing permit applications that were prepared during Phase I. Panorama will file the permit applications with each respective agency. The City has received a letter of authorization from USACE affirming project coverage under three existing nationwide permits (NWPs); however, NWPs will expired March 2022 and coverage will need to be reissued under the updated NWPs.
Panorama will coordinate with USACE to determine the level of detail required to reissue the NWP coverage. This scope of work assumes the original 404 application can be resubmitted with minor updates necessary to reflect any design updates. No additional consultation with National Marine Fisheries Service or United States Fish and Wildlife Service (USFWS) is anticipated.
This task includes updating permit applications to reflect current project design, construction methods, and schedule. This scope of work does not include updates to technical studies, including wetland delineation; however, technical studies can be updated under an approved change order, if needed.
Subtask 3.3. Prepare Incidental Take Permit Application: California Freshwater Shrimp Construction within Simmons Creek has the potential to cause take of California freshwater shrimp (CFS). The City has obtained take coverage from the USFWS. Panorama will prepare an Incidental Take Permit (ITP) application for CFS in accordance with Fish and Game Code 2081. The application will be prepared using documentation from the IS/MND and USFWS Biological Assessment. Avoidance measures included in the ITP application will be consistent with the USFWS-issued Biological Opinion.
Subtask 3.4. Prepare Habitat Restoration and Monitoring Plan Torrey Pines will prepare the Habitat Restoration and Monitoring Plan (HRMP), including Invasive Species Management Plan, that reflects the parameters included in Mitigation Measure Bio-6. Torrey Pines will prepare a conceptual HRMP, which will be presented to regulatory agencies to obtain approval of the conceptual framework of the HRMP. Following agency approval, Torrey Pines will prepare a draft and final HRMP. This task includes one site visit for the biologist to identify on-site conditions for habitat restoration and invasive ASSUMPTIONS:
• Assumes all deliverables will be in electronic format (PDF). • Does not include any additional surveys, studies, or site meetings beyond one optional site visit.
• Assumes all existing GIS shapefiles associated with background document figures will be provided by the City.
• Assume City will provide checks for permit filing fees. Panorama can provide permit filing fees as direct costs under separate purchase order or under contract amendment, if necessary.
Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 5 of 10 TASK 4. Hydraulic Model Evaluation
Subtask 4.1. Develop Water Model
BEN|EN will coordinate with FEMA to acquire the current effective hydraulic model of the area. Existing topographic surveying data for the site will be used to update ethe model for its current condition. The FEMA prepared model will be run in the current version of the software (assumed to be HEC-RAS) to ensure the same results as the FEMA-approved model. Based on the project design, the hydraulic model will be updated to create a proposed hydraulic model that will be used to compare to the existing model. This model will be used for Oat Hill Mine Ditch, Simmons Creek, and the Napa River.
Subtask 4.2. LOMR Application and FEMA Coordination (Optional) Prepare and submit FEMA Conditional Letter of Map Revision (CLOMR) application documents including submittal of the electronic hydraulic modeling, a topographic survey, and drawings showing the existing floodplain limits and the proposed floodplain limits. This task includes coordination of the FEMA for the review of the CLOMR/LOMR. We have assumed three iterations of submittals with FEMA.
ASSUMPTIONS:
• Accurate existing topography will be provided in CAD. • 3 submittal iterations with FEMA
TASK 5. Final Design Documents
BEN|EN will prepare a complete set of project Plans, Specifications, and Engineer’s Opinion of Probable Construction Cost (Estimate), to be used for project bidding and construction. All project documents will be based on the City’s Design Standards and will directly reference the City’s Standard Specifications and Standard Details where appropriate. The BEN|EN team will include a complete set of construction drawings, at 1” = 20’ horizontal and 1” = 10’ vertical on 22” x 34” The City will provide the Front-End Specifications and BEN|EN will prepare the Technical Specifications in CSI format.
Subtask 5.1. 90% Plans, Specifications, and Estimate
BEN|EN will prepare and submit Plans, Specifications, and Estimate to City for review and comment. BEN|EN will schedule two weeks for City review. Review comments received from the City will be tabulated; responses will be addressed and incorporated in the subsequent PS&E submittal.
DELIVERABLES:
• PDF of the Plans, Specifications, and Estimate at the 90% level Subtask 5.2. 100% Plans, Specifications, and Estimate
BEN|EN will prepare and submit Plans, Specifications, and Estimate to City for review and comment. BEN|EN will schedule two weeks for City review. Review comments received from City will be tabulated; responses will be addressed and incorporated in the subsequent PS&E submittal.
DELIVERABLES:
• PDF of the Plans, Specifications, and Estimates at the 100% level • Comment Response Table with comments from previous submittal Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 6 of 10 Subtask 5.3. Bid Set Plans, Specifications, and Estimate The BEN|EN team will prepare and submit final Bid Set Plans, Specifications, and Estimate with stamp and signature to the City incorporating comments received on the 100% PS&E.
ASSUMPTIONS:
• The front-end documents consist of bid documents, bonds, contract documents, general conditions and supplementary condition bid schedule, detailed bid item descriptions, and a detailed sequence of work.
• The technical specifications may be based upon either the BEN|EN versions and/or adapted from those previously used by the City on its own projects. • Appendices shall include copies of encroachment permits, City of Calistoga Tree Removal Permit, stormwater pollution prevention plant (SWPPP), Water Quality Control Board permits for dewatering and/or disposal of chlorinated water, environmental/CEQA documents and mitigation measures, geotechnical reports, and other such reports.
DELIVERABLES:
• Final Plans – AutoCAD, PDF
• Special Provisions – MS Word, PDF
• Itemized Cost Estimate – MS Excel, PDF
• Project Construction Schedule – MS Project, PDF
• Comment Response Table with comments from previous submittal TASK 6. Project Bidding Services
The City will conduct the public bid and advertisement, distribute the project documents to bidders, maintain plan holders list, and issue addenda and RFI’s during the bid period. All correspondence with bidders will be made by the City. BEN|EN’s Project Manager will coordinate the pre-bid meeting and site walk with City staff and potential bidders to address potential bidder questions.
BEN|EN will respond to questions concerning the plans, specifications, and the estimate prior to the bid openings, and prepare addenda and letters of clarification as required to respond to potential bidder Requests for Information (RFIs). BEN|EN will provide revised or supplemental project plans or exhibits as needed to be fully responsive to RFIs.
The City will coordinate, facilitate, and manage opening of the public bids. Upon receipt of bids, BEN|EN will review the bids for completeness and responsiveness and make a recommendation for award of the construction contracts to City. BEN|EN will attend both a City executive committee meeting and a City board of directors meeting to present the recommendation of awards and prepare supporting exhibits to support the recommendation of award.
ASSUMPTIONS:
• Assume one (1) pre-bid meeting.
• Prepare no more than two (2) addendum/RFI responses
• City staff shall prepare staff reports prior to the City Council Meeting for recommendation of award.
DELIVERABLE:
• Bid Tabulation and Review Recommendation
• Twenty (20) printed copies of the conformed set of the specifications, twenty (20) copies each of the full size (22” x 34”) and half scale (11” x 17”) plans and update electronic files Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 7 of 10 TASK 7. Construction Management (Optional)
Subtask 7.1. Engineering Services During Construction
Subtask 7.1.a Submittal Review
BEN|EN will prepare a list of submittals required to be submitted by the contractor during construction. BEN|EN will assist the Construction Manager (CM) in review of submittals (including shop drawings) for construction. Submittals will be logged in a matrix and provided to the CM/City.
Subtask 7.1.b RFI Review
BEN|EN will review contractor requests for information (RFI) and provide responses.
BEN|EN will prepare revised plans or clarification exhibits, as required. RFIs will be logged in a matrix and provided the CM.
Subtask 7.1.c CCO Review
BEN|EN will review BEN|EN will review contractor change order requests and provide written recommendation to the CM/City. Contract change orders will be logged in a matrix and provided to the City.
Subtask 7.1.d Site Visits
BEN|EN will review BEN|EN will attend site visits (assume 5 visits) to clarify RFIs or other construction concerns.
Subtask 7.1.e Close Out
BEN|EN will review construction punch list of deficiencies prepared by CM/Resident Engineer, Inspectors, and City Engineering Staff. BEN|EN will participate in final inspection with contractor, CM/Resident Engineer, and the City inspectors.
Subtask 7.1.f Record Drawings
Prepare Record Drawings in AutoCAD based on Contractor-provided redline drawings. The Record Drawings will be delivered within 20 working days of receiving redlines.
ASSUMPTIONS:
• Thirty (30) submittals
• Eight (8) RFIs
• Five (5) site visits during construction
• Three (3) CCOs
• Contractor and CM/Resident Engineer to provide consolidated redlines on plans DELIVERABLES:
• RFI log matrix
• Submittal log matrix
• Change Order log matrix
• Punchlist
• Record drawings in CAD and PDF formats
Subtask 7.2. Environmental Oversight During Construction Panorama would prepare a master environmental compliance checklist and maintain records of compliance throughout construction. The master environmental compliance checklist will include all mitigation measure commitments and timing of implementation of those commitments as well as all permit compliance requirements. Panorama will coordinate with the City, resident engineer, and on-site biologist to verify compliance of conditions that require implementation during construction. Panorama will verify compliance of post-construction commitments through a post-construction site visit.
Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 8 of 10 Subtask 7.3. Biological Monitoring
Torrey Pines Environmental biologist would conduct up to 10 days of biological monitoring during construction. Biological monitoring is anticipated to be required during initial clearing and grubbing and when major earthmoving activities occur. Daily monitoring of construction is not anticipated but can be provided under change order authorization, if regulatory permits require frequent monitoring, including daily monitoring or daily clearance sweeps of the site.
Subtask 7.4. Geotechnical Testing and Inspection
Geocon will provide geotechnical testing and observation, special inspection and materials testing services. Our services will be provided on an on-call, time-and-materials basis as requested by your representatives and will be largely contingent upon the pace of construction and contractor performance. We have assumed that prevailing wage requirements will apply to our field technicians and special inspectors.
Subtask 7.5. Construction Management and Inspection
Subtask 7.5.a Pre Construction Support
Ghirardelli’s Resident Engineer will organize a pre-construction conference with the Contractor, subcontractors, City staff, Designer (BEN|EN), construction management (CM) team members, and other interested parties to discuss the project and the work involved.
This conference will provide a forum for answering questions from the Contractor and other interested parties as well as addressing issues and coordination that need to be performed before work commences. Ghirardelli’s Resident Engineer will prepare an agenda and meeting minutes.
Subtask 7.5.b Construction Phase
Ghirardelli’s Resident Engineer will manage the day-to-day administration of the project.
The Resident Engineer, as appropriate, will be the first point of contact with the Contractor, representing the City.
Project Administration
The Resident Engineer will:
Review and respond to correspondence from the Contractor, in coordination with the City’s Project Manager.
Review and respond to submittals and RFIs in coordination with the City’s Project Manager.
Coordinate field inspection.
Review and process monthly progress payments.
Review change order requests and prepare change orders in coordination with the City’s Project Manager.
Review the Contractor’s compliance with all permits, stormwater regulations and environmental requirements.
Review the Contractor’s compliance with health and safety standards and regulations and reporting of non-compliance.
Monitor record documents to ensure proper maintenance and completion by the Contractor.
At the conclusion of each week's work, a Weekly Statement of Working Days (WSWD) will be submitted to the Contractor.
Project Coordination/Meetings
Ghirardelli will coordinate project issues with the City Project Manager and third parties, as needed. Ghirardelli’s Resident Engineer will hold weekly meetings with the Contractor, City Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 9 of 10 staff and other interested parties. The Resident Engineer will prepare and distribute weekly project meeting agendas and minutes to the attendees.
Scheduling
Ghirardelli’s Resident Engineer will review the Contractor's baseline schedule to verify conformance with the plans and specifications. We will also review the monthly schedule updates to verify that the project is on schedule. We will closely monitor progress to confirm that the contractor is following the schedule and will notify the contractor and the City if any slippage occurs.
Construction Inspection
Ghirardelli’s Inspector will conduct a daily review of the construction operations and prepare a report for each construction day. This information will be used for the preparation and evaluation of the monthly progress estimates, non-compliance issues, construction delays, compliance tests, CPM schedule review and potential claims. The daily reports will include the following information:
Date, project identification, contractor’s name, subcontractor’s name(s), and time of inspections.
Conditions (weather, moisture, soil, etc.); any inclement weather conditions that hampered or delayed the contractor’s operations. Details of daily construction activities.
Difficulties encountered by the contractor.
Construction issues (disputes, questions in the field, etc.). Deficiencies and violations (including construction work, safety, labor, etc.).
Major material and equipment deliveries to the site (type, quantity, means of delivery, and condition of materials).
Record of manpower, construction equipment, and materials testing locations and results.
Materials Sampling and Testing (Field and Laboratory)
Ghirardelli’s Inspector will coordinate materials testing, performed by Geocon Consultants, Inc., at the frequency established by the contract documents. Our Inspector will review the test reports for compliance and maintain the required documentation, including a nonconformance log to assure that all failed tests are retested until meeting compliance.
Material Test Data and Certificate of Compliance
The Resident Engineer will review all Contractor-provided manufacturers' shop or mill test certificates, including test reports from independent materials testing laboratories to verify compliance with the Contract specifications. Certificate of compliance will be obtained for all materials for which the specifications require their submittal as well as for the basis of acceptance of materials which are to be inspected and released at the project site.
Subtask 7.5.c Post Construction
Ghirardelli’s project team will work closely with BEN|EN, City staff and other stakeholders to help to ensure that the project closeout proceedings are performed quickly, accurately and consistently, in accordance with all pertinent policies and procedures. We will review and monitor the Contractor's submittal information respective to the closeout, such as "as-built" information, final progress payment, O&M manuals, warranties, guarantees, etc. We will prepare the punch list and our inspector will perform a final inspection to assure all items are completed.
Our Resident Engineer will provide City staff with the construction documents, catalogued in accordance with the Caltrans file management system, which includes all documented correspondence, diaries, reports, photos, correspondence, contract documents, labor Item #7.2.
Exhibit A: Scope of Services
Calistoga Riverside Ponds and Headworks Mitigation Project – Phase II N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Scope 20220617.docx Page 10 of 10 compliance, materials, material tests, change orders, progress payment and survey records, etc. for storage by the City.
ASSUMPTIONS:
• No sludge removal will be required
• No additional survey will be required
Item #7.2.
- 5 -
OAK #4878-5499-7017v1 (Rev. 9/2021)
ATTACHMENT “B”
COMPENSATION
Item #7.2.
Fee Estimate
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Contract Contract Contract Contract
1.1 - Project Management 4 hrs $1,060 hrs $0 14 hrs $3,150 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 14 hrs $1,400 12 hrs $1,020 44 hrs $6,630 $0 $0 $0 $0 $0 $6,6301.2 - Project Meetings hrs $0 hrs $0 14 hrs $3,150 hrs $0 hrs $0 16 hrs $2,960 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 30 hrs $6,110 $550 $0 $0 $0 $0 $6,660
1.3 - Quality Control hrs $0 20 hrs $4,700 8 hrs $1,800 hrs $0 hrs $0 4 hrs $740 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 32 hrs $7,240 $0 $0 $0 $0 $0 $7,240 Subtotal 4 hrs $1,060 20 hrs $4,700 36 hrs $8,100 hrs $0 hrs $0 20 hrs $3,700 hrs $0 hrs $0 hrs $0 14 hrs $1,400 12 hrs $1,020 106 hrs $19,980 $550 $0 $0 $0 $0 $20,530
2.1 - Field Work and Geotechnical Data Report hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 6 hrs $1,110 8 hrs $1,344 hrs $0 hrs $0 hrs $0 hrs $0 18 hrs $3,354 $0 $55,514 $0 $0 $0 $58,868 Subtotal hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 6 hrs $1,110 8 hrs $1,344 hrs $0 hrs $0 hrs $0 hrs $0 18 hrs $3,354 $0 $55,514 $0 $0 $0 $58,868
3.1 - Documentation Review hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 8 hrs $1,480 4 hrs $672 hrs $0 hrs $0 hrs $0 hrs $0 16 hrs $3,052 $0 $0 $0 $13,000 $0 $16,052
3.2 - Agency Coordination and File Permit Applications hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 6 hrs $1,110 1 hrs $168 hrs $0 hrs $0 hrs $0 hrs $0 11 hrs $2,178 $0 $0 $0 $20,165 $0 $22,343
3.3 - Prepare Incidental Take Permit Application hrs $0 hrs $0 2 hrs $450 hrs $0 hrs $0 4 hrs $740 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 6 hrs $1,190 $0 $0 $0 $16,250 $0 $17,440
3.4 - Perpare Habitat Restoration and Monitoring Plan hrs $0 hrs $0 2 hrs $450 hrs $0 hrs $0 4 hrs $740 1 hrs $168 hrs $0 hrs $0 hrs $0 hrs $0 7 hrs $1,358 $0 $0 $0 $16,908 $0 $18,266 Subtotal hrs $0 hrs $0 12 hrs $2,700 hrs $0 hrs $0 22 hrs $4,070 6 hrs $1,008 hrs $0 hrs $0 hrs $0 hrs $0 40 hrs $7,778 $0 $0 $0 $66,323 $0 $74,101
4.1 - Develop Model hrs $0 hrs $0 8 hrs $1,800 20 hrs $4,300 20 hrs $4,100 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 48 hrs $10,200 $0 $0 $0 $0 $0 $10,200 Subtotal hrs $0 hrs $0 8 hrs $1,800 20 hrs $4,300 20 hrs $4,100 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 48 hrs $10,200 $0 $0 $0 $0 $0 $10,200
5.1 - 90% Plans, Specifications, and Estimate hrs $0 hrs $0 75 hrs $16,875 hrs $0 40 hrs $8,200 50 hrs $9,250 200 hrs $33,600 40 hrs $3,520 59 hrs $9,735 hrs $0 4 hrs $340 468 hrs $81,520 $0 $0 $19,950 $0 $0 $101,470
5.2 - 100% Plans, Specifications, and Estimate hrs $0 hrs $0 60 hrs $13,500 hrs $0 30 hrs $6,150 40 hrs $7,400 100 hrs $16,800 24 hrs $2,112 32 hrs $5,280 hrs $0 4 hrs $340 290 hrs $51,582 $0 $0 $16,800 $0 $0 $68,3825.3 - Bid Set Plans, Specifications, and Estimate hrs $0 hrs $0 24 hrs $5,400 hrs $0 8 hrs $1,640 20 hrs $3,700 24 hrs $4,032 hrs $0 12 hrs $1,980 hrs $0 4 hrs $340 92 hrs $17,092 $0 $0 $5,277 $0 $0 $22,369 Subtotal hrs $0 hrs $0 159 hrs $35,775 hrs $0 78 hrs $15,990 110 hrs $20,350 324 hrs $54,432 64 hrs $5,632 103 hrs $16,995 hrs $0 12 hrs $1,020 850 hrs $150,194 $0 $0 $42,027 $0 $0 $192,221
6.1 - Engineering Sevices During Bidding hrs $0 hrs $0 16 hrs $3,600 hrs $0 hrs $0 32 hrs $5,920 24 hrs $4,032 8 hrs $704 hrs $0 hrs $0 2 hrs $170 82 hrs $14,426 $0 $0 $0 $0 $0 $14,426 Subtotal hrs $0 hrs $0 16 hrs $3,600 hrs $0 hrs $0 32 hrs $5,920 24 hrs $4,032 8 hrs $704 hrs $0 hrs $0 2 hrs $170 82 hrs $14,426 $0 $0 $0 $0 $0 $14,426 PROJECT TOTAL 4 hrs $1,060 20 hrs $4,700 235 hrs $52,875 20 hrs $4,300 98 hrs $20,090 190 hrs $35,150 362 hrs $60,816 72 hrs $6,336 103 hrs $16,995 14 hrs $1,400 26 hrs $2,210 1144 hrs $205,932 $550 $55,514 $42,027 $66,323 $0 $370,346 OPTIONAL TASKS: Construction Management and Inspection Support
4.2 - LOMR and Fema Coordination hrs $0 hrs $0 8 hrs $1,800 60 hrs $12,900 68 hrs $13,940 hrs $0 20 hrs $3,360 12 hrs $1,056 hrs $0 hrs $0 4 hrs $340 172 hrs $33,396 $0 $0 $0 $0 $0 $33,396
7.1 - Engineering Services During Construction hrs $0 hrs $0 32 hrs $7,200 hrs $0 8 hrs $1,640 48 hrs $8,880 32 hrs $5,376 8 hrs $704 4 hrs $660 hrs $0 8 hrs $680 140 hrs $25,140 $0 $0 $20,521 $0 $0 $45,661
7.2 - Environmental Oversight During Construction hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 10 hrs $1,850 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 14 hrs $2,750 $0 $0 $0 $18,486 $0 $21,2367.3 - Biological Monitoring hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 8 hrs $1,480 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 12 hrs $2,380 $0 $0 $0 $17,974 $0 $20,354
7.4 - Geotechnical Testing and Inspections hrs $0 hrs $0 4 hrs $900 hrs $0 hrs $0 4 hrs $740 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 8 hrs $1,640 $0 $75,878 $0 $0 $0 $77,518
7.5 - Construction Management and Inspection hrs $0 hrs $0 24 hrs $5,400 hrs $0 hrs $0 12 hrs $2,220 hrs $0 hrs $0 hrs $0 hrs $0 hrs $0 36 hrs $7,620 $0 $0 $0 $0 $762,960 $770,580 OPTIONAL TASKS TOTAL hrs $0 hrs $0 76 hrs $17,100 60 hrs $12,900 76 hrs $15,580 82 hrs $15,170 52 hrs $8,736 20 hrs $1,760 4 hrs $660 hrs $0 12 hrs $1,020 382 hrs $72,926 $0 $75,878 $20,521 $36,460 $762,960 $968,745 PROJECT TOTAL with OPTIONAL TASKS 4 hrs $1,060 20 hrs $4,700 311 hrs $69,975 80 hrs $17,200 174 hrs $35,670 272 hrs $50,320 414 hrs $69,552 92 hrs $8,096 107 hrs $17,655 14 hrs $1,400 38 hrs $3,230 1526 hrs $278,858 $550 $131,392 $62,548 $102,783 $762,960 $1,339,091 Client: City of Calistoga
Principal
Engineer
Engineering
Intern II Engineer V
Date: June 27, 2022
Project Manager VI Project Manager V
Consultant: Bennett Engineering Services IncProject: Riverside Ponds & Headworks Mitigation Project - Phase II Fee Estimate 235 $/hr 225 $/hr 185 $/hr TOTAL
MISC.
EXPENSES
Administrative
85 $/hr
BEN|EN
Subtotal Geocon JCE Panorama Ghirardelli 168 $/hr
Engineer II
205 $/hr
Task 5 - Final Design DocumentsTask 3 - Environmental Permits, Approvals and CoordinationTask 2 - Geotechnical InvestiagationTask 1 - Project Management Engineer III
Task 4 Hydraulic Model EvaluationTask 6 - Project Bidding Services Designer III
265 $/hr 215 $/hr 88 $/hr 165 $/hr
Engineer VI Project Controls Specialist
100 $/hr
Additional Fee Information
This fee estimate contains an abbreviated list of staff classifications and does not restrict BEN|EN to those classifications. The Standard Rate Schedule with a full list of staff classifications is available upon request. This fee estimate contains an approximation of the breakdown between labor, expense, and consultants. BEN|EN reserves the rights to distribute funds differently based on project needs.Standard hourly rates do not apply to a demand to perform work during an overtime period. Work required to be performed during an overtime period (as mandated by California law) may be charged at a 50% premium. Work mandated by Prevailing Wage laws may be charged at a 25% premium.Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above.Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount.
N:\Proposals\p22203-Calistoga-Riverside Ponds and Headworks Mitigation\p22203-Prelim Scope & Fee\p22106 Calistoga Riverside Ponds Fee Estimate 20220627 Page 1 of 1 Item #7.2.
6 EXHIBIT F
FEMA FEDERAL PROVISIONS
I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.
B. FEMA means the Federal Emergency Management Agency.
C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.
II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non–Federal Entity Contracts Under Federal Awards, which is included herein by reference.
Contractor's failure to so comply shall constitute a material breach of this contract.
B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
III. ACCESS TO RECORDS
A. The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the City, Item #7.2.
7 FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.
D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in Section 21 of the Agreement.
IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov. Code § 4477.
C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of Attachment 1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment 1, Contractor is the “prospective lower tier participant.”
D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.
E. This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder Item #7.2.
8 or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3)
Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.
A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.
B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Item #7.2.
9 VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR §13.36(i)(4))
Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;)
To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to the requirements set forth in Section 19(b) of the Agreement.
A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.
B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for County, select “Napa.” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search. (1)
IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence) A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.
B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Item #7.2.
10 C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.
D. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.
E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.
X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.
B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
Item #7.2.
11 1) The copyright in any work developed with the assistance of funds provided under this Agreement;
2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.
B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR §13.36(i)(8))
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.
B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.
C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.
XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).
B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
Item #7.2.
12 XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year)
A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.
C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.
XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000)
See Paragraphs 10 and 11 of the Agreement.
XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraphs 9 and 11 of the Agreement.
XVII. CHANGES.
See Paragraph 17 of the Agreement.
XVIII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. Contractor agrees to the provisions of Attachment 2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).
Item #7.2.
13 C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XIX. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as non-responsive and/or be considered as a material breach of the contract.
PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported.
(2)
"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONTRACTOR fails to take the steps outlined below shall cause the bid to be rejected as non-responsive and/or be deemed a material breach of the contract.
A. Place qualified small and minority businesses and women's business enterprises on solicitation lists;
B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
Item #7.2.
14 E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.
F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2 CFR 200.321.
(3)
XX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
XXI. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.
XXII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
XXIII. DHS SEAL, LOGO, AND FLAGS.
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.
Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 61 9 Attachment A1
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.
Instruction for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 62 10 Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Contractor Signature Date
March 10, 2022
Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 63 11 Attachment A2
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor Signature Date
March 10, 2022
Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 64 Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 65 Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 66 Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 67 9 Attachment A1
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.
Instruction for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 68 10 Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Contractor Signature Date
02/25/2022
Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 69 11 Attachment A2
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor Signature Date
02/25/2022
Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 70 Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 71 Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 72 Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 73 9 Attachment A1
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.
Instruction for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 74 10 Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Contractor Signature Date
February 25, 2022
Item #7.2.
BENNETT ENGINEERING SERVICES | CITY OF CALISTOGA Page 75 11 Attachment A2
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor Signature Date
February 25, 2022
Item #7.2.
Consultant Services Agreement Riversided
Ponds Project - Revised 07.08.22
Final Audit Report 2022-07-08
Created: 2022-07-08
By: Melanie Reynolds ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAlpeUt0_mILIpoJBOY_7KjOUYSMuWiH9_ "Consultant Services Agreement Riversided Ponds Project - Rev ised 07.08.22" History
Document created by Melanie Reynolds ([email protected]) 2022-07-08 - 4:20:22 PM GMT
Document emailed to [email protected] for signature
2022-07-08 - 4:21:20 PM GMT
Email viewed by [email protected]
2022-07-08 - 4:41:02 PM GMT
Document e-signed by Leo Rubio ([email protected])
Signature Date: 2022-07-08 - 4:48:38 PM GMT - Time Source: server Agreement completed.
2022-07-08 - 4:48:38 PM GMT
Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 19 2022
Subject: Rental of a temporary Generator for Rancho De Mobile Home Park DESCRIPTION:
Consider adopting a Resolution that authorizes the City Manager to execute a Purchase Order agreement with Herc to provide a portable 1000kW generator to provide temporary power for Rancho De Mobile Home Park during Public Safety Power Shutoff (PSPS) events.
RECOMMENDATION:
Consider adopting a Resolution
BACKGROUND/SUMMARY:
On March 2, 2021, city council adopted a resolution to purchase and install emergency back-up generators for the Rancho De Mobile Home Park with Public Safety Power Shutoff Resiliency grant that the California Office of Emergency services awarded to the city. The available grant funds for the project was $248,000 and the City Manager was authorized to proceed with the purchase.
Damaged Generator
The generators were purchased through Leete Generators who hired Blue Star to build the two new 400kW units. One of the generators was severely damaged during transport by an overpass. The second 400kW generator was on a different truck and was safely delivered and being stored in Santa Rosa and awaiting installation when the replacement generator arrives. The two generators must be installed at the same time.
The city was notified in early September 2021 of the accident. The damaged generator was sent back to the factory for inspection/repair/assessment. There was a back and forth with Leete and city staff assessing damage and due to significant damage done to the generator and concerns over long-term reliability, staff ordered a new generator at increased cost in November with anticipated delivery in April 2022. Blue Star has failed to meet multiple delivery dates and most recently yet again moved the delivery date, this time to August. Staff is extremely frustrated with the level of service we are receiving from Leete and has requested Leete pay for the rental and additional replacement generator. To date, they have declined. Staff has requested the city attorney review our options.
Temporary Replacement Plan
Staff is concerned that even if we receive the generator this summer and will still have at least another month to coordinate installation activities (e.g. crane rentals, week to delivery by truck, AF-Electric sub-contractor wiring/installation, Leete to test and commission) and that Rancho De Mobile Home Park (MHP) will not have emergency backup power for this season's PSPS events. As a result, staff Item #7.3.
requested quotes from for temporary/portable generator. We have reserved one from Herc who had the lowest bid for August 1st as a plan B to ensure backup power for the MHP community.
Staff is seeking city council approval of the city renting a temporary portable generator to provide backup power, until the new generators can be installed. Staff has confirmed with the rental company that we will only be charged for the rental time used and if we are able to get the permanent generators installed during this years PSPS season, we can return the portable and only be charged for the time used.
Furthermore, while staff is requesting reimbursement from Leete generators and A contribution from the MHP owner to reimburse the city for the rental cost, city council direction is necessary as to whether securing reimbursement is a condition of the rental or not.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The recommended action conforms to Council Goal 3: Establish, Improve and Maintain City Infrastructure.
CEQA STATUS:
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures).
FINANCIAL IMPACT:
The total not to exceed amount for the project is $93,000 for a three-month rental/install/fuel cost. We are requesting a budget adjustment be made to Account #01-5602-4915 to cover the additional cost with unappropriated general fund reserves.
ATTACHMENT(S):
Temp Gen Reso Attach 1 EDITED
City of Calistoga Mobile Home Park Temp 1000kw Gen Proposal APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Jul 08 2022 Gloria Leon, Administrative Services Director Approved - Jul 08 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #7.3.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE ORDER AGREEMENT WITH HERC TO PROVIDE A PORTABLE 1000KW GENERATOR TO PROVIDE TEMPORARY POWER FOR
RANCHO DE MOBILE HOME PARK PSPS EVENTS
WHEREAS, On March 2, 2021, city council adopted a resolution to purchase and install emergency back-up generators for the Rancho De Mobile Home Park with Public Safety Power Shutoff Resiliency grant that the California Office of Emergency services awarded to the city. The available grant funds for the project was $248,000, and the City Manager was authorized to proceed with the purchase; and WHEREAS, The generators were purchased through Leete Generators had Blue Star build the two new 400KW units; and
WHEREAS, during delivery the driver hit an overpass enroute with one of the generators, severely damaging the 400Kw generator; and
WHEREAS, due to significant damage done to the generator and concerns over long-term reliability a new generator was ordered in early November 2021 with anticipated delivery in April 2022; and
WHEREAS, Blue Star has had multiple delivery delays; and WHEREAS, Staff is concerned that even if we receive the generator this summer we will still have at least another month to coordinate installation activities (e.g. crane rentals, week to delivery by truck, AF-Electric sub-contractor wiring/installation, Leete to test and commission) and that Rancho De Mobile Home Park (MHP) will not have emergency backup power for this season’s PSPS events; and
WHEREAS, staff received two bids for a temporary portable generator and recommends Herc, the lowest bidder, for a rental with installation up to three months to cover PSPS season for the MHP; and
WHEREAS, Staff has asked Leete to pay for the rental unit and is working with the City attorney to determine legal options; and
WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA.
ATTACHMENT 1 Item #7.3.
Resolution 2022-XXX
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY:
1. Authorizes the City Manager to execute a purchase order not to exceed $93,000 for a three-month rental/install cost.
2. Authorizes a budget adjustment in the amount of $93,000 be added to the existing Rancho De Generator CIP project in the FY 22/23 budget account #:01-5602-4915.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________
__________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.3.
Quote #: 54292318 Date:06/06/2022
Herc Rentals Quotation
Detail Report
Seller:
E-Mail:
Phone:
RYNE THOMAS
Branch Name:
Address:
Phone: 510-633-2040
Branch #:
705 HERC OAKLAND PROSOLUTIONS
7727 OAKPORT STREET,
705
510-301-4352
City, State: OAKLAND, CA 94621
Customer Information Jobsite Information
Address: 1232 WASHINGTON ST Contact:
Address:
Phone:
ANDY BALAGUY
2412 FOOTHILL BLVD,
530-848-7938
City, State: CALISTOGA, CA 94515
CALISTOGA, CA 94515 Phone: 707-942-2828 City, State:
Name: CITY OF CALISTOGA Site Name: RANCHO DE CALISTOGA MOBILE PK Dear ANDY BALAGUY,
Scope Of Work
Thank you for considering Herc Rentals and taking the time to outline your project needs. In reviewing your project, the Herc Rentals team is well positioned to meet your requirements. We are pleased to submit our solution, which outlines the project scope, pricing and support services. We will follow up shortly to answer any questions you may have and define next steps.
Provide customer with temporary generator and cables. Electrician to install the Herc provided 4/0 male camlock pigtails into switch gear and to connect the Herc provided 4/0 camlock cables from the switch gear to the generator. Generator to be set to 208v/ 3 Phase Once again, thank you for your interest in Herc Rentals, I look forward to working with you on this project. Please do not hesitate to contact me if you have any questions about this proposal.
Sincerely
RYNE THOMAS
510-301-4352
Estimated Start Date & Time:
Estimated Return Date:
Current Project Schedule
06/09/2022 10:00 AM
07/07/2022
Item #7.3.
Quote #: 54292318 Date:06/06/2022
Herc Rentals Quotation
Equipment Pricing
Equipment Scope Rental Rates Estimated
Total Quantity Cat-Class Description Shift Day Rate Week Rate Month Rate 1 501-2100 1000KW GENERATOR DSL S $ 2,650.00 $ 6,908.00 $ 19,792.00 $ 19,792.00 35 940-0815 CABLE 4/0 50FT CAMLOCK S $ 20.00 $ 30.00 $ 90.00 $ 3,150.00 35 940-0880 MALE PIGTAIL 4/0 UNDER 10FT S $ 2.00 $ 8.00 $ 16.00 $ 560.00 35 940-0870 FEMALE PIGTAIL 4/0 UNDER 10FT S $ 3.00 $ 8.00 $ 20.00 $ 700.00 Rental Protection Plan
Customer has either elected to provide Certificate of Insurance prior to the rental commencing or will be utilizing Herc's Rental Protection plan.
Estimated Project Cost Based On Scope Of Work
Equipment
Transportation
Labor
Fuel
Sales / Miscellaneous
Preventative Maintenance
Rental Protection Plan
$ 24,202.00
$ 1,080.00
$ 0.00
$ 0.00
$ 0.00
$ 640.00
$ 0.00
Emission & Environmental Surcharge
VLF
Transportation Surcharge
Estimated Subtotal
Estimated Tax
Estimated Total
$ 391.88
$ 0.00
$ 270.00
$ 26,583.88
$ 2,060.25
$ 28,644.13
Additional Information
*Additional Taxes & Fees May be applied & Vary by State, Locations & Application *Please note any PM charges listed are for one billing period *Please note additional charges may applied if drivers experience wait times/delays during delivery *Rental Quote is valid through: 07/09/2022
Item #7.3.
Quote #: 54292318 Date:06/06/2022
Herc Rentals Quotation
Payment Terms: Net 30 Days
Thank you for your interest in Herc Rentals. Please contact me if you have any questions or comments.
Assuring you our best attention at all times.
Sincerely,
Herc Rentals
Please see our website for a list of services and associated charges at HercRentals.com
Item #7.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Jul 19 2022
Subject: Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361)
DESCRIPTION:
Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.
RECOMMENDATION:
Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.
BACKGROUND/SUMMARY:
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. With the surge of COVID-19 Delta Variant cases and the Executive Order N-08-21 sunsetting on September 30, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom on September 16, 2021. AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3) if there is a state of emergency, and the legislative body makes certain factual findings regarding the state of emergency.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 will sunset on January 1, 2024.
Though adopted in the context of the pandemic, AB 361 allows for virtual meetings during other stateproclaimed emergencies, such as wildfires and earthquakes, where physical attendance may present a risk.
When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, to continue to meet under these abbreviated teleconferencing procedures.
AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. In order to have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council adopted Resolution 2021-071 stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
Item #7.4.
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committees, Commissions, and Boards to meet safely in person; and
2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.
AB 361 requires City Council to make these findings every 30 days to continue teleconference meetings. On October 5, 2021, Council adopted Resolution 2021-071, making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. Council has continued to reaffirm this resolution. Staff will continue to agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings may be periodically necessary.
AB 361 also has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings. These requirements include:
• Providing notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored.
• Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
• Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.
The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361 and there will be no change to the currently established teleconference procedures.
CEQA STATUS:
The proposed Resolution is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.
FINANCIAL IMPACT:
There are no direct financial impacts from the enactment of the Resolution.
ATTACHMENT(S):
Attach 1 - Reso 2021-071 AB 361 Teleconferenced Public Meetings APPROVAL(S):
Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #7.4.
RESOLUTION 2021-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO
IMPLEMENT TELECONFERENCED PUBLIC MEETINGS FOR CITY COUNCIL AND
ALL CITY COMMITTEES, COMMISSIONS AND BOARDS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, COVID-19 is a respiratory disease which has now spread across the globe, with thousands of confirmed cases in California, including the City of Calistoga; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency on in response to COVID-19 on March 4, 2020; and
WHEREAS, on March 16, 2020, the City Manager of the City of Calistoga proclaimed the existence of a local emergency related to the COVID-19 threat; and WHEREAS, the Calistoga City Council has the explicit power "to proclaim the existence or threatened existence of a "local emergency" if the city council is in session" or ratify the proclamation of a "local emergency" if the City Manager declares one while Council is not in session; Accordingly, this authority resides with City Council not with any of the Committees, Commissions, and Boards; and
WHEREAS, on March 20, 2021, City Council ratified the local emergency declaration proclamation by the City Manager related to COVID-19 with Resolution No. 2020-020; and WHEREAS, to mitigate the spread of COVID-19 the Centers for Disease Control and Prevention recommends that people "Avoid Crowded Spaces," "Choose events that take place outside with enough space for attendees to stay at least six-feet apart"; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged causing spikes in COVID-19 cases throughout the state; and WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021, and amended Government Code Section 54953; and
Attachment 1Item #7.4.
Resolution No. 2021-071
WHEREAS, AB 361 has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings, including:
• To provide notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. • Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. • Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.
WHEREAS, the City is already implementing the above public meeting requirements now codified in Government Code Section 54953(e)(2)(B-G); and WHEREAS, Government Code Section 54953(b)(3) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and WHEREAS, Government Code Section 54953(e)(3)(A-B) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and
2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.
WHEREAS, the City of Calistoga continues to impose or recommend measures to promote social distancing, which includes but is not limited to:
• Requiring staff and the public to wear masks inside City buildings; • Posting COVID-19 safety measures on doors and the City's website; • Placing hand sanitizer stations in City Hall and other public buildings.
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the flowing:
1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council.
Item #7.4.
Resolution No. 2021-071
2. Finds that proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City's Committees, Commissions, and Boards does not meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency
3. Finds that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.
4. Declares that as a result of the findings in provision 3 above, that the Interim City Manager is authorized to implement teleconferenced public meetings for all the City's Committees, Commissions, and Boards pursuant to Assembly Bill 361.
5. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
6. This Resolution shall become effective immediately but directs staff to agendize this Resolution within 30 days for City Council to reconsider the circumstances of the state of emergency and findings of provision 3.
PASSED, APPROVED AND ADOPTED this 5th day of October 2021. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega, and Mayor Canning
None
None
None
~~
Item #7.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Jul 19 2022
Subject: Agreement with Calistoga Tribune for Publication of Legal Advertisements for Fiscal Year 2022-23
DESCRIPTION:
Consider adopting a Resolution authorizing the City Manager to execute an agreement for consultant services with Calistoga Tribune for publication of legal advertisements in an amount not to exceed $15,000 for Fiscal Year 2022-23.
RECOMMENDATION:
Consider Adopting Resolution
BACKGROUND/SUMMARY:
Each year, in accordance with Public Contract Code §20169, cities that have more than one newspaper of general circulation must publish a notice inviting bids for the publication of legal advertisements. The City currently has two adjudicated newspapers within the City: The Weekly Calistogan, published by the Napa Valley Publishing Company, and The Calistoga Tribune. The Calistoga Tribune is the City's current provider.
Staff published a request for proposals for legal advertising to be submitted to the City Clerk by Monday, July 11, 2022. A proposal was received from The Calistoga Tribune on July 11, 2022. This was the only proposal received.
Proposal Evaluation
The City Clerk established the following as the criteria for review of the proposal received:
1.Completeness of proposal and responsiveness to the RFP
2.Compliance with State and Federal requirements
3.Circulation and coverage
4.Frequency of publication
5.Cost
The following lists the Calistoga Tribune’s response to the five criteria:
Criterion #1: Completeness of proposal and responsiveness to the RFP Staff determined the proposal to be complete and responsive to the RFP.
Item #7.5.
Criterion #2: Compliance with State and Federal Requirements State law requires publication of legal notices in a “newspaper of general circulation.” The Calistoga Tribune meets this requirement of the State definition and the Federal requirement for publication of notices for projects or programs utilizing grant funding.
Criterion #3: Circulation and Coverage
The U.S. Postal Service Statement of Ownership, Management, and Circulation (PS 3526) filed October 4, states that Calistoga Tribune average number of copies of each issue during preceding twelve months was 1,200.
Criterion #4: Frequency of Publication
The Calistoga Tribune publishes one time per week (Fridays).
Criterion #5: Cost
The Calistoga Tribune prepared a sample legal advertisement and display advertisement and provided the cost to run each ad. The Calistoga Tribune proposes to charge $16.50 per column inch for legal notices and display advertisements. The sample legal notice resulted in a cost of $330.30 and the sample display advertisement resulted in a cost of $165.00.
CEQA STATUS:
This item is exempt.
FINANCIAL IMPACT:
The estimated cost for publishing legal notices and display advertisements in Fiscal Year 2022-23 is $15,000, which is included in the Fiscal Year 2022-23 Budget. Additional costs for publication of legal notices for development projects may be required and paid for by the applicant.
ATTACHMENT(S):
Attach 1 - RESO Tribune Agreement
Tribune Response-Proposal to Request for Proposals
Exhibit A - Tribune Consultant Services Agreement (Prof. & Minors_ 5.2022 APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - Jul 12 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #7.5.
RESOLUTION NO. 2022-0XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR CONSULTANT SERVICES WITH CALISTOGA TRIBUNE FOR PUBLICATION OF LEGAL ADVERTISEMENTS IN AN AMOUNT NOT TO EXCEED $15,000 FOR FISCAL YEAR 2022-23
WHEREAS, the City publishes legal advertisements in a newspaper of general circulation pursuant to Government Code § 6060 et al; and
WHEREAS, each year, in accordance with Public Contract Code §20169, cities that have more than one newspaper of general circulation must publish a notice inviting bids for the publication of legal advertisements; and
WHEREAS, the City currently has two adjudicated newspapers within the City: The Weekly Calistogan, published by the Napa Valley Publishing Company, and Calistoga Tribune; and WHEREAS, the City published a request for proposals for legal advertising to be submitted to the City Clerk by Monday, July 11, 2022.; and
WHEREAS, one proposal was received from the Calistoga Tribune and staff determined that the proposal is complete and responsive and recommends that the City Council accept the proposal from the Calistoga Tribune; and
WHEREAS, the City Council reviewed the staff report and proposal and finds that the proposal is responsive and responsible; and
WHEREAS, the City desires to enter into an agreement with Calistoga Tribune for City-wide legal advertising.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY authorize the City Manager to execute an agreement substantially in accordance with the agreement for consultant services attached as Exhibit A, for publication of legal advertisements with Calistoga Tribune in an amount not to exceed $15,000 for Fiscal Year 2022-23.
PASSED, APPROVED AND ADOPTED this 19th day of July 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _____________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.5.
July 1, 2022
Calistoga
ribune
CALJFORNIA NEWSPAPE!l Ptml!SHl!R.S AssoCIIJJON Ml!MBPl!.
P.O. Box 1176, Calistoga, CA 94515
(707) 942-5181 • [email protected]
Pat Hampton and Ramona Asmus, Publishers
EsTABLISHl!D APRll. 2002
Dear Calistoga staff and City Council members:
RECEIVED
JUL 11 2022
CITY CLERK
Please accept this letter along with our response to your Request for Proposals for Legal Advertising for the 2022-23 Fiscal Year.
We remain an independent, family-owned newspaper that began publishing in 2002 in response to the community's request for a local, hometown newspaper. Our reputation in the community over the last 20 years is one of accuracy, professionalism, and dependability.
The Tribune is honored to have been selected by the City Council for the city's legal advertising contract since 2006. We hope to have your support again this year. As the only newspaper in town now, coupled with the flexibility we have shown on deadlines, and the professionalism of our legals editor, Ellen Smith, we feel the Tribune is still the best choice for the city.
Thank you for your consideration,
Pat Hampton
KIM BELTRAN, EDITOR • ELLEN SMITH, LEGALS • JACOB TUCKER, SPORTS WRITER • Clffi.ISTY WEBB, ADVERTISJNG • NICOLE BELTRAN, OFFICE MANAGER Item #7.5.
CITY OF CALISTOGA
REQUEST FOR PROPOSALS
LEGAL ADVERTISEMENTS
FOR FISCAL YEAR 2022-23
Proposals Due By 2:00 PM, Monday, July 11. 2022
INTRODUCTION
The City of Calistoga (City) is soliciting proposals for the provision of official advertising services pursuant to Section 6000, et seq. for the City for a 12-month period beginning July 1, 2022. Upon selection of the most qualified, cost effective and responsive adjudicated newspaper (Contractor), the City will execute a contract for services.
This Request for Proposal (RFP) describes the City's basic needs. You are encouraged to identify other services beyond these minimum required services which you can provide to address the City's needs and describe any progressive approaches that would reduce City costs and/or increase advertising efficiency and effectiveness.
DESIGNATION
During the period of this contract, the newspaper shall be known and designated as the "official newspaper of the City of Calistoga" as required by Government Code Section 6000, et seq.
SCOPE
The scope of services desired includes, at a minimum, the advertising by the City of Calistoga in accordance with State and local regulations: e.g., Sections 6000 through 6040 of the Government Code.
TYPE OF LEGAL ADVERTISING
Official legal notices for the City of Calistoga will consist of printing and publishing the following:
(1) Ordinances; (2) Public Hearing/Meeting notices; (3) Formal Bid notices; (4) Election notices.
COPIES OF ADVERTISEMENT
During the term of the contract two Affidavits of Publication to the City Clerk within one week of the last publication of the item.
PUBLISHING SCHEDULE
Advertisements and notices shall be placed in the body of the newspaper and shall be published for the number of days directed by the officer requiring such publication. Publishing of advertisements and other notices on a supplemental sheet to the newspaper will not be acceptable.
In the event that the newspaper that is awarded the advertising contract for the City of Calistoga is unable to publish on the date required by the City, the City may choose an alternative newspaper in order to meet publication deadline/requirements.
ACCURACY OF PUBLISHING
The Contractor shall submit a draft to be proofread by the respective City department. If errors are found after the sample proof has been checked, a revised corrected proof shall be submitted immediately to said department for approval prior to the publication of the printed advertisements or notices. All printing done hereunder that does not strictly comply with the copy or copies furnished shall be corrected and republished by and at the expense of the Contractor.
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
NON-COMPLIANCE
Contractor shall first proofread all printing done under this contract before submitting the same to the City for checking, and if upon checking by City errors are found, City may request a revised proof for approval before publication of the same by Contractor. In case it is necessary to republish due to the fault of the Contractor, no charge, or charges shall be made for the previous printing or publication, and should the same not be republished, no charge whatsoever shall be made to City thereof.
Contractor shall provide miscellaneous advertising requirements of the City. Contractor shall submit appropriate price list with the bid.
LEGAL NOTICE TYPE REQUIREMENTS
Unless otherwise directed by the City, all legal advertising shall be set at no larger than eight (8) point type.
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
GENERAL SPECIFICATIONS
PROPOSAL
In the determination of awarding the contract, the City Council shall be the sole judge as to which bid best meets the needs and requirements of the City and its decision shall be accepted as final.
CONTRACT
A Professional Services Agreement with appropriate attachments is to be completed, signed, and dated by the Contractor. A current Calistoga Business License is to be in effect during the term of the contract.
All insurance certificates as indicated in the attached professional services agreement must be submitted with the proposal.
This entire Request for Proposal, or any item(s) thereof, shall become part of the contract upon its acceptance by the City Council of the City of Calistoga. The complete contract shall consist of the Notice Inviting Request for Proposals, the entire Proposal (including Specifications), or any item(s) thereof, addenda. Additional provisions will be added to the final contract consistent with this notice. Contractor will be provided with a copy of the executed contract.
TERM OF CONTRACT
The term of any contract awarded pursuant hereto shall be from July 1, 2022 through June 30, 2023.
ELECTRONIC DELIVERY
Contractor shall have the capability to receive typeset matter and proofs via email. Contractor shall provide City an email address to be used for transmission of typeset matter.
TERMINATION/PENAL TIES
Whenever, in the opinion of the City, the said service is unsatisfactory, the Contractor shall be advised of the reasons. If the Contractor fails to correct the unsatisfactory conditions within five days, the City may declare this contract terminated and contract with another supplier. It shall be understood and agreed that the contract may be terminated by either party upon thirty days written notice.
Whenever Contractor has confirmed receipt of an ad placement either electronically or by facsimile and/or City has returned to Contractor an approved ad proof and Contractor then fails to publish the advertisement on one or more of the dates already confirmed and approved, the next ad placement of similar nature shall be published at no cost to the City for the same number of run dates that were missed by the Contractor.
Notwithstanding any provision to the contrary, City shall have no obligation to give more than two notices of unsatisfactory performance in any calendar year. In the event two such notices of unsatisfactory performance are given in any calendar year, and in the event that Contractor shall again fail to satisfactorily perform services pursuant to this Contract, City may thereupon terminate this contract immediately.
RATES
The rates proposed to be charged the City shall be designated for each column inch for a first publication, each column inch for a second publication, and each column inch for all additional publications. Each bid shall indicate that the rates proposed to be charged the City do not exceed the customary rates charged by the bidder's newspaper for the publication of legal notices of a private character.
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
PAYMENT AND INVOICING
Invoices shall be mailed or delivered to City of Calistoga, Attention: City Clerk, 1232 Washington St, Calistoga, CA 94515. Invoices shall include the name of the City Department and/or City Employee who ordered the advertising; or a coding system sufficient to enable the City Clerk to identify the department responsible for placing the order. City shall pay to the Contractor in due course of payments following the end of calendar month and the receipt from the Contractor of invoices for material delivered by the Contractor and accepted by the City during such calendar month.
NOTE: Payment may be seriously delayed if invoices do not clearly reflect contract number and department number as provided by City at time of submission of advertisement.
EXPENDITURES
Total annual expenditures under this contract are estimated (without guarantee) to be: $15,000.
PAYMENT TERMS
Describe timely payment discount offered, if any.
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
SECTION A: BID PROPOSAL FORM
. PROPOSALS DUE: One copy of the bid proposal in a sealed envelope, marked "Response to RFP for Legal Advertising" in the bottom left-hand corner, shall be delivered to the City Clerk of the City of Calistoga, 1232 Washington Street, Calistoga, CA 94515, no later than 2:00 PM on Monday, July 11, 2022. POSTMARKS NOT ACCEPTED. Proposals may be delivered by express mail, regular mail, or "in person.
QUESTIONS: Contact City Clerk Marni Rittburg at 942-2807 or. [email protected].
PRINTING OF OFFICIAL AND LOCAL CLASSIFIED ADVERTISING to be furnished to the City of Calistoga during the period commencing July 1, 2022 through June 30, 2023.
SECTION A: GENERAL
1. This newspaper is published ONE day(s) per week, on the following days FRIDAY
2. Indicate column format: Legal: 1.5 inches Display 2 inches
3. This newspaper observes the following holidays: New Year's Day; MLK Jr. Day; Memorial Day; July 4; Labor Day; Thanksgiving; Christmas
The deadline to submit publications for holidays is: At least one week prior to holiday to ensure adequate notice.
4. Can your newspaper reduce blueprint drawings/maps for publication?YES
5. If so, is there an additional cost (indicate cost) NEGOTIABLE
6. If proofreading is required by the City, what is the deadline to submit information? Legals NOONTUESDA Y
DisplayNOON TUESDAY
7. DECLARATION OF NON-COLLUSION
The undersigned certifies (or declares) under penalty of perjury that this bid is genuine and not sham or collusive, or made in the interest or on behalf of any person, firm, or corporation not herein named; that the contractor has not directly or indirectly induced or solicited any other contractor to put up a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the contractor has not in any manner sought by collusion to secure to himself any advantage over other contractors.
8. DECLARATION OF ADJUDICATION
The undersigned certifies (or declares) under penalty of perjury that the named newspaper is adjudicated as a newspaper of general circulation by the State of California (as defined by Government Code Section 6000, et seq.).
9. ERRORS AND OMISSIONS
The undersigned understands and agrees that the City of Calistoga will not be responsible for any error or omission on the part of the undersigned in making this proposal.
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
9. DECLARATION OF NON-DISCRIMINATION
In the performance of any contract awarded pursuant to these specifications, the undersigned understands and agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, physical handicap, race, color, religion, ancestry, or national origin. Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment without regard to their age, sex, marital status, physical handicap, race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices paragraph.
EXECUTED AT: CALISTOGAON THE 1ST DAY OF JULY, 2022
BY JJ~f::tQ-= ,_puBUSHER
on behalf of CALISTOGA TRIBUNE
(Service Provider)
(Title)
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
SECTION B: LEGAL ADVERTISING
1. Legal advertising to be accomplished as no larger than eight (8) point on 9.5 leading. 2 See the enclosed "Exhibit 1": Please typeset and indicate cost to publish as a legal ad. 3 Dollar rate per column inch:$ 16.50
4 $ 330 ,3 0( cost estimate)
SECTION C: DISPLAY ADVERTISING
ITEM DESCRIPTION
1. Display advertising to be accomplished as follows: Format: ROP (Run of Publication)
2. Does the rate change, depending upon number of publications or size of ad? Yes ___ No X If so, please indicate
RATE IS PER COLUMN INCH, SO AS AD SIZE INCREASES TOTAL COST INCREASES BUT PER-INCH RATEREM~NSTHESAME
3. See the enclosed "Exhibit 2" to typeset and set up as 2 column by 6-inch ad.
4. Dollar rate per column inch: $16.50
5.$ 165,00 ( cost estimate)
Item #7.5.
NOTICE OF CONSIDERATION
BY THE CALISTOGA CITY COUNCIL
Exhibit 1
NOTICE IS HEREBY GIVEN that the City Council of the City of Calistoga, California will hold a public hearing at its regular meeting on Tuesday, May 3, 2022, at or after 6:00 p.m. The item is:
Consider the vacation of a portion of the Gold Street right-of-way (SV 2021-1). Property owner request for a Street Vacation Application of the portion of Gold Street, between Myrtle Street and Foothill Boulevard. The City of Calistoga General Plan Circulation Element and Housing Element support the proposed street vacation and the parcel is depicted as a potential development site with a General Plan Designation of Medium-Density Residential with a zoning designation of R-1: Single-Family Residential. The action is not subject to the California Environmental Quality Act (CEQA) under Section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed vacations may have a significant effect on the environment.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar. To maximize public safety while still maintaining transparency and public access, members of the public can observe and participate in the meeting from home in one of the following ways:
1. Watch on your TV- Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate on your phone -dial 1-669-900-6833, enter webinar ID: 829-0729- 5419, password: 123201
3. Watch or participate online via Zoom at
https://us02web.zoom. us/j/82907295419?pwd=Qkh2d05YV25wVXdhbkU5dVY 1 QmlF QT09 enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER: Email or mail your comment to the City Clerk at [email protected] or 1232 Washington Street, Calistoga, CA 94515. Written public comments received before 4:00 PM on the day of the meeting will be provided to the City Council and included in the record. Comments received after 4:00 PM will be made part of the written record but will not be read verbally at the meeting. If a comment is received after the item is heard but before the close of the meeting, the comment will still be included as a part of the record but will not be read aloud. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted.
Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/enus/articles/205566129-Raise-Hand-l n-Webinar.
On Tuesday, April 26, 2022, at 4:30 pm, the City Council staff report for this item will be available online at www.ci.calistoga.ca.us, and at the City Clerk's office located at 1232 Washington Street. For additional information, please contact the Public Works office at 707.942.2828. i~~ M ni Rittb;g:~
Dated: April 19, 2022
Item #7.5.
EXHIBIT 1
Legal Notice - as we would set it
City Council/ M. Rittburg
Muni Code Amendment ZOA 2020-3
(From PHN - Municipal Code 11tle 17 Zoning CC 2.16.2021 to Run 2.5.2021) February 5, 2021 Publication/Calistoga Tribune
NOTICE OF PUBLIC HEARING
BY THE CALISTOGA CITY
COUNCIL
NOTICE IS HEREBY GIVEN, that
the City of Calistoga will hold a
public hearing at its regular meeting on Tuesday, February 16, 2021 at 6:00 p.m.
COVID-19 NOTICE
The City of Calistoga is committed
to public participation in City government in a manner that is consistent with guidance and Health Orders issued by the Napa County
Public Health Officer and the
Governor's Executive Orders N-69-
20, N-29-20 and N-25-20, which
suspend certain requirements of
the Brown Act. This Meeting is necessary so that the City can conduct necessary business and is permitted under the Napa County Health Order No. 20-06 as an Essential
Governmental Function. Consistent
with the above-referenced Orders,
this meeting will not be physically
open to the public. City Councilmembers and staff will be video/ teleconferencing into the meeting.
To maximize public safety while still
maintaining transparency and public access, members of the public can observe and participate in the
meeting from home. Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to
stay engaged, so several alternatives are offered. Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV - Napa
Valley TV Channel 28 (call your
cable provider to ensure you have
a City of Calistoga coded cable
box)
2. Listen on your phone - dlal
1-669-900-6833, enter weblnar
ID: 829-0729-5419, password:
123201
3. Watch onllne via Zoom at
https ://us 02web.zoom. us/j/
82907295419 ?pwd=Qkh2d05YV2
5wVXdhbkU5dVY1 Qm/FQT09
enter password: 123201
4. Watch onllne via YouTube Live
al youtube.com/cityofca.listoga
PUBLIC HEARING ITEM:
Munlclpal Code Amendment
ZOA 2020-3:
Consideration of a recommendation from the Planning Commission to the City Council of proposed amendments to the Calistoga Municipal Code Title 17
Zoning. The amendments are
intended to modify the limits and
requirements for new tasting
rooms in the Downtown Commercial and Community Commercial Zoning Districts. This proposed action is exempt from the California Environmental Quality
Act (CEQA) under Section 15305
of the CEQA Guidelines.
COMMENT ON THIS MATTER:
Please participate in the meeting
by providing public comment on
any item on the agenda or any item
of municipal concern. To comment
during a virtual meeting (Zoom),
click the "Raise Your Hand" button to request to speak when Public Comment is being taken on
the Agenda item. You will be
unmuted when it is your turn to
make your comment for up to 3
minutes. After allotted time, you
will be re-muted. Instructions for
how to "Raise Your Hand" are
available at: https:l/support.zoom.
us/hc/en-uslarticles/205566129-
Raise-Hand-/n-Webinar.
Alternatively, email or mail your
comment to the City Clerk at
[email protected]/istoga.ca..us
or 1232 Washington Street, Calistoga, CA 94515. Comments received before the meeting will be provided to the City Council and
included in the record. Comments
received during the meeting, prior
to the close of the public comment
period, will be read aloud during
the public comment period for the
specified item. The comment will
only be read for a maximum of
three minutes, or as determined by
the Chair. If a comment is received
after the item is heard but before
the close of the meeting, the comment will still be included as a part of the record but wi II not be read
aloud. Every effort will be made to
read your comment aloud, but
some comments may not be read
due to time limitations, as determined by the Chair.
REVIEW OF INFORMATION:
The City Council Meeting Agenda
and staff report for this item will
be published online at www.ci.
ca/istoga.ca.us by 4:30 p.m. on
Tuesday, February 9, 2021 .
AMERICANS WITH DISABILITIES ACT:
The City can provide special
assistance for persons with disabilities to participate in public meetings. 'fo make a request for
disability-related modification
please contact the City Clerk at
[email protected]./istoga.ca.us or
707-942-2807. If you need assistance or accommodation, please provide notice at least 48 hours
prior to the meeting. For TTY/
Speech-to-Speech users, dial
7-1-1 for the California Relay
Service, offering free text-tospeech, speech-to-speech, and Spanish-language services 24
hours a day, 7 days a week.
BY ORDER OF THE CITY OF
CALISTOGA CITY COUNCIL
Marni Ritlburg, City Clerk
Dated: February 1, 2021
Published February 5, 2021
18.2 column inches x $16.50 column inch (at current rate) = $330.30 Item #7.5.
EXHIBIT2
ADMINISTRATIVE SERVICES TECHNICIAN
City of Calistoga -Salary: $53,940-$65,544 plus benefits. The Administrative Services Technician reports directly to the Administrative Services Director and is responsible for providing a complete range of accounting work including payroll. Requires three years of progressively responsible accounting and payroll processing in a municipal agency. Applications and other information may be obtained from the City of Calistoga, Personnel, 1232 Washington St., Calistoga CA 94515 at (707) 942-2803 or on the City website www.ci. calistoga.ca.us. Deadline to apply is February 3, 2021 4:30 p.m. No faxes or email applications will be accepted.
Item #7.5.
EXHIBIT 2
Display Ad - as we would set it
ADMINISTRATIVE SERVICES
TECHNICIAN
City of Calistoga - Salary: $53,940-$65,544 plus
benefits. The Administrative Services Technician
reports directly to the Administrative Services
Director and is responsible for providing a complete
range of accounting work including payroll. Requires
three years of progressively responsible accounting
and payroll processing in a municipal agency.
Applications and other information may be obtained
from the City of Calistoga, Personnel, 1232
Washington St., Calistoga CA 94515 at (707) 942-
2803 or on the City website www.ci.calistoga.ca.us.
Deadline to apply is February 3, 2021 4:30 p.m. No
faxes or email applications will be accepted.
Pub.1 /20/21
(as the Calistoga Tribune would prepare it were
submitted to us as a document for publication)
Display ad size 2 columns (4" width) by 511
height. Cost at present contract rate:
$165.00
Item #7.5.
City of Calistoga
RFP - Legal Advertisements For FY 2022-23
SECTION 0: CIRCULATION
CONTRACTOR'S QUALIFICATION - LEGAL ADVERTISING
Attach a copy of U.S. Postal Service "Statement of Ownership Management and Circulation" Form PS 3526 filed for 2021, and the circulation amount for February 2022. Please also include the number of paid subscriptions in the 94515-zip code area. If available, please verify the news rack sales for the last year. Please include the most recent Weekly Postal Report.
PROFESSIONAL SERVICES AGREEMENT
The selected consultant will be required to enter into a City standard Agreement For Co sultant Services (attached Exhibit 3). Two signed copies of the Agreement For Consultant Services and all other required insurance certifications and documentation shall be submitted to the City within ten (1 0) days of award of the contract, prior to execution of the agreement by the City.
Particular attention should be given to the Indemnity and Insurance sections in the Agreement For Consultant Services. These sections are not negotiable and will be included unaltered in the final agreement.
CONTRACTOR MUST COMPLETE AND SIGN BELOW:
Firm Name CALISTOGA TRIBUNE Phone (707) 942-518)
Address 1007 WASHINGTON ST., SUITE 3, CALISTOGA, CA 94515 (Street) (City) (State) (Zip}
SI 19 -,=-d ~ ha&,,0-/i-n.., I Title --==......,_ PUBLISHER _ ______ _ (Signature of Corporate Officer or person authorized to sign bids and contracts on behalf of the Contractor)
Vendors submitting a sealed proposal for the provision of official City advertising must complete and submit the following form(s) no later than 2:00 PM on Monday, July 11, 2022, to the City Clerk, City of Calistoga, 1232 Washington Street, Calistoga, CA 94515. POSTMARKS NOT ACCEPTED. Proposals may be delivered by express mail, regular mail, or *in person. The sealed proposal must be clearly labeled "Response to RFP for Legal Advertising" in the bottom left-hand corner.
ALL SIGNATURES ON BIDS SHALL BE ACCOMPANIED BY AN APPROPRIATE (i.e.:
CORPORATE, PARTNERSHIP OR INDIVIDUAL) NOTARIAL ACKNOWLEDGMENT. NO BID WILL
BE CONSIDERED FOR AN AWARD OF CONTRACT UNLESS SUCH NOTARIAL ACKNOWLEDGMENT IS RECEIVED.
Item #7.5.
~ !J.NITED ST/JTES IJa POST/JL SERVICE®
Statement of Ownership, Management, and Circulati<>n
(Requester Publications Only)
1. Publication Tille 2. Publication Number 3. Filing Date C.a. l t's~q ~ -fri b v nt: 1 lslt.f ll-f l-l(ls- 1° 1~ ILJ/t.f/2.1
4. Issue Frequency 5. Number of Issues Published Annually 6. Annual Subscription Price W-ed~ut F;--i~s.., ~z. (if any)
,;tp,;z./~47 Sr"S
7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+-4®) Contact Person ~ /007 Wt/f.sh,~/o-.,. st., tt-3 ?til r/atM.P
C4,(,"5(ZJ~~ cA e; If Ci &- Telephone (Include area code) C 1ut) G " , -<"'"'
8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer)
9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Editor (Name and complete mailing address)
~ ~fr'~ . r /J.o. t;.n 111ll.., ~,i ~.> CA e,«1<'1
Managing Editor (Name and complete mailing address)
1 O. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.) Full Name Complete Malling Address
~ 0..,,~ ~ A-s """¼( I',(). f3ey , , 1 ~ J ea..e, :s~ ✓ cA- '9 'FCt r -
--- . - u ~ ---- - - ----1~----------- - ------------
'Fh J- H-a,tM. f?-la,,,,_ P, ~ , ~ tr ?(p ,, e_.a_t, 's ~,::.,J c.fJ- 1 l.f Ct J11 . Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If none, check box. - - ------------ -r i.;i--None Full Name Complete Mailing Address
12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) {Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:
D Has Not Changed During Preceding 12 Months
□ Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement.) PS Form 3526-R, July 2014 {Page 1 of 4 (See instructions page 4)1 PSN: 7530-09-000~855 PRIVACY NOTICE: See our privacy policy on www.usps.com.
Item #7.5.
13. Publication Title - 7r/h u11-e14. Issue Date for ClrculaUon Data Below ccJ,s/-D~ J~f-3~u,2.1
iS. Extent and Nature of Circulation Average No. Coples No. Copies of Single Each Issue During Issue Published .. Preceding 12 Months Nearest to Filing D.1te a. Total Number of Coples (Net press run) 12.00 ( 'Z-C)C) Outside County Paid/Requested Mail Subscriptions stated on PS Form 3541. (Include direct written request from recipient, telemarketing, and lntemel r~~ t<J'(p (1) requests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser's proof copies, and exchange copies.) b. Legitimate
Paid and/or In-County Paid/Requested Mail Subscriptions stated on PS Form 3541.
Requested (Include direct written request from recipient, telemarketing, and Internet (p(, 1 Distribution (2) requests from recipient, paid subscriptions including nominal rate subscriptions, (By mail ·& (; 7 employer requests, advertiser's proof copies, and exchange copies.) and
outside
the mail) (3)
Sales Through Dealers and Carriers, Street Vendors, Counter 1}0 I 10 Sales, and Other Paid or Requested Distribution Outside USPS® (4) Requested Copies Distributed by Other Mail Classes Through the USPS (e.g., First-Class Mail®) -e-- 4-
c. Total Paid and/or Requested Circulation (Sum of 15b (1), (2), (3), and (4)) ► '111, 3
Outside °'' 3 County Nonrequested Copies Stated on PS Form 3541 (include (1) sample copies, requests over 3 years old, requests induced by a premium, -!)__ -e- bulk sales and requests including association requests, names obtained from business directories, lists, and other sources)
d. Non- In-County Nonrequested Copies Stated on PS Form 3541 (include sample requested -&--
Distribution (2)
sales
copies,
and
requests
requests
over
including
3 years
association
old, requests
requests,
induced
names
by a premium,
obtained
bulk
from ~
(By mail business directories, lists, and other sources) and
outside
the mail) Nonrequested Copies Distributed Through the USPS by Other Classes of 4- (3) Mall (e.g., First-Class Mail, nonrequestor copies mailed in excess of 10% -elimit mailed at Standard Mai/® or Package SeNices rates) \
(4) Nonrequested Copies Distributed Outside the Mail (Include pickup stands, trade shows, showrooms, and other sources) -e- --Ge. Total Nonrequested Distribution [Sum of 15d (1 ), (2), (3) and (4)] -&- --&- f. Total Distribution (Sum of 15c and e)
► Cft,3 C,~3
g. Copies not Distributed (See Instructions to Publishers #4, (page #3)) ► 47 lf 7
h. Total (Sum of 15f and g) 10 I D la,o
i. Percent Paid and/or Requested Circulation
► (15c divided by 15ftimes 100) JO()% /~ • If you are claiming electronic copies, go to line 16 on page 3. If you are not claiming electronic copies, skip to line 17 on page 3. \
PS Form 3526-R, July 2014 (Page 2 of4)
Item #7.5.
~ UNITEDSTLlTES
D -POSTAL SERVICE®
Statement of Ownership, Management, and Circulatic,n
(Requester Publications Only)
16. Electronic Copy Circulation
a. Requested and Paid Electronic Copies
b. Total Requested and Paid Print Coples (Line 15c) + Requested/Paid Electronic Copies (Line 16a)
c. Total Requested Copy Distribution (Line 15f) + Requested/Paid Electronic Copies (Line 16a)
<I. Percent Paid and/or Requested Circulation (Both Print & Electronic Copies) (16b divided by 16c x 100)
►
►
►
►
Average No. Copies
Each Issue During
Previous 12 Months
No. Copies of Single
Issue Publlshed
Nearest to Filing Oi1te
□ f certify that 50% of all my distributed copies (electronic and print) are legitimate requests or paid copies.
17. Publication of Statement of Ownership for a Requester Publication is required and will be printed in the __ (9. __ ,t:r~-'8'"-,,_2e> __ 2._._[ ______ _ issue of this publication.
18. Signature and Title of Editor, Publisher, Business Manager, or Owner Date --F~ ~11'-~u;~&- I t) I '-f / 1-f I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).
PS Form 3526-R, July 2014 (Page 3 of 4) PRIVACY NOTICE: See our privacy policy on www.usps.c-~m.
Item #7.5.
USPS PostalOne!
{;ornp§lny JJ.etail
Company Name
Address
Contact Name
Phone Number
Profit Indicator
Account Holder Account Number
. Accoi.int Holder Perinit Number -
Acco-urif~oid~r PE!r.~iftype _ _ Account H_~ider c.-;RtD Post Office of Permit
Post Office of Mailing
Post Office of Permit Cost Center
Post Office of Mailing CrJst Center
Mailing Agent Name
Maiiii1g Aa~nt CRJD
JOBID
Custon1e!'._ Refer_e~c_e_lD
CAPS Transaction Number
Class of Mail
P roc:e~S.i!:19. f_~tE!gory·
pos~ge St~;~rn~~t tp _ Mailing Group ID
Matli(s. .fJla_ii(~ii' !)at!' _ _
Ma'fier Dec!ared Totai. P
0 ieces
Ma°Her Dociar0ci_'rota1 Weight _
· Mailer Declared Weight of a single-piece
• USPS Determined Tota! Copl;is ·•·· . . . .
u~iE*: t>.~.t~_IT,!li~e~ .To.fai '(lleaaRt_ ·· : .. _ USPS Determined Weight of a single-piece • tofurNumb$r of Containers--- .. - . ·-····· ... ,, . .
T_cital_Adj~s,t~~ Po11;ta_9E3
?ay_merit _D_aie _and Ti!Tle
Payment Transaction Number
A d}:u'sfo,~.!1f T!~~sa:~t_io_n ~Nu,nber
Mailer Figures Adjusted?. Person authoi.\"zlng-adjustrrierit Name .,_ . . .... -·-- Phone ·Number .....
Acceptance Site r,;failer ID
Cie~k !~itj~l_s__ _ - · Mail Arrival Date and Time , ..
CALISTOGA TRIBUNE
PO BOX 1176
CALISTOGA, CA 94515-6176
PAT HAMPTot~
(707)942-5131
p
124494
i0698
PE
2988816
Post Office Calistoga CA 945: 5-9998
Post Office Calistoga cA 945 '15-9998
051134~0301 . . - .
051 ~34-0301
WA
Perl~dicals
Flats •
469~2~467
345076564
02/03/2022
865 pcs.
56.2250 lbs.
0.0650 Lbs .
·ass coplei
si§:2250 lbs_-
0.0650 lbs . h. --
s :51,73
02/03/2022 13:52
20220341552'1774M1
No
LAC
02/03/2022 13:41
https :i /www .uspspostalone.com/PostageProcessing We b/placardRecei ptDistribute.do Page: 1 of 2
2/3i2022
Item #7.5.
United States Postal Service Post Office: Note Mail 1\rrival Date & Tane{Do Not Round-Stamp)
Postage Statement - Periodicals
One Issue or One Edition Unless Used as a Consolidated Statement 0 Publication Title and Owner or
News Agent Name
Mailing Agent (Printer or Consolidator)
Name, Address, Telephone, Email
Entry Post Office
Name, State, and ZIP+4
._ Calistoga Tribune
(I)
Folger Graphics Calistoga, CA 94515
(il
2 OJ
C
cu
2 Cl)
OJ
ro
U)
0 0....
C
0 ~ (.)
.;::
·.;:::;
'-
Cl)
u
2::-
c
0 Cl)
Cl)
::J
(f)
0....
(f)
::J
CAPS Cust. Ref. No.~N=/~A~----
CRID NIA
Publication No.
20698
Edition/Code
2339 Davis Ave.
Hayward, CA 94545
Prinler/Consolldator Imprint Penmit No .. ______ _
GRID NIA
Mailer's Mailing Date Stalement Seq. No.
NIA
For Au1cma1ion Pieces ,
Enter Date of Address
Matching and Coding
t---------+---------+---------l-----------; 02/03/2022
Issue Date Issue Frequency Price Category Processing Category (R] Regular O Letters
02/04/2022 D Nonprofit [RJ Flats
D Classroom D Parcels
For Carrier Route Piec1:s.
Enter Date of Address
Matching and Coding
02/03/2022
1-----------+------------+~O=-s_c_ie_nc_e_.o_f._A_gr_ic_ul_tu_re_. ----+------------! ~~:e~~~~: =,°~~err~~~ces.
Weight per Copy far Issue Weight of a Single Number of Addressed Number of Addressed Route Sequencing (Round off to 4 decimal places Ride-Along Piece Pieces Excluding Addr·essed Supplements 0210312022 if necessary) Supplemenls In-County __ _
0.065() pounds 0.0000 pounds
t-------- --+-----------+-----------1 OutsideAdvertising Percentage in This Issue
% 20.000
0 Statement for
bundles/containers
only (if applicable)
Applicable Parts Completed (Select all that apply):
Combined Mailing County
0 Mixed Class O Single Class
Total Part A
Far Pieces Bearing a
Simplified Address. Enter
Date of Delivery
Statistics File or
Alternative Method
Part A-In-County Prices (Postmaster: Report total Part A postage in AIC 224) Part B-Outside-County Pound Prices Total Part B
Part C-Outside-County Piece Prices Total Part C
Part D-Outside-County Bundle Prices Total Part D
Part E-Out:side-County Sack/Tray/Pallet Prices Total Part E Outside-County Postage Subtotal Parts B, C, D & E
Preferred Price Discount Nonprofrt, Classroom, Limited Circulation, Limited Circulation S-cience of Agriculture (Add line B17, and parts C, D, and E Totals) X .05 (all others enter zero) Subtract the Preferred Price Discount from the Outside-County Postage Part F-Outside-County Ride-Along
Total Outside-County Postage (Postmaster: Report total Outside-County postage in AIC 135) Add Total In-County Postage and Total Outside-County Postage $2.7450
$74.5248
$4.3890
$12.7580
$94.4168
= $94.4168
+
Total Postage
(AIC 224 + AIC 135)
No. and 1ype of
Containers
(Enter total number
of containers.}
13 - Sacks
Consolidated
Postage Statement
0 Yes [x] No
$57.31
$94.42
$151.73
The signature of th•~ owner of the publication certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing . subject to appeal. If an agent signs this form, the agent certifies that he or she is authorized to sign on behalf of the owner of the publication and that the owner of the publicati,on is bound by the certification and agrees to pay any deficiencies. In addition , agents may be liable for any deficiencies resuning from matters within their responsibility, knov,ledge. or control.
The owner of the publication hereby certifies thal all information furnished on this form is accurate, truthful, and complete; that the mail and the supporting documentation comply with all postal standards and that the mailing qualifies for the prices and fees claimed; and that the mailing does not contain any matter prohibited t,y law or postal regulation. I understand that anyone who furnishes false or misleading infonmation on this fonm or who omits information requested on this fonm. may be subject lo criminal and/ or civil penalties , including fines and imprisonment.
Privacy Notice: For information regarding our Privacy Policy visit www.usps.com.
Signature of Owner or A~nt Printed Name of Owner or Agent Name and Telephone of Contact Person in Publishers Office
510-887-5656
0 Round Stamp (Recjui~J
,Payment Date
PS Form 3541-1 , August 2021 FACSIMILE CALISTOGA TRIBUNE34791 ZAP OPTION 1 ZC-20211201 ACCUZIP6 5.11.00.
Item #7.5.
Periodicals - One Issue or One Edition - In-County . '
[X]PartA
- Pound Price
Subscriber Nonsubscriber Total Total
Entry Copies Copies Copies Pounds Price Postage
A1 . DOU 586 586 38 0.156 5.9280 -· ·- - ------· ·-- - A2 . None 82 82 5 0.204 1.0200 ··-- -- . A3 . Total Pound Price Postage (Add lines A1 and A2) 668 43 6.9480 -· . - - Piece Price (Presort)
Presort Discount Total Addressed
Copies Pieces Price Postage
A9 . 3-Digit Automation Flats 5 5 0.182 0.9100 --· --- -- ---------·---------------- - - - A 12 . 5-Digit Automation Flats 77 77 0.140 10.7800 --- - -- - . A13. Carrier Route Basic 586 586 0.076 44.5360 ---· - - - ------ A16. Presort Subtotal (..O,dd lines A4-A15) 668 668 56.2260 --- - A 17 . Number of Addressed Pieces at DOU Prices 586 586 0.010 5.8600 - ·--- ·-·--·· --------,___ A18. Piece Price Subtotal (A16 minus A17) 50.3660 - ·- - - Full Service Intelligent Mail Option Presort Discount Total Addressed
Copies Pieces Price Postage
A20. Periodicals In-County Subtotal (A18 minus A19) 50.3660 -·· - Ride-Along Price & Repositionable Notes
Addressed Postage I Pieces
A22 . Part A Total (Add lines A3, A20, and A21 ) 57.3140 - PS Fonn 3541, August 2021, Facsimile calistogatribune34791 20220203 10:14:35 Item #7.5.
~eri~dicals - One Issue or One Edition - Outside-Co1unty [X]Part B
For Nonprofit & Classroom: All commingled nonsubscriber or nonrequester copies over the 10% limit must pay regular prices & use a separate PS Form 3541 .
Outside-County - Pound Prices
- Advertising Pound Prices
Entry Subscriber
Zone Copies Nonsubsc. or Nonreq. Copies
B1 . DDU 33
B4 . 1&2 97 --- -- B5 . 3 15 --- -- 86. 4 19 - - - ---- 87. 5 10 B9. 7 7 --- - - - - _______ B10. 8 ._ 16
B12 . Subtotal (Add lines. B1-B11)
- - - - Nonadvertising l>ound Prices
Total
Pounds minus
B13. DDU I 2
_816. All Others I 11
B17. Subtotal (Add lines B13-B16) - B20. Part B Total - Pounid Price Total (Add lines B12 and 817) [X]Part C
Outside-County - Ph~ce Prices
- Machinable Flats;
C1. Mixed ADC - Barcoded - -------
C3. ADC - Barcoded
C5. 3-Digit/SCF - Barcoded
C6 . 3-Digit/SCF - Nonbarcoded
C7. 5-Digit - Barcoded
- Carrier Route & f:irm Bundles
C29. Basic ---·----- C33 . Subtotal (Add lines C1 through C32) Total
Copies
33 97
15 19 -··- 10
7 16
197
Advertising
Pounds
1 6
C34 . Nonadv. % (100 minus adv. %) 80.0000 x # of Addressed Pcs. (C33) x $0.00111 C35 . Subtotal Outside County Piece Prices (Line C33 minus C34) - Full Service Intelligent Mail Option
C39. Part C Total (Line C35 minus C36)
PS Form 3541, August 2021, Facsimile
Total
Pounds
2 6
1 1
1 1
1 13 ·-
equals
Total
Copies
69 7
74 1
13 Total
Copies
33 197
Total
Copies
Advertising
Pounds Price Postage
1 0.120 0.1200 ·----- - -· ~·-· . '
1 0.292 0.2920
·----1 0.292 0.2920 -- - - -- - 1 0.292 0.2920
- - 1 0.292 0.2920 - - 1 0.292 0.2920 --- - 1 0.292 0.2920 ---- - 7 1.8720 - -- Nonadvertising Price Postage Pounds
1 0.088 0.0880 - - -- --· - 5 0.157 0.7850 --- ...
0.8730
2.7450 - -
Addressed Price Postage Pieces
69 0.579 39.9510 --
7 0.525 3.6750
- -- 74 0.485 35.8900 ----1 0.513 0.5130 - - - - .
13 0.381 4.9530 - -
Addressed Price Postage Pieces
33 0.218 7.1940
- -
197 92.1760 -- 17.6512 - 74.5248
-
Addressed Price Postage Pieces
74.5248 -------. - -
calistogatribune34791I 20220203 10:14:35
Item #7.5.
~eri~dicals - One Issue or One Edition - Outside-Co,unty [X]Part D
Outside-County - Bundle Prices
Container Level
01. Mixed ADC Containers
02 _ Mixed ADC Containers - - - - - ----- 03. Mixed ADC Containers 012. 3-Digit/SCF Containers - --- 013. 3-Digit/SCF Containers 019. Part D Total (Add lines 01-018)
[X]Part E
Outside-County - Sack and Tray Prices
- Outside-County - Sack and Tray Prices
Container Level
E4. Mixed ADC Sack
E14. 3-Digit/SCF Sack - E51. Part E Sack and Tray Total (Add E1-E50) PS Form 3541, August 2021, Facsimile
Bundle Level
Mixed ADC
ADC ---- - 3-Digit/SCF
3-Oigit/SCF
5-Digit
Entry
Origin Post Office/DMU
Origin Post Office/DMU
Bundles Price Postage
2 0-224 0.4480 - - ·- 1 0.683 0.6830 -- - 1 0.800 0.8000 - 5 0.400 2.0000 ..--- ...
1 0.458 0.4580 ·-· __ ._ __
10 4.3890
Sacks/Trays Price Postage
2 1.198 2.3960 -- - 3 3.454 10.3620 ----- --·-- 5 12.7580 - calistogatribune34791 20220203 10:14:35
Item #7.5.
NCQALink®
PROCESSING SUMMARY REPORT
ACCUZIP INC.
Licensee Company Name
LBDT00000099AX4060
Customer PAF ID
FOLGER GRAPHICS INC
Mailer Company Name
CALISTOGATRIBUNE34791 NORMAL
-------- List Name --------- Processing Category
PROCESSES PERFORMED
p N N y
Pre 1 Concurrent 2 Post 3 Standard Output Return 4
s 20220203 0
Matching Logic 5 Data Returned 6 Class of Mail 7
20220203 20220203
Date List Completed Date List Returned
864 27
Total Processed Total NCOA LinkMatches Total ANK Link Matches CASS™ ,DPV®,LACSLink®,NCOALink®,ANKLink®
Listing of all processes used in obtaining final results Legend:
1,2 N=None,
Y=Yes but with no data modifications
D=Yes, data modifications from sources other than postal data, P=Yes, data modifications from postal data only (i.e., ZIP+4. DPV).
B=Yes. data modifications from postal and other source
3 N=None
Y=Yes but with no data modifications
D=Yes. data modifications from sources other than postal data P=Yes, data modifications from postal data only (LACSlink) B=Yes, data modifications from postal and other sources 4 Y=AII NCOAlink required output returned to client
N=Post-processes modified return information (ie: updates applied to list) B=Post-processes modified return information ; however, separate file containing all required output data was also returned 02/03/2022 10:14:39 AM
5 S=Standard (Business, Individual and Family matches allowed). !=Individual only, B=Business only,
C=lndividual and Business only, R=lndividual and Family Only 6 C=COA Data Returned with Footnotes and Statistics.
F=Footnotes only,
S=Statistics only
7 A= First Class only
B = Periodicals only
- 1 of 1 -
C = Standard Mail only
D = Package Services only
E = First-Class & Periodicals
F = First-Class & Standard Mail
G = First-Class & Package Services
H = Periodicals & Standard Mail
I = Periodicals & Package Services
J = Standard Mail & Package Services
K = First-Class, Periodicals & Standard Mail
L = First-Class, Periodicals & Package Services
M = First-Class, Standard Mail & Paekage Services
N = Periodicals, Standard Mail & Package Services
O = First-Class, Periodical, Standard Mail,
Package Services
Item #7.5.
United States Postal Service®
Plant-Verified Drop Shipment (PVDS)
Verification and Clearance
?
3. Mailer Name 4. FAST Scheduler ID
7. Origin Plant Location (City, state, ZIP+4®)
CALISTOGA CA 94515
9. Class of Mail 10. Product or Publication Title
~ Periodicals 0 Std. Mail or Names
0 Calistoga Tribune
Package Services
0 International (Specify class)
-·--·--• .
13. Pallets a. No. Pallets b. No. Pallets
~ ofTrays __ O ofSacks __ o
"' § i. 5--Digit 0 -c .E 0 c:: ii. 5·0 Scheme 0 <f)
... ~
~ a.. iii. 5-D CR 0
"' Ji ~ ~
Cl. iv. 5-D Scheme CR 0
·--c
~ 5 V. 3--D 0
50 ~~ vi. All Other O .e! 0
14. Entry Discounts Claimed i;J DOU □ DNDC 0 DFSS
0 0
0 0
0 0
□
1. Requested In-Home Delivery Date 2. Drop Ship Appointment Number (3-day window)
5. Mailer Contact Name 6. Mailer Contact Telephone
(Include area code)
510-887-5656
8. Check One
IK:l Identical-Weight Pieces. Weight of a Single Piece _ _ _Q_.0650 lbs . 0 Nonidentical-Weight Pieces
11. Total Gross Weight of Shipment (Verified at origin orfice)
40.2350
12. Type of Mail Processing Category (Check. all that apply) 0 Letters 00 Automation Compatible O Irregular Parcels
IXl Flats 0 Machinable Parcels D Nonmachinable Parcels
c. No. Pallets d. No. Pallets 13.e. Non-Palletized Containers of Parcels __ o of Bundles __ o
0 0 i. No. of Bundles
0 0 ii. No. of Trays
0 0 iri. No. of Sacks 7
0 0 iv. No. of Parcels
0 0 v. No. of Air Bo>;es
vi. No. of Other (Describe)
0 0 0
Mailing Includes Pieces for Delivery Outside Service Area of Entry Office (Check all that apply) 0 DSCF □ DADC D International Service Center (ISC) D International:
15. Comments -- Record SCF/ADC/NDC/ASF designator(s) and ZIP Code{s) from the DMM label list for mailing presented. or attach register.
DOU 94515
16a. Contact at Company Making Drop Ship Appointment (if other than mailer and if known when completing this 16b. Telephone form)
17. Origin Post Office™ (City, state, and ZJP+4) 26a. Name of USPS® Employee 26b. Employee·s Telephone Number Verifying Mail (Jndude area code)
B- >, - "' ~ ~.). ~ > 1 ,, ,, _, I .,
~ 18. Verified at: ~ - 26c. Signature of Verifying Employee 27. Round Stamp (Required) ~ 0 DMU (Mailer's plant) □ BMEU or Post Office (l:)
cc 19. Permit Number 20. Postage Payment Method (l:)
~ (Except for Pe('ioeflpals)
--- a., 26d. USPS Contact Name (Jf other D Permit D.., StarrJped D Meter u than verifying employee) :i= 21 . Total Pieces 22. Total Weight of Mailing 0 -C/l
0 23. Vehicle PVDS Seal Number Cl..
c:: 24. Vehicle ID Nu'niber ,. ·a,
·;::
0 25 . Comments . ' ' 3.3. loa~ Concfrtion Irregularities (€heck all that apply) □ Broken Pallets 0 Mailings are not separated by
28. Entry Office (Facility name, address, city, state and ZIP+4 code as □ Container Counts do not PS Form 812:5 'i: - found In the Drop Ship Product.) match PS Form 8125 0 Overweight Pallets :::::, >, CALISTOGA □ Damaged Mail 0 Pallets Too Tall
0) 1013 WASHINGTON ST .:: □ Improper Mail Makeup □ Incorrect Mail Class a:; CALISTOGA CA 94515-9998 C □ Load Unsafe □ Other (Describe in item 32) Note: Appointments with 100% Periodicals can be presented whenever the a destination facility is open and staffed. □ Incorrect Appointment Type a., 29a. USPS Receiving Employee ·29b. USPS Receiving Employee u 34. Scan the barcode upon receipt. :i= 0 Signature Name
-
C/l
0 ~
Cl..
2:' 30. Date/Time of Arrival 31 . Date/Time of Departure -
c::
w
c::
0 32. Comments (NOTE: Enter bedload discrepancies as percentages and ~ pallet discrepancies as pallet counts.) c::
~ a.,
C
PS Form 8125, August 2014 (NSN 7530-02-000-7255) ACCUZIP6 5.11.00 .
Item #7.5.
United States Postal Service®
Plant-Verified Drop Shipment (PVDS)
-Verification and Clearance
3. Mailer Name 4. FAST Scheduler ID
7. Origin Plant l ocation (City, state, ZIP+4®j
CALISTOGA CA 94515
9. Class of Mail 10. Product or Publication Title
~ Periodicals 0 Std. Mail or Names
D Calistoga Tribune Package Services
D International (Specify class)
--- - - --- 13. Pallets a. No. Pallets b. No. Pallets C:
.::;
0 of Trays __ of Sacks --
"' E i. 5-Digit ... 1:'. .E 0 ii. 5-D Scheme -= U)
.... e:?
~ CL iii. 5-DCR ·;;; .]l ~ m
CL iv. 5-D Scheme CR
-- C: V. 3-D "' ,l: §o
·- C: o.-"' vi. /I.II Other 0.'!!
14. Entry Discounts Claimed 0 DOU 0 DNDC 0 DFSS □
i . Requested In-Home Delivery Date 2. Drop Ship Appointment Number (3-day window)
5. Mailer Contact Name 6. Mailer Contact Telephone
(Include area code)
510-887-5656
8. Check One
Xl Identical-Weight Pieces. Weight of a Single Piece _ __ 0.0650 lbs. 0 Nonidentical-Weight Pieces
11. Total Gross Weight of Shipment (Verified at origin office)
16.0550
12. Type of Mail Processing Category (Check all that apply) 0 Letters 00 Automation Compatible 0 Irregular Parcels
IXi Flats □ Machinable Parcels 0 Nonmachinable Parcels
c. No. Pallets d. No. Pallets 13.e. Non-Palletized Containers of Parcels __ of Bundles __
i. No. of Bundi es
ii. No. of Trays
iii. No, of Sacks 6
iv. No. of Parcels
v. No. of Air Bo;<es
vi. No. of Other (Describe)
Mailing Includes Pieces for Delivery Outside Service Area of Entry Office (Check all that apply) □ DSCF O DADC 0 International Service Center (ISC) D International:
15. Comments -- F\ecord SCF/ADC/NDC/ASF designator(s) and ZIP Code(s) from the DMM label list for mailing presented. or attach register. 16a. Contact at Cc,mpany Making Drop Ship Appointment (if other than mailer and if known when completing this 16b. Telephone form)
17. Origin Post Offi:ce TM (City. state, and,ZIP+4) .. 2ea. Name of USPS® Employee 26b. Employee's Telephone Number Verifying Mail (Include are·a code)
B _ r 'Jl . .
~ 18. Verified at: ~- 26c. Signature of Verifying Employee 27. Round Stamp (Required) -~ D DMU (Mai/er·s plant) D BMEU or Post Office
"' ,,e 19. Permit Number 20. Rostagp P~in'¢ol Meth.od "' ~ (Except for.Peffoc:Jiealsj
--- 26d. USPS Contact Nam(;! (If other C1) 0 P~jt □ Stami:;i:eg □ ,Meler, <.) than verifying employee) = 21 Total Pieces ·22. Total Weight of Mailing 0 ....,
r.n .~ 0 •
23. Vehicle PVDS S'eal-Mumoer Q. < 24. Vehicle ID Number C ·a,
·.:: :; 0 25. Comments r ~ •.. ·" ~ - Loap Condition Irregularities (Check all that apply) □ Broken Pallets □ Mailings are riot separated by
- 28. Entry Office (Facility name, address, city, state and ZIP+4 code as □ Container Counts do not PS Form 812!5 'i: found in the Drop Ship Product.) match PS Form 8125 0 Overweight Pallets ::::> ~ CALISTOGA □ Damaged Mail □ Pallets Too Ta II
"' 1013 WASHING,TON ST
.::: □ Improper Mail Makeup □ Incorrect Mail Class
;;; CALISTOGA CA 94515-9998 Q D Load Unsafe D Other (Describe in item 32; Note: Appointments with 100% Periodicals can be presented whenever the s destination facility is open and staffed. 0 Incorrect Appointment Type C1) 29a. USP'$ ReceiVi11g Employee . 29b. lJ_SPS Rooe1vfng Employee <.) 34. Scan the barcode upon receipt. = 0 Signature Name ...., r.n
0 .. r Q.
"'"' 30. Daterrime of Arriv~ 31 . Datelrime of Depc!fture .... "e
w
C:
._g 32. Comments (NOTE: Enter bedload discrepancies as percentages and "' pallet discrepancies as pallet counts.) ._s
"'
C "'
.
PS Form 8125, August 2014 (NSN 7530-02-000-7255) ACCUZIP6 5.11.00.
Item #7.5.
~ UNITED STIJTES
~ POSTAL SERVICE®
CASS™ Summary Report
A. Software J
1. CASS Certified Company Name
ACCUZIP INC.
..- 4. Z4Change CeI-tified Company Name
<(
en
en
This form may be generated as the output of address matching processing using CASS Certified"' software in conjunction with current USPS• address database files. Any facsimile must contain the same information in the same fo1mat as the printed form.
See DMfvP' Section 602 for more information.
2. CASS Certified Software Name & Version 3. Configuration ACCUZIP6 6.00.00.N AAA
5. Z4Change Certified Software Name & Version 6. Configuration <(t-:-----::-===-=--:-=--:--,:------,-,----------- - -+-=---,.-=-==-=-----,.,,-.,....,,.--,----,-.,....--.,,....,...,....--,------1-------- u 7. eLOT° Certified Company Name 8. eLOT Certified Software Name & Version 9. Configuration ACCUZIP INC.
N 1. MASS™ Certified Company Name <(
en
rn
<(
:ii:
1. List Processor's Name
FOLGER GRAPHICS
2339 DAVIS AVE.
HAYWARD, CA 94545
4. List Name or ID No. (If using ID No. , number must start with ID#) CALISTOGATRIBUNE34791.DBF
ACCUZIP6 6.00.00.N ACCUZIP INC.
2. MASS Certified Software Name, Version & Model No. 3. Configuration
2. Date List Processed
a. Master File
02/03/2022
b. Z4Change
c. eLOT
d. CRIS
02/03/2022
-4. MLOCR Serial No.
3. Date of Database Product Used
a. ZIP + 4" File
01/15/2022
b. Z4Change
c. eLOT
d. CRIS
01/15/2022
5. Number of Lists 6. Total Records Submitted for
Processing
1 866
C. Output I
Output Rating 1. Total Coded 2. Validation Period
a. ZIP+ 4/DPV From To
Confirmed ► 864 02/03/2022 08/02/2022
D. Mailer I
I certify that the mailing submitted with this form has been coded (as indicated above) using CASS Certified software meeting all of the requirements listed in the DMM Section 602. ·
1. Mailer's Signature
E. Qualitative Statistical Summary (QSS)
2. Date Signed
02/03/2022
Output Rating 1. Total Coded
c. 5-Digit Coded ►
d. CRRT Coded ►
e eLOT Assigned
►
3. Name and Address of Mailer
FOLGER GRAPHICS
2339 DAVIS AVE.
HAYWARD, CA 94545
865
865
864
2. Validation Period
From To
02/03/2022 02/03/2023
From To
02/03/20:22 05/04/2022
From To
02/03/20:22 05/04/2022
For informational Purposes Only: QSS is solely made available for the list processor's review and analysis. This information is nc,t to be considered by the U.S. Postal Service'" personnel in determining rate eligibility under any circumstances. See reverse for a detailed explanation.
High Rise Default High Rise Exact RR Default RR Exact LACSLinkO> EWS Suite,,..~., 5 77 0 0 1 0 0
Privacy Notice: For information regarding our Privacy Policy, visit USPS.COM®.
PS Form 3553, September 2017
Item #7.5.
STANDARDIZED DOCUMENTATION
PERIODICALS MERGED FLA TS IN SACKS
Report: USl?S Qualification Report
Entry: CALISTOGA CA
Sort: Periodicals Merged Flats in Sacks - 705.10.1.4
CONTAINER INFO PKGiGRP INFO
No. Total , Levell ZIP No. I Destination Zone
1 74'CRD 194515 1 !94515 C001 ICD
2:94515 C001 ICD
2 12orcRD :94515 1194515 C002 ICD
i 2 94515 C002 ICD
3 85)CRD 94515 1194515 C003 iCD
! 2194515 C003 ICD
4 108;CRD ,94515 1 94515 C004 ICD
2 94515 C004 ICD
5 85'CRD 94515 1 94515 R001 M
2 94515 R001 M
6 : 104CRD "9451 5 1 94515 R003 ICD
2 94515 R003 ICD
7 43lc RS 94515 1 :94515 8001 ICD
: 2\94515 8002 ICD
' [ 3 ,94515 8003 ICD I 1
4 j94515 B005 ICD I 5194515 B009 ICD
I I I 6194515 B010 ICD
ZAP OPTION 1 ZC-20211201 ACCUZIP6 5.11 .00
Mailer:
Mail ID: calistogatribune34791 2022020310:14:44
Date: 02/03/2022
Pub#: 20698 Edition:
RATE.CATEGORY INFORMATION
Running
ws HDP HD CR 5B 5D 3B 3D AB AD MB MD BB BS Prsrt Total
60 60
14 74
60 134
60 194
60 254
25 279
60 339
48 387
60 447
25 472
60 532
44 576
7 583
9 592
6 598
7 605
8 61 3
6 - - - . 619
619 - Ii l l ..J '\ L,Tlot 619
RA TE SUMMARY Outside-County Container Summary (707.2.1.9) Outside-County Bundle Summary (707.2.1.8) Carrier Route 0 FIBM 0
ECR Basic (CR) 619 5-Digit 0 carrier Route 0
■ GRAND TOTAL 3-Digit/SCF 3 5-Digit l 619 ADC 0 3-Digit/SCF 6 Mixed ADC/Cl,JX 2 l\DC l
Mixed ADC/OMX 2
TOTAL CONTAINERS : 5
TCTAL BtJNDLES: 10
- Page: 1 of 2 -
Item #7.5.
STANDARDIZED DOCUMENTATION
PERIODICALS MERGED FLATS IN SACKS
Report: USl?S Qualification Report
Entry: CALISTOGA CA 94515
Sort: Periodicals Merged Flats in Sacks - 705.10.1.4
CONTAINER INFO PKG/GRP INFO
No. Total , Level I ZIP No. I Destination Zone
8 , ss;5OG 94574 1\94574 IC
9 60 M3D 945 1IS94559 94559 IC
2 ,94515 IC
' 3 94558 IC
4 94599 IC
5 945 M
10 35,M30 1
954 1 I 595405 95404 1/2
I I 95405 1/2
! 95409 1/2
2 954 1/2 I
954 1/2
11 ; 2e:scF l940 f 1 1940 1/2
! 2 941 1/2
3 949 1/2
12 64.0MX 945 1
1 A950 1/2
2 S956 956 M
i I I 957 M
! I 958 M I 959 M I i 960 M I
31M945 M
13 ' 26!MADC!945 1I
M945 M
ws HOP HD CR
ZAP OPTION 1 ZC-20211201 ACCUZIP6 5.11.00.
Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
Pub#: 20698 Edition:
RATE CATEGORY INFORMATION
58 50 38 30 AB AD MB MD
33 7
18 12
7 16
5 3
5 21
1 9
9 10
7 5
2 1
3 3
43 26
90 79 1 7 69
Running
BB BS Prsrt Total
652
659
677
689
696
712
717
720
725
746
747
756
765
775
782
787
789
790
793
796
839
865
865
RA TE SUMMARY Outside-County Container Summary (707.2.1 .9) Outside-County Bundle Summary (707.2.1.8) Carrier Route 0 FIRM 0
Automation 5-Digit (5B) 90 5-Digit 0 Carrier Route 0
Automation 3-Digit (3B) 79 3-Digit/SCF 3 5-Digit l
Automation AADC (AB) 7 ADC 0 3-Digit/SCF 6
Automation Mixed AADC (MB) 69 Mixed ADC/OMX 2 ADC l
Presorted 3-Digit (30) Mixed ADC/Cl-OC 2
■ GRAND TOTAL 246
TOTAL CONTAINERS: 5
TOTAL BUNDLES: 10
- Page: 2 of 2 -
Item #7.5.
PERIODICALS CONTAINER AND BUNDLE CHARGE REPORT (DMM 707.2.1.8 & 707.2.1.9) · ZAP OPTION 1 ZC-20211201 ACCUZIP6 5.11 .00.
Eritry: CALISTOGA CA 94515
Edition:
Publications: CALISTOGA TRIBUNE
Publication No.: 20698
Containers
Number Level Type Entry
1 CRD Sack DDU
2 CRD Sack DDU
3 CRD Sack DDU
4 CRD Sack DDU
5 CRD Sack DOU
6 CRD Sack DDU
7 CR5 Sack DOU
8 5DG Sack NON
9 M3D Sack NON
10 M3D Sack NON
11 SCF Sack NON
12 OMX Sack NON
13 MADC Sack NON
Charge Count
$3.454 1
$3.454 2
$3.454 3
$1 .198 4
$1 .198 5
Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
Bundles
ZIP Code Level Rate Copies Charge
94515C001 CRD CR 60 N/C
94515C001 CRD CR 14 N/C
94515C002 CRD CR 60 N/C
94515C002 CRD CR 60 N/C
94515C003 CRD CR 60 N/C
94515C003 CRD CR 25 N/C
94515C004 CRD CR 60 N/C
94515C004 CRD CR 48 N/C
94515R001 CRD CR 60 N/C
94515R001 CRD CR 25 N/C
94515R003 CRD CR 60 N/C
94515R003 CRD CR 44 N/C
945158001 CRD CR 7 N/C
945158002 CRD CR 9 N/C
94515B003 CRD CR 6 N/C
945158005 CRD CR 7 N/C
945158009 CRD CR 8 N/C
945158010 CRD CR 6 N/C
94574 5DG 58 33 N/C
94559 5DGS 58 7 N/C
94515 5DG 58 18 N/C
94558 5DG 58 12 N/C
94599 5DG 5B 7 N/C
945 3DG 38 16 $0.400
95405 5DGS 58 13 $0.458
954 3DG 3B 21 $0.400
954 3DG 3D 1
940 3DG 38 9 $0.400
941 3DG 38 9 $0.400
949 3DG 38 10 $0.400
950 ADC AB 7 $0.683
956 3DGS 38 14 $0.801)
945 OMX MB 43 $0.224
945 MADC MB 26 $0.224
- Page: 1 -
Count
1 2
3 4
5 6
7 8
9 10
Item #7.5.
PERIODICALS CONTAINER AND BUNDLE CHARGE REPORT (DMM 707.2.1.8 & 707.2.1.9) ZAP OPTION 1 ZC-20211201 ACCUZIP6 5.11 .00.
El)try: CALISTOGA CA 94515
Edition:
Publications: CALISTOGA TRIBUNE
Publication No.: 20698
Containers
Number Level Type Entry Charge Count
Sack/Tray/Pallet Totals: $ 12.7580
Outside-County Container Summary:
(DMM 207.2.1.9)
FSS
Carrier Route
5-Digit
3-Digit/SCF 3
ADC
Mixed ADC/OMX 2
Total Containers: 5
5 Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
Bundles
ZIP Code Level Rate Copies Charge Count
-Page: 2-
Bundles Totals: 865 $ 4.3890
Outside-County Bundle Summary:
(DMM 207.2.1.8)
FIRM
FSS
5-Digit/Carrier Route
3-Digit/SCF
ADC
Mixed ADC/OMX
Total Bundles:
1 6
2 10
10 Item #7.5.
PACKAGE REPORT
Report: Packing Report
Entry: . CALISTOGA CA
Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
Periodicals Merged Flats in Sacks - 705.10.1.4
Cont#
2 3
4 5
6 7
CONTAINER INFO PACKAGE INFO
Type i Level l ZIP I Total I Lbs. [ Length No. 1 Type I Level I ZIP Total i Lbs. s l cRD / 94515 1-l __ 60....,l ___ 3._9o_o i,__ __ 6._oo_o_"-i-- 1~ ~ ~ 515coo! 74 [ 4.810 : 7.400" 1 2 1 P --, CRD 94515C001
60 3.900 ;
14 , 0.910
S ; CRD
I
S : CRD
s ICRD
I
S i cRD
s ' : CRD
I
s
l 94515 I 60 ! 3.900 : 6.000 " 1 I P [ CRD I 94515C002 60 3.900 l 11- 1 __ 1_2_0 ... I ---7-_8_o_o+i- - 12-.o- o_o_"+---2+-
1 - P-....:i._c_R_D_.....,...I 9_4_s_15_c_o_o_2 •· - - - ~~ •• - ;~oo 1 94515 !1-
1 __ 6_o~I ___ 3_.9_0_0-;-! __ 6_.o_o_o_"+---1 __ P_....,!,...c_R_D , 94515coo3 60 ' 3_900 85 ! 5.525 j 8.500" 2 P I CRD j 94515C003 25 1.625
' 194515 I 60 I 3.900 l 6.000" 1 , P CRD 94515C004 , 60 3,900 t 108 ! 1.020 ! 10.800" 21 P CRD ! 94515C004 48
I 94515 !i--__ 60-11 ___ 3_._eo_o-11 __ 6_.o_o_o_" 1----1 .... '__ P_.._, c_R __ o I 94515~~01 I I 85 1 s.s2s ! 8.500 " 2 P CRD I 94515R001
60 25
j 94515 ,_• __ 6_0_\ ___ 3_.9_0_0....1.! __ 6_._oo_o_"+---1.:....._ P __ 1!-c_R_o_-+9_4_5_1 _5R_o_o_3 __ ! __ 104 ! 6.760 1 10.400" 2 1 P •CRD 194515R003 , 44
60 ' 94515 I 7 , o.455 , 0.100" 1 P l cRo l 94515soo~ _L __ 1 I 16 1.040 [ 1.500" 2 P i cRo 94s1ssoo2 s
!,_ __ 2_2.,._ __ 1_.4_3_o~l __ 2_._20_0_"~----3+-_P_ ~ ~ D--+_94_5_1_5B_o_o_3 __ • ____ 6 _ j 29 1.885 I 2.900" 4 P I CRD 94515B005 ------+---·-- --+----- - I 37 j 2.405 I 3,700" 5 P I CRD 94515B009 8 l-!--4-3+-l-- -2-.7-9-5+1--4-.3- 0_0_"i- --~ · -;· ICRD -1 94515B010 .- --6
3.120
3.900
1.625 ·
3.900 ,
2.860
0.455
0.585
0.390
0.455
0.520
0.390 ,
ACCUZIP6 5.11.00.
Length
6.000"
1.400"
6.000"
6.000"
6.000"
2 500"
6 000"
4.800"
6.000"
2 500"
6.000"
4.400"
0.700"
0.900"
0.600"
0.700"
0.800"
0.600"
Running
Total
60 74
134
194
254
279
339
387
447
472
532
576
583
592
598
605
613
619
U - Underfilled Container (Banding required) - Page: 1 of 3 - G - Group based; P - P.;1ckage based Item #7.5.
PACKAGE REPORT
Report: Packing Report
Entry: . CALISTOGA CA 94515
Periodicals Merged Flats in Sacks - 705.10.1.4
CONTAINER INFO
Cont# Type I Level I ZIP 1 Total I
8 s lsoG )94574 I 33 1
9 s IM3D 1945 7 1
i I I j I 25
I i 37 ! I I 44 1
l
' 60 10 s IM3D J954 I 13 ! I I
I ! 35 ,
11 s ; SCF 940 I 9! I
I 18 j
I ' I 28
12 s I OMX 1945 I 7 - --- ' , __ 21 l ' l I ' 641 ' I
13 s MADC !945 I 26 1 I
U - Underfilled Container (Banding required)
ACCUZIP6 5.11.00.
Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
PACKAGE INFO Running
Lbs. j Length No. Type , Level I ZIP Total ' Lbs. Length Total '
2.145 I 3.300" 11 p 1
5DG 194574 33 ; 2.145 : 3,300" 652
' 0.455 , 0.700" 1 p t 5DGS 94559 7 0.455 0 700 " 659 ---- - - - 1.625 2.500" 2 ' p 5DG I 94515 18 1.170 1.800" 677 ---- - 3 , 2.405 j 3.700" p 5DG l 94558 12 0.780 1.200" 689 I I -- --
2.860 f 4.400" 4 1 p · 50G 194599 7 0.455 0.700" 696 -- 3.900 I 6.000" 5 1 p 13DG 1945 16 1.040 1.600 " 712 11 I 95405 . 0.845 f-- ~ 00" __ _. p 5DGS 13 ' 0.845 1.300" 725 -- 2.275 1 3.500" 2 p 3DG 954 l 22 1.430 2.200" 747
0.585 1 I
0.900 " 1{ p j3DG I 940 9 0.585 0.900" 756 - - .. - . . ..
1.170 1.800" 2 : p 13DG I 941 9 0.585 0.900" 765 - - 1.020 1 2.800" 3' I 949 , p 3DG 10 · 0.650 ; 1 ODO" 775
0.455 0.700" -2t-~ ~ 950 7 0.455 0.700" 782
1.365 J 2.100" 2 , p 3DGS 956 14 0.910 1 400" 796 --,.-------'-·-- .. - 4.160 \ 6.400" 3 1 p i OMX 945 43 2,795 ', 4.300" 839 I
1.690 1 2.600" , I p IMADC 1945 I 26 1.690; 2.600" 865
- Page: 2 of 3 - G - Group based; P - Package based
Item #7.5.
PACKAGE REPORT
Report: Packing Report
Entry: . CALISTOGA CA 94515
CONTAINER INFO
I Cont# I Type i Level I ZIP , Total 1
1999999 u I ! 00000 1 1
U - Underfilled Container (Banding required)
Lbs. I Length
0.065 1 0.100"
ACCUZIP6 5.11 .00.
Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
PACKAGE INFO
No. 1 Type I Level I ZIP Total Lbs. '. Length
0 1 X I 1 i 0.065 , 0.100"
Running
Total
866
- Page: 3 of 3 - G - Group based; P - Package based
Item #7.5.
ZONE SUMMARY REPORT (707.17.6.2.b) ACCUZIP6 5.11.00.
Report: Zone Summary Report Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
Zone Copies
ICD 586
IC 82
DDU 33
ADC 0
SCF 0
1/2 97
3 15
4 19
5 10
6 0
7 7
8 16
Total Copies: 865
- Page: 1 of 1 -
Item #7.5.
ZONE DETAIL REPORT (707.17.6.2.a)
Report: Zone Detail Report
3-Digit ICD IC DOU SCF ADC
017
064
080
117
191
200
201
205
229
237
278
294
500
549
598
662
750
770
775
780
802
804
832
837
852
853
875
891
895
900
902
914
921
922
925
926
928
930
933
934
940
941
944
Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
ZONE DETAIL
1/2 3 4 5 6 7
2 3
2 2
4 2
2 9
9 - Page: 1 of 2 -
ACCUZIP6 5.11 .00.
8 TOTAL
2 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 19
20 21
22 23
24 25
26 29
31 32
33 34
35 36
37 38
40 41
45 46
48 49
51 60
69 70
Item #7.5.
ZONE DETAIL REPORT (707.17.6.2.a) ACCUZIP6 5.11.00.
Report: Zone Detail Report Mailer:
Mail ID: calistogatribune34791 20220203 10:14:44
Date: 02/03/2022
ZONE DETAIL
3-Oigit ICD IC DOU SCF ADC 1/2 3 4 5 6 7 8 TOTAL
945 11 81
945 33 114
945 82 196
945 586 782
946 1 783
947 2 785
948 786
949 10 796
950 4 800
951 3 803
954 35 838
955 839
956 5 844
957 2 846
958 847
959 3 850
960 3 853
961 854
967 855
970 856
974 3 859
975 3 862
977 863
981 864
995 865
ZONE TOTALS
ICD IC DOU SCF ADC 1&2 3 4 5 6 7 8 TOTAL
586 82 33 0 0 97 15 19 10 0 7 16 865
- Page: 2 of 2 -
Item #7.5.
Exhibit A
- 1 -
OAK #4890-2776-3737v1 (Rev. 9/2021)
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and ___Calistoga Tribune_________ ________________________________________ [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires publication of legal advertisement services; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
Item #7.5.
- 2 -
OAK #4890-2776-373v1 (Rev. 9/2021)
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. 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.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $15,000 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY Item #7.5.
- 3 -
OAK #4890-2776-373v1 (Rev. 9/2021)
shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June 30, 2023
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Marni Rittburg, its City Clerk, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
Item #7.5.
- 4 -
OAK #4890-2776-373v1 (Rev. 9/2021)
4.2. CONSULTANT Contact. CONSULTANT designates _____________ as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
Item #7.5.
- 5 -
OAK #4890-2776-373v1 (Rev. 9/2021)
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); Item #7.5.
- 6 -
OAK #4890-2776-373v1 (Rev. 9/2021)
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
G. 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 hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.
H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is Item #7.5.
- 7 -
OAK #4890-2776-373v1 (Rev. 9/2021)
received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: __Pat Hampton___________________
__Publisher _____________________
_ PO Box 1176, Calistoga, CA 94515__
Phone: _707-941-1176_____________
Facsimile: _______________________
Email: [email protected]__
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
Item #7.5.
- 8 -
OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that Item #7.5.
- 9 -
OAK #4890-2776-373v1 (Rev. 9/2021)
the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. 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.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
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Item #7.5.