Healdsburg City Council
May 5, 2025

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby:

1. Finds the recommended action does not constitute a “project” under CEQA, pursuant to Section 15378(b)(4)(5) of the California Environmental Quality Act (CEQA).

2. Approves and authorizes the City Manager to execute a Professional Services Agreement with Coastland Civil Engineering, LLP to provide engineering design services for the Pedestrian Enhancements at Powell Avenue and Johnson Street Intersection Project for $57,838.88.

PASSED, APPROVED AND ADOPTED, this 5
th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
________________________________ ____________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk

6.D.a
Packet Pg. 162 Attachment: Resolution (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 420 Executive Court North, Ste. G Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961

www.coastland.dccm.com
January 16, 2025
Revised: March 10, 2025
Clay Thistle, PE,
Principal Engineer
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Subject: Proposal to Provide Engineering Design Services for Pedestrian Enhancements at Powell Avenue and Johnson Street Intersection
Solicitation #: RFP-26-024
Dear Clay,
The City of Healdsburg has prioritized addressing pedestrian and bicycle safety concerns at the intersection of Powell Avenue and Johnson Street, a critical location with significant foot and bike traffic. Coastland | DCCM recognizes the importance of this project in mitigating safety risks and enhancing accessibility for all users, particularly students traveling to and from the nearby high school and elementary schools, as well as residents accessing the bicycle/pedestrian path on the north leg of Johnson Street connecting to Lupine Road and surrounding neighborhoods. Identified as a priority in the City’s Local Road Safety Plan (LRSP), this intersection experiences high pedestrian and bicyclist activity, making safety improvements essential.

Planned upgrades include ADA-compliant curb ramps, curbline bulb-outs, Rectangular Rapid Flashing Beacons (RRFBs), and enhanced signage and pavement markings to ensure safer crossings and improved visibility. This project is supported by funding from a Highway Safety Improvement Program (HSIP) grant, emphasizing the City's commitment to proactive safety measures.

Coastland | DCCM has extensive experience delivering pedestrian and bicycle safety enhancement projects for public agencies across the North Bay region, including Sonoma County, Marin County, and Napa County, as well as in the East Bay region. These projects have ranged from comprehensive street paving and rehabilitation efforts combined with pedestrian improvements—such as bulb-outs, ADAcompliant curb ramps, and Rectangular Rapid Flashing Beacons (RRFBs)—to standalone pedestrian enhancement work at one or more intersections.

Coastland | DCCM shares the City’s value of providing a consistently high level of service. Our proposed team has experience covering all facets of public works projects for agencies throughout Northern California, including design and construction support of highway, roadway, intersections, bicycle and pedestrian facilities. We believe our common goals and relevant experience will allow our team to provide the exact knowledge and specific services the City seeks. Please consider the following benefits of our team:
 Public Agency Perspective: Coastland | DCCM provides staff augmentation to over 25 public agencies. Many of our employees have previously worked for public agencies and truly understand the role and demands on public agency staff and officials. Our work reflects the importance of public perception, constructability, reliability, and operations and maintenance considerations in all aspects of project planning, design and construction.

6.D.b
Packet Pg. 163 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP)  Experienced Senior Staff: Coastland | DCCM offers a depth of resources and expertise to deliver a successful project for the City. Our proposed team, including Steve Van Saun, PE and Nathan Fishman, PE, are fully committed to supporting the City by providing the best approach for this project. Nathan will serve as Project Manager, bringing more than a decade of experience providing municipal engineering services, capital project design, and project management. Nathan has recent and relevant experience in American Canyon where he provided similar services on the Melvin Road Sidewalk Gap Closure project.
 ADA Compliance: Because of Coastland | DCCM’s unique focus providing municipal engineering and building services, we routinely advise our clients on ADA issues, prepare and develop ADA Transition Plans, respond to accessibility issues, and keep ourselves and our clients informed of the latest accessibility codes and standards. Our in-house Certified Access Specialists (CASp) are experts in current accessibility requirements and will perform a QA/QC review of the proposed sidewalk, bulb-out and curb ramp improvements to help ensure they are fully compliant with the Americans with Disabilities Act (ADA) and California Building Code Accessibility Requirements.  Service Excellence: Coastland | DCCM prides itself on having a team of employees that strive to achieve excellence. We enjoy partnering with our clients to help them meet or exceed their goals. Our company and our employees are caring, thoughtful, responsive, and professional. This high threshold of excellent service has given us a repeat business rate of 94%, which is approximately 50% above the average for A&E firms. We encourage you to contact our reputable references to verify our record of providing the highest level of excellence in service.
 Funding Experience: Coastland | DCCM has processed numerous projects through Caltrans Office of Local Assistance with both state and federal monies involved, including but not limited to HSIP, STIP, ATP, and OBAG. We are well versed in the required forms and contract procurement requirements.  Trusted Subconsultant Team: Our selected subconsultant will enhance the services delivered to the City of Healdsburg by providing topographic surveying and right of way retracement survey services.

Nathan Fishman, PE, Senior Engineer will be the main point of contact for responding to the City’s needs and coordinating with our team. Nathan can be contacted at (707) 571-8005 or [email protected] should you have any questions regarding this proposal.

As CEO of Coastland | DCCM, I am authorized to negotiate a contract on behalf of the company. If you have any questions related to the contract, please contact me at [email protected] or by phone at (530) 718-0267. It is our privilege to serve the City of Healdsburg and we look forward to new opportunities to work with you.

Sincerely,
Coastland Civil Engineering, LLP
Travis Williams, PE Nathan Fishman, PE
CEO Senior Engineer

6.D.b
Packet Pg. 164 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Table of Contents

TABLE OF CONTENTS
PROPOSAL SECTION.................................................... PAGE Introductory Letter
Project Team ..................................................................................... 1 Team Organization .............................................................. 1 Key Staff Qualifications ........................................................ 2 Subconsultant ...................................................................... 3 Qualifications and Experience .......................................................... 4 Relevant Project Experience ............................................... 5 Work Plan ......................................................................................... 9 Project Understanding ......................................................... 9 Approach ............................................................................ 10 Quality Control ................................................................... 11 Scope of Services .............................................................. 12 Schedule ............................................................................ 15 Required Submittal Forms .............................................................. 16 Cost Proposal .......................................... Separate Sealed Envelope Appendix A ......................................................................... Resumes “Coastland I DCCM
consistently delivers highquality civil design work
within on-track schedules
and budgets. Their
exceptional responsiveness
and strong relationshipbuilding makes
collaboration seamless
and efficient. Their topnotch design solutions and
construction support make
them an outstanding
partner for any project.”
– Sara Mathews,
Supervising Engineer,
Capital Projects
Engineering, City of Santa
Rosa

6.D.b
Packet Pg. 165 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 1

PROJECT TEAM

TEAM ORGANIZATION
You can be confident knowing our team has the proven expertise to successfully complete this project.

Proposed Project Manager, Nathan Fishman, PE, will be the City’s single point of contact and will manage communications and coordinate day-to-day activities among Coastland | DCCM’s support staff and subconsultant.

The provided chart
illustrates the personnel who
are committed to be
available to the City’s
project. All proposed team
members are qualified and
available to serve the City
and will be committed to
providing efficient services
on your project. Coastland |
DCCM will not substitute any
proposed staff or
subconsultant without prior
approval from the City.

AVAILABILITY
It will be important for the
selected team to be fully
committed and available to
successfully execute the
Pedestrian Enhancements
at Powell Avenue and
Johnson Street Intersection
project. This will ensure
every detail is observed and
will facilitate timely response
to inquiries from the City. We
have considered our
proposed staff thoughtfully.

Our entire team has sufficient time to represent the City on this important project as an extension of City staff. Our goal is to be accessible, flexible and efficient. The availability of our proposed staff will ensure that this goal is accomplished.

6.D.b
Packet Pg. 166 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 2

KEY STAFF QUALIFICATIONS
With a staff of 70 professional engineers, construction managers and inspectors, technicians, and support staff, our team has ample resources to respond to the City’s requests. While simultaneously providing a highly personal approach that is not often found in larger firms. Our key staff listed below are dedicated to serving the City of Healdsburg.

STEVEN VAN SAUN, PE NATHAN FISHMAN, PE

PRINCIPAL-IN-CHARGE, QA/QC PROJECT MANAGER
Education: M.S., Civil Engineering,
Rutgers University
B.S. Civil Engineering, New Jersey
Institute of Technology
Years of Experience: 15
License: Civil Engineer, CA 86180
Education: B.S., Civil Engineering,
California State Polytechnic
University, Pomona
Years of Experience: 11
License: Civil Engineer, CA 93427
Selected Experience Overview:

City of Benicia
• Park Road Improvement Project
City of Cloverdale
• 4th Street Reconstruction Project
City of Piedmont
• 2018 Pavement Project
• Oakland Avenue Pavement Rehabilitation
• Oakland Avenue Bulb-Outs at Jerome Avenue and El Cerrito Avenue
City of Rohnert Park
• L Section Pavement Maintenance
• State Farm Drive/Commerce Boulevard Water Line
Replacement
• B Section Water Line Replacement
City of Santa Rosa
• Parking Lot 10 Reconstruction
• La Paloma, East Haven Drive, Rogers Way Water and
Sewer Main Replacement
• East Haven Drive Sewer & Water Main Improvements
City of Ukiah
• Clara Avenue Phase 2
• Main Street Utility Improvement Project
City of Willows
• Pacific Avenue Rehabilitation
• North Lassen Street Rehabilitation
Town of Windsor
• Enhanced Crosswalk Improvements
• Brooks Road – Natalie Drive Crosswalk Enhancement
• Starr Road – Stellar Lane Crosswalk Enhancement
• Conde/Johnson Pedestrian Enhancement Project*
*Experience prior to joining Coastland | DCCM
Selected Experience Overview:

City of American Canyon
• Melvin Road Sidewalk and Drainage Improvements
City of Cloverdale
• 1st Street Sidewalk Gap Closure Project
City of Cotati
• P-1 Water Main Replacement Project
Hidden Valley Lake Community Services District
• Water System Distribution Reliability Project
City of Piedmont
• Crocker Park Pathways
• Dracena Quarry Park ADA Pathway
• 2022 Striping Project
City of Rohnert Park
• B Section Water Line Replacement
City of San Rafael
• Rotary Manor Culvert Replacement Project
City of Santa Rosa
• Sewer Main Replacement, Alderbrook Lane and Denton
Way
• Parking Lot 10 Reconstruction
Sonoma County
• ADA Compliant Ramps Project
Town of Tiburon
• 2022 Storm Drain Rehabilitation

6.D.b
Packet Pg. 167 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 3

SERGIO FUENTES, EIT PATRICK TAPPIN, EIT

DESIGN SUPPORT DESIGN SUPPORT
Education: B.S., Civil &
Environmental Engineering,
University of California, Davis
Years of Experience: 8
License: EIT, CA 149917
Education: B.S., Environmental
Engineering, California Polytechnic
State University, San Luis Obispo
Years of Experience: 2
License: EIT, CA 177034
Selected Experience Overview:

City of Benicia
• Park Road Improvement Project
City of Cloverdale
• 4th Street Reconstruction Project
City of Piedmont
• Oakland Avenue Pavement Rehabilitation
• Oakland Avenue Bulb-Outs at Jerome Avenue and El
Cerrito Avenue
City of Rohnert Park
• State Farm Drive/Commerce Boulevard Water Line
Replacement
• B Section Water Line Replacement
City of Santa Rosa
• Slater Street & Lewrosa Way Sewer & Water System
Improvements
• Sewer Replacement at Alderbrook Lane & Denton Way
• East Haven Drive Sewer & Water Main Improvements
City of Willows
• Pacific Avenue Rehabilitation
• North Lassen Street Rehabilitation
Town of Windsor
• Enhanced Crosswalk Improvements
• Brooks Road – Natalie Drive Crosswalk Enhancement
• Starr Road – Stellar Lane Crosswalk Enhancement
Selected Experience Overview:

City of Healdsburg
• FY 23-24 Landscaping and Lighting Assessment District Projects
City of American Canyon
• Melvin Road Sidewalk and Drainage Improvements
• Napa Valley Ruins and Gardens Grading and Utility Plans • SDG Commerce Distribution Center Improvement Plans
City of Benecia
• Park Road Improvement Project
Hidden Valley Lake CSD
• FY 22-23 District Engineering
City of Piedmont
• FY 23-24 Pavement Rehabilitation
• Oakland Avenue Bulb-Outs at Jerome Avenue and El
Cerrito Avenue
• Dracena Quarry Park ADA Pathway
• Crocker Park Pathways
Town of Windsor
• Enhanced Crosswalk Improvements
• Brooks Road – Natalie Drive Crosswalk Enhancement
• Starr Road – Stellar Lane Crosswalk Enhancement

SUBCONSULTANTS
Coastland | DCCM maintains relationships and master agreements with many subconsultants who are experts in their fields. We will be using Cinquini and Passarino (CPI) as our subconsultant for the surveying services associated with this project. Our subconsultant has been selected based on their technical abilities, their experience with Coastland | DCCM, and their successful direct experience in similar projects. Resumes for Cinquini and Passarino are provided in Appendix A.

SURVEY SERVICES
Established in 1954, Cinquini & Passarino, Inc. (CPI) has a history of stability and reliability throughout the North Bay providing municipal and private clients with reliable surveying services ranging from topographic surveys, airport surveys, railroad surveys, boundary surveys, right of way surveys, terrestrial laser scanning surveys, GPS surveys, GIS data collection and construction surveys. CPI is a proven leader among land surveying consultants servicing the northern Bay Area. They are focused on land surveying and have offices in Santa Rosa, Healdsburg, and Oakland. Coastland | DCCM has worked with CPI on nearly every roadway project Coastland | DCCM has designed over the past 20 years.

6.D.b
Packet Pg. 168 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 4

QUALIFICATIONS & EXPERIENCE
Coastland | DCCM provides civil engineering, construction management, and building safety services to Northern California public agencies exclusively, specializing in contract services for cities, counties and special districts. Our firm has provided on-call and as-needed engineering and building safety services to more than 40 public agencies for more than 34 years.

As a mid-size consulting firm with a strong reputation for excellence and tailored service, we have learned how to gain insight into our individual clients’ values so that our service reflects positively and consistently with their goals and initiatives. We understand the demands of public sector service and that our clients are often understaffed. Our employees strive to become an extension of our clients' staff and an integral part of their project team. This is just one way we help our clients overcome project delivery obstacles and produce outstanding projects in this challenging environment.

Since we opened our doors in 1991, we have delivered a wide variety of projects including transportation, pavement design, complete streets, traffic calming, water, sewer, drainage, flood control, parks, buildings, and many other public facilities. Our extensive experience with complex and multi-faceted projects provides benefits to our clients in every arena. Our company’s three divisions, Engineering, CM/Inspection, and Building Safety Services are highly integrated and can be utilized as required to meet the needs of our clients. Having in-house expertise in areas such as construction, claims, structural, Building Code, and CASp/ADA allows Coastland | DCCM to efficiently apply these specialty services to benefit our clients and their projects. Whether the project requires expertise within one or all of our company’s divisions, we work hard to deliver the highest quality work product and services. The City of Healdsburg will benefit from Coastland | DCCM’s vast experience in all areas of public works.

Primary Services
 Municipal Engineering
 Capital Project Design
 Construction Management
 Building Department
 Financing Assistance
Markets
 Transportation
 ADA Compliance
 Water
 Wastewater
 Public Facilities & Parks
Client Base
 Cities
 Counties
 Special Districts
Our team has the demonstrated ability to complete projects on-time and on-budget. We manage the budgets and schedules for every project carefully and can expedite project progress as needed to meet constrained timeframes. When assembling teams for projects, Coastland | DCCM carefully assesses the needs of the client and the project along with each team member’s skills, experience, and current and projected commitments before assigning them to projects. We have proposed a strong team that is available to fully commit to meeting the City’s project needs. Furthermore, our depth of staff throughout the company is available as needed to ensure we provide the City with a highly qualified team that is committed to providing ongoing communication to ensure project deadlines are met.

EXPERIENCE WITH FEDERAL AND STATE FUNDED PROJECTS - Our team has been involved in all stages of project delivery from the initial planning through construction of a multitude of state and federally funded improvement projects including disaster response. As contract City and District Engineers for multiple agencies throughout Northern California, our team has successfully administered, designed, and delivered many of these types of projects. Services have included identifying funding opportunities and preparing applications, supporting planning efforts including environmental compliance and permitting efforts, preparing or commissioning technical studies, conceptual and final designs, conducting public

6.D.b
Packet Pg. 169 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 5 outreach, grant management and reporting, and administering construction to ensure timely and accurate completion. This experience provides us with a solid understanding of the funding process, including administrative and scheduling requirements.

RELEVANT PROJECT EXPERIENCE

CITY OF HEALDSBURG

FOSS CREEK PATHWAY
Coastland | DCCM prepared feasibility studies and performed engineering design on several segments of this key bicycle and pedestrian pathway along the Sonoma-Marin Area Rail Transit (SMART) corridor in downtown Healdsburg. The Foss Creek Pathway extends from the southern to northern limits and plays a significant role in growing the community and encouraging transitoriented development in Healdsburg.

The pathway meanders between trees along the railroad tracks from the south to north end of town, tying into the Railroad Depot to allow users to transfer from one mode of transportation to another. For safety and security, a six-foot fence separates the railroad from the pathway and decorative lighting was installed through the length of the project. The 10-foot-wide pathway is located a minimum distance of 15-feet from the railroad centerline, with more clearance where possible. The pathway elevation is established based on the future reconstruction of the SMART tracks and the desired drainage patterns. Where necessary, a v-ditch in accordance with SMART standards was designed between the rail and the pathway to provide improved drainage conditions.

Coastland | DCCM’s role also included preparing hydrology and hydraulic calculations, upgrading storm drain facilities and addressing environmental concerns. The project involved extensive coordination with SMART and received recommendations from the North Coast Railroad Authority (NCRA) and the California Public Utilities Commission (CPUC).

Recently, Coastland | DCCM led a multi-discipline team in the design of Pathway Segments 7 and 8. The project involved preparation of environmental documentation and permitting, preliminary engineering and final engineering documents for the construction of public Class 1 bicycle and pedestrian facilities. These segments of the Foss Creek Pathway feature a 10-foot-wide asphalt concrete paved pathway, decorative LED lighting, two pedestrian bridge creek crossings, multiple culvert crossings, fencing, turnouts for future bench locations and an enhanced pedestrian safety crossing at Dry Creek Road. The pathway runs along the east side of Northwest Pacific Railroad right of way from the north end of Grove Street south to Dry Creek Road, where it crosses over to the west side of the railroad tracks and continues south to a creek crossing at Foss Creek and connects to Segment 6 of the pathway, which was completed in 2015.

Client Contact
Ben Kageyama, Senior Engineer
City of Healdsburg
(707) 431-3346
[email protected]

6.D.b
Packet Pg. 170 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 6

CITY OF PIEDMONT

ON-CALL ENGINEERING / CITY ENGINEER SERVICES
Since becoming the City of Piedmont’s contract City Engineer in 2009, Coastland | DCCM has provided a wide range of services to the City. These services include as-needed staff augmentation, program and project management, design, construction
management, and inspection. They also encompass plan and map review, funding assistance, CIP management and studies, development review and conditioning, and Pavement Management Program (PMP) updates. Additionally, Coastland | DCCM oversees traffic studies and design, conducts drainage studies, and provides GIS mapping and management of sewer, storm drain, streets, striping, and infrastructure information. Responsibilities extend to encroachment permit conditioning, issuance, and inspection, floodplain management, and staff report preparation. Our team also makes presentations to the City Council, Planning Commission, and other committees, and coordinates with jurisdictional agencies, and manage public relations. Services also include coordination and approvals through Caltrans Local Assistance, Alameda County Transportation Commission, MTC and other regulatory agencies.

As Piedmont is a bicycle and pedestrian focused community, all the transportation projects that Coastland | DCCM has completed for the City include a “Complete Streets” component. These have included sidewalk upgrades and replacements, pedestrian ramp improvements in accordance with ADA standards, pedestrian safety enhancements at intersections (including bulb-outs, RRFB installation, raised pedestrian crossings and striping), and ADA upgrades in parks.

OAKLAND AVENUE PAVEMENT REHABILITATION PROJECT
Coastland | DCCM provided design services for the rehabilitation of Oakland Avenue from the western City limits to Grand Avenue. The project included installation of three enhanced pedestrian crossing improvements including RRFBs, bulb-outs, reconstruction of eleven curb ramps, grind and overlay of the pavement, Class II bike lanes, and traffic striping and signage. The project was funded by an OBAG2 grant and local agency monies. We were responsible for processing all the required Caltrans forms from the onset of the project to project close out.

OAKLAND AVENUE BULB-OUTS AT JEROME AND EL CERRITO AVENUES Coastland | DCCM recently provided design services for the installation of enhanced pedestrian crossing improvements at the intersections of Oakland Avenue/El Cerrito Avenue and Oakland Avenue/Jerome Avenue, including curbed bulb-out ramps, associated drainage modifications, Rectangular Rapid Flashing Beacon (RRFB’s) and edge lit signs.

LINDA AVENUE BULB-OUTS
Coastland | DCCM provided design services for the Linda Avenue Bulb-out project, which included pedestrian actuated flashing beacons. The City’s Bicycle and Pedestrian Master Plan identified several locations as high-priority locations for installation of enhanced pedestrian crossings to provide better pedestrian safety. Two locations included crosswalks on Linda Avenue in front of Beach Elementary Schools and City tennis courts. Improvements associated with the project included installation of bulbouts at two locations and edge lit flashing pedestrian activated crossing signs at each of the two crossings, as well as striping improvements on Linda Avenue to include bicycle lane/routes that connected to existing bicycle lanes in the City of Oakland. The bulb-outs now provide significantly safer crossings at these locations and bicycle lane striping has promoted traffic calming due to narrower lanes.

Client Contact
Daniel Gonzales, Public Works
Director
City of Piedmont
(510) 420-3061
[email protected]

6.D.b
Packet Pg. 171 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 7

CITY OF UKIAH

CLARA AVENUE NEIGHBORHOOD ENHANCEMENT
The primary goal of this project was to provide safe and functional facilities for pedestrians and to extend the roadway life on older streets near the City’s downtown area. To accomplish this, Coastland | DCCM prepared a community-based design plan that improves pedestrian facilities, drainage patterns, and pavement conditions on Clara Avenue, Lorraine Street, and Betty Street in Ukiah. The streets in need of improvement lacked contiguous sidewalks and underground drainage facilities and had poor pavement conditions. Coastland | DCCM’s services included reviewing a variety of traffic calming and pavement rehabilitation measures and recommending the most effective improvement for each street. Traffic calming and pedestrian measures included the use of intersection and midblock bulb-outs, edge striping, alternating parking, hatched crosswalk markings and road narrowing.

Coastland | DCCM addressed the poor pavement conditions and recommended the most cost-effective rehabilitation alternative for each location. Services also involved obtaining community input through public workshops to gather local information about needs, concerns, and recommendations for each street location. Due to lack of funds for construction, the City has only constructed a portion of Clara Avenue. As future funds become available the City can use the completed design plans to advertise for bidding and construction.

MAIN STREET UTILITIES IMPROVEMENT PROJECT
Coastland | DCCM provided design services to the City of Ukiah to replace aged and obsolete sewer and water mains along Main Street between East Gobbi Street and Norton Street. The project also included full roadway pavement reconstruction along the project length (approximately 3,850 linear feet), 23 locations of curb ramp reconstruction and installation, and replacement of existing striping and crosswalks. The improvements also added bike lane striping and markings in accordance with the City of Ukiah’s Bike and Pedestrian Master Plan. Class II bikes are provided along the entire project length.

TOWN OF WINDSOR

BROOKS ROAD AND NATALIE DRIVE CROSSWALK ENHANCEMENT
Coastland | DCCM provided engineering design services and support during construction to the Town of Windsor for the enhanced crosswalk improvements project at Brooks Road and Natalie Drive.

The goal of the project was to improve pedestrian safety and access along Brooks Road. The project involved the installation of a new midblock crosswalk with pedestrian activated RRFBs, pedestrian refuge island, bulb-outs, and protected Class II bike lanes. The crosswalk is near the popular Hiram Lewis Park and Windsor Middle School. This project was funded with HSIP and General Funds.

Other recent and relevant projects for the Town of Windsor include:
• Starr Road Enhanced Pedestrian Crosswalk
• Bell-Market-Windsor River Road Pedestrian Improvements • Windsor Road Pedestrian Improvements
Client Contact
Tim Erickson, Director of Public
Works/City Engineer
City of Ukiah
(707) 463-6280
[email protected]
Client Contact
Andrew Stricklin, Associate Engineer
City of Ukiah
(707) 463-6297
[email protected]
Client Contact
Alejandro Perez, Senior Engineer
Town of Windsor
(707) 838-5318
[email protected]

6.D.b
Packet Pg. 172 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 8

OLD REDWOOD HIGHWAY BICYCLE & PEDESTRIAN ENHANCEMENTS
Coastland | DCCM completed engineering design and management on this project, which addressed the Town of Windsor’s longstanding desire to provide connectivity for pedestrian and bicycle movements through the US 101 interchange with Old Redwood Highway. Coastland | DCCM completed the design and PS&E documents and provided coordination of a team of subconsultants that consisted of a traffic engineering firm, surveyor and landscape architect.

Pedestrian improvements included two new pedestrian signal phases at the intersection of Old Redwood Highway/US 101 NB off-ramp and Lakewood Drive, approximately 400-linear feet of sidewalk, 13 ADA curb ramps, six (6) standard crosswalks, one (1) enhanced/raised crosswalk, and 12 countdown pedestrian signal heads. The new crossings and raised crosswalk provided a more direct route for pedestrians and improve safety at the on-ramp by increasing visibility. New bicycle facilities included approximately 2,500 linear feet of Class II bike lanes enhanced with colored asphalt, bicycle lane detector loops at the southbound and eastbound approaches to the US 101 NB off-ramp and Lakewood Drive signalized intersection and retrofit of four (4) bicycle-friendly drainage grates within the proposed bike lanes. The bicycle facilities on Old Redwood Highway closed the gap between existing facilities on each side of the US 101 interchange.

CITY OF AMERICAN CANYON

MELVIN ROAD SIDEWALK AND DRAINAGE IMPROVEMENTS DESIGN
Coastland | DCCM is currently designing plans, specifications, and construction cost estimates for sidewalk and storm drain improvements along Melvin Road. The engineering design team will be developing a project specific drainage study to further evaluate the hydrology and hydraulics for the project improvements.

The purpose of this project is to provide additional
sidewalk and pedestrian connectivity within the City’s
right-of-way along Melvin Road. Completing the infill
sections of sidewalk along Melvin Road will provide
residents in the area with more access to the adjacent
schools, commerce, and facilities in the surrounding
areas. This project will also provide an opportunity to install additional storm drain infrastructure that can
improve the area’s hydrology and resiliency during
storm events.

Client Contact
Carl L. Euphrat, Senior Engineer
Town of Windsor
(707) 838-1195
[email protected]
(Before) (After)
Old Redwood Highway, Town of Windsor
Photo courtesy of W-Trans
Client Contact
Erica Ahmann Smithies, Public Works
Director
City of American Canyon
(707) 647-4366
[email protected]

6.D.b
Packet Pg. 173 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 9

WORK PLAN

PROJECT UNDERSTANDING
The intersection of Powell Avenue and Johnson
Street experiences significant pedestrian and
bicycle activity, particularly from students traveling
to and from the nearby high school and elementary
schools located northeast of the intersection.

Additionally, the bicycle/pedestrian path on the
north leg of Johnson Street connects to Lupine
Road and several neighborhoods, further
contributing to the crossing demand. To improve
safety for pedestrians and bicyclists at this
intersection, the project will include bulb-out curb
extensions, ADA-compliant curb ramps, and
Rectangular Rapid Flashing Beacons (RRFBs).

Additional improvements include updated striping,
yield-line pavement markings, and enhanced traffic
signage. This project is supported by a Highway
Safety Improvement Program (HSIP) grant that the
City successfully applied for and received.

The City has developed a concept layout for the
pedestrian crossing improvements, which includes
bulb-out curb extensions at Johnson Street to
shorten crossing distances and enhance
pedestrian visibility. At the southwest corner, a
large tree with exposed roots presents a unique
challenge; the bulb-out design will create the
necessary space for installing an ADA-compliant
ramp while preserving the tree. The crosswalk across Powell Avenue is proposed on the east side of the intersection. To accommodate the new bulb-outs, ramps, and sidewalk, asphalt concrete conforms will be constructed as needed. Additionally, a section of the existing concrete pavement on Johnson Street is anticipated to be removed and replaced with a full-width asphalt concrete paving section.

The City has allocated approximately $250,000 for the design and construction of the project which includes approximately $225,000 of HSIP funds and $25,000 of Measure T Funds. The City would like to have the complete bid documents ready for soliciting bids and constructing the project during the 2025 construction season. Coastland | DCCM recognizes the importance of close coordination with City staff to ensure the project is delivered on time and within budget. Our team will complete the contract specifications, plans, and engineer’s opinion of probable cost, collaborate with City staff to address submittal review comments, and provide bid assistance to help answer questions and issue addenda as required.

We understand the City has prepared and filed a Notice of Exemption with the Office of Planning and Research and the County Clerk. The City doesn’t anticipate any further environmental review and therefore we have not included any environemental support services in our proposal.

6.D.b
Packet Pg. 174 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 10 Coastland | DCCM understands the significance of this high priority pedestrian safety project for the City, and desire to go to construction this summer. Given the project's importance, it is essential that the work be completed in a timely manner while keeping the City Council, the public, and key stakeholders informed about its impacts and opportunities.

APPROACH
Coastland | DCCM will begin the project by evaluating project needs and reviewing available background information. Our team will coordinate closely with City staff and other stakeholders as appropriate to gain a comprehensive assessment of the project needs.

After the initial coordination, topographic survey and background work, Coastland | DCCM will begin designing preliminary pedestrian enhancements, which will include curb bulb-outs, curb ramp reconstructions, sidewalk replacements, traffic striping, markings, and RRFB’s. All work will be conducted within the existing right-of-way or public easements. We anticipate following the general layout of the City’s preliminary concept design. Limits of the intersection improvments may differ depending on existing grade information and ability to meet the ADA grading requirements. We will keep the City informed and updated on any design constraints and need for layout changes from the preliminary concept design.

The new curb bulb-outs will provide shortened pedestrian crossing, directional crosswalks, and enhanced visibility with the addition of RRFB’s, signage, and markings. The design of the curb bulb-outs will need to consider impacts to drainage flows as well as turning movements for successful implementation. When modifying curb returns and moving the flowline into the roadway, drainage may not be able to flow as it did previously around the return. We will evaluate the need for any storm drain improvements to provide adequate drainage as part of the 75% design efforts. Turning movements, particularly for larger emergency vehicles, will also be considered. The curb bulb-outs will be designed so emergency vehicles are not prevented from entering or exiting a roadway.

We understand the City prefers to have the RRFB’s hardwired in lieu of stand-alone solar powered units. As part of the design process, we can evaluate the advantages/disadvantages as well as construction costs for hardwired versus solar power RRFB’s and provide the City with recommendations at the 60% design submittal. If hardwired RRFB’s are selected, we are assuming the electrical service will be coordinated with the City’s Electric Department.

For each crosswalk, sight distance analyses will be performed to ensure compliance with Assembly Bill 413, ensuring proper stopping sight distances. Additionally, red curb markings will be applied to designate no-parking zones, keeping these areas at least 20-feet from crosswalks and 15-feet from curb bulb-outs, as required by state guidelines.

The City of Healdsburg has adopted the City of Santa Rosa’s 2017, revised through 2021, Storm Water Low Impact Development Technical Design Manual (Manual), which sets requirements for compliance with the City’s NPDES MS4 Permit. Coastland | DCCM will work with the City to complete the Storm

6.D.b
Packet Pg. 175 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 11 Water LID Determination Worksheet to determine if the project will trigger the requirements of the LID Technical Design Manual. Due to the small project size (less than 10,000-SF of new or replaced impervious surface) we do not anticipate it will trigger the post construction stormwater requirements of the Manual.

To maintain a high level of quality and completeness, our team will devote themselves to managing their time wisely, developing innovative solutions, and maintaining clear and consistent communication with the City. During the initial phase, the Coastland | DCCM team will work closely with City staff to evaluate any non-standard design conditions, potential utility conflicts and other key issues that may affect the design of the project. Our construction management team and our in-house Certified Access Specialist (CASp) will review the project plans to ensure constructability and compliance with ADA requirements, as well as look for opportunities to save money by using alternate construction methods.

QUALITY CONTROL
Coastland | DCCM employs a comprehensive set of project management practices and established procedures to
consistently meet the quality, cost, and schedule goals of each project. Key elements of our approach include
maintaining clear communication with clients, coordinating effectively with subconsultants to meet deadlines, and closely tracking project schedules and budgets.

We understand the importance of staying on schedule, as delays can lead to increased costs for both the client and consultant. To prevent this, we proactively inform clients when project scope changes could impact costs or extend timelines, ensuring there are no surprises along the way.

To manage budgets and financials, Coastland | DCCM uses Deltek Vantagepoint software, a widely recognized tool for tracking project budgets, invoicing, and timesheets. This software provides real-time, on-demand reporting of time and expenses for any given period. On a monthly basis, our
project managers review project budgets, invoices, and
charges to ensure accurate financial tracking. We also share budget details with project teams, making sure each member understands their responsibilities and the associated budget.

Our QA/QC program ensures that our work products meet the highest standards and fulfill the scope of each task. During the initial phase, we will collaborate closely with City staff to assess any non-standard design conditions, potential utility conflicts, and other critical issues that could impact the project design.

Our construction management team, along with our in-house Certified Access Specialist (CASp), will review the project plans to confirm constructability and ensure compliance with ADA requirements. Before submitting major deliverables, we conduct comprehensive reviews by the project Principal Engineer or a technical expert to ensure technical accuracy and completeness. The Project Manager also reviews each project deliverable to confirm it meets the City’s expectations and aligns with the project scope.

6.D.b
Packet Pg. 176 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 12

SCOPE OF SERVICES
TASK 1 – PROJECT MANAGEMENT
Task 1.1 Project Management
Throughout the duration of the project our Project Manager will oversee the design team to ensure work is completed on time and within the established budget, including ensuring that invoices are accurate and timely. The Project Manager will also ensure that the proper quality control process is followed. A project design schedule will be created and updated at each design milestone or as requested.

Task 1.2 Design Milestone Meetings
We propose to meet with City staff to discuss project details, establish goals, review the project schedule and coordinate efforts. Included are the project kick-off meeting and three (3) progress design reviews (Design Development, 75%, and 100% submittals).

Task 1.3 Progress Meetings
In addition to the design milestone meetings, we will hold regular bi-weekly meetings with City staff to ensure the project stays on track and aligns with the City’s goals and expectations. These meetings will serve as an opportunity to review and discuss specific design approaches, allowing for timely decisionmaking on design elements that may impact the project prior to each milestone submittal. This collaborative process will help ensure that the project progresses smoothly, and any necessary adjustments are made before key design approvals.

TASK 2 – PROJECT AND BACKGROUND RESEARCH
Task 2.1 Field Reviews
We will conduct an initial field visit to capture digital photos of the site and identify any unique or special conditions that could impact the project design or construction. Throughout the design phase, additional field visits will be made on an as-needed basis to evaluate and refine our approach, ensuring the constructability of our proposed solutions. Prior to bidding, we will visit the site once more to assess any changes or improvements that may have occurred to identify any potential conflicts with the final plans.

This ensures that the design remains up-to-date and accurately reflects the current site conditions.

Task 2.2 Background Research
We will assemble the available City information pertaining to the project including as-built drawings, benchmark information, utility information, base maps, right-of-way data and additional pertinent information for the project.

Task 2.3 Utility Coordination
We will work with outside utility companies to ensure that existing facilities, both underground and overhead, are identified accurately during the design phase. This task will include writing letters to PG&E, AT&T, Comcast and other providers in the vicinity, informing them of the project and requesting facility drawings.

TASK 3 –SURVEYING
Task 3.1 Topographic Survey
Our subconsultant, Cinquini and Passarino, Inc. (CPI), will conduct a topographic survey of the project area. The topographic survey will be at a drawing scale of 1 inch = 10 feet, with a one-foot contour interval.

The topographic survey will include the following:
 Limits of topographic survey will include the intersection of Powell Avenue and Johnson Street.  Mapping will include the area of proposed enhancements as shown on Attachment B Preliminary Design to the City’s request for proposals plus an additional 25-feet beyond the proposed improvements.

6.D.b
Packet Pg. 177 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 13  The width of the survey will be 5-feet behind the back of sidewalk to 5-feet behind back of sidewalk, where accessible. Additional points will be collected 5-feet into the roadway measured the lip of gutter in the vicinity of the proposed curb ramp improvements.

Topographic survey will include all necessary work to produce a topographic map, including features such as, but not limited to: edges of pavement, curb lines, water meters, sewer cleanouts, valves, manholes (including rim, invert and pipe information), utility markings on the pavement, utility poles, driveway locations, sidewalks, trees six inches and larger, retaining walls and any other pertinent information that could apply to the project during design within the public right-of-way.

Topographic survey will be provided on North American Vertical Datum of 1988 and horizontally relate to California Coordinate System of 1983, Zone II, Epoch 2017.50, as established by GNSS observations.

Task 3.2 Right-of-Way Determination
CPI will perform a right-of-way retracement survey to locate the right-of-way of Powell Street and Johnson Street adjacent to the project. A Record of Survey will be required in accordance with Section 8762, of the Professional Land Surveyors’ Act, Business and Professions Code, State of California as the City of Healdsburg’s right-of-way deeds have not been previously mapped. A Record of Survey will be prepared and filed with County of Sonoma.

TASK 4 – PUBLIC OUTREACH
Task 4.1 Public Informative Material
Coastland | DCCM understand that City staff will handle the public outreach and correspondence. Our team will provide the City with a brief narrative description of the project and a vicinity map / site map of where the proposed improvements are to be completed. City staff will then utilize City letterhead and add additional information at their discretion to further update the public and will provide direction to individual property owners who may wish to discuss the project or have questions for City staff.

TASK 5 – DESIGN PLANS, SPECIFICATIONS, AND COST ESTIMATE (PS&E) Coastland | DCCM will prepare detailed improvement plans, specifications, and an engineer’s opinion of probable construction cost for the project. The improvement plans will include the design and layout for all proposed road reconstruction and pedestrian safety upgrades. The specifications will consist of both general and technical provisions, with special provisions customized to meet the specific needs of the project, and these will be integrated with the City’s standard boilerplate general provisions. It is assumed the City will prepare the required front-end specifications. The engineer’s opinion of probable construction cost will be based on a comprehensive analysis of quantities and current unit price estimates for the proposed contract bid items.

Task 5.1 Design Development Review
Following the background and survey efforts, we will assemble a single plan sheet that takes the City’s preliminary design and evaluates the proposed improvements for constructability. Our primary focus will be to confirm if the gutter flow & drainage patterns can be achieved with the proposed bulb outs, and to confirm that the curb ramps and associated grading can be completed within the existing right-of-way.

Coastland | DCCM will send this exhibit to the City for review, and will discuss our initial findings with City staff via a Teams meeting. The purpose of this meeting and review will be to confirm the project design direction in preparation of the 75% Plans, Specifications, and Estimate..

Task 5.2 75% PS&E
Coastland | DCCM will then prepare a 75% submittal of the plans, technical specifications and engineer’s opinion of probable construction cost. The 75% submittal will include plan view layouts and grading details

6.D.b
Packet Pg. 178 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 14 of the new curb and gutter and sidewalk improvements as well as the site plans and details for the associated RRFB’s, signage and pavement markings.

Coastland | DCCM’s Construction Manager will perform a review of the 75% documents and walk the site to ensure constructability. Through this review, we will help minimize claims and potential change orders as well as look for opportunities to save money by using alternate construction methods.

Included in the submittal will be three (3) sets of full-size plans (22” x 34”), three (3) copies of the draft technical specifications and three (3) copies of the engineer’s opinion of probable construction cost. We will also provide electronic files in MS Word, MS Excel, and PDF formats as appropriate Task 5.3 100% PS&E
Following the City’s review, we will address any comments on the 75% submittal and provide the City with two (2) sets of drawings, final engineer’s estimate and electronic specifications for review to verify all comments have been addressed. Following the City’s final review, we will prepare final bid documents, including stamped and signed electronic drawings and camera-ready specifications. The final approved drawings in electronic AutoCAD format, and all related files in MS Word, MS Excel, and PDF formats as appropriate. We will also provide AutoCAD drawings to the contractor for the purposes of construction survey following City award of the project.

TASK 6 – CALTRANS LOCAL ASSISTANCE COORDINATION
As this is a state funded project, the funding requires several additional documents to be processed through Caltrans. These include, but are not limited to, submitting certification for the plans, specifications and estimate of probable construction cost; submitting a right-of-way certification; submittal of utility verifications and agreements, request for authorization to bid the project and submittal of authorization to proceed with construction (prior to official award of the project by the City Council). These forms will be processed through Caltrans’ Local Assistance department. Coastland | DCCM understands that the City staff will complete the necessary forms and correspondence with Caltrans to support the project and the HISP grant closeout. Coastland will provide technical assistance to City staff on an as needed basis for pertinent project data from the design (i.e. quantities of materials, depths of excavations, and construction duration).

TASK 7 – BIDDING ASSISTANCE
Task 7.1 Bidder Questions and RFI
During the bidding process, we will provide bid assistance to the City to answer questions that may arise during the bidding phase and answer prospective bidder’s Request for Information (RFI). If requested, we will also attend a pre-bid conference for prospective bidders.

Task 7.2 Contract Addendum(s)
If required, we will assist the City in preparing up to two (2) addendums that may be necessary.

Please note that the time associated with this task does not include any time necessary for bid protests.

If a bid protest is issued by any of the bidders, we can provide this as an additional service on a time and materials basis, as the time to process the protest is unknown.

EXCLUSIONS
We have included the following exclusions in preparing the scope of work for this proposal.  Environmental review/clearances
 Public Outreach
 Completion of Caltrans forms or grant reporting documents  Design assistance during construction and record drawings  Construction management & inspections and material testing

6.D.b
Packet Pg. 179 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 15

SCHEDULE
After considering our specific approach to this project, we have provided a proposed schedule and will work closely with the City to meet your scheduling goals. The following schedule provides a framework for completion of project tasks and reflects a realistic approach to completing this project. If desired, this schedule can be modified with a corresponding change to the Work Plan. Coastland | DCCM staff has the ability to meet the required time schedules and is committed to doing so.

Coastland | DCCM is prepared to begin work upon receipt of a Notice to Proceed. Our first task will be to work with the City to finalize a project schedule and identify milestones of each task. Our preliminary schedule shows estimated completion dates of major milestones dependent on City review timeframes.

With the short duration schedule our proposed schedule allows time for a one-week City review at, 60% and 90% submittals. We have also assumed a four-week review time for Caltrans Local Assistance.

6.D.b
Packet Pg. 180 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) Pedestrian Enhancements at Powell Ave. and Johnson St. Intersection | Page 16

REQUIRED SUBMITTAL FORMS
In response to the RFP, the following statements/forms are included with this proposal:

1. Attachment 1 – Cost Proposal Form (Per the RFP, submitted in a separate sealed envelope)

2. Attachment 2 – Proposer Information and Certifications

3. Attachment 3 – Proposer References

4. Statement regarding Draft Contract Language
Coastland | DCCM accepts the Draft Contract Language

6.D.b
Packet Pg. 181 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP)

APPENDIX A

RESUMES

6.D.b
Packet Pg. 182 Attachment: Scope (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP) $217.55 $167.44 $148.78 $182.98 $238.70
1 PROJECT MANAGEMENT

1.1 Project Management 20 20 $3,348.80

1.2 Design Milestone Meetings (3) 2 6 6 14 $2,332.42

1.3 Progress Meetings 8 8 16 $2,529.76
Subtotal 50 $8,210.98
2 PROJECT AND BACKGROUND RESEARCH

2.1 Field Reviews 8 8 16 $2,529.76

2.2 Background Research 2 4 6 $930.00

2.3 Utility Coordination 2 4 6 $930.00
Subtotal 28 $4,389.76
3 SURVEYING

3.1 Topographic Survey 2 4 $3,810 6 $4,740.00

3.2 Right of Way Determination 2 4 $7,605 6 $8,535.00
Subtotal 12 $13,275.00
4 PUBLIC OUTREACH

4.1 Public Informative Material 2 2 4 $632.44
Subtotal 4 $632.44
5 DESIGN PLANS, SPECIFICATIONS, AND COST ESTIMATE (PS&E)

5.1 Design Development Review 2 12 24 38 $6,015.10

5.2 75% PS&E 2 12 56 4 6 80 $12,940.18

5.3 100% PS&E 2 8 24 1 2 37 $6,005.72
Subtotal 155 $24,961.00
6 CALTRANS LOCAL ASSISTANCE COORDINATION

6.1 Caltrans Local Assistance Forms/Submittals 2 4 2 8 $1,402.42 Subtotal 8 $1,402.42
7 BIDDING ASSISTANCE

7.1 Bidder Questions & RFI's 2 4 4 10 $1,699.98

7.2 Contract Addendums (2) 2 8 6 16 $2,667.30
Subtotal 26 $4,367.28
Direct Costs (repro, mileage, etc.) $600
Total Cost 14 100 156 5 8 11,415$ 283 $57,838.88
Engineering Design Services City of Healdsburg
CASp

WORK ESTIMATE

TASK TOTAL FEE TOTAL
HOURS
Construction
Manager
Task Information
Principal
(QA/QC) Cinquini &
Passarino
Powell and Johnson Pedestrian
Enhancements
Assistant
Engineer
Senior
Engineer
Hours & Cost

6.D.c
Packet Pg. 183 Attachment: Fee (4820 : Professional Services Agreement with Coastland Civil Engineering, LLP)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Accepting Grant Funds from the Metropolitan Transportation Commission's (MTC's) Transit-Oriented Communities (TOC) Planning Grant Program
PREPARED BY: Scott Duiven, Community Development Director STRATEGIC INITIATIVE(S):

Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Expand Affordable Housing Opportunities
Maintain and Improve Infrastructure and Facilities
Provide Effective Governance
RECOMMENDED ACTION(S):

Adopt a Resolution committing to take steps toward achieving compliance with the Metropolitan Transportation Commission's (MTC's) Transit-Oriented Communities (TOC) Policy as a condition for MTC to allocate regional discretionary funding to the Healdsburg SMART Station Area Specific Plan in the amount of $1,130,000 and amending the Adopted Budget.

COMMUNITY ENGAGEMENT/OUTREACH:

Extensive community outreach and engagement will be central to successful preparation of the Healdsburg SMART Station Area Specific Plan. The planning effort is anticipated to take 2 to 3 years during which there will be significant engagement and outreach to the community at large, directly affected stakeholders (e.g., property owners, businesses, residents, and interest groups), and civic decision-makers.

BACKGROUND:

MTC’s Transit-Oriented Communities (TOC) Policy (MTC Resolution 4530) was adopted in September 2022 and revised in October 2023. The TOC Policy seeks to support the region’s transit investments by ensuring communities within ½ mile of transit stations and along transit corridors are places that not only support transit ridership, but are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work, and access services. The TOC Policy is rooted in Plan Bay Area 2050 (PBA 2050), the region’s Long Range Transportation Plan/Sustainable Communities Strategy, and addresses all four elements of

6.E
Packet Pg. 184
the Plan including transportation, housing, the economy, and the environment. Compliance with the TOC Policy is voluntary for jurisdictions that want to advance the goals of PBA 2050, but will be required to be eligible and/or competitive for some MTC discretionary funding such as the One Bay Area Grants (OBAG).

Four goals guide the TOC Policy and advance PBA 2050 implementation:
• Increase the overall housing supply in part by increasing the density for new residential projects and prioritize affordable housing in transit-rich areas. • In areas near regional transit hubs, increase density for new commercial office development.
• Prioritize bus transit, active transportation, and shared mobility within and to/from transit-rich areas.
• Support and build partnerships to create equitable transit-oriented communities within the San Francisco Bay Area.

Healdsburg applied to MTC’s 2024 Transit-Oriented Communities Planning and Implementation Grants program seeking to prepare a Specific Plan for Healdsburg’s Priority Development Area which includes the half-mile around the Planned Healdsburg SMART Station and the Priority Site known as the South Entry Area Plan. While Healdsburg is well-positioned with its recently adopted Housing Element to address the TOC Policy requirements related to affordable housing production, preservation, and protection; a Specific Plan is needed to address the requirements related to minimum residential and commercial office densities, parking management, and transit station access and circulation. Furthermore, the Plan will integrate housing, employment, transportation, and infrastructure needs in the South Entry Area which is currently not served with public utilities (water, sewer, stormwater). A programmatic Environmental Impact Report (EIR) will be prepared, allowing for future streamlining of development projects consistent with the Plan.

DISCUSSION/ANALYSIS:

Healdsburg has been granted $1,130,000 in funding from the Metropolitan Transportation Commission’s (MTC) Transit-Oriented Communities (TOC) Policy program for the area surrounding the planned Healdsburg SMART rail station and the South Entry Area.

The TOC policy requirements consist of the following four elements:

1. Density: Increase residential and commercial densities in areas near transit stations.

2. Housing: Prioritize affordable housing production, preservation and protection in transitrich areas.

3. Parking: Adjust minimum and maximum parking ratios and pursue transportation demand management policies.

4. Access and Circulation: Prioritize active transportation and shared mobility within and to/from areas within ½ mile of fixed rail stations.

While compliance with the TOC Policy is voluntary for jurisdictions, compliance is likely to be considered as a key factor in future MTC discretionary grant funding. As a condition of the grant funding, MTC requires Healdsburg to submit a resolution of local support and commitment

6.E
Packet Pg. 185
toward taking steps to achieve compliance with MTC’s TOC Policy (Attachment 1).

ENVIRONMENTAL STEWARDSHIP:

Development and future implementation of the Healdsburg SMART Station Area Specific Plan will result in increased housing and jobs within the area surrounding the SMART rail station and in close proximity to services and entertainment which could reduce Vehicle Miles Traveled (VMT) as residents, employees, and visitors could drive less to meet daily needs.

ALTERNATIVES:

Decline to adopt the resolution committing to achieve compliance with MTC’s TOC Policy and not accept the grant funding for the Healdsburg SMART Station Area Specific Plan.

FISCAL IMPACT:

The proposed action is to adopt a resolution of local support to accept grant funds in the amount of $1,130,000 to prepare the Specific Plan. There are no local matching funds required, the grant will be administered on a reimbursement basis and the grant includes federal funding sources.

The grant period will begin July 2025 and continue through October 2027. Until an RFP is prepared, and a consultant team selected, the total cost of the planning project is not known. Staff anticipate that property owners within the South Entry Area Plan boundary will come forward to assist in funding the planning effort if the amount exceeds available grant funding. Staff are proposing to amend the Adopted Fiscal Year 2025-26 budget to appropriate the grant revenue and expense.

ENVIRONMENTAL ANALYSIS:

This action does not qualify as a project pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5) that states that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not projects. Pursuant to CEQA Guidelines Section 15060(c)(3) any activity that is not a project is not subject to environmental review under CEQA.

Preparation of the Healdsburg SMART Station Area Specific Plan will require extensive environmental review, likely requiring preparation of an Environmental Impact Report.

ATTACHMENT(S):

Resolution
Exhibit A
Master Funding Agreement

6.E
Packet Pg. 186

CITY OF HEALDSBURG
RESOLUTION NO. __-2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG COMMITTING TO TAKE STEPS TOWARD

ACHIEVING COMPLIANCE WITH THE METROPOLITAN
TRANSPORTATION COMMISSION’S (MTC'S) TRANSIT-ORIENTED

COMMUNITIES (TOC) POLICY AS A CONDITION FOR MTC TO

ALLOCATE REGIONAL DISCRETIONARY FUNDING TO THE

HEALDSBURG SMART STATION AREA SPECIFIC PLAN IN THE
AMOUNT OF $1,130,000 AND AMEND THE ADOPTED BUDGET
WHEREAS, the MTC adopted Resolution 4530, the TOC Policy; and WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixedguideway transit stops and stations to support the region’s transit investments and implement key GHG reduction strategies from Plan Bay Area 2050; and
WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified the planned Healdsburg SMART Rail Station as a Tier 4 Transit Station Service; and
WHEREAS, MTC conditions the allocation of regional discretionary funding for fixedguideway transit extension projects on compliance with the TOC Policy; and WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024 the MTC announced a Call for Projects for Transit Oriented Communities (TOC) Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024 deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and

6.E.a
Packet Pg. 187 Attachment: Resolution (4840 : MTC TOC Planning Grant) Resolution No. – 2025

WHEREAS, the City of Healdsburg submitted a grant application to MTC for $1,130,0000 for the Healdsburg SMART Station Area Specific Plan; in response to MTC’s Call for TOC Planning and Implementation Projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Accept a grant award from MTC for $1,130,000 for TOC Compliance for the SMART Station Area Specific Plan project in response to MTC’s Call for TOC Planning and Implementation Projects.

2. Commit to completing the associated SMART Station Area Specific Plan work scope following MTC’s grant award.

3. Intend to adopt relevant plans, policies and/or zoning updates emerging from the work completed through the Healdsburg SMART Station Area Specific Plan planning grant to comply with the TOC Policy’s density, housing affordability, parking, and access/circulation requirements.

4. Authorize the City Manager to execute a Master Funding Agreement with the Metropolitan Transportation Commission, along with any and all other documents necessary to secure the grant and undertake any related obligations.

5. Approve amending the Fiscal Year 2025-2026 Adopted Budget as depicted in the attached Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 5th day of May 2025, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ____________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk

6.E.a
Packet Pg. 188 Attachment: Resolution (4840 : MTC TOC Planning Grant) Resolution No.

Exhibit A
Account Number Increase Amount Decrease Amount Description 108-1000-34062-00000 $ 1,130,000 Increase Grant Revenue for MTC TOC Planning Grant 108-5051-43205-00000 $ 1,130,000 Increase Contracted Services Expense For MTC TOC Planning Grant FY 25-26 Budget Amendment

6.E.b
Packet Pg. 189 Attachment: Exhibit A (4840 : MTC TOC Planning Grant)

MASTER FUNDING AGREEMENT

BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION
AND

CITY OF HEALDSBURG

PLANNING, PROGRAMMING,

TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS
FOR
FISCAL YEAR 25-26 through FISCAL YEAR 2035-36

6.E.c
Packet Pg. 190 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement
Page ii

TABLE OF CONTENTS

ARTICLE PAGE

1.0 GENERAL..................................................................................................................................... 1

2.0 INTERAGENCY AGREEMENT ADMINISTRATION.......................................................... 2

3.0 FUNDING...................................................................................................................................... 2

4.0 TERM............................................................................................................................................. 2

5.0 PAYMENT .................................................................................................................................... 3

6.0 DELAYS AND FAILURE TO PERFORM................................................................................ 3

7.0 AMENDMENTS ........................................................................................................................... 3

8.0 TERMINATION........................................................................................................................... 4

9.0 USE OF THIRD PARTY CONTRACTS ................................................................................... 4

10.0 INDEMNIFICATION .................................................................................................................. 4

11.0 LAWS AND REGULATIONS..................................................................................................... 4

12.0 RECORDS..................................................................................................................................... 4

13.0 AUDITS ......................................................................................................................................... 5

14.0 SUBCONTRACTS........................................................................................................................ 5

15.0 PROHIBITED INTERESTS ....................................................................................................... 6

16.0 ORGANIZATIONAL CONFLICTS OF INTEREST............................................................... 6

17.0 CHOICE OF LAW....................................................................................................................... 7

18.0 PARTIAL INVALIDITY............................................................................................................. 7

19.0 NO THIRD PARTY BENEFICIARIES ..................................................................................... 7

20.0 ORDER OF PRECEDENCE....................................................................................................... 7 EXHIBIT A FORM OF SUPPLEMENT ............................................................................................... 9 EXHIBIT B-1 ADDITIONAL TERMS AND CONDITIONS (GENERAL) .................................... 11

6.E.c
Packet Pg. 191 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement
Page iii
EXHIBIT B-2 ADDITIONAL TERMS AND CONDITIONS (FEDERALLY REQUIRED CLAUSES)............................................................................................................................................... 12 EXHIBIT B-3 ADDITIONAL TERMS AND CONDITIONS (STATE-REQUIRED CLAUSES) 21 EXHIBIT B-4 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES,

APPRENTICESHIPS, AND PAYROLL RECORDS NON FEDERALLY FUNDED AGREEMENTS)..................................................................................................................................... 34 EXHIBIT B-5 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS FEDERALLY FUNDED AGREEMENTS)35 EXHIBIT B-6 ADDITIONAL TERMS AND CONDITIONS (REGIONAL TOLL FUNDS INCLUDING RM1, RM2, AND AB 1171) ........................................................................................... 40 EXHIBIT B-7 ADDITIONAL TERMS AND CONDITIONS (REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ)........................................................................ 45

6.E.c
Packet Pg. 192 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant)

MASTER FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF HEALDSBURG
For PLANNING, PROGRAMMING,

TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS
This Master Funding Agreement, effective as of [DATE] (this “Master Funding Agreement” or “Agreement”), is entered into by and between the Metropolitan Transportation Commission (hereafter “MTC”), a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., and City of Healdsburg (hereafter "AGENCY"). MTC and AGENCY are collectively referred to herein as “the Parties.”

WITNESSETH
WHEREAS, MTC has been designated as the Metropolitan Planning Organization (MPO - federal) and the Regional Transportation Planning Agency (“RTPA” - state) for the San Francisco Bay Region; and
WHEREAS, MTC from time to time expects to provide funds available to it as MPO, RTPA or otherwise to AGENCY; and
WHEREAS, it is expected that these funds will be used for planning, programming, transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”); and
WHEREAS, the Parties wish to set forth the terms and conditions under which MTC may from time to time provide funding to AGENCY; and
WHEREAS, before MTC will make funds available hereunder, MTC and AGENCY will enter into at least one Supplement to this Master Funding Agreement, which must be in substantially the form attached hereto as Exhibit A (each, a “Supplement”) to establish the terms and conditions applicable to AGENCY when receiving funds for the Project;
NOW, THEREFORE, the Parties hereto agree as follows:

1.0 GENERAL
This Master Funding Agreement shall have no force and effect with respect to a Project or any portion thereof unless and until a Supplement has been fully executed by both MTC and AGENCY governing the relevant Project. Exhibit A, Form of Supplement, is attached hereto and incorporated herein. Each Supplement shall include the following information:
a. A description of the applicable Project scope of work;

6.E.c
Packet Pg. 193 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

b. A maximum payment amount for the applicable Project scope of work; c. An indication of whether the various clauses attached hereto as Exhibits B-1 through B-7 shall apply to AGENCY’s implementation of the applicable Project scope of work; d. Any additional covenants, conditions, restrictions or reporting requirements that apply to the applicable Project scope of work or funding source MTC is providing to AGENCY; e. Identification of the MTC and AGENCY project managers for the applicable Project scope of work;
f. The estimated budget and payment milestones for the applicable Project scope of work; and
g. Any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.

Upon execution by MTC and AGENCY of such a Supplement, AGENCY shall assume the responsibility for implementing the applicable Project scope of work, and MTC will administer funding to AGENCY in accordance with this Agreement, the applicable Supplement, and any other documents incorporated by reference into such Supplement.

2.0 INTERAGENCY AGREEMENT ADMINISTRATION
The administration of this Agreement will be conducted by MTC staff. Day-to-day management of individual projects required under this Agreement is assigned to the appropriate Project Manager at AGENCY and Project Manager at MTC, as set forth in the applicable Supplement.

3.0 FUNDING
A. The total compensation to be paid to AGENCY under this Agreement shall be the sum of the amounts of compensation payable to AGENCY as set forth in each Supplement.

B. AGENCY and MTC jointly agree to exert their best efforts to manage each component of the Project in such a way that prevents costs from exceeding the estimated budget set forth in the applicable Supplement.

C. Reimbursement of AGENCY travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-representative employees)

4.0 TERM
This Agreement is in effect for the ten years following the Effective Date. This Agreement term may be extended by mutual written agreement.

6.E.c
Packet Pg. 194 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

5.0 PAYMENT
Contingent upon AGENCY’s satisfactory completion of work products or milestones, as applicable, required under the applicable Supplement, AGENCY shall submit invoices to MTC for that portion of the funds available to AGENCY that have been expended. This invoice will be in the format and provided no more frequently than prescribed by MTC in the applicable Supplement. In addition, all supporting documentation must accompany expenditures included on AGENCY invoices. Payment shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, which shall be subject to the review and approval of MTC’s Project Manager or a designated representative. Approval of an invoice shall not be unreasonably withheld. AGENCY should submit invoices electronically via email to MTC at [email protected] or deliver or mail invoices to MTC, as follows:

Attention: Accounting Section
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA, 94105

6.0 DELAYS AND FAILURE TO PERFORM
Whenever AGENCY encounters any difficulty that will delay timely performance of work, AGENCY shall notify MTC in writing. The parties agree to cooperate to work out a mutually satisfactory course of action.

If MTC determines that (a) AGENCY’s failure to complete a product on a timely basis is due to causes solely within AGENCY’s control; and/or (b) AGENCY has failed to consider MTC recommendations aimed at facilitating progress toward that product, MTC may impose such sanctions as it may determine appropriate. Sanctions may include withholding of commensurate payment due under this Agreement until compliance is achieved.

7.0 AMENDMENTS
This Agreement or any Supplement hereto may be amended by mutual agreement of MTC and AGENCY at any time during the term of the Agreement. All such changes shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the authorized Executive or a designated representative of MTC and AGENCY and specifically identified as amendments to the Agreement. The MTC Project Manager is not a designated representative, for purposes of executing an amendment.

6.E.c
Packet Pg. 195 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

8.0 TERMINATION
Either party may terminate this Agreement, in whole or in part, at any time upon ninety (90) days’ written notice. In this event, AGENCY shall submit a requisition to MTC for an amount representing the actual cost of services performed up to the effective date of termination for which AGENCY has not been previously reimbursed. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded. Upon payment of the amount found due, MTC shall be under no further obligation to AGENCY, monetarily or otherwise.

9.0 USE OF THIRD PARTY CONTRACTS
AGENCY may subcontract or subvene funds to local agencies, consultants or contractors for performance of portions of the work required under this Agreement, without the prior written consent of MTC, provided AGENCY complies with any other applicable requirements of this Agreement and the applicable Supplement hereto, and applicable federal and state requirements.

10.0 INDEMNIFICATION
AGENCY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, employees or agents, or subconsultants or any of them in connection with this Agreement.

11.0 LAWS AND REGULATIONS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state and/or a local government, and of any agency thereof, including but not limited to the California Department of Transportation (Caltrans) Local Assistance Procedures Manual, as they exist at the time of execution of the Agreement and as they may be amended in the future, which relate to or in any manner affect the performance of this Agreement and any Supplements.

12.0 RECORDS
AGENCY agrees to establish and maintain an accounting system conforming to generally accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the Project(s) being funded for audit purposes for a minimum of: (a) three (3) years following final payment

6.E.c
Packet Pg. 196 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c) until completion of any litigation, claim or audit, whichever is longest.

13.0 AUDITS
AGENCY shall permit MTC and MTC’s authorized representatives to have access to AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the term of this Agreement and for the period specified in Article 12. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. Such permission shall extend to books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement of the AGENCY’s contractors and subcontractors, if any. If applicable, should MTC request access to the construction site and related field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access as it deems reasonable and safe, subject to the rights of the property owner if such owner is not AGENCY.

AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subconsultant agrees that MTC or any of MTC’s duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subconsultant for the term specified above. “Subconsultant” is defined in Article 14.0 Subcontracts, below.

14.0 SUBCONTRACTS
A. For purposes of this Agreement, “subconsultant” shall mean any consultant or contractor under contract with the AGENCY to perform Project work. Any subconsultants must be engaged under written contract with AGENCY with provisions allowing AGENCY to comply with all requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this Agreement shall be at the risk of AGENCY. MTC’s Project Manager shall be notified in writing of any substitution or addition of subconsultants.

For any Project funded by the Federal Transit Authority (FTA), Federal Highway Administration (FHWA) or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Caltrans from time to time, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC’s Project Manager. MTC shall not process payment of any invoice under the applicable Supplement relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with respect to its contract with such subconsultant.

6.E.c
Packet Pg. 197 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

B. Nothing contained in this Agreement or otherwise, shall create any contractual relation between MTC and any subconsultants, and no subcontract shall relieve AGENCY of his/her responsibilities and obligations hereunder. AGENCY agrees to be as fully responsible to MTC for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by AGENCY. AGENCY's obligation to pay its subconsultants is an independent obligation from MTC's obligation to make payments to AGENCY.

C. Applicable provisions of this Agreement shall be included in any subcontract or subconsultant agreement in excess of $25,000 entered into under of this Agreement.

15.0 PROHIBITED INTERESTS
No member, officer, employee or agent of MTC, during his/her tenure shall have any prohibited interest as defined by California Government Code Sections 1090, et seq., direct or indirect, in the Agreement or the proceeds thereof. Prohibited interests include interests of immediate family members, domestic partners, and their employers or prospective employers. Accordingly, AGENCY further covenants that it has made a complete disclosure to MTC of all facts of which AGENCY is aware upon due inquiry bearing upon any possible interest, direct or indirect, that it believes any member, officer, agent or employee of MTC (or an immediate family member, domestic partner or employer or prospective employer of such member, officer, agent or employee) presently has, or will have in the Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute grounds for cancellation and termination hereof by MTC.

16.0 ORGANIZATIONAL CONFLICTS OF INTEREST
AGENCY shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed by subconsultants or subcontractors under this Agreement. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to MTC or AGENCY; a firm or person’s objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other Agreement.

AGENCY shall not engage the services of any subconsultant or subcontractor on any work related to this Agreement if the subconsultant or subcontractor, or any employee of the subconsultant or subcontractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this Agreement.

6.E.c
Packet Pg. 198 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

If at any time during the term of this Agreement AGENCY becomes aware of an organizational conflict of interest in connection with the work performed by a subconsultant or subcontractor hereunder, AGENCY shall immediately provide MTC with written notice of the facts and circumstances giving rise to this organizational conflict of interest. AGENCY’s written notice will also describe alternatives for addressing or eliminating the organizational conflict of interest. If at any time during the period of performance of this Agreement, MTC becomes aware of an organizational conflict of interest in connection with performance of any work hereunder by a subconsultant or subcontractor, MTC shall similarly notify AGENCY. In the event a conflict is presented, whether disclosed by AGENCY or its subconsultant or subcontractor, or discovered by MTC, MTC will consider the conflict presented and any alternatives proposed and meet with AGENCY to determine an appropriate course of action.

MTC’s determination as to the manner in which to address the conflict shall be final.

Failure to comply with this section may subject AGENCY or its subconsultant or subcontractor to damages incurred by MTC in addressing organizational conflicts that arise out of work performed by such subconsultant or subcontractor, or to termination of this Agreement for breach.

17.0 CHOICE OF LAW
All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State.

18.0 PARTIAL INVALIDITY
If any term or condition of this Agreement is found to be illegal or unenforceable, such term or condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full force and effect.

19.0 NO THIRD PARTY BENEFICIARIES
This Agreement is not for the benefit of any person or entity other than the parties.

20.0 ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this Agreement, any Supplement hereto, or the Exhibits hereto incorporated by reference into such Supplement, the following order of priority shall be used in resolving such conflict: the applicable Supplement shall have first priority, then the Exhibits incorporated into such Supplement, then this Agreement.

6.E.c
Packet Pg. 199 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above.

METROPOLITAN TRANSPORTATION

COMMISSION

CITY OF HEALDSBURG
Andrew B. Fremier, Executive Director Jeff Kay, City Manager

6.E.c
Packet Pg. 200 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT A

FORM OF SUPPLEMENT
SUPPLEMENT [insert number] TO MASTER FUNDING AGREEMENT
This Supplement No. ___ to Master Funding Agreement (“Supplement or “Agreement”) is entered into this ______day of _______, 2017, by and between the Metropolitan Transportation Commission (hereafter “MTC”) and [AGENCY] (hereafter “AGENCY”) and supplements the Master Funding Agreement, dated _______, 2017, by and between MTC and AGENCY.

Pursuant to this Supplement, MTC agrees to provide an amount not to exceed _________ dollars ($_______) in [describe funding source] to AGENCY to fund the [brief description of Project] (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.

MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement Project milestones or deliverables described in Annex II hereto.

The Supplement Project work will commence [date], and be completed no later than ________, 20__.

The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
 Exhibit B-1, Additional Terms and Conditions (General), Paragraph A  Exhibit B-1, Additional Terms and Conditions (General), Paragraph B  Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses)  Exhibit B-3, Additional Terms and Conditions (State Required Clauses)  Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
 Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
 Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
 Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
[Insert any additional covenants, conditions, restrictions or reporting requirements that apply to the Supplement Project scope of work or funding source MTC is providing to AGENCY.] [Describe/attach any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.]

6.E.c
Packet Pg. 201 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

The MTC Project Manager for the Supplement Project is [name, telephone, email]. The AGENCY Project Manager for the Supplement Project is [name, telephone, email].

This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.

Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.

METROPOLITAN TRANSPORTATION

COMMISSION
[AGENCY]
Andrew B. Fremier, Executive Director [Name/Title]

6.E.c
Packet Pg. 202 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-1

ADDITIONAL TERMS AND CONDITIONS (GENERAL)
A. INSURANCE REQUIREMENTS
AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under such Supplement, and in effect at all times for the duration of such Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best’s Rating of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance requirements herein utilizing self-insurance providing equivalent coverage.

B. CLAIMS OR DISPUTES
Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee (“DRC”) be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC.

Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally.

6.E.c
Packet Pg. 203 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-2

ADDITIONAL TERMS AND CONDITIONS
(FEDERALLY REQUIRED CLAUSES)

1. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.

2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.

AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of the applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate.

3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). For FTA-funded projects, AGENCY further agrees to comply with the current FTA Circular 4702.1A, “Nondiscrimination Guidelines for FTA Recipients,” the U.S. DOT Order to Address Environmental Justice in Minority Populations and Low-Income Populations, and the U.S. DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficient (LEP) Persons.

4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.

6.E.c
Packet Pg. 204 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

5. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).

6. ALLOWABILITY OF COSTS
AGENCY shall comply with the cost principles (as applicable) in Office of Management and Budget (OMB) Circulars A-87, or A-122, or 48 Code of Federal Regulations Chapter 1 Part 31, or 49 Code of Federal Regulations Part 18, or in 2 Code of Federal Regulations Parts 200 and 1201, as applicable. In addition, all subcontracts must be in accordance with 2 Code of Federal Regulations Part 200, as applicable, MTC's funding agreement with DOT and any regulations, guidelines and circulars of DOT, applicable as a result of such funding agreement. Further, all subconsultants shall agree to comply with 48 Code of Federal Regulations, Chapter 1, Part 31.

7. LICENSE FOR FEDERAL GOVERNMENT PURPOSES
FTA/FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under the applicable Supplement; and (b) any rights of copyright to which MTC or AGENCY purchases ownership under the applicable Supplement.

8. IDENTIFICATION OF DOCUMENTS
All reports and other documents completed as part of the applicable Supplement shall carry the following notation on the front cover or title page:
"The preparation of this report has been financed in part by grants from the: [select appropriate agency] Federal Transit Administration/Federal Highway Administration, U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation."

9. AUDITS
AGENCY agrees to grant MTC, the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives access to AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant to the applicable Supplement, for the purpose of making an audit, examination, excerpt and transcription during the term of the applicable Supplement and for the period specified in Article 14. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials

6.E.c
Packet Pg. 205 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

and data for that period of time. If, as a result of any audit, it is determined by the auditor that reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that represented and relied upon during price negotiations or represented as a basis for payment, AGENCY agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC.

AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subrecipient for the term specified above.

10. FLY AMERICA REQUIREMENTS.

AGENCY agrees to comply with 49 U.S.C. 40118 (the “Fly America Act”) in accordance with the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S.

Government-financed international air travel and transportation of their personal effects or property to the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements, if used. AGENCY agrees to include the requirements of this Section in all subcontracts that may involve international air transportation.

11. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.

A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA assisted project for which work is being performed under the applicable Supplement. In addition to other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on AGENCY to the extent the Federal Government deems appropriate.

6.E.c
Packet Pg. 206 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

B. AGENCY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on AGENCY, to the extent the Federal Government deems appropriate.

C. AGENCY agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subconsultant who will be subject to the provisions.

12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
MTC and AGENCY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the applicable Supplement or this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to MTC, AGENCY or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement.

13. DEBARMENT
This Article is only applicable if the applicable Supplement exceeds $25,000. AGENCY certifies that neither it, nor any of its participants, principals or subrecipients is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 2 CFR Parts 180 and 1200, by any Federal agency or department.

14. CLEAN AIR AND WATER POLLUTION ACTS
This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).

15. LOBBYING
This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.

6.E.c
Packet Pg. 207 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

Attachments:

Attachment A – Federally Required Certifications (AGENCY shall either provide these certifications to MTC or shall provide copies of such certifications AGENCY has independently made to the Federal Government.)

6.E.c
Packet Pg. 208 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-2

ATTACHMENT A

FEDERALLY REQUIRED CERTIFICATIONS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS
Instructions for Certification:

1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed 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, MTC may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to MTC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact MTC for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal 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 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MTC.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and 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 debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, 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 Nonprocurement List issued by U.S. General Service Administration.

6.E.c
Packet Pg. 209 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

8. Nothing contained in the foregoing shall be construed to require establishment of 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 suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MTC may pursue available remedies including suspension and/or debarment.

6.E.c
Packet Pg. 210 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its “principals” [as defined at 49 C.F.R. Section 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Date (signature of authorized official)
(type/print name and title)

6.E.c
Packet Pg. 211 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, hereby certify on behalf of that:
(name and title of grantee
official)
(name of grantee)

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 any 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 sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is 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.

Executed this day of , 20__
By:
(signature of authorized official)
(title of authorized official)

6.E.c
Packet Pg. 212 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) EXHIBIT B-3

ADDITIONAL TERMS AND CONDITIONS
(STATE-REQUIRED CLAUSES)
1) Attachment A – Fair Employment Practices Addendum
2) Attachment B – Nondiscrimination Assurances
a. Appendix A – Clauses to be inserted in every agreement subject to the ACT, as defined in Attachment B of this Exhibit and REGULATIONS, also as defined in Attachment B. b. Appendix B – To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein c. Appendix C – To be included for subsequent transfer of real property acquired or improved under federal-aid Program
d. Appendix D – To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program 3) Attachment C – State Department of Transportation Requirements

6.E.c
Packet Pg. 213 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-3

ATTACHMENT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and denial of family care leave. AGENCY shall take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. 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. AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full.

Each of the AGENCY’S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements as appropriate.

3. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the applicable Supplement.

4. AGENCY shall permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of the applicable Supplement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.

6.E.c
Packet Pg. 214 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate the applicable Supplement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY’s breach of the applicable Supplement.

6.E.c
Packet Pg. 215 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-3

ATTACHMENT B

NONDISCRIMINATION ASSURANCES
AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which AGENCY receives federal financial assistance from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, AGENCY hereby givesthe following specific assurances with respect to its federal-aid Program:

1. That AGENCY agrees that each “program” and each “facility” as defined in subsections 21.23 (e) and

21.23 (b) of the REGULATIONS, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6.E.c
Packet Pg. 216 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

6. That where AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the AGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which AGENCY retains ownership or possession of the property.

9. That AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATE assisted contracts. The California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies is incorporated by reference in the applicable Supplement.

Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of the applicable Supplement. Upon notification to the recipient of its failure to carry out the Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and

6.E.c
Packet Pg. 217 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

6.E.c
Packet Pg. 218 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

APPENDIX A TO ATTACHMENT B
(Clauses to be inserted in every agreement subject to ACT and REGULATIONS) During the performance of the applicable Supplement, AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows:
(1) Compliance with Regulations: AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of the applicable Supplement.
(2) Nondiscrimination: AGENCY, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential subapplicant or supplier shall be notified by AGENCY of the AGENCY’s obligations under the applicable Supplement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY’s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of AGENCY’s noncompliance with the nondiscrimination provisions of the applicable Supplement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.

6.E.c
Packet Pg. 219 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event AGENCY becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

6.E.c
Packet Pg. 220 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

APPENDIX B TO ATTACHMENT B
To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein) The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that AGENCY shall accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit “A” attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on AGENCY, its successors arid assigns.

AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.

Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*

6.E.c
Packet Pg. 221 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

6.E.c
Packet Pg. 222 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

APPENDIX C TO ATTACHMENT BTo be included for subsequent transfer of real property acquired or improved under federal-aid Program)
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Attachment I-2.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add ‘as covenant running with the land”) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.

Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federallyassisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

6.E.c
Packet Pg. 223 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

APPENDIX D TO ATTACHMENT B
Appendix D – (To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program) The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by AGENCY, pursuant to the provisions of Assurance 7 (b) of Attachment I-2.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add “as a covenant running with the land”) that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY, and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

6.E.c
Packet Pg. 224 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-3

ATTACHMENT C

STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS
Caltrans Non – Discrimination
A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY shall not, and shall affirmatively require that its contractors 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, physical disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave.

B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY shall comply, and ensure that its contractors and subcontractors and/or subrecipients shall comply, with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full.

C. Each of AGENCY’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. AGENCY shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under the applicable Supplement.

D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made applicable to the applicable Supplement by this reference. Wherever the term “Contractor” appears therein, it shall mean AGENCY.

E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by STATE to investigate compliance with these nondiscrimination provisions.

6.E.c
Packet Pg. 225 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-4

ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS

NON FEDERALLY FUNDED AGREEMENTS)
AGENCY’s contractor(s) and all subcontractors shall comply with applicable sections of the California Labor Code and regulations promulgated thereunder (including without limitation, Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.) governing the payment of prevailing wages, as determined by the Director of the California Department of Industrial Relations, in regards to work performed and/or funded under this Agreement. In particular, AGENCY’s attention is drawn to Labor Code Sections 1771 (payment of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5 (use of apprentices). AGENCY’s contractor(s) and all subcontractors, to the extent the work of such contractor(s) and subcontractors under this Agreement are subject to California Labor Code Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and shall furnish electronic certified payroll records directly to the Labor Commissioner through the internet portal of the Division of Labor Standards Enforcement. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records.

6.E.c
Packet Pg. 226 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-5

ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS

FEDERALLY FUNDED AGREEMENTS)
The Additional Federal Clauses Applicable to Public Works included in Attachment A, attached hereto and incorporated herein by this reference, and the Davis-Bacon prevailing wages apply to work performed and/or funded under the applicable Supplement. AGENCY agrees that AGENCY will require its contractor(s) and all subcontractors will pay the higher of (i) the applicable wage set forth in Federal Wage Determinations, and (ii) the applicable California prevailing rate. Certified payroll records in the form set forth in the Public Works Payroll Reporting Form, as found at https://www.dol.gov/whd/forms/wh347.pdf, shall be prepared or collected from its contractor(s) and all subconsultant(s) on a weekly basis by the AGENCY. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records. MTC may withhold payment if the certified payrolls to be submitted by AGENCY pursuant to this Exhibit B5, Prevailing Wage Rates, Apprenticeships, and Payroll Records, are not current.

6.E.c
Packet Pg. 227 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-5

ATTACHMENT A

ADDITIONAL FEDERAL CLAUSES APPLICABLE TO PUBLIC WORKS

1. Buy America

2. Davis-Bacon Act

3. Contract Work Hours and Safety Standards Act

4. Copeland Anti-Kickback Act

5. Prompt Payment of Funds Withheld to Subcontractors

6.E.c
Packet Pg. 228 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

1. Buy America Requirements
Buy America – Attention is directed to the “Buy America” requirements of the surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements. A Certificate of Compliance shall be furnished for steel and iron materials.

The certificates shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions.

The requirements imposed on AGENCY by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed onetenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The AGENCY or its contractor(s) shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporation the materials into the work.

Certification requirement for procurement of steel, iron, or manufactured products.

The AGENCY hereby certifies that all manufacturing process for steel and iron materials occurred in the United States, except for the above exceptions.

Signature:

Name and Title:

Company Name:

Date:

6.E.c
Packet Pg. 229 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

2. DAVIS-BACON ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act - (i) The AGENCY’s contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926.

Among other things, the AGENCY’s contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The AGENCY’s contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any par t of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.

4. COPELAND ANTI-KICKBACK ACT
Compliance with Copeland Act requirements - The AGENCY’s contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6.E.c
Packet Pg. 230 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The AGENCY’s prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating AGENCY’s prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

6.E.c
Packet Pg. 231 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-6

ADDITIONAL TERMS AND CONDITIONS
(REGIONAL TOLL FUNDS INCLUDING RM1, RM2, AND AB 1171)
Recitals
WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq. created the Bay Area Toll Authority (“BATA”) which is a public instrumentality governed by the same board as that governing MTC; and
WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of the SHC shall be available to BATA for funding projects consistent with SHC Sections 30913 and 30914; and WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and WHEREAS, on November 8, 1988, voters approved Regional Measure 1 (“RM1”), which authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco Bay Area to fund various transportation projects within the region; and WHEREAS, on March 2, 2004, voters approved Regional Measure 2 (“RM2”), increasing the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by $1.00 to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and
WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital projects and programs and transit operating assistance as eligible to receive RM2 funding as identified in SHC Section 30914(c) and (d). The funding amounts assigned to certain of the programs and projects were subsequently revised by MTC Resolution No. 3801; and
WHEREAS, to the extent the Project is receiving RM2 funding hereunder, SHC Section 30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and WHEREAS, pursuant to MTC Resolution No. 3636, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated herein as Attachment D, MTC Resolution No. 3636; and
WHEREAS, AGENCY submitted one or more allocation requests for RM2, AB 1171, and/or RM1 funding for the Project to which this Exhibit B-6 applies. A copy of the applicable allocation request(s) as well as AGENCY’s resolution(s) approving the allocation request(s) are attached to the applicable Supplement and incorporated herein as Attachment A, Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and

6.E.c
Packet Pg. 232 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated herein as Attachment A as Attachment C, MTC Resolution(s) Approving Project Request, MTC approved AGENCY’s request(s) for the applicable funds for the applicable Project.

I. AGENCY AGREES
A. AGENCY agrees to perform or caused to be performed the activities described in Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and support resources to complete the Project as described in Attachment A, AGENCY agrees to meet all conditions listed in Attachment C, MTC Resolution(s) Approving Project Request.

B. AGENCY shall provide MTC with annual progress reports on or before each July 31 throughout the term of this Agreement in accordance with the monitoring and reporting requirements specified in MTC Resolution No. 3636.

C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30) days after the end of each period for which payment is sought covering costs for the Project activities accomplished through the end of such period, not covered by previously submitted invoices. Each invoice shall be supported by the following information: (i.) A brief narrative progress report of the activities accomplished during the invoice period, including the percentage of the contract complete and the percentage of funding expended; (ii.) the costs requested for reimbursement with RM1, RM2 and/or AB 1171 funds, as applicable; (iii.) the total costs expended for the invoice period broken down by type and source of funding; (iv.) the total RM1, RM2 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total costs expended for project name to date broken down by type and source of funding; and (vi.) any additional supporting data in a form and detail required by MTC.

D. AGENCY agrees to spend RM1, RM2 and/or AB 1171 funds, as applicable, at a rate not exceeding the schedule attached to the applicable Supplement and incorporated herein as Attachment E, Reimbursement Schedule.

E. AGENCY shall comply with and shall assure that any AGENCY contractor performing Project work with RM1, RM2 and/or AB 1171 funds, as applicable, received under this Agreement complies with MTC Resolution No. 3636, Revised, as well as the provisions of MTC’s RM2 Policy Guidance contained in Attachment D, MTC Resolution No. 3636, relative to constructing, operating, and maintaining the Project. MTC may update Resolution No. 3636 from time to time. The AGENCY agrees to comply with the most current Resolution that is approved at any given time.

F. AGENCY is responsible for completing the Project within cost, scope and schedule as described in Attachment A, Updated Initial Project Report, as it may be updated from time to time. Any updates must be approved by AGENCY and MTC in writing before being incorporated into this Agreement.

G. AGENCY certifies that:
• The Project is consistent with the Regional Transportation Plan (“RTP”).

6.E.c
Packet Pg. 233 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

• All environmental permits or clearances necessary for the Project have been or will be obtained, and the year of Project funding for the construction phase of the Project has taken into consideration the time necessary to obtain permitting approval for the Project as an operable and useable segment.
• The Project or portion thereof to be funded under this Agreement will be fully funded upon the execution of the applicable Supplement.
• AGENCY has reviewed the Project needs and has adequate internal staffing and support resources to deliver and complete the Project within the cost, scope, and schedule set forth in the Initial Project Report, as updated, attached to the applicable Supplement as Attachment A. • If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 3434, Revised.
• If applicable, AGENCY is authorized to submit an application for RM2 funds for the Project in accordance with SHC Section 30914(c).
• If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the Project in accordance with SHC Section 31010(b).
• The Project is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Sections l5000 et seq.), and if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the applicable regulations thereunder.
• There is no legal impediment to AGENCY making allocation requests for RM1, RM2 and/or AB 1171 funds, as applicable.
• There is no pending or threatened litigation which might in any way adversely affect the Project or the ability of AGENCY to deliver such Project.

H. In addition to AGENCY’s commitment under Article 10, INDEMNIFICATION, of the Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its Commissioners, representatives, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law,so much of the funding due under this allocation of RM1, RM2 and/or AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.

I. If any revenues or profits from any non-governmental use of the Project are collected by AGENCY, those revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC’s percentage participation in the Project. MTC’s percentage participation shall equal the amount of funds allocated to Project, divided by the total Project budget as shown in Attachment E, Reimbursement Schedule, as updated from time to time, as such amount may be adjusted to reflect total project costs.

J. Project assets purchased by AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, including facilities and equipment, shall be used for the intended public transportation uses and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, MTC shall be entitled to a present day value refund or credit (at MTC’s

6.E.c
Packet Pg. 234 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

option) based on MTC’s share of the fair market value of the facilities and equipment at the time the public transportation uses ceased, which sum shall be paid back to MTC in the same proportion that RM1, RM2 and/or AB 1171 funds, as applicable, were originally used.

K. AGENCY shall post on both ends of the Project construction site(s), unless prohibited by the site owner if such owner is not the AGENCY, at least two signs visible to the public stating that the Project is funded with RM1, RM2 and/or AB 1171 funds, as applicable.

L. AGENCY’s City Manager, General Manager, Executive Director, Chief Executive Officer, or equivalent officer, or designee, is delegated the authority to make non-substantive changes or minor amendments to the initial project report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of this Agreement applies.

M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised, and the MTC Resolutions set forth in Attachment C, MTC Resolution(s) Approving Project Request.

II. MTC AGREES
A. MTC agrees to provide AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, within the allocation amounts in Attachment C, MTC Resolution(s) Approving Project Request and as restated in the relevant Supplement for the purpose of funding the Project as described in Attachment A.

The entire funding amount is available for reimbursement based on the schedule included in Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable, MTC agrees to support AGENCY’s allocation request from the State according to the Allocation Request Schedule provided in Attachment F to the applicable Supplement.

In the event AGENCY does not use all RM1, RM2 and/or AB 1171 funds, as applicable, made available in a given fiscal year, those unused amounts will be available for reimbursement in subsequent year(s) for the duration of this Agreement.

III. IT IS MUTUALLY AGREED
A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure event, including but not limited to any earthquake, flood or other natural disaster, any epidemic, blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged economic conditions affecting the ability of the Bay Area Toll Authority to make payments to bond holders who shall in all circumstances have priority to payment of funds, if such event (i) irrecoverably disrupts or renders impossible AGENCY’s performance hereunder; or (ii) disrupts MTC’s ability to make payments hereunder. If MTC so terminates the applicable Supplement, AGENCY will be entitled to payment for non-recoverable Project costs incurred prior to the date of such termination, including but not limited to any amounts AGENCY owesto the owner of the Project construction sites, if such owner is not AGENCY, up to the maximum amount payable under this Agreement.

B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement, MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be effected by

6.E.c
Packet Pg. 235 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

serving a sixty (60) day advance written notice of termination on AGENCY, setting forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or describe to MTC’s satisfaction a plan for curing the breach within the sixty (60) day period, MTC may terminate this Agreement or the applicable Supplement for cause. In the event of such termination for cause, AGENCY will be entitled only to those costs incurred for already completed Project work, not to exceed the maximum amount payable under this Agreement for such Project work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred for work causing or contributing to the default.

C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any reason, AGENCY shall repay MTC any RM1, RM2 and/or AB 1171 funds, as applicable, expended that exceed MTC’s proportionate share of eligible costs for the Project.

D. Upon completion of the Project, AGENCY will properly account for all Project costs incurred.

E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance with Policies and Procedures in MTC Resolution No. 3636, Revised, or on the termination date, if any, set forth in the Supplement, whichever is sooner.

F. The terms and conditions of this Agreement include the following and each is incorporated by reference herein as if fully set forth herein.

Attachment A – Updated Initial Project Report (Allocation Request) Attachment B – AGENCY Resolution(s) (and opinion of counsel, if applicable) Attachment C – MTC Resolution(s) Approving Project Request(s) Attachment D – MTC Resolution No. 3636, Revised
Attachment E – Reimbursement Schedule
Attachment F – Allocation Request Schedule

6.E.c
Packet Pg. 236 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

EXHIBIT B-7

ADDITIONAL TERMS AND CONDITIONS
(REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ)

1. TERMINATION
Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC may terminate this Agreement without cause upon ten (10) days prior written notice. If MTC terminates this Agreement without cause, AGENCY shall be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable. If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement for cause by written notice and AGENCY shall be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement for such work product.

2. RETENTION OF RECORDS
AGENCY agrees to establish and maintain an accounting system confirming to GAAP that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs.

AGENCY further agrees to keep all records pertaining to the project being funded for audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close.

3. AUDITS
Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, and their authorized representatives access to AGENCY’s books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4.

AGENCY further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term “contract” as used in this clause excludes agreements not exceeding $25,000.

4. LICENSE TO WORK PRODUCTS
AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, materials, data, and products (“Work Products”) developed, prepared, or assembled by AGENCY or AGENCY’s consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a

6.E.c
Packet Pg. 237 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

third party, without the approval of AGENCY or AGENCY’s consultant(s) or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY’s consultant(s) or subconsultants purchase ownership under this Agreement.

5. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA-funded projects, AGENCY agrees that it shall not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.

6. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.

AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of this agreement or such other remedy as MTC deems appropriate.

7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21).

8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.

9. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).

10. DEBARMENT
AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department.

6.E.c
Packet Pg. 238 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant) MTC/City of Healdsburg
Master Funding Agreement

11. CLEAN AIR AND WATER POLLUTION ACTS
AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).

12. LOBBYING
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.

13. INDEMNIFICATION
Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments.

14. COMPLIANCE WITH LAWS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”), and are herein incorporated by this reference and made a part hereof.

AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31, Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall comply with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14 California Code of Regulators Section 15000 et seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder.

15. IDENTIFICATION OF DOCUMENTS
AGENCY shall ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page:
“The preparation of this report has been financed in part by grants from the U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation.”

6.E.c
Packet Pg. 239 Attachment: Master Funding Agreement (4840 : MTC TOC Planning Grant)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Acceptance of Public Improvements for the Mill District Subdivision PREPARED BY: Curt Bates, Principal Engineer
STRATEGIC INITIATIVE(S):

Maintain and Improve Infrastructure and Facilities
RECOMMENDED ACTION(S):

Adopt a Resolution accepting Public Improvements for the Mill District Subdivision; accepting a one-year maintenance security bond as described within the Agreement for Subdivision Improvements, releasing the faithful performance security bond as described within the Agreement for Subdivision Improvements; and authorizing the City Clerk to release the labor and materials security bond six (6) months from the date of acceptance of the Mill District Subdivision.

COMMUNITY ENGAGEMENT/OUTREACH:

The tentative subdivision map was publicly noticed in accordance with City requirements and public hearings were previously held with both the City’s Planning Commission and City Council, both of which afforded the opportunity for public input on the project.

BACKGROUND:

On April 6, 2020, the City Council adopted Resolution No. 30-2020 approving the final subdivision map for the Mill District Subdivision.

DISCUSSION/ANALYSIS:

The developer, Replay Healdsburg LLC, has completed all improvements in accordance with the approved subdivision improvement plans. The developer previously provided a labor and materials security bond as part of the agreement for subdivision improvements in the amount of one hundred percent (100%) to secure payment for subdivision improvement work. The developer has also provided a maintenance security bond in the amount of ten percent (10%) of the value of the subdivision improvements, in accordance with the agreement for subdivision improvements. The maintenance security bond guarantees the improvements to be free of defects in materials and workmanship for a period of one year following acceptance. The maintenance security bond will be released by city staff upon re-inspection and repair of any defective items

6.F
Packet Pg. 240
pursuant to the agreement for subdivision improvements. City staff has verified the completion of the subdivision improvements and is satisfied that the subdivision is ready for acceptance.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The subdivision agreement obligates the city to accept the public improvements once they have been installed to the satisfaction of the City Engineer.

FISCAL IMPACT:

The Public Works Department is required to maintain the public water, sewer and storm drain systems as well as public streets constructed and paid for by the developer. The value of subdivision improvements was estimated in the Project Engineer’s Estimate to be $6,030,857.01.

As described above, the developer has provided a maintenance security bond to guarantee the public improvements to be free of defects in materials and workmanship for a period of one year following this acceptance.

ENVIRONMENTAL ANALYSIS:

The City Council adopted Resolution No. 42-2019 on March 11, 2019, approving the tentative map for the project. The City Council found the project to be categorically exempt pursuant to California Environmental Quality Act (“CEQA”) guidelines section 15332 Class 32 in-fill development projects. This action to accept the public improvement for the Mill District Subdivision is not a “project” subject to the requirements of CEQA; as provided in CEQA Guidelines Section 15378 (c), the term “project” refers to the activity which is being approved, and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval. As noted, the public improvements for the Mill District Subdivision were approved by the city in 2019 and at that time it was determined that such action was categorically exempt from CEQA. Accordingly, this acceptance of the public improvements that have been constructed does not constitute a separate “project” subject to CEQA.

ATTACHMENT(S):

Resolution

6.F
Packet Pg. 241

CITY OF HEALDSBURG
RESOLUTION NO. – 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR
THE MILL DISTRICT SUBDIVISION; ACCEPTING A ONE

YEAR MAINTENANCE SECURITY BOND AS DESCRIBED

WITHIN THE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS; RELEASING THE FAITHFUL

PERFORMANCE SECURITY BOND AS DESCRIBED WITHIN
THE AGREEMENT FOR SUBDIVISION IMPROVEMENTS;

AND AUTHORIZING THE CITY CLERK TO RELEASE THE
LABOR AND MATERIALS SECURITY BOND SIX (6)

MONTHS FROM THE DATE OF ACCEPTANCE FOR THE

MILL DISTRICT SUBDIVISION
WHEREAS, the City of Healdsburg City Council, on April 6, 2020, adopted resolution No. 30-2020 approving the final subdivision map for the Mill District Subdivision; and WHEREAS, the developer, Replay Healdsburg LLC, has completed all improvements in accordance with the approved Public Improvements for Mill District Subdivision construction plans; and
WHEREAS, in accordance with the agreement for subdivision improvements, the developer has provided a maintenance security bond in the amount of ten percent (10%) of the value of the subdivision improvements, to guarantee the improvements to be free of defects in materials and workmanship for a period of one year following acceptance; and WHERAS, the project engineer estimates the value of the subdivision improvements to be $6,030,857.01; and
WHEREAS, the City Council adopted Resolution No. 42-2019 on March 11, 2019, approving the tentative map for the project. The City Council found the project to be categorically exempt pursuant to California Environmental Quality Act (“CEQA”) guidelines section 15332 Class 32 in-fill development projects. This action to accept the public improvement for the Mill District Subdivision is not a “project” subject to the requirements of CEQA; as provided in CEQA Guidelines Section 15378 (c), the term “project” refers to the activity which is being approved, and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval. As noted, the public improvements for the Mill District Subdivision were approved by the city in 2019 and at that time it was determined that such action was categorically exempt from CEQA. Accordingly, this acceptance of the public improvements that have been constructed does not constitute a separate “project” subject to CEQA; and
WHEREAS, City staff have verified completion of the subdivision improvements and is

6.F.a
Packet Pg. 242 Attachment: Resolution (4841 : Acceptance of Public Improvements for the Mill District Subdivision) Resolution No. -2025

satisfied that the subdivision is ready for acceptance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby accepts the public improvements constructed as part of the Mill District Subdivision.

BE IT FURTHER RESOLVED that the City Council of the City of Healdsburg hereby authorizes the City Clerk to perform the following actions as described within the agreement for subdivision improvements for the Mill District Subdivision:

1. Accept the one-year maintenance security bond; and

2. Release the faithful performance security bond; and

3. Release the labor and materials security bond six (6) months from the date of this acceptance.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 5
th day of May 2025, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ __________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk

6.F.a
Packet Pg. 243 Attachment: Resolution (4841 : Acceptance of Public Improvements for the Mill District Subdivision)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Pass an Ordinance Amending Healdsburg Municipal Code Article 1 (General Provisions) within Chapter 2.40 (Elections) of Title 2 (Administration and Personnel) to add section 2.40.010.01 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Pass an Ordinance Amending Healdsburg Municipal Code Article 1 (General Provisions) within Chapter 2.40 (Elections) of Title 2 (Administration and Personnel) to add section 2.40.010.01 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District.

COMMUNITY ENGAGEMENT/OUTREACH:

Outreach for this effort includes posting on social media channels, including Facebook, Instagram and Nextdoor. The City has also shared information on the City’s website and in the bi-weekly City Manager’s Update. Informational pamphlets have been distributed to each City facility in English and Spanish as well as an insert that was included in the December utility bills. A dedicated webpage has been created on the City’s website at https://healdsburg.gov/1152/Transition-to-District-Elections. Information is available to the public with background information about the districting process, upcoming hearing dates, and supporting documents. This webpage is being continuously updated with dates and locations where community members can share their feedback on this issue. The website also features a virtual mapping tool which community members have been utilizing to draw their own district boundaries and a feature allowing submission of community interest forms. Information will be provided in both English and Spanish. The City held a community meeting on January 16, 2025 at the Community Center, met with the senior community on January 24, 2025 at the Senior Center and the City Manager held a meeting with the Spanish-speaking community on January 28, 2025 to gather feedback on the process. The City has partnered with Corazón Healdsburg to

6.G
Packet Pg. 244
assist with the outreach to the Spanish-speaking community. Both public hearings and community meetings will continue to include live interpretation services.

BACKGROUND:

On October 3, 2024, the City received a letter from a potential plaintiffs’ attorney, Shenkman & Hughes PC, alleging a violation of the CVRA and threatening litigation unless the City voluntarily transitions to a district-based election system for electing Councilmembers. On November 18, 2024, the City Council adopted a resolution declaring the intent to transition to District-Based elections. Elections Code section 10010(e)(3)(B) and (C) provides that if a legislative body adopts a resolution of intent, a prospective plaintiff may not commence an action within ninety (90) days of the resolution of intention’s passage unless that date is extended in writing by the parties. In this case, the prospective plaintiff’s attorney agreed to allow the City of Healdsburg a sixty (60) day extension and the initial Tentative Timeline submitted to the Council identified April 17, 2025 as the deadline for the transition. Since then, Staff confirmed with the prospective plaintiff’s attorney that an additional thirty (30) day extension is acceptable and thus the new deadline to complete the transition to district based elections is by May 17, 2025.

The City conducted the initial two public hearings on December 16, 2024 and January 6, 2025.

At the first and second public hearings, the Council received a report from the City’s demographer, Redistricting Partners, about the basics of the districting process and identifying communities of interest. The video and presentation from the first and second meeting can be found on the City’s dedicated redistricting webpage which can be found here:
https://healdsburg.gov/1152/Transition-to-District-Elections.

Upon completion of the first and second public hearings, the City was required to hold at least two additional hearings over a period of no more than 45 days, at which the public was invited to provide input regarding the content of the draft maps and the proposed sequence of elections.

The City held the third public hearing on February 18th at which both the public and the City Council provided feedback on the draft maps. Members of the public had the opportunity to submit maps with four, five or six districts over the course of the last ten weeks.

At the fourth public hearing on March 17, 2025, the community and the City Council considered the draft maps moved forward from the third public hearing, as well as the community-submitted maps. All of the maps are available on the City’s website:
https://healdsburg.gov/1152/Transition-to-District-Elections. The maps that have been submitted by members of the public through the City’s “Districtr” mapping tool are identified by a numerical identification number (e.g., ID 277459),” and the maps that have been prepared by Redistricting Partners are identified by a letter (e.g., Draft Map A).

DISCUSSION/ANALYSIS:

On April 7, 2025, the City Council held a fifth public hearing where they considered Draft Map A as the basis for an ordinance. Following discussion, the Council elected not to approve Draft Map A and instead selected Draft Map D as the foundation for the ordinance.

6.G
Packet Pg. 245
On April 21, 2025, the City Council held a sixth public hearing and selected Draft Map D as the foundation for the ordinance and selected sequencing of Districts (Districts 2 and 4 would be elected in 2026 and 1, 3 and 5 would be elected in 2028), and then introduced the ordinance. At this meeting the Council would pass the ordinance.

Within 21 days of adopting final election district boundaries, the City Council will be required to issue a report that explains the basis on which it made its decisions in achieving compliance with the requirements and criteria of the Fair Maps Act, including, as to each neighborhood, community of interest, city, or census designated place that was split into two or more districts, the reason for that split.

Proposed Ordinance
The proposed Ordinance would amend Article 1 (General Provisions) within Chapter 2.40 (Elections) of Title 2 (Administration and Personnel) to add a new section 2.40.010.01 “District Elections” within the Municipal Code. The proposed Ordinance would provide for the election of Councilmembers by establishing five districts and identify the district boundaries by including the map selected by the Council in the ordinance. The proposed Ordinance would also specify that the commencement of the district elections shall be in the next general municipal election in 2026 and provide for two seats being elected in 2026 and three seats in 2028 to ensure all incoming and currently seated Councilmembers’ do not have shortened terms. Finally, the Proposed Ordinance authorizes Redistricting Partners to make non-substantive, technical adjustments to the map as necessary to prepare a GIS shapefile, which will be submitted to the County of Sonoma by the City Clerk.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City Council could choose not to move adopting Draft Map D. If this alternative is selected, staff requests further direction in terms of additional analysis requested or an alternative map to include in an ordinance for consideration at a future public hearing.

FISCAL IMPACT:

There is a fiscal impact due to the costs associated with the transition to District-based elections.

Costs include the demographer, which are estimated to be less than $50,000, $10,000 to the County of Sonoma, legal costs, and payment of the plaintiffs’ attorney costs of $33,000. The City Council appropriated a total of $100,000 for this effort at a prior meeting ENVIRONMENTAL ANALYSIS:

This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378).

ATTACHMENT(S):

Ordinance Adopting District Map and Sequencing

6.G
Packet Pg. 246
Healdsburg Draft D
Draft D Renumbered

6.G
Packet Pg. 247
4911-2648-5292 v2

CITY OF HEALDSBURG
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AMENDING HEALDSBURG MUNICIPAL
CODE ARTICLE 1 (GENERAL PROVISIONS) WITHIN
CHAPTER 2.40 (ELECTIONS) OF TITLE 2
(ADMINISTRATION AND PERSONNEL) TO ADD SECTION

2.40.010.01 “DISTRICT ELECTIONS” TO PROVIDE FOR THE

ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE
DISTRICTS; ESTABLISH THE DISTRICT BOUNDARIES; AND

ELECTION ORDER OF EACH DISTRICT
WHEREAS, members of the City Council are currently elected in “at-large” elections, in which each City Councilmember is elected by the registered voters of the entire City; and WHEREAS, California Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an “at-large” system to a “district-based” system in which each councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, on October 3, 2024, the City of Healdsburg (“City”) received a certified letter from a potential plaintiffs’ attorney, alleging a violation of the California Voting Rights Act (the “CVRA”) and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers; and
WHEREAS, while the City Council denies that the City’s at large election system violates the CVRA or any other provision of law, the City Council determined that the public interest is better served by initiating a process for transition to a district-based election system and thereby avoiding the high costs associated with defending a lawsuit under the CVRA; and WHEREAS, California Government Code section 34886 permits the City Council of any city to change the City’s method of election by ordinance to a “by-district” system in which each member of the City Council is elected only by the voters in the district in which the candidate resides; and
WHEREAS, Elections Code Section 10010 provides a method whereby a jurisdiction can expeditiously transition to a district-based election system and thereby avoid the high cost of litigation under the CVRA if the jurisdiction complied with the “safe harbor” provisions of Elections Code Section 10010; and
WHEREAS, under the provisions of California Elections Code section 10010(a)(1), a city that changes from an at-large city council method of election to a by-district city council method of election is required to hold at least two public hearings over a period of not more than 30 days,

6.G.a
Packet Pg. 248 Attachment: Ordinance Adopting District Map and Sequencing (4849 : District Elections - Ordinance Adoption) Ordinance No.

at which the public is invited to provide input regarding communities of interest that would help to define the composition of the districts; and
WHEREAS, under the provisions of California Elections Code section 10010(a)(2), a city that changes from an at-large election system to by district must, after the first and second public hearings hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of elections. A fifth public hearing would be held to adopt the selected map; and WHEREAS, under the provisions of California Elections Code section 10010(e)(3)(C), a city may enter into an agreement with a prospective plaintiff to extend the time periods to transition; and
WHEREAS, at a regular meeting held on November 18, 2024, the City Council adopted Resolution No. 134-2024 to begin the process of transitioning to a district-based election system and adopting the timeline for public hearings to conform to the requirements of California Elections Code section 10010; and
WHEREAS, the City did enter into a written agreement to extend the time period by which the City could transition to district based elections by an additional sixty days; and WHEREAS, at regular meetings held on December 16, 2024 and January 6, 2025, pursuant to California Elections Code section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the number and composition of the City’s voting districts and election sequencing, before any draft maps were drawn, and the City Council considered public input and discussed the same at those meetings; and WHEREAS, thereafter, at regular meetings on February 18, 2025 and March 17, 2025, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the proposed sequence of elections, and the City Council received, considered and discussed the same; and WHEREAS, at the regular meeting on April 7, 2025, at the conclusion of the public hearing, the Council formally selected the voting districts identified in “DRAFT MAP D”, attached to and incorporated herein as Exhibit A to this Ordinance (referred to hereafter as “Map D”), and an election sequence described herein, and introduced this Ordinance for a first reading at that time with a second reading and adoption scheduled to take place on April 21, 2025, and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public procedures required by California Elections Code Section 10010 and those portions of the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act applicable to cities that are transitioning for the first time to district-based elections systems; and

6.G.a
Packet Pg. 249 Attachment: Ordinance Adopting District Map and Sequencing (4849 : District Elections - Ordinance Adoption) Ordinance No.

WHEREAS, such outreach included but is not limited to, maintaining a City website dedicated to the process of transitioning from at-large elections to by district elections, regularly notifying residents of meetings and other engagements on the City’s social media channels, posting and publishing notices about the public; distribution of informational pamphlets at each City facility in English and Spanish as well as an insert that was included in the December utility bills; and
WHEREAS, the City held a community meeting on January 16, 2025 at the Community Center, met with the senior community on January 24, 2025 at the Senior Center and the City Manager held a meeting with the Spanish-speaking community on January 28, 2025 to gather feedback on the process; and
WHEREAS, the City has partnered with Corazón Healdsburg to assist with the outreach to the Spanish-speaking community conducting public hearings and community meetings with live interpretation services; and
WHEREAS, in selecting the map, the City Council considered the criteria set forth in Elections Code Section 21130 of the Fair Maps Act and is adopting district boundaries in accordance with the provisions stated therein, as well as the federal Voting Rights Act and the California Voting Rights Act; and
WHEREAS, Map D meets all the requirements of state and federal law and was posted on November 8, 2024 on the City’s website for public consideration at least seven (7) days before the introduction of this Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of members of the City Council of the City of Healdsburg by district in five single-member districts as reflected in Exhibit A to this Ordinance and to implement the guarantees of the California Constitution.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HEALDSBURG DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council hereby finds that the foregoing recitals are true and accurate and are incorporated herein by reference.

Section 2. California Environmental Quality Act (CEQA) Determination. Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to Public Resource Code section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) since it can be seen with certainty that there is no possibility that adoption of the Ordinance would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

6.G.a
Packet Pg. 250 Attachment: Ordinance Adopting District Map and Sequencing (4849 : District Elections - Ordinance Adoption) Ordinance No.

Section 3. Code Amendment. Article 1 (General Provisions) within Chapter 2.40 (Elections) of Title 2 (Administration and Personnel) is hereby amended to add section 2.40.010.01 “District Elections,” within Article 1 to read as follows:
“Section 2.40.010.01- District Elections.

A. Declaration of Purpose. The City Council of the City of Healdsburg hereby declares that the change of method of electing members of this Council, hereby enacted, is being made in furtherance of the California Voting Rights Act.

B. City Council Districts Established. Five City Council districts are hereby established in the City of Healdsburg. The district boundaries and identifying number of each district shall be as described on the Council District Map D, attached hereto as Exhibit “A” and incorporated hereby by this reference and incorporated below. [SELECTED MAP]
C. Election of Members of the City Council by District.

1. Following the effective date of this ordinance and upon the commencement of “by district” elections pursuant to section 2.40.010.01(D), members of the City Council shall be elected “by district,” as defined in California Government Code Section 34871, or any successor statute.

2. Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the member is to be elected.

3. No term of any member of the City Council that commenced prior to the effective date of this ordinance shall be affected by the adoption of this ordinance.

D. Commencement of District Elections. Commencing with the general municipal election in November of 2026 and every four years thereafter the voters in districts [ 2 ] and [ 4 ] shall elect members of the City Council by district for full four (4) year terms. At the general municipal election in 2028 and every four years thereafter, the voters in districts [ 1 ], [ 3 ], and [ 5] shall elect members of the City Council by district for full four (4) year terms.” Section 4. Authorization for Technical Adjustments. The City’s demographer, Redistricting Partners, is hereby authorized to make non-substantive technical adjustments to Map D to finalize the Map as necessary and to prepare a GIS shapefile which identifies the Council district boundaries, as well as the census blocks and tracts. The final Map D, the census blocks and tracts and the GIS shapefile shall be in a form approved by the City Clerk and City Attorney.

6.G.a
Packet Pg. 251 Attachment: Ordinance Adopting District Map and Sequencing (4849 : District Elections - Ordinance Adoption) Ordinance No.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Healdsburg hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 6. Effective Date.

This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

Section 7. Publication; Certification.

The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published in accordance with State law. The City Clerk is also authorized and directed to file this Ordinance, Map D, the census blocks and tracts, the GIS shapefile, and any other documents necessary to effectuate the adoption of Map D with the Sonoma County Clerk-Recorder-AssessorRegistrar of Voters. In the case of any parcels that are split across Council district boundaries, the Sonoma County Clerk-Recorder-Assessor-Registrar of Voters shall apply a uniform methodology to adjust the boundary line to a border of the parcel without materially affecting the population within each affected district.

INTRODUCED by the City Council of the City of Healdsburg on the 21st day of April, 2025, and PASSED and APPROVED at a regular meeting of the City Council on the 5th day of May, 2025, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
___________________________________ ____________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk
Dated: ______________________________

6.G.a
Packet Pg. 252 Attachment: Ordinance Adopting District Map and Sequencing (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D

6.G.b
Packet Pg. 253 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D
12345
Population 2,342 2,200 2,340 2,263 2,215
Deviation 70 -72 68 -9 -57
Deviation % 3.1% -3.2% 3.0% -0.4% -2.5%
Other 980 1,616 1,682 1,437 1,494
Other % 41.8% 73.5% 71.9% 63.5% 67.4%
Latino 1,319 542 611 797 665
Latino % 56.3% 24.6% 26.1% 35.2% 30.0%
Asian 32 27 38 24 43
Asian % 1.4% 1.2% 1.6% 1.1% 1.9%
Black 11 1595 13
Black % 0.5% 0.7% 0.4% 0.2% 0.6%
2020 Census
12345
Total CVAP 1,727 2,174 1,857 1,655 1,345
Other CVAP 1,162 1,774 1,553 1,379 1,034
Other CVAP % 67.3% 81.6% 83.6% 83.3% 76.9%
Latino CVAP 511 350 296 262 248
Latino CVAP % 29.6% 16.1% 15.9% 15.8% 18.4%
Asian CVAP 54 497 14 63
Asian CVAP % 3.1% 2.3% 0.4% 0.8% 4.7%
Black CVAP01100
Black CVAP % 0.0% 0.0% 0.1% 0.0% 0.0%
Citizen Voting Age Population (CVAP)

6.G.b
Packet Pg. 254 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D
District 1
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,342 70 3.1% 980 41.8% 1,319 56.3% 32 1.4% 11 0.5%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,727 1,162 67.3% 511 29.6% 54 3.1% 0 0.0%

6.G.b
Packet Pg. 255 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D
District 2
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,200 -72 -3.2% 1,616 73.5% 542 24.6% 27 1.2% 15 0.7%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 2,174 1,774 81.6% 350 16.1% 49 2.3% 1 0.0%

6.G.b
Packet Pg. 256 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D
District 3
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,340 68 3.0% 1,682 71.9% 611 26.1% 38 1.6% 9 0.4%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,857 1,553 83.6% 296 15.9% 7 0.4% 1 0.1%

6.G.b
Packet Pg. 257 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D
District 4
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,263 -9 -0.4% 1,437 63.5% 797 35.2% 24 1.1% 5 0.2%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,655 1,379 83.3% 262 15.8% 14 0.8% 0 0.0%

6.G.b
Packet Pg. 258 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D
District 5
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,215 -57 -2.5% 1,494 67.4% 665 30.0% 43 1.9% 13 0.6%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,345 1,034 76.9% 248 18.4% 63 4.7% 0 0.0%

6.G.b
Packet Pg. 259 Attachment: Healdsburg Draft D (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)

6.G.c
Packet Pg. 260 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)
12345
Population 2,342 2,340 2,200 2,263 2,215
Deviation 70 68 -72 -9 -57
Deviation % 3.1% 3.0% -3.2% -0.4% -2.5%
Other 980 1,682 1,616 1,437 1,494
Other % 41.8% 71.9% 73.5% 63.5% 67.4%
Latino 1,319 611 542 797 665
Latino % 56.3% 26.1% 24.6% 35.2% 30.0%
Asian 32 38 27 24 43
Asian % 1.4% 1.6% 1.2% 1.1% 1.9%
Black 119 155 13
Black % 0.5% 0.4% 0.7% 0.2% 0.6%
2020 Census
12345
Total CVAP 1,727 1,857 2,174 1,655 1,345
Other CVAP 1,162 1,553 1,774 1,379 1,034
Other CVAP % 67.3% 83.6% 81.6% 83.3% 76.9%
Latino CVAP 511 296 350 262 248
Latino CVAP % 29.6% 15.9% 16.1% 15.8% 18.4%
Asian CVAP 547 49 14 63
Asian CVAP % 3.1% 0.4% 2.3% 0.8% 4.7%
Black CVAP01100
Black CVAP % 0.0% 0.1% 0.0% 0.0% 0.0%
Citizen Voting Age Population (CVAP)

6.G.c
Packet Pg. 261 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)
District 1
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,342 70 3.1% 980 41.8% 1,319 56.3% 32 1.4% 11 0.5%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,727 1,162 67.3% 511 29.6% 54 3.1% 0 0.0%

6.G.c
Packet Pg. 262 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)
District 2
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,340 68 3.0% 1,682 71.9% 611 26.1% 38 1.6% 9 0.4%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,857 1,553 83.6% 296 15.9% 7 0.4% 1 0.1%

6.G.c
Packet Pg. 263 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)
District 3
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,200 -72 -3.2% 1,616 73.5% 542 24.6% 27 1.2% 15 0.7%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 2,174 1,774 81.6% 350 16.1% 49 2.3% 1 0.0%

6.G.c
Packet Pg. 264 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)
District 4
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,263 -9 -0.4% 1,437 63.5% 797 35.2% 24 1.1% 5 0.2%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,655 1,379 83.3% 262 15.8% 14 0.8% 0 0.0%

6.G.c
Packet Pg. 265 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption) City of Healdsburg
Draft D (renumbered)
District 5
Other % Latino % Asian % Black %
2020 Census
Other % Latino % Asian % Black %
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,215 -57 -2.5% 1,494 67.4% 665 30.0% 43 1.9% 13 0.6%
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,345 1,034 76.9% 248 18.4% 63 4.7% 0 0.0%

6.G.c
Packet Pg. 266 Attachment: Draft D Renumbered (4849 : District Elections - Ordinance Adoption)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Agreement with Dailey-Wells Communications for the Purchase of Police Radio Equipment
PREPARED BY: Matt Jenkins, Chief of Police
STRATEGIC INITIATIVE(S):

Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Adopt a Resolution authorizing the City Manager to execute a purchase agreement with DaileyWells Communications in the amount of $58,545.95 for the purchase of police radio equipment.

COMMUNITY ENGAGEMENT/OUTREACH:

Not Applicable.

BACKGROUND:

The Police Department utilizes an array of radio equipment to communicate between the dispatch center and staff in the field, including handheld, portable radios. The current radios used by police officers were purchased in the early 2000s and have reached the end of their serviceable lifespan. The Police Department’s radio repair service is often reliant on secondary markets to procure repair parts.

As part of this replacement project, the City was able to secure partial funding through the State Homeland Security Grant Program in the amount of $40,800, which will cover the purchase of 8 handheld, portable radios and associated equipment.

DISCUSSION/ANALYSIS:

The proposed purchase agreement would provide for an additional 10 handheld portable radios and related equipment, covering all needs for patrol units. The proposed radios are multiband (UHF/VHF), which allow for greater communication and interoperability between agencies responding to emergencies.

Staff intends to execute the agreement with Dailey-Wells Communications through the County of Sonoma’s cooperative purchasing agreement (Sonoma County BPO QB 170032), as permitted

6.H
Packet Pg. 267
by Section 3.24.080.8 of the City of Healdsburg Municipal Code. Purchasing the equipment through this purchasing agreement meets all reequipments set forth in the City of Healdsburg Purchasing Policy and ordinance and all requirements set forth by the State of California in regard to regional, state, and national cooperative purchasing agreements.

ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

ALTERNATIVES:

The City Council could choose not to authorize the City Manager to sign the purchase agreement. In this case, the City would not purchase new radio equipment for the police department. This alternative is not recommended due to the age of the existing equipment and the potential for failure.

FISCAL IMPACT:

The proposed purchase contract with Dailey-Wells Communications is for 15 new handheld portable radios and associated equipment for a total amount of $58,545.95. The County will separately purchase an additional 8 handheld portable radios and associated equipment on behalf of the City of Healdsburg using the State Homeland Security Grant Program award of $40,800.

The Fiscal Year 2024-25 adopted budget includes sufficient appropriations in the Police Department budget in the Public Safety Fund to support the proposed purchase agreement of $58,545.95.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment and is therefore not a project for purposes of CEQA.

ATTACHMENT(S):

Resolution
Quote from Dailey-Wells Communications

6.H
Packet Pg. 268

CITY OF HEALDSBURG
RESOLUTION NO. __-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT ON BEHALF OF THE CITY

WITH DAILEY-WELLS COMMUNICATIONS IN THE
AMOUNT OF $58,545.95 FOR THE PURCHASE OF POLICE

RADIO REQUIPMENT
WHEREAS, the City of Healdsburg Police Department utilizes an array of police radio equipment, including handheld portable radio for communications to and from field units; and WHEREAS, the current radios used by Police Officers were purchased in the early 2000s and have reached the end of their serviceable lifespan; and WHEREAS, Police Department staff identified new multiband radios as the preferred option for greater communication and interoperability between agencies responding to emergencies; and
WHEREAS, staff procured partial funding for the replacement of radios through the State Homeland Security Grant Program; and
WHEREAS, staff are recommending Dailey-Wells Communications to provide the needed radios and associated equipment; and
WHEREAS, staff intends to execute the agreement with Dailey-Wells Communications through the County of Sonoma’s cooperative purchasing agreement (Sonoma County BPO QB 170032), as permitted by Section 3.24.080.8 of the City of Healdsburg Municipal Code; and WHEREAS, Dailey-Wells Communications has provided a quote of $58,545.95; and WHEREAS, pursuant to Title 14, the California Code of Regulations, Section 15378(b)(4)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment; and therefore, is not a project for purposes of CEQA.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby authorizes the City Manager to execute an agreement on behalf of the City Dailey-Wells Communications for police radio equipment in an amount of $58,545.95.

6.H.a
Packet Pg. 269 Attachment: Resolution (4850 : Police Department Radio Purchase) Resolution No. – 2025

PASSED, APPROVED and ADOPTED by the City Council of the City of Healdsburg this 5th day of May 2025, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers:( )
SO ORDERED: ATTEST:
___________________________________ ____________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk

6.H.a
Packet Pg. 270 Attachment: Resolution (4850 : Police Department Radio Purchase)

DAILEY-WELLS COMMUNICATIONS
3440 E. Houston St., San Antonio, TX 78219
To: Chief Matt Jenkins City of Healdsburg Police Department From: Michael Priolo (213) 810-6113
Date: 4/21/2025
Item Part Number Description Harris XL-200P UHF-VHF Qnty. Unit List Disc. % Unit Sale Ext Sale 10 XL-PPM1M PORTABLE,XL-200P,PARTIAL,MIDNT BLK,US 10 $ 3,650.00 35% $ 2,372.50 $ 23,725.00 $ 36,500.00 20 XL-PKGF2 FEATURE PACKAGE,DUAL BAND VHF+UHF 10 $ 1,250.00 35% $ 812.50 $ 8,125.00 $ 12,500.00 30 XL-NC5Z ANTENNA,FLEX,HELICAL,136-870 MHZ 10 $ 125.00 35% $ 81.25 $ 812.50 #REF! 40 XL-NC8E ANTENNA,WHIP,DUAL-BAND,UHF/700/800MHZ 10 $ 70.00 35% $ 45.50 $ 455.00 50 XL-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 10 $ 0.01 100% $ - $ - 60 ADSH-XL200L BATTERY,LI-ION,4800 MAH 20 $ 175.00 35% $ 113.75 $ 2,275.00 80 XL-CH6G CHARGER, 6-BAY, PREMIUM, XL-200P 4 $ 945.00 35% $ 614.25 $ 2,457.00 90 XL-AE4B SPEAKER MICROPHONE,EMER BUTTON 10 $ 255.00 35% $ 165.75 $ 1,657.50 100 XL-HC3L Belt Clip Metal 10 $ 35.00 35% $ 22.75 $ 227.50 110 XS-Y3EWP WARRANTY, EXTENDED 3 YR, PORTABLE 10 $ 220.00 0% $ 220.00 $ 2,200.00 Item Part Number Description Harris XL-45P UHF-VHF Qnty. Unit List Disc. % Unit Sale Ext Sale 120 XK-PFVUB PORTABLE, XL-45P, 136-522MHz, PH1, GRAY 5 $ 2,400.00 35% $ 1,560.00 $ 7,800.00 130 XK-NC5Z ANTENNA,FLEX,HELICAL,136-870 MHZ 5 $ 125.00 35% $ 81.25 $ 406.25 140 XK-NC1F ANTENNA, 440-494 MHZ, HELICAL 5 $ 28.00 35% $ 18.20 $ 91.00 150 XL-NC5Z ANTENNA,FLEX,HELICAL,136-870 MHZ 5 $ 125.00 35% $ 81.25 $ 406.25 160 XK-PL9E FEATURE,SINGLE-KEY AES ENCRYPTION 5 $ 0.01 100% $ - $ - 170 XK-PA3R BATTERY,LI-ION,3100MAH 5 $ 155.00 35% $ 100.75 $ 503.75 180 XK-HC2G BELT CLIP,STANDARD,XL-45 5 $ 20.00 35% $ 13.00 $ 65.00 190 XK-AE9D SPEAKER MIC 5 $ 210.00 35% $ 136.50 $ 682.50 200 XK-Y3EWP SERVICE ASSIST, EXT WARRANTY 3YR, XL45P 5 $ 200.00 0% $ 200.00 $ 1,000.00 Sub Total: $ 52,889.25
Shipping: $ 500.00
Tax 9.75%: $ 5,156.70
Total: $ 58,545.95

1. Prices Based off the Sonoma County BPO QB 170032 Purchase Orders are to be addressed as follows:

2. Price Valid for 60 days from the date above. Dailey-Wells Communications, Inc.

3. Terms: Net 30 Days, with approved credit. 3440 E. Houston Street

4. Shipping: FOB Source, prepay and add to invoice. San Antonio, TX 78219

5. Radio is upgradable to P25T and Phase II Attn: Michael Priolo Email: [email protected]
Bill To:

Ship To:

DWC Confidential 4/21/2025 Page 1

6.H.b
Packet Pg. 271 Attachment: Quote from Dailey-Wells Communications (4850 : Police Department Radio Purchase)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Reject Bids for the Test Wells for ASR Potential, Phase 1 of Project WA006
PREPARED BY: Patrick Fuss, Water/Wastewater Engineer
STRATEGIC INITIATIVE(S):

Maintain and Improve Infrastructure and Facilities
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Adopt a Resolution rejecting all bids received for the Test Wells for ASR Potential, Phase 1 of Project WA006 and direct staff to seek funding sources to complete this project.

COMMUNITY ENGAGEMENT/OUTREACH:

Staff conducted workshops with the public on August 23, 2021, and September 22, 2021, associated with the City’s 2020 Urban Water Management Plan where groundwater wells and aquifer storage and recovery were discussed as means to increase resilience of the City’s water supply. Staff presented this project to the Russian River Watershed Association on October 11, 2022, the Healdsburg Rotary Club on March 6, 2023, and at Healdsburg Climate Fest in April 2023 and 2024. On September 3, 2024, the City Council awarded the design contract of the ASR wells in a duly agendized and public City Council meeting.

BACKGROUND:

The City of Healdsburg currently receives all its potable water supply from surface waters. The City utilizes four main water rights to provide potable water as follows:
• Gauntlett – 4 cubic feet per second (cfs)
• Fitch – 3 cfs (may only be diverted from the Fitch Well Field (Badger Park) May 1 through October 31 due to turbidity issues; may alternatively be withdrawn from Gauntlett Well Field year-round)
• Dry Creek – 1 cfs (seasonal diversion April 1 through November 1 each year) • CSA / Fitch Mountain 1.39 cfs (limited by turbidity similar to the Fitch water right)

8.A
Packet Pg. 272
The City also has a water purchase agreement with Sonoma Water for up to 9.75 cfs and up to 425 acre-feet of volume.

During the drought of 2013-2018 all but the most senior surface water rights (Fitch) for the City were curtailed. In the drought of 2021, all surface water rights for the City, including water from the water purchase agreement, were curtailed. Under this condition, the City petitioned the State to allow water sufficient for public health and safety, an amount equivalent to approximately 112 gallons per capita per day, which is roughly 2 cfs.

To add drought resilience to the City’s water supply portfolio, the City explored additional supplies of water not subject to surface water curtailments imposed by the State. These sources of supply included groundwater resources not under the influence of surface water. To make this concept sustainable and to maximize its usefulness the City explored aquifer storage and recovery (ASR) groundwater wells. ASR wells would allow the City to store water in the aquifer when surface water is plentiful and withdraw it when surface water is scarce. This approach also provides a mechanism for the City to replenish groundwater if the volume of available stored water is insufficient.

In August 2021, staff solicited proposals for hydrogeologists to assist with determining the best locations for the ASR wells, estimating the expected yield for the wells, identifying the permits required for well construction, determining the requirements for ASR use, and designing the wells. On October 18, 2021, the City Council awarded a professional services agreement to GEI Consultants. GEI Consultants prepared a feasibility investigation that determined that ASR wells are feasible based on historical records at the former Dry Creek well field on West North Street, at Badger Park, and at the Community Center. Based on the historical data available, the wells are estimated to produce roughly 100 gallons per minute each (or 0.2 cfs each).

In 2021, staff applied for a grant through FEMA’s Building Resilient Infrastructure and Communities 2021 (BRIC 2021) program. The City was notified of selection for the grant in August 2022. The Phase 1 portion of the BRIC 2021 grant for exploratory wells and ASR facility design was funded by FEMA on July 1, 2024. The Phase 1 grant amount was of $1,514,841, and City funds required for the local match were estimated to be approximately $650,000 for this phase of the project. Phase 2 would be funded later depending on the exploratory wells project findings.

DISCUSSION/ANALYSIS:

On March 6, 2025, staff advertised for bidding the construction of exploratory wells at the proposed ASR well sites. The exploratory wells would build 8-inch wells to the anticipated aquifer depth for the ASR wells to determine the ability of the aquifer to perform as supply wells and ASR wells; the quality of the water in the aquifer to determine if additional treatment is required, and to determine if the aquifer is in communication with the surface water.

On March 19, 2025, a non-mandatory pre-bid meeting was conducted by staff for prospective bidders. The pre-bid meeting was attended by seven interested companies. On April 3, 2025, six bids were received. The lowest bid was offered by Weeks Drilling & Pump Company for $977,618. Bidders were required to submit a questionnaire stating their experience on similar

8.A
Packet Pg. 273
projects and confirming that the equipment and methods intended to be used for the project were consistent with project requirements. The lowest bidder, Weeks Drilling & Pump Company’s questionnaire was found to be responsive to the project requirements. Staff recommended awarding the project to the lowest responsive bidder, Weeks Drilling & Pump Company.

However, on April 4, 2025, staff received notification from the Department of Homeland Security, the federal agency that oversees FEMA, that the BRIC 2021grant program is being cancelled. Funds that had not yet been distributed to states for projects would be returned to the FEMA Emergency Relief Fund. On April 15, 2025, staff received an e-mail from California Office of Emergency Services (CalOES), the BRIC 2021 grant administrator, confirming that the BRIC 2021 grant program was cancelled, but that the Phase 1 funds are in place to construct the exploratory wells.

The CalOES e-mail also indicated that requests for additional time to compete Phase 1 would not be granted without prior approval from the FEMA administrator and that management costs would be halted. Per the grant award, the period of performance concludes on November 29, 2025 with all expenditures required to be completed by August 29, 2025. Staff, the design consultant, and the low bidder reviewed the work required and concluded that an extension of time would be required to complete the scope of Phase 1 and that in the time constraints only one exploratory well could be completed.

The scope of Phase 1 under the BRIC grant includes design and construction of the exploratory wells, and design of the ASR production wells and above ground facilities. To complete the project as scoped, the period of performance would need to be extended to March 31, 2026.

Additionally, the cost of Phase 2 for construction of the ASR Well Facilities is estimated at approximately $6,410,000. When completed, the ASR wells could potentially produce approximately 0.43 million gallons per day – approximately 15 percent of the City’s summer demand. However, improvements to Dry Creek well field and treatment plant could produce approximately 80 percent of summer demand. Improvements to the Dry Creek Water Treatment Plant booster pumps and clear well are planned for FY 2026-27, and improvements to well capacity at the Dry Creek well field are planned for FY 2028-29. Staff will continue efforts on water supply projects which can reduce the City’s reliance on Russian River sources and propose focusing our limited resources on the projects, such as the Dry Creek well field, that will make the most impact.

Staff does not recommend awarding a construction contract for Test Wells for ASR Potential, Phase 1 of Project WA006. Staff recommend that City Council reject all bids for the Test Wells for ASR Potential, Phase 1 of Project WA006, and direct staff to identify and pursue other funding opportunities to complete this work in the future.

ENVIRONMENTAL STEWARDSHIP:

The addition of ASR to the groundwater supply wells project adds resilience not only to the City’s water supply, but also to the aquifer, preventing local aquifers from becoming overdrawn due to increased groundwater pumping without a means to replenish the ground water supplies.

8.A
Packet Pg. 274
ALTERNATIVES:

City Council could elect to award the project and direct staff to complete the Test Wells for ASR Potential, Phase 1 of Project WA006. As planned the additional project costs would include:

Construction of exploratory wells $977,618
Construction contingency (recommended 10%) $97,762
Laboratory Analyses $26,970
Design consultant support during construction $172,600
ASR Well Facility design $710,200
TOTAL $1,985,150
The cost of completing Phase 1 of the project was planned to be funded 70 percent by FEMA and 30 percent by City water impact fees. As a result of the BRIC 2021 grant program cancelation and the time constraints to expend the awarded grant funding for Phase 1, if Council chooses this alternative it is possible that only the portion of work that can be completed during the grant period will be reimbursed and the City will have to cover the remaining costs over and above the 30% local match. It is also possible that the grant will not reimburse any of the additional project costs and the City will be responsible for funding the entire amount. Staff do not recommend this option due to the uncertainty surrounding the construction timeline, unknown additional City costs, and absence of Phase 2 funding.

Alternatively, staff believe that if the scope of the project is reduced to one well, the project can be completed in the time constraint of the grant without an extension. However, one well does not effectively serve the City’s needs due to the limited production potential and is not recommended by staff.

FISCAL IMPACT:

The total project budget currently appropriated for Phase 1 of the Groundwater Supply Well/ ASR Wells Project WA006 is $2,164,059. This funding is comprised of $1,514,841 in federal BRIC grant funding and $649,218 in Water Impact Fee funding. Expenses incurred on the project currently total $70,217, with additional outstanding invoices from the consultant anticipated at approximately $10,000. Reimbursement requests for 70% of the expenses incurred have been submitted to CalOES in accordance with the grant award. CalOES has indicated verbally that if the City elects to stop the project, funds disbursed for submitted reimbursement requests would not require repayment and the City would only be responsible for funding the 30% local matching portion.

ENVIRONMENTAL ANALYSIS:

On November 27, 2024, the City determined that the Test Wells for ASR Potential – Phase 1, Project WA006 project was exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15306 – Information Collection, which exempts basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.

8.A
Packet Pg. 275
Further, none of the exceptions to the CEQA exemption apply. This is because the project will have no impacts on environmental resources of hazardous or critical concern and will not result in or contribute to cumulative impacts. There are no unusual circumstances associated with the project that would result in a significant effect on the environment, nor would the project impact scenic resources. The project is not situated on a hazardous waste site and would not impact any historic resource. Therefore, the proposed project is exempt from CEQA.

The recommended action of rejecting all bids is not a project pursuant to CEQA and does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines section 15378(b)(4).) Further, rejection of bids is an administrative activity that would not have the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment.

ATTACHMENT(S):

Resolution
20250404 DHS Communication FEMA Ending BRIC
20250415 E-mail from CalOES re BRIC grant cancellation

8.A
Packet Pg. 276

CITY OF HEALDSBURG
RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG REJECTING ALL BIDS RECEIVED FOR THE
TEST WELLS FOR ASR POTENTIAL, PHASE 1 OF PROJECT
WA006 AND DIRECTING STAFF TO SEEK FUNDING

SOURCES TO COMPLETE THIS PROJECT
WHEREAS, the City’s water supply is derived from water rights to water from the Russian River and Dry Creek; and
WHEREAS, water rights can be curtailed by the State during droughts or when upstream water supplies are insufficient; and
WHEREAS, groundwater would provide an auxiliary supply of water for the City that would not be subject to curtailments as would surface water rights; and WHEREAS, aquifer storage and recovery (ASR) wells would provide the City access to groundwater not in communication with surface water as wells as make the use of the groundwater sustainable by replenishing groundwater as it is removed; and WHEREAS, ASR wells would also allow the City to store treated surface water in the aquifer when surface water is plentiful for later use when surface water is in short supply; and WHEREAS, the City engaged a hydrogeologist in 2021 to determine if aquifers consistent with ASR wells exist beneath Healdsburg, which would make ASR wells feasible; and WHEREAS, the hydrogeologist determined that ASR wells are feasible in Healdsburg and identified three locations that could be developed for ASR well use; and WHEREAS, the City applied for a grant from FEMA under the 2021 Building Resilient Infrastructure and Communities program (BRIC 2021) to investigate the actual subsurface conditions of the aquifer, design and construct ASR well facilities; and WHEREAS, FEMA awarded the City the BRIC 2021 grant in 2024, funding the exploratory and design portion of the ASR Wells project and deferring the ASR Wells Facilities portion; and
WHEREAS, the City engaged the hydrogeologist in 2024 to design the exploratory wells, provide services during construction of the exploratory wells, and design the ASR Wells Facilities; and
WHEREAS, on March 6, 2025, staff advertised for bidding the construction of exploratory wells and conducted a pre-bid meeting on March 19, 2025; and

8.A.a
Packet Pg. 277 Attachment: Resolution (4811 : Reject Bids for ASR Exploratory Wells Project) Resolution No. -2025

WHEREAS, on April 3, 2025, staff opened bids and found that the lowest responsive bid was offered by Weeks Drilling & Pump Company for $977,618; and WHEREAS, on April 15, 2025, California Office of Emergency Services (CalOES), the BRIC 2021 grant administrator, confirmed that the BRIC 2021 grant program was cancelled, but that the Phase 1 funds are in place to construct the exploratory wells and design the ASR Well Facilities; and
WHEREAS, on April 15 2025, CalOES notified the City that CalOES would not offer extensions to allow the City to timely expend the grant funds; and WHEREAS, the design consultant and the low bidder estimated the project completion after the period of performance indicated in the grant award, necessitating a time extension to complete the project to shovel-ready design plans; and
WHEREAS, the City is endeavoring to make its water supply more resilient to droughts and supply issues, particularly on its Russian River water rights, by improvement of its supply capability as well as wells and pumping equipment on the Dry Creek diversion point; and WHEREAS, staff will continue to source for ASR wells to diversify the City’s water supply portfolio; and
WHEREAS, rejecting all bids for a project is not a project pursuant to CEQA and does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines section 15378(b)(4).).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Find that rejecting all bids is not a project pursuant to CEQA Guidelines section 15378(b)(4) and does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

2. Reject all bids.

3. Direct staff to seek funding sources to complete the ASR wells project.

8.A.a
Packet Pg. 278 Attachment: Resolution (4811 : Reject Bids for ASR Exploratory Wells Project) Resolution No. -2025

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg, this 5 th
day of May 2025, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ___________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk

8.A.a
Packet Pg. 279 Attachment: Resolution (4811 : Reject Bids for ASR Exploratory Wells Project) FEMA Ends Wasteful, Politicized Grant
Program, Returning Agency to Core
Mission of Helping Americans Recovering
from Natural Disasters
Release Date: April 4, 2025
Under Secretary Noem, DHS is eliminating waste, fraud and abuse WASHINGTON -- FEMA is ending the Building Resilient Infrastructure and Communities (BRIC) program and canceling all BRIC applications from Fiscal Years 2020-2023. If grant funds have not been distributed to states, tribes, territories and local communities, funds will be immediately returned either to the Disaster Relief Fund or the U.S. Treasury.

Statement Attributable to a FEMA Spokesperson:
“The BRIC program was yet another example of a wasteful and ineffective FEMA program. It was more concerned with political agendas than helping Americans affected by natural disasters. Under Secretary Noem’s leadership, we are committed to ensuring that Americans in crisis can get the help and resources they need.”
Approximately $882 million of funding from the Infrastructure Investment and Jobs Act will be returned to the U.S. Treasury or reapportioned by Congress in the next fiscal year. The 2021 law made $1 billion available for BRIC over five years, $133 million to date has been provided for about 450 applications. FEMA estimates more than $3.6 billion will remain in the Disaster Relief Fund to assist with disaster response and recovery for communities and survivors.

Ending this program will help ensure that grant funding aligns with the President’s Executive Orders and Secretary Noem’s direction and best support states and local communities in disaster planning, response and recovery.

Page printed at fema.gov/press-release/20250404/fema-ends-wasteful-politicized-grantprogram-returning-agency-core-mission04/28/2025

8.A.b
Packet Pg. 280 Attachment: 20250404 DHS Communication FEMA Ending BRIC (4811 : Reject Bids for ASR Exploratory Wells Project) From: Calvillo, Michael@CalOES
To: Patrick Fuss
Cc: Sax, Kimberly@CalOES; Fennig, Robyn@CalOES
Subject: [EXTERNAL] - BRIC21-AP01550 Water Resiliency Integrating Groundwater in Healdsburg Thru ASR Date: Tuesday, April 15, 2025 3:16:08 PM
Attachments: BRIC21-AP01550 Schedule and Deliverables.docx [CAUTION:] This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Good afternoon, City of Healdsburg.

California along with other states received notification through this FEMA Advisory that it is discontinuing its Building Resilient Infrastructure and Communities (BRIC) program. As a phased project, your subapplication has been partially approved (e.g. “Phase 1” of the project has been approved), with federal funding approved toward completion of your Phase 1 deliverables (attached).

For all BRIC projects selected or underway, FEMA will:

Not grant any additional period of performance extensions on any BRIC projects, without prior approval by the Senior Official Performing the Duties of the FEMA Administrator.

Complete a program review on partially completed and fully obligated BRIC projects. The Senior Official Performing the Duties of the Administrator will be presented with courses of action and a recommendation on future activities for these projects based on an analysis of the information collected through the program review.

The review shall include information on the period of performance end date, obligation and unliquidated obligation, and description of the work yet to be completed. I am directing that further obligations for this class of projects only support pre-construction activities.

Halt the obligation of all management costs and review the status of management cost requirements in line with the project review specified above, with remaining funds de-obligated except those required to manage partially or fully obligated projects.

Return all federal funds to the Disaster Relief Fund that were initially set aside for Phase 2. Upon completion, the grant will be closed.

We are still awaiting official confirmation and have reached out to FEMA Region 9 with additional questions. When we get more clarification we will share any updates with you, and other sub-applicant communities in the same situation.

Please reach out if the City of Healdsburg is interested in moving Phase 2 of

8.A.c
Packet Pg. 281 Attachment: 20250415 E-mail from CalOES re BRIC grant cancellation (4811 : Reject Bids for ASR Exploratory Wells Project) “Water Resiliency Integrating Groundwater in Healdsburg Thru ASR” to the open grant opportunity Hazard Mitigation Grant Program (HMGP) DR-4856.

Please see the link to the NOFO. We anticipate large interest in HMGP due to the BRIC cancellation and expect that we will not be able to fund every proposal submitted.

Once we receive your expression of interest, Cal OES will schedule a call to discuss next steps.

We understand that you have many questions and will be here to address them as we continue to receive more information because of these announced program actions.

Thank you.

Michael Calvillo
Grant Specialist – Non-Disaster Unit
Hazard Mitigation Grants Division
Recovery – Hazard Mitigation Assistance Branch
California Governor’s Office of Emergency Services

Office: (916) 328-7879
Cell: (916) 616-9065
Email: [email protected]
Website: Hazard Mitigation | California Governor's Office of Emergency Management

8.A.c
Packet Pg. 282 Attachment: 20250415 E-mail from CalOES re BRIC grant cancellation (4811 : Reject Bids for ASR Exploratory Wells Project)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Healdsburg Avenue Complete Streets Project – Project Update PREPARED BY: Clay Thistle, Senior Engineer
STRATEGIC INITIATIVE(S):

Maintain and Improve Infrastructure and Facilities
RECOMMENDED ACTION(S):

Receive a presentation on the proposed Healdsburg Avenue Complete Streets Project design and confirm Council support for proceeding with the final design.

COMMUNITY ENGAGEMENT/OUTREACH:

The City implemented an extensive community engagement process during the conceptual design phase of the project. Multiple workshops were held that included Spanish interpretation along with surveys and other public meetings to solicit input on how best to improve the Healdsburg Avenue corridor from Powell Avenue to the northern City limit.

Prior to construction additional notifications will be provided.

BACKGROUND:

On December 17, 2012, Healdsburg City Council adopted Resolution 128-2012 recognizing the importance of Complete Streets and the desire to improve public streets and the transportation network for all users. Complete Streets are planned, designed, operated, and maintained to provide safe and convenient mobility for all users, including pedestrians, bicyclists, transit vehicles, persons with disabilities, seniors, children, youth, families, motorists, and commercial vehicles.

Healdsburg Avenue is Healdsburg’s primary north/south arterial connecting residential areas with shopping centers, places of employment, recreational and commercial areas, public facilities, and the downtown Plaza. Serving as State Route 101 until the 1960s when the Healdsburg bypass was constructed, the portion of Healdsburg Avenue from Powell Avenue to the northern City limit predominately caters to vehicle users and lacks the features that benefit and enhance other modes of travel. Currently the roadway consists of five lanes (two lanes in each direction and a two-way left turn lane) allowing for high-speed traffic. Sidewalks are

8.B
Packet Pg. 283
discontinuous, paved shoulders are narrow and lack bicycle lanes, and crosswalks are long and few and far between, further discouraging walking and bicycling.

Recognizing the need for complete streets improvements on Healdsburg Avenue, the City contracted with MIG, Inc. to develop a concept plan for improving this section of roadway. MIG designed and completed a specific and targeted outreach program, conducted extensive background research, and performed feasibility analysis of alternative options. MIG used this information to develop a preferred conceptual plan.

On February 3, 2020, the conceptual plan was presented to Council.

Based on the conceptual plan, staff successfully applied for an Active Transportation Program grant. On December 19, 2022, City staff requested proposals (RFP) from qualified consultant firms or teams with relevant experience and knowledge to prepare preliminary plans, environmental and right-of-way documents, and final plans, specifications and estimate (PS&E), for the Healdsburg Avenue Complete Streets Project and the Healdsburg Avenue Utility Replacement project. The utility replacements are needed to upgrade portions of the sewer, water, and storm drain facilities in advance of the complete streets project.

On May 18, 2023, the California Transportation Commission awarded $11,819,000 in Active Transportation Program grant funding for the construction of the project.

On September 5, 2023, Council approved a Professional Services Agreements with BKF Engineers for engineering design services for the Healdsburg Avenue Complete Streets Project in the not-to-exceed amount of $1,539,986 and for engineering design services for the Healdsburg Avenue Utility Replacement Project in the not-to-exceed amount of $309,357.

DISCUSSION/ANALYSIS:

The existing Healdsburg Avenue corridor is a wide, vehicle-dominated roadway with underutilized space, failing pavement, and limited facilities which presents gaps of access for pedestrians and cyclists. The project will transform this stretch of Healdsburg Avenue into a more vibrant “complete street” that prioritizes safety, accessibility, and multi-modal transportation for all users.

To advance the original concept to a fully engineered design, several studies and investigations to determine the feasibility of the concept drawings were performed. These efforts included, but were not limited to, geotechnical investigations to determine the integrity of the existing pavement, utility investigations to assess underground and overhead utility conflicts, traffic operations analysis to develop the appropriate lane configurations, and refining the cost estimate with up-to-date costs and quantities. These studies along with survey data were used to create a detailed geometric layout of the complete street design features such as bus turnouts at bus stops, protected intersections, pedestrian refuge island with rectangular rapid flashing beacons (RRFB) for safer pedestrian crossings, Class IV bikeways with varied forms of bicycle protection, traffic calming via intersection bulb outs, and tree planting along the existing roadway right-of-way.

The geometric layout made apparent the conflicts between existing conditions and the concept

8.B
Packet Pg. 284
drawings. Resolving those conflicts resulted in the following notable changes from the concept drawing to the current design.

The original concept showed numerous trees, most of which were located above underground utilities, in conflict with overhead utilities, or for other reasons determined infeasible. The idea of a landscaped buffer between bike and vehicular traffic at these locations had to be revised since the City must maintain access to the underground utilities. Therefore, a more typical means of protecting cyclists using bollards is included in locations where trees or raised medians are infeasible or not recommended. There remain significant sections of landscaped areas which will add many new trees throughout the project.

Much of the community engagement for this project occurred shortly after the Kincade Fire.

Some residents were concerned that the lane reduction would slow a future evacuation process.

While it was known that normal traffic operations would not be negatively impacted by the lane reduction, the effect on a large scale evacuation had not been investigated. In response to that concern, the consultant suggested that a 10-foot Class IV bikeway could possibly be used as an emergency evacuation lane. However, further exploration of this concept by the current design team demonstrated that merging, turning movements, and entering and exiting the lane may cause more delays than actual benefits. Additionally, fitting the bus turnouts, protected intersection, RRFB median refuge islands within the existing right-of way and preserving a 10- foot-wide bikeway for evacuation was not feasible.

Seeing that the bike lane could not provide dual function, our traffic engineers performed an evacuation analysis by modeling the City’s existing street network, population, and traffic conditions. Model analysis was performed for the existing street configuration and for the proposed Healdsburg Avenue improvements without use of the bike lane as an emergency evacuation lane. The analysis showed no meaningful increase in evacuation time without additional lane as constraints beyond the project area are the controlling factor and that the project reduction in lanes has limited effect on evacuation time. An evacuation once the project is completed may see longer single queuing in lieu of two-lane queuing but the time to evacuate and number of vehicles should remain essentially the same.

One other notable change is that traffic operational analysis determined that a traffic signal at Sunnyvale Ave was not warranted, and a lower cost RRFB will address the pedestrian need. An unwarranted signal delays traffic without benefit. The RRFB provides on demand lighting for pedestrian crossings and can be converted later if a signal becomes warranted based upon future build-out.

The recommended design, with the noted changes, is estimated to be within the current construction budgeted amount of $13,777,000.

As the design process continues, project estimates will be refined and staff is committed to guiding the project to align with the budget.

The requirements of the grant funding, the Healdsburg Avenue Complete Streets Project require staff to adhere to the Caltrans Request for Authorization (RFA) process, which includes key

8.B
Packet Pg. 285
milestones such as Field Review, Environmental Clearance, Right of Way Certification, PS&E preparation, RFA submittal, Authorization to Proceed, Advertisement, Award, and Construction.

Strict compliance with this process and its associated requirements is essential to retain funding, as any deviation may result in loss of financial support. One of the project’s next steps is to meet with Caltrans District of Local Assistance for a Field Review/Preliminary Environmental Study meeting to kick off the environmental clearance efforts.

Construction is currently scheduled to begin in September of 2026 and complete in March of 2029, though delays are possible.

The next anticipated project council action would be awarding the construction contract.

ENVIRONMENTAL STEWARDSHIP:

The Healdsburg Avenue Complete Streets Project will support a reduction in vehicle miles traveled, dependence on single-occupancy vehicle trips, and a reduction of vehicle speeds, all of which serve to lower harmful greenhouse gas emissions.

During construction reuse and recycling will be used to divert much of the construction waste from landfill. Additionally, project specification will require concrete, and asphalt removed to be delivered to local recyclers for reuse in new paving and concrete products.

ALTERNATIVES:

Council may choose not to support the design as proposed and request that modifications be made. Modifications made would need to ensure that grant and obligations and commitments remain intact or risk loss of the grant funding. Additionally, modifications that increase scope would need to be supported by additional funding or equivalent scope reductions.

FISCAL IMPACT:

The project is included in the Adopted Budget with approximately $1,617,640 allocated for the design phase and $13,777,000 for construction, for a total budget of $15,394,640. Funding is comprised of $600,000 in OBAG Federal Grant funds, $24,033 of Streets Fund, $37,000 of Federal Earmark Funds, $57,705 of ARPA funds, $2,856,902 of Measure T funds and $11,819,000 of ATP Grant funds.

Current project estimates are in line with funding and no additional funding is being requested at this time.

ENVIRONMENTAL ANALYSIS:

The recommended action does not constitute a “project” under CEQA, pursuant to Section 15378(b)(4)(5) of the California Environmental Quality Act (CEQA). The future construction project will be subject to environmental review and pending approval pursuant to CEQA and NEPA (National Environmental Policy Act) guidelines at a future date.

ATTACHMENT(S):

HBA Complete Streets Preliminary Plan

8.B
Packet Pg. 286

POWELL AVE

FERRERO DRIVE

MONTE VISTA AVE

MARCH AVE FERRERO DR

MONTE VISTA AVE POWELL AVE MARCH AVE

HEALDSBURG AVENUE COMPLETE STREETS PROJECT
SHEET - 1

8.B.a
Packet Pg. 287 Attachment: HBA Complete Streets Preliminary Plan (4839 : Healdsburg Avenue Complete Streets Project – Project Update)

TERRACE BLVD

SUNNYVALE DR

PAUL WITTKE DR SUNNYVALE DR TERRACE BLVD PAUL WITTKE DR

HEALDSBURG AVENUE COMPLETE STREETS PROJECT
SHEET - 2

8.B.a
Packet Pg. 288 Attachment: HBA Complete Streets Preliminary Plan (4839 : Healdsburg Avenue Complete Streets Project – Project Update)

GROVE ST

PARKLAND FARMS BLVD

GROVE ST PARKLAND FARMS RD

HEALDSBURG AVENUE COMPLETE STREETS PROJECT
SHEET - 3

8.B.a
Packet Pg. 289 Attachment: HBA Complete Streets Preliminary Plan (4839 : Healdsburg Avenue Complete Streets Project – Project Update)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: May 5, 2025
SUBJECT: Discuss Three City of Healdsburg Topics for Discussion at the Mayors' and Councilmembers' Association Board Special Meeting on May 22, 2025
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Discuss and provide direction to Mayor Mitchell or an alternate regarding three City of Healdsburg topics for discussion at the Mayors’ and Councilmembers’ Association Board Special Meeting on May 22, 2025.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City of Healdsburg is a member of the Sonoma County Mayors’ and Councilmembers’ Association. The Sonoma County Mayors’ and Councilmembers’ Association Board of Directors (Association) and the City Selection Committee (Committee) serve as collaborative bodies representing all Sonoma County cities. Their primary purpose is to create a unified voice to advocate for city interests at the regional level, ensuring that key priorities are advanced through collective action.

DISCUSSION/ANALYSIS:

The Association Board of Directors plays an essential role in shaping regional policy by reviewing issues of mutual interest, developing meeting agendas, appointing city representatives to regional and statewide committees, and acting as the Sonoma County City Selection Committee under Government Code Sections 50270 et seq. The Board also issues position letters and recommends programming topics for the Association’s General Membership meetings, acting in its role as the Program Committee.

On April 10th, at the Board of Directors meeting the Directors discussed public relations and

9.A
Packet Pg. 290
messaging in order to reinforce the cities’ priorities at various levels of local government. At that meeting, each City/Town Council was asked to identify and prioritize three key issues within their jurisdiction that require attention or action. These priorities will be discussed collectively at an upcoming special Board of Directors meeting to explore shared solutions and foster collaboration. The goal is to present these consolidated priorities to the Sonoma County Board of Supervisors to ensure alignment and effective resource allocation In preparation for the May 22, 2025 Special Meeting of the Association Board of Directors, the City Council is asked to provide Mayor Mitchell or her designated alternate with direction on three key topics of regional significance.

City staff proposes the following topics for consideration:

1. Mental Health Services and Allocation Measure O Funds:

In 2020, Sonoma County voters passed Measure O, a quarter-cent sales tax dedicated to mental health, addiction, and homeless services. The measure was estimated at the time to generate $25 million in revenue annually, and actual revenue in FY24-25 was over $32 million. Although Healdsburg benefits from some of the countywide services funded by Measure O, it does not receive any direct allocations of this funding. The City currently funds a mental health response position in the Police Department without any outside funding support, primarily from the General Fund. In 2024, the County Board of Supervisors approved funding for Healdsburg to expand its mental health response program, but after significant ongoing discussions, it became evident that the County would only provide the funding if the City’s response protocols were adjusted to allow for MediCal reimbursement for the services provided. City staff determined that this did not make operational sense for the City and would not result in improved services for the community, so the funding agreement did not move forward.

Healdsburg staff would welcome a revisiting of Measure O to see how local services could be better supported, particularly for cities that are using General Funds to provide services.

2. Funding Homelessness Response and Project Homekey Projects Like all jurisdictions in Sonoma County, Healdsburg spends significant local resources on the challenge of homelessness. This includes street outreach, shower services, and supportive housing at Victory Apartments, but the most significant cost is for the operation of the L&M Village, a transitional housing facility of 22 units. Thus far, the County has supported operational costs for the facility, which have been around $800,000 per year. However, the funding has been provided through one-year agreements. No agreement for County funding is in place for FY25-26 although discussions are ongoing.

If the County funding were to go away, the costs of the L&M would take up the overwhelming majority of Healdsburg Measure S funding for affordable housing, drastically limiting the City’s ability to pursue other planned projects.

The County receives funding via Measure O that can be used for transitional housing and receives HEAP funding via the State of California. Healdsburg would greatly benefit

9.A
Packet Pg. 291
from a multi-year funding agreement for the L&M, reducing long-term budgetary uncertainty.

3. Emergency Preparedness
Although all jurisdictions in the County are active in planning for future disasters and emergencies, the response often requires regional coordination. This coordination has been improved in recent years, but there is always an opportunity to further refine how jurisdictions can cooperate to ensure the most effective response.

4. Water Security
The proposed decommissioning of the Potter Valley Project will significantly impact water availability for communities that rely on the Russian River. Healdsburg has taken numerous steps to diversify its water supply in advance. Nevertheless, regional coordination will be crucial to ensure that the decommission and the proposed “two basin solution” will be implemented in a manner that best ensures sufficient and predictable water availability, particularly during the summer months.

Regional collaboration through the Association is helpful to advancing the City's priorities, securing necessary resources, and ensuring Healdsburg’s voice is represented in discussions that affect the broader Sonoma County community.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City Council may decide not to move forward with recommendations on key topics of regional significance.

FISCAL IMPACT:

There is no fiscal impact related to this action.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

9.A
Packet Pg. 292
4/30/2025 – Page 1

CITY OF HEALDSBURG

CITY COUNCIL FUTURE AGENDA ITEMS
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) May 19, 2025 Affordable housing Month Proclamation
Fire Hazard Severity Zones – 2
nd Reading
Weed Abatement
Mill District Project (Replay Healdsburg, LLC; Eden Mill District, LP) – Annual DA Review North Village Project (CCS Healdsburg, LLC; Kendal at Sonoma, A Zen Inspired Community; BHDC North Village, LLC) – Annual DA Review
Saggio Hills Affordable Housing Project (Freebird Development Company, LLC) – Annual DA Review Utility Wildfire Mitigation Plan Update
Sonoma County Funding for Community Center Improvements SB1 List of Streets Projects
Notice of Completion for Recycled Water Pipeline Project Acceptance of the North Village Fire Substation Project Grant Street Water Improvements Bid Award
Healdsburg Prune Packer Recreation Park Banner Request
Laura Fish Somersal Park Phase 1 Schematic Design Review FY2024-25 Q3 Financial Update
Selection of the Official City Plant, Flower or Tree
SCTCA Grant Priority List
Electrification Energy Demand Forecast
June 2, 2025 Pride Month Proclamation
Elder Abuse Awareness Month Proclamation
Gun Violence Awareness Month Proclamation
GANN Appropriation Limit
Villa Chanticleer Lease Amendment - Utilities

12.1.a
Packet Pg. 293 Attachment: Agenda Planning Sheet (4851 : Future Agenda Items - May 5, 2025) 4/30/2025 – Page 2
Foley Family Community Pavilion Architectural Construction Administration Services and Archaeological Monitoring Services Contract Amendments
Professional Services Agreement with Alameida Architecture for Victory Apartments Funding Commitment to Burbank for the Dry Creek Commons Discuss Fiscal Year 25-26 City Council Goals
Electric Vehicle (EV) Charger Program Participation and Results Speed Limit Reduction Ordinance – 1st reading
June 16, 2025 Juneteenth Day Proclamation
Disabilities Pride Month Proclamation
Proclamation Declaring July 2025 as Parks Make Life Better Month in the City of Healdsburg FY2025-26 Investment Policy
Reach for Home Quarterly Update
Fletcher Studio Contract Amendment - Laura Fish Somersal Park Design Development Speed Limit Reduction Ordinance – 2nd Reading
Landscaping and Lighting Assessment District
Weed Abatement Public Hearing
Badger Park Redevelopment CEQA and Master Plan Approval Public Hearing on Staffing Vacancies to Comply with Assembly Bill 2561 HTID Annual Report Update from the Chamber
Title Six Implementation Plan Presentation
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda)

12.1.a
Packet Pg. 294 Attachment: Agenda Planning Sheet (4851 : Future Agenda Items - May 5, 2025)