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2. Firm Description
HISTORY
Cal Engineering & Geology, Inc. (CE&G)is a full—service municipal consulting, civil design, and geotechnical
consulting ?rm with of?ces in Walnut Creek, San Iosé,
and Hayward. The Hayward of?ce is co-located with
our geotechnical testing laboratory. CE&Gprovides
municipal engineering, staff augmentation, program
and project management, civil design, development
entitlement and project review, structural
engineering, peer, plan, & map reviews, and related
engineering consulting, to municipal clients
throughout California. CE&Ghas provided a contract
City Engineer/ Utilities Director, Interim Assistant City Engineer, staff augmentation services, Contract City
Surveyor, and City Traf?c Engineer. CE&Ghas worked
together with local public agency professionals to
complete more than 300 improvement projects
including capital improvement programs, multi-year
pavement preservation programs, emergency slope
stabilizations, road widening, ?ood control facilities, sanitation facilities, trails, parks, creek bank
stabilizations and restoration, community buildings,
and embankment dam and levee projects.
Integrating CE&G’s"personal touch" services with the
vast resources of Haley &Aldrich (H&A)to meet your
goals.
In January 2023, CE&Gwas acquired by H&A.With
this acquisition, CE&Gintegrated fully into H&Awith
complete access to the vast resources of a nation-wide
consulting firm with 900 staff members in 35+ of?ces.
The more than 91 professional staffin our local Bay
Area offices allow us to tailor recommendations with
local knowledge. Every project manager has access to
ample personnel and resources, enabling us to
respond to client needs quickly, ef?ciently, and
effectively.
comprehensively handle any anticipated, or unanticipated, project assigned under this On—Call Engineering Consulting Services contract. CE&G/H&Aoffer their clientele access to expert technical resources with an integrated, collaborative, and creative problem-solving approach. CALENGINEERING& GEOLOGY 3 City of Saint Helena On-Call
Established in 1957, H&Awas the ?rst geotechnical
engineering practice in New England and has since
expanded its footprint. At the forefront of emerging
environmental regulations in the late 1970s and early
1980s, H&A's practice grew to encompass
environmental compliance, site assessment, and
remediation. Now in our 61st year, H&Ahas retained
our practical approach to engineering and
construction projects by integrating the geotechnical
and environmental investigations for optimum data
collection and reporting, combining complex site
remediation with the realities of project design and
construction.
H&A has an unparalleled history of striving to
understand the unique needs and challenges of our clients and helping them succeed. We have built a reputation for developing thoughtful and cost-ef?cient
solutions to complex issues with sensitivity to impacts on neighbors and adjacent properties.
H&A is experienced with collaborative design
processes and Lean project delivery. Lean thinking — a philosophy focused on reducing waste, enhancing value and respecting people — and a collaborative
working environment are embedded in our culture,
regardless of the services we are providing. We are committed to delivering long-term value efficiently for our clients, no matter how straightforward or complex the challenge.
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3.Fee Schedule
The following hourly rate schedule represents the Haley & Aldrich standard company rates for 2023. Indidivudal hourly rates can be negotiated per professional or speci?c task on a task order by task order basis.
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4. Professional Services Agreement/Insurance
Comments will be forthcoming based on H&A's review ofa submitted Standard Master Services Agreement.
CALENGINEERING& GEOLOGY 5 pragmaticExpemsem
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Agenda Item #12.5.
which we complete a variety of tasks. Our experience
with such disparate-sized projects has enabled us to
be flexible in staf?ng on-call service projects. It is rare for us to encounter a situation where one of our professional staff is unavailable because they are committed long-term to another project. The variety of projects we have completed is demonstrated by the
project descriptions included within this section.
SERVICES
Program & Project Management and Sta?‘
Augmentation
In the current labor market where public agencies are often understaffed and overworked due to increasing retirements and limited back?ll of the engineering
workforce, CE&Gprovides only experienced project
managers and technical staff who are intimately
familiar with the public project process. Our extensive municipal experience allows us to be comfortable
working with both in—houseand consultant engineers
your team for short- or long-term engagements. Saint Helena can rely on us for:
0 Supplemental engineering staff
0 Project and program management RFP preparation and consultant selection Engineering Analysis & Civil Engineering Design CE&G'sengineering staff has been designing and/or peer reviewing and managing a wide variety of capital improvement and maintenance projects for local cities and counties since 1993. Projects range from design support for new city of?ces, parks, and corporation yards, to retro?tting and improvement of roadways, bridges, and storm drain systems to pavement preservation and creek maintenance. CE&Ghas full design capabilities and routinely prepares bid packages consisting of complete construction plans, construction specifications, and estimates for projects relating to roads and ?ood control. Projects typically include components such as earth retaining systems, pavements, bridges, trenchless pipelines, and storm drain improvements. CE&Guniquely offers civil engineering services focused on merging conventional geotechnical consulting services, such as investigation, testing, and inspection services with geo-civil design. Our focus on CAdivisionofHaley8:Aldrich
5. Firm Qualifications
SUMMARY OF QUALIFICATIONS
CE&G/H&Aunderstands what it takes to provide on- call services to Bay Area communities. For 29 years, CE&Ghas worked closely with many public works,
engineering, and planning staff on precisely the types
of projects expected to be part of the City ofSaint
Helena’s engineering project management services
needs. Our municipal engineering experience and local
geotechnical knowledge have enabled CE&Gto
develop a solid, effective, and pragmatic approach to
these services. Key to our approach is the recognition
of the needs and concerns of various stakeholders on
every public project. Careful examination of the needs
implementation of reasonable and appropriate scopes of work with well-de?ned tasks. CE&Ghas used this approach to successfully manage and complete award- winning projects for nearly three decades. As a combined ?rm, CE&G/H&Ahas an established, local track record in performing on—calland project- speci?c support services for public agencies including:: - Pittsburg since 2015 0 Oakley
0 Concord 2000 Dublin 2006 Lafayette 1993 Martinez 1998 0 Moraga 1993
0 Oakland 2002
o Orinda
0 San Ramon 2009
o Vallejo 2011
0 Alameda County 1995 Contra Costa County since 20050 Santa Clara Valley Water since 2014 0 Dixon 2021
0 San lose ongoing
0 Port Oakland of Oakland ongoing Palo AltoC San Fran isco lnt’lA1rport (SFIA/SFO) ongoing Because ofour experience with on-call service contracts, CE&Ghas become adept at dealing with numerous large and small projects. Our typical projects range from short-term $2,000 assignment for which we provide limited specialized design assistance to longer term $300,000+ projects for CALENGINEERING& GI-:oLoGv 6 Statement ofQualificationsfor CivilEngineering Design
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geo-related civil engineering design work has resulted
in numerous industry awards for infrastructure
renewal and improvement projects for both
transportation and water resources sectors.
Tra?ic Engineering
Lynne Filson, PE, TE, LS is a California registered
professional Civil Engineer and California registered
Traf?c Engineer with a history of assisting
municipalities with managing local traf?c engineeringrelated issues, including traf?c handling at AMdropoffand PM pick-up peak hours at local elementary and middle schools, signal timing and interconnection,
engineering speed surveys for radar enforcement,
sight distance issues and solutions, roadway lighting,
striping & signage, reviews of traf?c studies for
will be available to provide any day-to—daytraf?c engineering assistance that the City needs. CE&G's Entitlementservices engineering staff works directly with the client's Community Development and Planning Departments to provide city engineering representation to the project entitlement process. CE&Gworks hand-in-hand with project planners and other stakeholders to represent the city's best interests in entitling development and other discretionarily permitted projects. During the entitlement process, CE&Grepresents the city in regard to bike, pedestrian and vehicle circulation, utility treatment capacity delivery &collection system capacity (domestic water, sanitary sewer & storm sewer), special studies, and environmental. CE&G prepares conditions of approval for tentative maps and other discretionary permits. CE&Gis also capable of monitoring and project management of development projects to ensure that all project conditions of approval ar satis?ed and all required mitigations have been sat s?ed as the project is built. CE&G'sengineers are astu e at ?nding creative solutions to complex and if?cult issues and problems, facilitating both parties to get to yes" without compromising the city's b st interests or the applicant's project success. Understanding both sides of an applicant issue and providing experienced guidance to a mutually bene?cial solution sets CE&G apart as a trusted advisor to our clients. Plan and record document review CE&Gengineers provide plan, map, and record document review services on behalf oflocal agencies. With the current economic cycle of the housing market, citys and other 0 ersight agencies are coming AL ENGINEERING8: GEOLOGY 7 City of Saint Helena On-Call
under greater pressure to provide plan, map, and
record document reviews at an ever-quickening pace.
CE&Gengineers provide thorough plan and map
reviews based on tentative map conditions of
approval, approved CEQAdocuments and required
mitigations, city codes and standards, MRP 3.0 C.3
regulations, Subdivision Map Act and good old
common sense engineering. CE&Greviews grading
plans, improvement plans, traf?c control plans, ?nal
maps, easements, irrevocable offers of dedication,
signing &striping, signal construction, interconnect &
timing/ synchronization plans. Typical plan and map
reviews are scheduled to be completed and comments
returned within ten business days for the first and
second reviews and within ?ve business days for the
third review. If more than three reviews are required,
the fourth and subsequent reviews are performed on
time and a materials basis as an additional service
Construction Inspection and Testing CE&Gprovides special inspection, resident engineering, construction observation, and testing services with a specialization in grading, concrete placement, and overall construction quality assurance services. Alltesting is performed or overseen by licensed professional engineers. Our backgrounds and extensive experience in the design and construction industry help set us apart and ensure that quality assurance and quality control goals are met. CE&G's lab is accredited as an inspection and testing agency by the following agencies and/orparticipates in the following sample reference programs: AASHTO,AMRL, CCRL,USACE,ICC,and ACI. UAS& LiDARScanning Data Sets CE&Ghas a robust in-house Unmanned Aerial Systems [UAS]and terrestrial scanning program for the acquisition and use of high-resolution orthoimagery. The imagery is used to create high density, geo- referenced and time-referenced photogrammetrically— derived point clouds and corresponding geospatially— referenced 3D surfaces for developing topographic maps and geologic mapping, geotechnical and geologic analyses, and to identify limits of geologic hazards at sites. Detailed data results in better understanding of and further evaluation of, project conditions and constraints through higher-level analysis including evaluations, monitoring, and asset management and maintenance.
Statement ofQualificationsfor CivilEngineering Design
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Agenda Item #12.5.
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Construction Management
CE&Gprovides construction management and public
works inspection services to public agencies
throughout the nine San Francisco Bay Area Counties area. Our forte is construction management of infrastructure renewal projects that involve roadways
and other public infrastructure constructed as a condition of development approval or as capoital improvements. Our biggest advantage is that our strong design background enables us to identify issues in the ?eld before they become bigger, costlier, and
time—consuming problems.
TECHNICALSTAFF
The technical staff at CE&Gincludes geotechnical
engineers, engineering geologists, and civil engineers, all of whom have extensive local knowledge and
experience on a wide variety ofpublic works projects.
Summaries ofthe experience ofeach of the key project
professionals are presented within this section.
EXTENSIVEIN-HOUSERESOURCES
CE&Ghas developed an extensive collection of
technical resources over the years to provide our clients with the most up-to—dateinformation and technology available, including:
0 up-to-date engineering software,
0 hard copy and digital technical libraries, and
in-house soils testing laboratoIy.Engineering
Software
Cal Engineering & Geology has fully embraced
technology in providing a better service and product
to our clients. The engineering software library
includes the following programs:
0 AutoCAD Civil 3D Drafting and Design
0 ArcGIS Geospacial Analysis
0 MathCad Engineering Math
0 Microsoft Project Project Scheduling
0 LPILEV2019 Concrete Piles
0 Ctshoring 4.5C Shoring Design
0 RSPile Pile Analysis
0 to our has used numerous open-sourced software programs and program languages to meet project-speci?c design requirements. CE&Galso has experienced using powerful tools like RISAfoundation that we typically license for shorter periods for project—speci?c use. Technical Libraries CE&G'sengineers can rely on a vast library of technical publications, maps, and historical aerial photographs. CALENGINEERING& GEOLOGY 8 City of Saint Helena On-Call
Pertinent maps and photographs can be scanned and
imported into Civil 3D or ArcGIS.
Soils Testing Laboratory
CE&G'ssoils testing laboratory and ?eld services are
run by registered engineers and geologists who fully
understand the complexities of design and challenges
of the construction process. Our backgrounds and
extensive experience in the design and construction
industry help set us apart and ensure that quality
assurance and quality control goals are met. The CE&G
laboratory, in Hayward, has been accredited by AMRL
(ASTMand AASHTO)and the US Army Corps of
Engineers.
EXAMPLEPROIECTSAND
REFERENCES
ENGINEERING STAFF AUGMENTATION,
BENICIA, CA (2022-ONGOING)
CLIENT
City of Benicia, Kyle Ochenduszko,
Public Works Director
[email protected] //
(707) 746-4200
PROJECTDESCRIPTIONANDCE&G'sSCOPE
Scott Alman has enjoyed an ongoing professional
relationship with the City of Benicia for the past six
months, serving the City as Interim City Engineer.
Benicia recently recruited their next full time Deputy
Director/City Engineer, who is scheduled to begin
with the City in early March, 2023. Kara Malig is
working on the H Street Shoreline Stabilization, and
Ronaldo Longoria is continuing to work on Lake
Herman Dam EAP and Lake Herman Spillway projects.
ENGINEERING STAFF AUGMENTATION,
PITTSBURG, CA (2022-ONGOING]
City CLIENT of Pittsburg , Richard Abono, PE Director of Public Works/City Engineer [email protected] // (925) 252-4936 PROJECTDESCRIPTIONAND CE&G’sSCOPE Mr. Alman and Ms. Filson, with a team that includes Ronaldo Longoria, Josielyn Bustamante, Kara Malig, IulissaRico Ruiz and George White are currently providing project management and staff augmentation PragmaticExpen‘iseW St
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Agenda Item #12.5.
AdivisionofHaley8:Aldrida
services to the City of Pittsburg‘s Public Works - Engineering Division. CE&Gengineers are providing these management, design, and project support
services on a number ofsmaller CIPrelated projects,
including completing the update to the city's standards and detail drawings, refurbishment and relocation of a city-owned message sign, the structural plan review of an un-permitted retaining wall on Leland Avenue, multiple traf?c items, and entering the current CIP
into Planltl Software to have the program running
successfully for the FY-2023/2024CIPto be prepared
solely in PlanIt! And no longer created and updated
manually.
In addition to the aforementioned projects, Mr. Alman
is currently providing full-time staff augmentation
a vacant be joined by Mr. Bruce Zaeni, PE who will provide staff augmentation services as the Program/ Project Manager for a high-pro?le recreation facility and an update to the City's sanitary sewer masterplan. ENGINEERING STAFF AUGMENTATION, DIXON, CA (2014-ONGOING) City CLIENT ofDixon, ]im Lindley, City Manager [email protected] // (707) 678-7000 Deborah Barr, PE City Engineer/ Utilities Director [email protected] // [707] 678-7030 PROJECTDESCRIPTIONAND CE&G'SSCOPE Mr. Alman, and Ms. Filson, with a team that included George White and Iosielyn Bustamante, provide staff augmentation services to the City of Dixon's City Engineering 8: Utilities Department. Originally these services began in 2014 under a task order contract with a previous employer. That task order contract included more than 50 task orders totaling more than $7 million in contract services, including plan reviews and entitlement work on new housing developments, construction inspections on new development and infrastructure revitalization projects, preparation of bid documents for a variety ofdifferent types of CIP projects including pavement preservation and Building & Life Safety inspection services provided by teaming partner TRBplus. The largest single project undertaken by this team is the plan check, inspection, and project management of the Southwest Dixon Speci?c Plan Area project named "Homestead". Taylor Builders are developing this speci?c plan area with
individual villages being sold to a variety of national and local home builders. Lynne has managed the plan
and map reviews of ten individual villages within the
first three phases of Homestead. .With the recent
departure of the City Engineer/Public Works Director,
]oe Leach, Scott was selected by the City Manager to
serve as Interim City Engineer/ Utility Director during the recruitment for the new City Engineer. Due to the
need for a quicker response time than that being
provided by Solano County, Lynne has also assumed
the role of Contract City Surveyor, reviewing Final
Maps and signing on behalfofthe City.
ENGINEERING STAFF AUGMENTATION,
MARTINEZ, CA (ONGOING)
CLIENT
City ofMartinez, Eric Figueroa, City Manager
PROIECTDESCRIPTION AND CE&G'SSCOPE Up the retirement of the City Engineer, Mr. Alman wa appointed Interim City Engineer and Ms. Filson Int im City Traf?c Engineer for the City of Martinez. On of the larger Martinez assignments is the plan revi w of the Alhambra Highlands development project. This plan review project followed Mr. Alman and Ms. Filson to CE&Gas the applicant's team did not want to lose any continuity on the plan review work that had been accomplished to date. This project is ongoing and includes a review of grading and improvement plans, landscape & irrigation plans, ?nal map, and public water system improvements. The project includes the management of several consultants performing specialty work on this project for the City. Mr. Alman was also responsible for managing Measure M funding (Martinez's sales tax measure for pavement preservation). Mr. Alman made annual presentations to City Council regarding how and where the Measure M funds were to be spent each year. Mr. Alman prepared the City's 5-year Pavement Preservation Program directing the expenditure of Measures M8;] funding as well as RMRAand HUTA gas tax funds to garner the greatest return on investment for the City. Currently, Mr. Alman is working with Matthew Feske to process a development permit, including a CEQA/NEPA environmental process for a local Martinez business to refurbish and rehabilitate an out-of-service rail spur serving their facility..
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TEAM STRUCTURE, RESUMES AND
ORGANIZATIONCHART
Gary Mochiluki,PE,
LynneFilson,PE,TE
, ChrisHockett, PE
EliZane.PE
Ronaldo Longorio,
JosielynBustamant e Sonya Bums
Michael Angis
Kathleen Campos
Nicholas Davis
Zachary Gautsch
Justin Ripley
Dan McGrath
Kara Malig
Nancy Gardi
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Lynne PE, Fllson, CP
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Matthew
Emergency CE NEPA QAI Response/
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Agenda Item #12.5.
(0 CE&G AdivisionofHaleyEAldrich
PROJECTMANAGERS/KEYINDIVIDUALS
The City of Saint Helena can rely on CE&G'spersonnel experiences with public works projects of various sizes to overcome challenges of complex projects. The proposed project managers for this contract are all highly experienced and responsible professionals who have worked directly with engineering, planning, and operations and maintenance staff from numerous local public agencies. Summaries of their experience, capabilities, and resumes are presented below and on the following pages. Resumes for all staff indicated on the org chart are available upon request.
City of Saint Helena On-Call
Name Yrs Exp.
Scott Alman.PE, QSD
38 years experience
Phil Gregory, PE, GE
39 years experience
Lynne Filson, PE, TE, L8
35 years years experience
Role
Contract 8; Project
Manager
Contract 8; Project
Manager
Traf?c Engineer
Gary Mochizuki, PE, SE
46 years experience
Matthew Feske 20 plus years experience
Structural Engineer
Expertise
38 years of continuous civil engineering experience
managing all types ofengineering projects, including
providing short- and long-term City Engineer/ Director
of Public Works services to municipal agencies.
Comprehensive knowledge of municipal engineering
(contract City Engineer), staff augmentation, capital
improvement programing, pavement preservation
programing, entitlement and development engineering.
Worked with more than 30 separate municipalities and
districts within northern California
Erosion control with FEMA/FHWAfunding expertise
Designer of over 150 geogrid reinforced slopes and
retaining walls
Expertise in slope monitoring and risk evaluation for
alternative stabilization measures
35 years of Civil and Traffic Engineering experience in both the public and private sectors
Provided staff augmentation to various cities, work as
the City Traf?c Engineer for the Cities of Martinez,
Dixon, and Clayton, and coordinates a large number of
subdivision plan reviews
Managing contract work including signing, traf?c
handling, and stage construction, landscaping, utility
undergrounding, irrigation, and roadway lighting.
Acquiring necessary approvals from Caltrans Local
Assistance Division on federally-funded projects
36+ years of experience in analyzing, evaluating, and
reviewing various types of structures. Gary has designed wood-framed, structural steel, reinforced concrete, posttensioned concrete and masonry buildings for industrial, commercial and residential projects, and
reinforced concrete bridges.
expert on several projects. Professional Planner, CEQA/NEPASpecialist 20+ plus years of experience as a staff planner through executive management managing all project levels in challenging multitasking environments. Excels in focusing the efforts of diverse groups to work toward common goals with a strong ability to plan and organize while maintaining ef?cient control of ?nancial and human resources. CEQAand NEPA processes. CALENGINEERING& GEOLOGY 11 PragmaticExpertisem St
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ons
Agenda Item #12.5.
Name Yrs E
Chris Hockett, PE, GE
18 years experience
Ronaldo Longoria, PE
even years experience
JuliaHalsne
25+ years experience
Carolyn Harshman, CEM
46 years experience
Dr. William Faisst, PE
ancy Gardiner, CPESC, QSD/P, QISP, ToR 30 years experience AL ENGINEERING& GEOLOGY Role
Design Manager
Financial Project
Manager
Senior Emergency
Planner/Trainer
Emergency Planning
Consultants
William K. Faisst
Stormwater Program Support 12
City of Saint Helena On-Call
Exper?se
17+ years of geotechnical experience including numerous asphalt and concrete pavement design, mitigation of expansive subgrade soils, and the design of full depth
reclamation section projects.
Signi?cant experience completing geometric layout of
roadways and trail facilities in conformance with the
Caltrans Highway Design.
30+ years bridge foundation and storm drain
geotechnical investigation reports.
Six years of professional experience providing civil
engineering services for various types f public and
private projects
Projects have included earthwork repairs of landslides, retaining wall design, and tieback and soil nail retaining wall design.
Providing staff augmentation services for City of Benicia's Lake Herman Dam EAP& Lake Herman Spillway projects.
25+ years leading East Bay Municipal Utility District's (EBMUD)Business Continuity Program. Iuliadeveloped
training and tabletop exercise programs for all levels of EBMUD, and performed risk assessments and risk
analysis for all aspects of EBMUD.julia facilitated
District-wide emergency preparedness and
implementation and coordinated with EBMUD'sIT
Department regarding disaster recovery and asset
management for technology, systems, and applications.
Certi?ed Emergency Manager as conferred by the
International Association of Emergency Managers
As President of Emergency Planning Consultants,
Specializes in hazard mitigation planning and has
completed nearly 150 FEMA-approved plans (to date)
Prior to emergency management, 20-year career as a city, regional, and redevelopment planner 47+ years of diverse experience as project director,
project manager and project engineer in the planning,
potable water experience ranges from planning through design, construction support and operations 30consultation. years of diverse experience with stormwater permitting, water quality monitoring, TMDLcompliance, and training to guide the work of the Haley & Aldrich team. She has worked with clients in every sector of the market and deeply understands the requirements of California permits, having worked on MS4 projects since the permit's inception in the early 1990s PragmaticExpertisem (0 CE&G AdivisionofHa|ey8:Aldrich
Statement ofQualificationsforCivilEngineering Design
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Agenda Item #12.5.
13 CAdivisionofHaley8:Aldrich
WORKLOADS AND CAPACITY
ADDITIONALTECHNICALSTAFFING
CE&Ghas the staff available to handle geotechnical projects on an as-needed or on-call basis. Our in-house staff of engineers and geologists are available to support the efforts of the identi?ed key project professionals. Staff level support will be determined on the basis ofthe speci?c needs ofa given project;
CURRENTCOMPANYWORKLOAD
CE&Gforecasts its workload every two weeks to determine staf?ng needs of projects and to allocate recourses as necessary to complete projects within the time and budget allotted. The current workload and forecast workload over the next few months indicates that CE&Gpersonnel will be available for the City's projects. Our project managers, staff engineers, and geologists are readily able to increase their workload to accommodate additional City on-call civil engineering design services. The current and anticipated work load will allow CE&Gto assign the needed personnel to a speci?c project/work order immediately upon being noti?ed ofa new assignment
SUBCONSULTANT DETAILS
WRAENVIRONMENTAL CONSULTANTS
WRAis an environmental consultancy that's making a net positive impact. They are proud to be an employee—owned,certi?ed small business (SB-PWref. #13333] with 100 team members working from four of?ces in California, and a growing distributed workforce throughout the West. As a tenacious team of planners, engineers, and scientists, they partner with public agencies, non pro?ts, and private entities on multidiscipline projects. With more than 40 years of experience in California's diverse ecoregions, they have an understanding of the unique habitats throughout the state and the growing needs of local communities.
In the last decade, WRAhas partnered with Haley &Aldrich on 9 projects, including projects for the California Coastal Conservancy, Port of Redwood City, County of Marin and Silicon Valley Clean Water.
With an of?ce in Emeryville, WRA has extensive experience throughout the Bay Area, including over 150 projects in Solano County and more than 50 projects in the City ofVallejo. Their diverse work in the region includes biological surveys and wetland delineations, many which require permitting and CEQA,and several have included mitigation planning and design for impacts to jurisdictional wetlands, sensitive species or habitats. Some of WRA's clients include: the City of Benicia, City of Fairfax, City of Suisun City, County of Solano, WETA among many other Bay Area municipalities.
WRA's Role: CEQA/NEPADocumentation
Established in 1984, Emergency Planning Consultants (EPC) is a Certi?ed Small Business specializing in a full range of emergency management services supporting government entities (Federal, State, Local, and Special Districts]. EPC provides all plans, training, and exercises required of a contemporary government emergency management program. EPC's Role: Emergency Planning Statement ofQualificationsfor CivilEngineering Design
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Agenda Item #12.5.
City ofClayton
City ofCoachella
City ofHawaiian Gardens
City ofHermosa Beach
City ofRancho Palos Verdes
City ofRollingHills
City ofRollingHillsEstates
City ofVernon
City ofWalnut, Mt. San Antonio
Community College District, Walnut
Valley UnifiedSchool District
Hazard Mitigation Plan
EOCTabletop Exercise
Hazard Mitigation Plan,Hazard Plan Mitigation
Hazard Mitigation Plan,Operations EOC Trainings Plan,
and Exercises, Update Operations Plan
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Hazard Mitigation Plan
Hazard Mitigation Plan
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-Emergency Management Program Comprehensive District of Education Operations Site Emergency District Plan,s, Hazard Emergency Analysis, Site EOC Siteafety Trainings, Command Assessments, Team EOC Tabletop Trainings, Exercises
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Statement ofQualificationsfor CivilEngineering Design
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15 Statement ofQualificationsfor CivilEngineering Design PragmaticExpeifisem
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Agenda Item #12.5.
I1!
RELEVANT EXPERIENCE
City of Benicia, Staff Augmentation Services (2022 — Present) - City Engineer Benicia, CA Scott Alman was appointed the City of Benicia's City Engineer by City Manager. As the City Engineer, Scott worked directly for the Public Works Director and Engineering staff. A recent notable project included East H Street sewer repair.
City of Pittsburg, Staff Augmentation Services (2022 — Present) - City Engineer Pittsburg, CA Scott Alman was appointed the City of Benicia's City Engineer by City Manager. As the City Engineer, Scott worked directly for the Public Works Director and Engineering staff. Recent notable projects included Premier Fields Soccer Complex and the Water Treatment Plant Filter Gallery Replacement.
City of Dixon, Staff Augmentation Services (2014 — Present] - Director of Utilities / City Engineer Dixon, CA
Scott Alman was appointed the City of Dixon's Director of Utilities / City Engineer by City Council action. As the Director / City Engineer, Scott worked directly for the City Manager, IimLindley, and was responsible for the City's Encroachment and Utility permit programs, Capital Improvement Program and budgets, assessment district administration and operations, pavement management, and all development review within the City. Scott attended City Council meetings as necessary and attended weekly executive staff meetings.
In addition to these City Engineer functions, Lynne Filson, P.E. was the City's contract Traf?c Engineer, responsible for signals, signage and striping of the City's street infrastructure.
City of Martinez, City Engineer Martinez, CA
Scott Alman was appointed the City of Martinez‘s City Engineer by City Council action. As the City Engineer, Scott Alman worked directly for the City Manager, Eric Figeuroa and was responsible for the City's Encroachment and Utility permit programs, Capital Improvement Program and budgets, assessment district administration and operations, pavement management, Measure M and Measure I
funds, and all development review within the City. Scott attended City Council meetings as necessary and attended weekly staff meetings at City Hall. In addition to these City Engineer functions, Lynne Filson, P.E. was the City's contract Traffic Engineer, responsible for signals, signage and striping of the City's street infrastructure.
City of Clayton, City Engineer Clayton, CA
Scott Alman was appointed the City of Clayton's City Engineer by City Council was Capital Improvement Program and budgets, assessment district administration and operations, pavement management, and all development review within the City. Scott attended City Council meetings as necessary and attended weekly staff meetings at City Hall.In addition to these City Engineer functions, Lynne Filson, P.E. was the City's contract Traf?c Engineer, responsible for signals, signage and striping of the City's street infrastructure. Cities of Clayton, Martinez, Pittsburg: Pavement Repairs (2021)Various, CA While at the Cities of Clayton and Martinez, Scott Alman suggested connecting pavement repair projects to facilitate greater contractor interest for smaller projects. The idea was well received by the City of Pittsburg. Scott's team prepared plans and speci?cations for the three city pavement repair project that reduced design costs and promoted competitive bidding.
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CERTIFICATIONS
CaliforniaCivilEngineer No.
48104
Quali?edSWPPP Developer
(Q50)
YEARSOF EXPERIENCE
39 (2 with CE&G)
B.S., CivilEngineering, California Polytechnic State University, San LuisObispo, 1984 -40-hour ACCOMPLISHMENTS HAZWOPER -8-hour Annual Refresher —CaliforniaConstruction General Permit Training —Environmenta| Remediation -Project Management Controls SC
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City of Dixon, 2020 Pavement Preservation Dixon, CA
Project Manager. Scott reviewed StreetSaver anticipated street segments and proposed treatments. Based on ?eld observations and the City's desired split between maintenance and rehabilitation, made recommendations
to the City for alternate improvements. Oversaw
preparation of plans, speci?cations and estimeate for the pavement preservation project. The project consisted of approximately 15,000 linear feet of roadway
maintenance included crack sealing, dig-outs at base
failures, slurry seals, and two-layer and three-layer
microsurfaceing treatments. Where feasible, the striping was upgraded for pedestrian, bicycle, and vehicular safety. The services provided included bid support and
design services during construction, and overseeing
project management and inspection services.
City of Martinez,
2021 Pavement Preservation Martinez, CA
Project Manager. Scott reviewed anticipated street
segments and StreetSaver proposed treatments. Street
segments were mapped and adjusted based on dessired
split between maintneance and rehabilitation as well as grouping for ease of constuction and public perception.
Based on observations and grouping strategy, made
recommendation to the City for alternate improvements.
Scott oversaw the preparation of the plans,
speci?cations and estimate package prepared for project bidding. The project consisted of46,550 linear feet of
roadway maintenance included crack sealing, dig-outs at base failures, slurry seals, two-layer and three-layer
microsurfaceing treatments, two inch and four inch
overlays, an reconstruction. Where feasible, the striping was upgraded for pedestrian, bicycle, and vehicular safety. The services provided included bid support.
City of Clayton,
2020 Pavement Preservation Project Clayton, CA
City Engineer/Project Manager. Scott reviewed
anticipated street segments and StreetSaver proposed
treatments. Based on ?eld observations, made
recommendations to the City Council for alternate
improvements. Scott oversaw the preparation of the
plans,speci?cations and estimate bid package as well as the bid and project award process through City Council.
The project consisted of 9,700 linear feet of roadway
maintenance included crack sealing, dig-outs at base
failures, slurry seals, two-layer microsurfaceing
treatments, and a four inch overlay section. Where
included construction support and construction County inspection. of Placer, Bickford Ranch Development Project Placer County, CA Project Manager/ Plan Check Engineer. Bickford Ranch is a large, up-scale, master-planned community in southern Placer County. Provided day—to-dayproject management and plan review services on behalf ofthe County.
City of Rocklin,
Whitney Oaks Development Project Rocklin, CA
Plan Check Engineer. Whitney Oaks is a large, up-scale, master-planned development.
Directly responsible for facilitation of all plan check and engineering approvals for the development on behalf of
the City.
City of Hercules,
Public Works Services Hercules, CA
Associate Engineer. Projects included multiple singlefamily development projects, two new school sites, and commercial projects such as a new fast—foodrestaurant.
Responsible for the City's Engineering and Storm Water
(NPDES)Divisions. Authored the City's original
stormwater program as a member of the Contra Costa
Clean Water Program. Managed and implemented the
stormwater program including best management
practices, funding, and annual reporting. Managed and
implemented the annual City-wide Capital Improvement
Program including the City's pavement management
program. Directly responsible for the entitlement, plan and map checking, bonding, and bond release of all
development work entitled through the City's processes.
City of Clayton,
Staff Augmentation Services (2017) Clayton, CA
Served as City Engineer reporting directly to the City
Manager. Operational responsibilities included:
management of engineering entitlements for all
development city-wide; Capital Improvement Plan and
Projects; Encroachment Permit Program; and,
implementation of city utility undergrounding districts and General Manager of the Oakhurst Geological Hazard
Abatement District (Gl~lAD].
City of Hercules — Associate Civil Engineer Hercules, CA Authored the City's initial NPDESpermit and assembled
the City's initial NPDESprogram. Hercules was one ofthe eighteen cities in Contra Costa County to band together to create the county-wide NPDES permit that has since
become the Contra Costa Clean Water Program. City's
voting member to the Contra Costa Clean Water
Program. Day-to-day operations ofthe NPDESprogram
included implementation of the annual catch basin
testing and cleaning program, Revisions to the existing Grading Ordinance to bring into compliance with the
new NPDESPermit requirements. Establishing initial
that erosion protection was properly implemented and the new Grading Ordinance was properly followed. Field inspection of erosion protection measures to determine that they were properly installed and maintained during the construction of the various development projects. Preparation ofthe City's Annual NPDES Report to the Clean Water Program and to the Regional Board.
SC
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RELEVANT EXPERIENCE
City of Clayton, Various Projects Clayton, CA
Assistant to the City Engineer. As a part of the team providing civil and traf?c engineering services to the City of Clayton, Lynne gained the praise of the Police Department with quick responses. In addressing their concern about the lack of signing at right—turn-onlylanes, she used her knowledge of the California Vehicle Code and California Manual of Uniform Traf?c Control Devices sections that state that the additional signage was not needed. In response to a citizen request regarding signal timing at an intersection on Clayton Road, Lynne went to the intersection, reviewed the timing card, made the adjustment on the controller, signed the event log, and called Contra Costa County Signal Maintenance (who provides signal maintenance to Clayton) to inform them ofthe situation.
City of Dixon, Staff Augmentation Dixon, CA
With knowledge of traf?c engineering and municipal processes, Lynne was able to "hit the road running" with staff augmentation services for the City of Dixon, who lost their Senior Engineer to Solano County. Tasks included the review of the development and CIP plans, researching and analyzing traf?c issues, and preparing staff reports to the Transportation Advisory Committee and the City Council.When their new Engineer (from out-of-state) began, she provided assistance bringing her up to speed with the City of Dixon, Solano County, and State of California standards and requirements.
City of Santa Cruz, Wharf and Depot Roundabouts Santa Cruz, CA Project Manager/ Project Engineer. At two of the City's highest-pro?le and busiest intersections, the City selected roundabouts as preferred transportation upgrades following an extensive public review process of options to improve traf?c ?ow and safety at the intersections. Lynne was responsible for taking conceptual geometric designs for the wharf and depot roundabouts and creating full construction plans, speci?cations, and cost estimates. The wharf roundabout had complexities including a railroad line running through the project, a two-directional bike lane, adjacent parking lots with driveway con?icts [including one with pay kiosks), and major unmapped drainage facilities. The depot roundabout included steep grades requiring the modi?cation of a major retaining wall and creative ADAdesign, relocation of the entry arch into the depot parking lot, and overhead utility con?icts. The Beach Area Roundabout won the Outstanding Local Streets and Roads Project from the League ofCalifornia Cities in 2016.
Shea Homes, Mountain House (San loaquin County) Mountain House, CA Traf?c Engineer/ CivilEngineer. Mountain House is a master-planned the actual design of the community. Lynne was actively involved in this step of the project and prepared a number of the tentative maps, ?nal maps, and grading and improvement plan sets for the various subdivisions. She prepared or reviewed the traf?c engineering design for all ofthe subdivisions ofthe Mountain House development. These plans included signing and striping, traf?c signals, and lighting. She also prepared timing cards for the traffic signals and provided signal turn-on support. City of Antioch, Antioch Local Hazard Mitigation Plan Antioch, CA Project Manager. The Disaster Mitigation Act (DMA)is federal legislation that establishes a pre—disaster hazard mitigation program and new requirements for the national post-disaster Hazard Mitigation Grant Program (HMGP).To comply with the legislation, many local jurisdictions and special districts partnered with Contra Costa County to prepare a County-wide plan with chapters or "Annexes" for each local agency. Lynne represented the City of Antioch in this effort and prepared the City—speci?csections of the plan. CALENGINEERING8: GEOLOGY 1 AdivisionofHaley8:Aldrich
CERTIFICATIONS
CALand Surveyor No. 7719
CACivilEngineer No. 45681
CATraf?c Engineer No. 1570
YEARSOF EXPERIENCE
36 (2 with CE&G)
(16 year in the private sector,
19 years municipal sector)
BS,CivilEngineering, University of Wyoming College of Engineering and Applied Sciences L
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Agenda Item #12.5.
Stations Casino, Thunder Valley
Casino Expansion offsite
Improvements Placer County, CA
Project Engineer. As traf?c mitigation for the expansion of the Thunder Valley Casino in Placer County, Stations Casino was required to widen a half—mileof Athens
Avenue and approximately a third of a mile Industrial
Avenue in the vicinity of the project, modify the signal at the intersection of Athens and Industrial, install two new signals on Athens Avenue at the project entrances, and
construct Thunder Valley Court. Lynne was the project
manager/ design engineer for the offsite improvements.
Plan elements included modifying railroad crossing,
drainage improvements, wetlands avoidance/mitigation,
and construction staging with high volumes of Casino
patron traf?c and Casino Expansion construction traf?c.
City of Tracy, Grant Line Road
Widening and Improvement Tracy, CA
Project Manager. At one time, Grant Line Road was a
two-lane rural road. As the City of Tracy grew,
development along the roadway was required to
construct frontage improvements consistent with a 4
lane divided (two-way left-turn lane) road. The milelong stretch between Bessie Avenue and MacArthur Drive had a wide variety of cross-sections due to the
sporadic improvements. The project widened the road to
a consistent 4 lane road with two-way left-turn lanes
transitioning into landscaped medians with left-turn
lanes at the intersections. The entire project included bike lanes, curb, gutter, 10' sidewalks, and street
lighting. Upgrades were needed to several traf?c signals and the railroad crossing. In addition, the water and
sewer lines in this stretch were very old and undersized.
Improvements to these utilities were included in the
project. As the project manager, Lynne coordinated the
various disciplines working on the project as well as the City, Southern Paci?c Railroad, the California Public
Utilities Commission, the commercial businesses,
daycares, churches, apartment managers along the
route, and the franchise utilities.
City of Antioch, Lighting and
Landscape Maintenance Districts Antioch, CA
Engineer ofWork. The City ofAntioch assesses property
owners a total of $2M to $3M each year for Lighting and Landscape Maintenance. This money is used to fund a portion ofthe Parks Division of the Public Works Department and Landscape Contractors that maintain was to prepare Engineer's Report for the various Lighting and Landscape Districts which included estimates of end of year balances, proposed budgets, determining assessments, and present ?ndings to the City Council.
City of Antioch, Wild Horse Road / Folsom Drive
Signal Installation and L Street/W, Tenth Street
Signal Modi?cation Antioch, CA
Project Manager/ Project Engineer. The new signal at the intersection ofWild Horse Road/Folsom Drive was at an
existing location near a school with high pedestrian and bicycle volumes, old curb ramps, and some
(undocumented) signal conduits. The intersection of
West 10th Street/L Street was an existing intersection
with limited right-of-way and no immediate plans for
widening. The E/Wdirections have one lane approaches
with heavy left-turn traf?c. The modi?cation was to add permissive/ protective phasing in the peak directions
based on time of day. As the design engineer ofthe twointersection project, Lynne conducted ?eld reconnaissance, prepared the conceptual design, PS&E,
bid coordination, contract management, signal timing,
and project closeout.
City of Cupertino, Signal Designs
for the Apple “Space Ship"
Headquarters Cupertino, CA
Traf?c Engineer/ Signal Designer. As a sub-consultant to the Civil Engineer for the new Apple Headquarters,
Lynne was the signal designer for two City of Cupertino signal modi?cations, two signals in the tunnels leading into the underground parking structure, two signals in
the underground parking structure, and two signals on
the access road to the exterior parking lot. At many of these locations, the signals were located on the only way into or out of the underground parking structure——it was critical to minimize the potential for a collision.
Since the ceiling in the tunnel and parking structure were low and concrete walls were blocking the sight distance of conflicting traf?c, she felt it was essential to "over-design" the signals by providing near and far side signal indication for each lane. The project had some other interesting quirks, such as no logical location for signal controllers (Lynne was ?nally able to convince the architect that it would not work without them), no place to put poles [all heads attached to the ceiling), and
providing video surveillance to the security of?ce.
City of Clayton, 2020 Pavement
Preventative Maintenance Project Clayton, CA
Project Engineer. Lynne reviewed anticipated street
segments and StreetSaver proposed treatments. Based
on observations, recommendations were made to the
City for alternate improvements. Lynne prepared the
consisted of 9,700 linear feet of roadway maintenance included crack sealing, dig-outs at base failures, slurry seals, two-layer microsurfaceing treatments, and a four inch overlay section. Where feasible, the striping was upgraded for pedestrian, bicycle, and vehicular safety. The services provided included bid support.
LENGINEER TRAFFIC/CIVIL L
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RELEVANT EXPERIENCE
Currently Mr. Mochizuki is a forensic structural and civil engineer designated as an expert on several projects representing Plaintiffs, Developers, General contractors, Sub-contractors and Insurance Companies. Notable projects include: Levi Stadium, San Francisco Transbay Terminal, Los Angeles Mission Community College, South San Francisco Uni?ed School District, University of California, Santa Cruz. His charges include testing the effects of extended periods of wood wetting on the strength of manufactured wood products, observing and reviewing tests of high strength wood shear walls and reviewing changes to the load capacity tables. He also is a subject matter expert in Earthquake Engineering for the Federal Emergency Management Agency (FEMA)and he teaches the Structural Timber design course at the University of California at Berkeley.
Most Recently, Mr. Mochizuki has been developing new wood and steel lateral force resisting systems. Included in his duties was the review of existing and proposed systems worldwide, as well as proposing new systems, performing ?nite element non—linearanalyses and testing of the systems, and developing design procedures. He also helped construct, observed and reviewed the recent shake table testing of the full scale 4 story soft story building retro?tted with CLT panels and the full scale 2-story CLTbuilding for the NHERI Tall Wood Project and he also was a member of several wood committees, code task groups, and publication review panels.
Prior to the most recent experience, Mr. Mochizuki had more than thirty years of experience in the analysis, design, evaluation, and design review of various types of structures. He has designed wood framed, structural steel, reinforced concrete, post-tensioned concrete and masonry buildings for industrial, commercial and residential projects as well as reinforced concrete bridges.
Among the projects he has been in responsible charge ofare: the design of several 150-unit wood frame hotels; several wood frame shopping centers up to 15,000 square feet; several houses up to 9000 square feet; wood frame apartment complexes up to 110 units; post-tensioned concrete garage slabs up to 30,000 square feet supporting three stories ofwood framed apartments; 15,000 square feet reinforced concrete garage slab supporting four stories of wood framed apartments; and steel and wood framed of?ce buildings up to 18,000 square feet.
Mr. Mochizuki is also quite knowledgeable in earthquake engineering and the seismic renovation of buildings and bridges. He has analyzed large reinforced concrete and structural steel buildings. He also has designed seismic renovations for unreinforced masonry buildings; steel naval facilities; repairs for wood framed houses. He has also analyzed and designed seismic retro?ts for existing concrete bridges, houses, and apartment buildings. In addition, Mr. Mochizuki has performed earthquake or foundation movement damage assessments on hundreds of residences and small commercial buildings. Mr. Mochizuki has also been retained as an expert witness in Structural Engineering including nearly a dozen single-family residence projects, a commercial-retail building project, a 31 unit and a 63-unit condominium project, a 132-unit apartment complex project, and a massive complex steel framed bus terminal. He has also served on the Structural Advisory Committee for the City and County of San Francisco for the structural review of a proposed 101—unit apartment complex. Mr. Mochizuki was also a member of the Task Group to Recommend Changes to the Structural Damage Repair portion ofthe 2007 San Francisco Building Code.
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CERTIFICATIONS
Structural Engineer, CAS3164
CivilEngineer, CAC30684
LEEDAP, 2009
YEARSOF EXPERIENCE
46 (1 with CE&G/H&A)
EDUCATION
M.S. Structural Engineering,
University of California at
B.S.CivilEngineering, University of California at Berkeley, 1976 American PROFESSIONAL AFFILIATIONS Institute of Steel Construction (AISC) American Society of Civil Engineers (ASCE) American Plywood Association (APA) Applied Technology Council (ATC) American Wood Council (AWC) Natural Hazards En ineering Research Infrastructure (NHERI) PacificEarthquake Engineering Research Center (PEER) Structural Engineers Association of California (SEAOC) Structural Engineers Association of Northern California (SEAONC) G
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Mr. Mochizuki is also quite knowledgeable in earthquake engineering and the seismic renovation of buildings and bridges. He has analyzed large reinforced concrete and
structural steel buildings. He also has designed seismic renovations for unreinforced masonry buildings; steel
naval facilities; reinforced concrete hospital buildings; and wood framed buildings. Mr. Mochizuki has designed
several foundation repairs and earthquake damage
repairs for wood framed houses. He has also analyzed
and designed seismic retro?ts for existing concrete
bridges, houses, and apartment buildings. In addition,
Mr. Mochizuki has performed earthquake or foundation
movement damage assessments on hundreds of
residences and small commercial buildings.
Mr. Mochizuki has also been retained as an expert
witness in Structural Engineering including nearly a dozen single-family residence projects, a commercialretail building project, a 31 unit and a 63-unit condominium project, a 132-unit apartment complex
project, and a massive complex steel framed bus
terminal. He has also served on the Structural Advisory Committee for the City and County of San Francisco for
the structural review of a proposed 101-unit apartment
complex. Mr. Mochizuki was also a member ofthe Task
Group to Recommend Changes to the Structural Damage
Repair portion of the 2007 San Francisco Building Code.
Mr. Mochizuki is a past member of the board of directors of the Structural Engineers Society of Northern
California (SEAONC)and is a past chairman of SEAONC's
Seismology Committee and he is also currently the
chairman of the Structural Engineers of California
(SEAOC)Seismology wood frame—subcommittee where
he made recommendations to the San Francisco
Department of Building Inspection (SFDBI)for their
Administrative Bulletin for Continuous Rod Tiedowns
for tall wood framed shear wall buildings. Mr.
Mochizuki's involvement includes the evaluation, and
revision to the seismic provisions of various building
codes including the International Building Code, and the rewriting of the SEAOCRecommended Lateral Force
Requirements. Mr. Mochizuki's charges also include the
monitoring of on-going tests throughout the nation of
wood and cold formed steel lateral force resisting
elements.
Mr. Mochizuki acted as the SEAOCrepresentative on the
advisory committee for the Consortium of Universities
for Research in Earthquake Engineering [CUREe)wood
frame testing program and acted as a peer reviewer for
the lateral load design and special consultant during
construction for the Network for Earthquake
Engineering Simulation (NEES)Wood Project 6 story
wood framed Capstone Building. He was the lead
consultant for the seismic design of the full-scale
earthquake testing ofthe NEES soft story wood frame
buildings. Mr. Mochizuki was also a member of FEMA's
Building Seismic Safety Council Wood Sub—Committee
with the task of updating the National Earthquake
Hazards Reduction Program Seismic Recommendations
and the American Society of Civil Engineer's ASCE 41-13 and 41-23 Seismic Rehabilitation of Existing Buildings.
As a member of the Earthquake Engineering Research
Institute (EERI],Mr. Mochizuki has participated in the
walk-by surveys to identify the soft story buildings in San Francisco and Berkeley, CAand the unreinforced
concrete moment frame buildings in San Francisco, CA,
and has investigated the damage immediately following
the Napa 2014 earthquake.
Mr. Mochizuki teaches the timber design course in the
Structural Engineering Division at the University of
California at Berkeley and was an instructor for the
review class for the State of California Structural
Engineering Exam.
Publications:
Pryor, Montague, Ding, Mochizuki, "Detailing for
Increased Capacity of Tension-Only Steel Anchor Rods
Embedded in Elevated Concrete Slabs," 2016 SEAOC
Convention, October 2016
Van de Lindt, Bahmani, Mochizuki, Iqbal, et. al.,
"Observed Performance of Soft—StoryWoodframe
Building Retro?tted with CLT Rocking Walls," 14th
World Conference on Timber Engineering [WCTE),
August 2014
Bahmani, van de Lindt, Mochizuki, Pryor, et. Al.,
"Experimental Seismic Collapse Study of a Full-Scale, 4- Story, Soft—Story,Wood-Frame Building," journal of
Architectural Engineering, ASCE,2014.
Van de Lindt, Bahmani, Mochizuki, Rammer, et. al.,
"Experimental Seismic Behavior of a Full-Scale FourStory Soft-Story Wood-Frame Building with Retro?ts. II:
Engineering, ASCE,December 2014. Jennings, van de Lindt, Ershad, Mochizuki, et. al., "Retro?t of a soft-story woodframe building using SMA devices with full-scale hybrid test veri?cation," Engineering Structures, journal of Engineering Structures, September 2014.
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|1|
RELEVANT EXPERIENCE
Tuolumne Storm Damage Road Repairs Tuolumne Co., CA
Principal-in—Chargefor emergency storm damage repair projects under an on- call contract with Tuolumne County. The project consisted ofstabilizing Buchanan Lane, Italian Bar Road, and Marshes Flat Road using gabion baskets, Hil?ker retaining walls, and a reinforced concrete retaining walls with ground anchors and soil nails. The project also included periodic UAS?ights to evaluate the extent of the damage and to monitor construction progress the installation of rock fall netting on the upslope side of Marshes Flat Road. Mr.
I-lockettmanaged civil design, provided technical review, and supervised construction management services.
Ri?e Range Road Stabilization Richmond, CA
Lead Civil and Geotechnical Engineer for the City of Richmond provided geotechnical engineering and structural design services for a roadway a landslide had destabilized and caused the loss of pavement on the downslope of the roadway. Geotechnical analyses, foundation reports, and PS&E.
Crothers Road Stabilization Feasibility Study San Iosé, CA Project manager and lead engineer for the study of a geotechnical evaluation for reopening an approximately 300-foot long section of Crothers Road that traverses an active landslide mass. Conducted slope stability analyses for evaluating the stability of current slope configuration and four proposed landslide stabilization design alternatives. Completed constructability evaluation of proposed stabilization design alternatives and prepared preliminary cost estimates for feasible design alternatives.
Emergency Response - Roadways Alameda Co., GA
Project Manager under an on-call contract with Alameda County for seven emergency site assessments after the 2016-2017 storms. The damage included: two debris flows on Kilkare Road, rockfall on Palomares Road, a sinkhole on Palomares Road, a landslide on Koopman Road, and creek bank erosion adjacent to Foothill Road and Palomares Road. CE&Gprepared a site assessment report for each site. Each site assessment report included discussing the cause of the damage, emergency opening and permanent restoration recommendations, and conceptual plans and estimates. These reports assisted the County in obtaining FEMAfunding.
Delta De Anza Trail Concord, CA
Project Engineer for geotechnical study and report designing a new 3,860-foot long trail section with a city park and along the top ofa USACEcerti?ed levee for East Bay Regional Park District. The geotechnical investigation included of 10 testing, mapping, and
Alameda Point Bay Trail Alameda, CA Provided geotechnical engineering and pavement design services to the East Bay Regional Park District to develop a 2,500 foot long Alameda Point segment of the Bay Trail. Provided geotechnical engineering assessments of existing conditions and made recommendations for pavement structural sections for the new portion ofthe Bay Trail between Alameda Park and the old marina located east ofthe intersection ofWest Hornet Avenue and Ferry Point in Alameda, California.
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Ca CivilEngineer No. 71938
Ca Geotechnical Engineer
No. 2928
YEARSOF EXPERIENCE
17 (17 with CE&G)
EDUCATION
M.S., CivilEngineering, San
Jose State University, 2008
State University, San LuisObispo, 2004 ACCOMPLISH ENTS
- Preparation of plans, speci?cations, and engineer's estimates for public works projects — Development of geotechnical data and design reports and PS&Efor trenchless pipelines — Caltransfoundation design reports for bridges —Three—dimensionalmodeling of roadway corridors, retaining walls, and earthwork operations — Invited lecturer to teach Alameda County staff CE&G's floodwall design process - Geogrid-reinforced earth embankments and segmental retaining wall designs embankments and segmental retaining wall designs.
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Mountain View Pavement Mountain View, CA
Completed design services for geologic and geotechnical subsurface exploration and pavement design for
pavement rehabilitation projects along three city streets.
Reconstruction of the existing curbs, gutters, and asphalt pavement along segments of the three streets.
Claremont Avenue Slope Stabilization Oakland, CA
Provided civil and geotechnical design services to
stabilize Claremont Avenue after two landslides
occurred below the roadway. The repair consisted of
cast-in-drilled—holeconcrete stabilization piles
connected at the top with a concrete pile cap and curb.
Power Avenue and California Avenue Pittsburg, CA
Completed a geotechnical exploration and report for the overlay and reconstruction of portions of Power Avenue
and California Avenue. Subsurface exploration and
recommendations for the design and construction of the
fast—trackedpavement rehabilitation project.
Pleasant Hill Road Cut Slope Stabilization Lafayette,
CA
Project Engineer for the embankment stabilization
project constructed above the west side of Pleasant Hill Road north of Rancho View Road in Lafayette, California.
Site visits and calculations, plans, and speci?cations for a soldier pile and wood lagging retaining wall constructed as part of this project.
St. Mary's Road Landslide Repair Lafayette, CA
Project Engineer for landslide repair project below St; Mary's road. Completed a geotechnical investigation,
prepared calculations, and developed plans,
speci?cations, and an engineer's estimate to stabilize the slope below the roadway. The repair consisted ofa 6-
foot tall soldier pile and wood lagging retaining wall
with a 24 foot tall 1.8SH:1V (horizontal: vertical)
geogrid-reinforced embankment above to back?ll the
zone depletion left by the landslide. Construction
administration services provided.
Vasco Road Safety Improvements Livermore, CA
Project Engineer for geotechnical design services
provided to Alameda County Public Works Agency for
realignment of approximately 3/4 mile of major
roadway between eastern Alameda and Contra Costa
counties. Design ofa 36-foot tall geogrid reinforced
segmental block retaining wall and several reinforced
soil slopes and preparation ofspeci?cations and
Lead Engineer developed plans, speci?cations, and onstruction cost estimate to stabilize Tunnel Road. A debris ?ow removed the upper two to three feet of residual soil mantle on the face of the embankment supporting the roadway. Designed a soldier pile and wood lagging retaining wall as part of the stabilization project for the City of Oakland.
Bailey Road Embankment Stabilization Pittsburg, CA
Project Engineer and Lead Designer to stabilize the
embankment below the northbound lane of Bailey Road
adjacent to Lawlor Creek in Pittsburg, California. This project was a privately funded job in cooperation with
Contra Costa County. Stabilized the embankment with a
steel beam and wood lagging retaining wall with tieback anchors, constructed the cast-in-place concrete piles in two shorter pieces with a steel spiral cage and the steel beam in the upper portion due to overhead power line
constraints.
San Francisco Bay Trail
— George Miller Trail Port Costa to Martinez, CA
Project Manager for geotechnical investigation, geologic mapping, value engineering, and Caltrans geotechnical
design and materials report constructing a 1.7-mile
segment of the San Francisco Bay Trail. Subconsultant on behalf of the East Bay Regional Parks District. The geotechnical investigation included 47 borings using
hollow stem auger and wireline rock coring techniques.
Completed environmental sampling in one boring near a known plume ofcontaminants from an abandoned Navy fueling facility. Included over 40 remedial stabilization measures in areas of embankment creep, landslides, and upslope raveling consisting ofsoldier pile and wood
lagging retaining walls, debris walls, stabilization piles, and geogrid-reinforced subgrade.
Petersen Road Suisun City, CA
Project Manager and Lead Engineer conducted
geotechnical explorations and reconstruction along
Petersen Road for the County of Solano. Reconstructed
the asphalt concrete pavement and widening the
roadway by approximately 20 feet. Full-depth
reclamation (FDR) of the existing roadway to
reconstruct the new road. Enabled the recycling of 100
percent of the existing asphalt concrete and road base
material to create a stabilized base material topped with hot mix asphalt.
Google San Francisco Bay Trail
Resurfacing Sunnyvale, CA
Completed geotechnical explorations and laboratory
testing, along with construction observations and
testing, along the San Francisco Bay Trail between
Crittenden Avenue and Highway 237 in Mountain View
and Sunnyvale. Site reconnaissance, ?eld explorations,
12 shallow hand-dug test holes, a laboratory testing
aspects of the project Resurfaced approximately 6 miles of the trail, which was situated on top of levees and surfaced with gravel. The trail was resurfaced with an additional aggregate base as required to support vehicular and PG&E traf?c and then capped with a smooth aggregate wearing course consisting of stabilized quarry ?nes. Performed materials tests in general conformance with Caltrans Test 301.
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RELEVANT EXPERIENCE
Lake Herman Spillway Analysis and Downstream Impacts Bencia, CA Benicia has requested that CE&Gprepare volumetric ?ow estimates to determine the stage capacity of the existing concrete spillway for Lake Herman, and to further estimate the potential downstream effects of this spillway ?ow. While a dam break study has previously been completed by others, it is currently not clear if the normal spillway discharge impacts have been recently evaluated. CE&Gwill complete the spillway hydraulic study to determine peak discharge along with depth and velocity of the discharge.
Thereafter, the hydraulic study will use this peak stage discharge data to develop normal inundation limits and evaluate potential impacts to the infrastructure located downstream of the spillway. The project consists of two tasks: Task 1 — Hydrology and Hydraulics Study — Weir Peak Stage Discharge and Spillway Capacity Evaluation; and Task 2 — Inundation Mapping and Preliminary Hazard Classi?cation.
Rudgear Drive Retaining Wall Replacement Walnut Creek, CA Lead Design and Construction Manager, on behalf of the City of Walnut Creek, to replace a failing retaining wall with a soldier pile retaining wall with tieback anchors to stabilize a private property affected by a previous landslide in Walnut Creek, California. Work included reviewing published geotechnical data, geotechnical anlaysis and design, pre-construction meeting coordination, periodic site inspection and testing required during construction, materials submittal review and approval, providing RFI responses to contractor and coordination ofa project closeout meeting.
Scenic Drive Repair and Reconstruction Project La Honda, CA Provided civil and geotechnical design services to stabilize Scenic Drive after alandslide occurred in 2017 that closed portions of Scenic Drive in La Honda, California. The repair consisted of major grading, soldier pile with tieback anchors retaining walls, segmental block retaining walls, drainage improvements, and road reconstruction. Work included civil and geotechnical engineering design and preparation of PS&E.
Levee Protection Planning and lmprovementsFoster City. CA Provided construction management services, as subconsultants, to the City of Foster City for the levee protection planning and improvements project started in 2020. Work included periodic site visits and documentation of progress, supplemental constructability review, assistance with coordination of general contractor, and subcontractors, review ?eld test results and protocols, and assisting UASteam with scheduling and periodic drone ?yovers.
Provided geotechnical engineering design for the replacement of a failing retaining wall and drainage improvements required on a private property located in MillValley, California. Services included hydraulic and structural design, preparation of construction documents, and assistance during the project approval processes. Phase 1 and 2 Flood Channel Repairs Dublin & Pleasanton, CA Provided construction management services to the Zone 7 Water Agency for Phases 1 and 2 repairs to 45 channel bank failures that resulted from the 2016-2017 storms. Services include daily observations and documentation of progress, assistance with coordination of Zone 7 staff, general contractor, and subcontractors, coordinate weekly meetings in CM's absence, review ?eld test results and protocols, and assisting UASteam with scheduling and periodic drone ?yovers. The awarded construction contracts were approximately $7 million. The two phases were completed in 2018 and 2019.
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CACivilEngineer No. 90204
Certified Commercial 107
UAS Pilot No. 4224500
YEARSOF EXPERIENCE
7 (4 with CE&G)
EDUCATION
Monterrey Institute of Technology and Higher Education, 2014 -Pro?ciency ACCOMPLISHMENTS with engineering design softwares including Autocad, Civil3D, Microstation, and Geopak —Oneyear of experience as a Surveyor Technician -Geotechnical Construction Management experience with CE&G -8-hour Con?ned Spaces Training R
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DSRSD Investigation of WWTP Basin 2 Distress
Provided geotechnical engineering services related to
failing concrete slabs located on Holding Basin 2 as part of the Dublin-San Ramon Services District Waste Water
Treatment Plant in Pleasanton, California. Services
included reviewing existing data, ?eld mapping and
classi?cation of concrete distresses, and the preparation of a summary investigation memorandum presenting
short and long-term repair measures with
recommended repair limits.
DSRSD Reservoir Access Roads Pavement Services
Provided pavement engineering services for highly
distressed access roads to the Dublin-San Ramon
Services District. Services included reviewing existing data, pavement distresses classi?cation, and providing
different repair alternatives together with cost-bene?t analyses for each road.
Tuolumne County Road
Storm Damage Repairs Tuolumne County, CA
Providing civil and construction management services in support of Buchanan Lane, Italian Bar Road, and
Marshes Flat Road Repairs as part of an on-call contract with Tuolumne County. Staff Engineer assisting Principal Engineers with technical review services, FEMAgrant
funding assistance, and construction administration
services.
Arroyo De La Laguna Embankment
Stabilization Pleasanton, CA
Providing construction Provided construction
management services to the Zone 7 Water Agency for an
embankment stabilization project that resulted from the 2016-2017 storms. Services include daily observations
and documentation of progress, assistance with
coordination of Zone 7 staff, general contractor, and
subcontractors, coordinate weekly meetings in CM’s
absence, and review ?eld test results and protocols. The project was completed in October 2017.management
services to the Zone 7 Water Agency for an embankment
stabilization project that resulted from the 2016-2017
storms. Daily observations and documentation of
progress, assistance with coordination of Zone 7 staff, general contractor, and subcontractors, coordinated
weekly meetings in CM's absence, and review ?eld test
results and protocols. The project was completed in
October 2017.
Dublin Crossing Construction
ofDublin during the construction of the water distribution system of the Dublin Crossing Subdivision. Services include full—timeobservations during RCP pouring and documentation of progress, assistance with coordination of City of Dublin staff, general contractor, and subcontractors and review ?eld test results and protocols.
Zdilezfshitte Clhnnel Improvements Fremont, CA
Provided civil and geotechnical design services for the channel widenning improvements between I-880 and
Cushing Parkway in Fremont, California. The
improvements consisted of ?oodwalls with varying
con?gurations, existing levee degrade, multiple pipe
penetration and construction of maintenance bridges
and access roads. Work included collecting published
geotechnical data, retaining walls design, and
preparation of PS&E.
San Ramon, CA
Park Avenue Embankment Repairs Capitola, CA
Lead Constrution Manager, on behalfot he City of
Capitola, the project consisted of the construction of a geogrid reinforced slope and reconstruction of outer and bike lanes below Park Avenue in the City of Capitola,
California. The damage was caused by a storm in
February of 2017 and it extended for approximately
1200 feet. Tasks included preparation and management
of construction documents in accordance with the
Caltrans LAPM,conducting a pre-construction meeting,
periodic site inspection, overseeing and reviewing
results of all the testing compiled by others, materials submittal review and approval, providing RFI responses
to contractor, progress payment reports review, and
preparation of project closeout binder.
Slope Stabilization Project
at 796 and 802 Cary Drive San Leandro, CA
Lead Construction Manager, on behalf of Alameda
County, constructed a soldier pile retaining wall with
tieback anchors to stabilize two private yards affected by a previous landslide in San Leandro, California. Obtained all the permits needed for the project, a pre-construction meeting coordination, periodic site inspection and
testing required during construction, materials
submittal review and approval, providing RFI responses
to contractor, progress payment reports review, and
coordination of a project closeout meeting.
Anderson Reservoir
Rim Documentation Morgan Hill, CA
Provided on-site observations and documentation of the
evolution of scarps and cracks along areas previously
identi?ed as active landslide areas during the process of emptying the reservoir for major improvements to the
dam. Work included periodic site visits where scarps &
cracks were measured to be compared and geospacial
Golden Gate Bridge Toll Gantry San Francisco, CA Provided civil and geotechnical design services related to design and construction of a new AllElectomic Tolling [AET)toll gantry structure for the Golden Gate Bridge Highway and Transportation District. Work included collecting published geotechnical data, pavement design, and providing construction recommendations.
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CarolynI.Harshman, MPA, CEM
3665 Ethan Allen Avenue
San Diego,CA 92117
Telephone:(858) 922-6964
Fax: (858) 483-2862
E—Mail:
Web:
CAROLYN].HARSHMAN,MPA, CEM
E D U C A T I O N
MASTEROF PUBLICADMINISTRATION,SANDIEGOSTATEUNIVERSITY,1977 BACHELOROF ARTS,PSYCHOLOGY,SANDIEGOSTATEUNIVERSITY,1974
CERTIFICATION
Certified Emergency Manager (CEM),International Association of Emergency Managers
E X P E R I E N C E
President (1984to Present), Emergency Planning Consultants, San Diego, California. Consulting contracts include the Federal Emergency Management Agency (subject matter expert/ trainer), U.S.
Department of Homeland Security — FEMA (training development and delivery); U.S. Department of Defense - Center for Excellence in Disaster Management & Humanitarian Assistance (training); National Disaster Preparedness Training Center (recovery course developer and faculty);State of Hawaii (training and exercises); State of California (Multi-Hazard Functional Plan template); State of New Hampshire (emergency operations plan/ standard operating procedures and guidelines); State of Indiana (grant administration, local CEMP courses, project management tools, and development of county CEMP & hazard analysis documents); State of Missouri (HSEEPagroterrorism functional exercise, HSEEP regional WMD exercises); State of Wyoming (training and exercises); State of Nebraska (training and exercises); County of Los Angeles (all-hazard mitigation plan); County of San Diego (multi-hazard functional plan); County of San Bernardino (training and exercises); City of Long Beach (hazard mitigation plan, emergency operations plan); City of Anaheim (hazard mitigation plan); City of Oakland (catastrophic plans); City of Carlsbad (comprehensive program of plans, training, and exercises); City of Chula Vista (pre—disasterrecovery & reconstruction plan); City of Bell?ower (hazard mitigation plan, emergency operations plans, general plan safety element); City of Upland (comprehensive program of plans, training, and exercises); City of Rancho Cucamonga (comprehensive program of plans, training, and exercises); City of RanchoPalos Verdes (comprehensive program of plans, training, and exercises); City of Santa Ana (emergency operations plan); City of Buena Park (hazard mitigation plan, emergency operations plans); Los Angeles Unified School District (hazard program of plans, training, and exercises); Chula Vista Elementary School District (comprehensive program of plans, training, and exercises); Hawaii Department of Education (REMS grant writing, consulting); Southwestern Community College District (comprehensive program of plans, training, and exercises); Los Angeles County Metropolitan Transportation Authority (hazard mitigation plan); Antelope Valley Transit Authority (comprehensive program of plans, training, and exercises) and numerous other local governments, school districts, and other government organizations. Training services have included California SEMS Introduction and EOC courses; ICS 100, 200, 300, 400, 402, 800; NIMS 700; and a wide variety of FEMA courses. Faculty (1984to Present), National University, 1-"EMA’sEmergency Management Institute, University ofHawaii, San Diego State University, Cal Poly San Luis Obispo, California State Fire Marshal, CaliforniaSpecialized Training Institute. eg
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Senior Projects Manager (1995 to 1996), Southeastern Economic Development Corporation, San Diego, California. Management of Projects & Development Division for City of San Diego's Redevelopment Agency.
Director of Training & Development (1987to 1995), City ofSan Diego, San Diego, California.
Management of organizational effectiveness and training programs for City Planning Department and the Building Inspection Department.
City Planner (1985 to 1987), City ofSan Diego Planning Department, San Diego, California.
Operations Officer (1982 to 1985), County ofSan Diego O?ice ofDisaster Preparedness, San Diego, California. Project Manager on County's Emergency Operations Plan, Hazard Analysis, Dam Evacuation Plans, Drought Plan, and Damage Assessment Process. Public Information Officer and Exercise Officer. Operational responsibilities included Emergency Operations Center activations.
Regional Land Use Planner (1977 to 1982), County ofSan Diego Department ofPlanning and Land Use, San Diego, California.
SPECIAL RECOGNITION
National StormReady Board, U.S. National Weather Service, Member, 2008-2018 FEMA Emergency Management Institute
Advisory Group on Emergency Planning, 2005-present
National Emergency Management Executive Academy, First Cohort, 2013 Vanguard Fellowship Executive Crisis Leadership Program, First Cohort, 2022 International Association of Emergency Managers (IAEM), Member, 1996-present IAEM-USA Immediate Past President 2022-2023
IAEM-USA First Vice President 2020-2021
IAEM-USA Second Vice President 2019-2020
IAEM-USA Region 9 President 2015-2019
Speaker, 2012 Annual Conference
Topic: Recovery£9’Reconstruction Planning — Avoidingthe Rush to Noimalcy Speaker, 2016 Annual Conference
Topic: DemystifyingPre-Disaster RecoveryPlanning
Speaker, 2017 Annual Conference
Topic: ForceMultiplier
— EnlistingPropertyOwners in Hazard Mitigation
You or at Game Speaker, 2022 Annual Conference Topic: CodeofEthics and CodeofProfessional Standards California Emergency Services Association (CESA), Member, 2000-present Webinar Speaker, March 2015 Topic: Optimizing Opportunities for Mitigation Speaker, October 2015 Topic: DemystifyingPre-Disaster RecoveryPlanning Speaker, 2018 Annual Conference Topic: I/VillYou Win or Loseat the Game ofDebrisManagement? National Hazard Mitigation Association (NHMA), Member, 2012-present Agenda Item #12.5.
Experience Summary
Dr. Faisst has more than 47 years of diverse experience as project director, project manager and project engineer in the planning, design and construction of water and recycled water supply, treatment and distribution facilities; numerous effluent outfalls; and wastewater collection, pumping and treatment facilitie His potable water experience ranges from planning through design, construction support and operations consultation. He has assisted the City of Vallejo with master planning for the City and the Lakes systems, specific—area planning, and design including the Jameson Canyon Pump Station Water Quality, Water Treatment and Water Supply Distribution Studies and Designs
Rate Studies
Assignment
Senior Water Quality Engineer
Education
Ph.D., Environmental Engineering
Science, California Institute of
Technology, 1976
M.S., Environmental Engineering
Science, California institute of
Technology, 1972
B.S., CivilEngineering, University
of California-Davis, 1971
Registration
Professional Engineer, Civil,
California, No. 29146, 1978
Professional Engineer, Nevada,
No. 7082, 1985
Experience
47 years
Relevant Expertise
- Water system planning
- Water facilities design
- Water and wastewater
treatment planning and design
- Recycled water facilities
planning and design
- Effluent outfall planning and
Collection system design
0 Stormwater facilities planning - Water quality monitoring and assessments - Construction assistance for water and wastewater projects 0 Expert report preparation and litigation support
Soulajule Reservoir Release Re-aeration, Marin Municipal Water District, California
Project Director. The District's 10,000—acrefoot reservoir must release water to maintain downstream salmonid habitat. During the summer, the reservoir's hypolimnion becomes anoxic, making the release potentially toxic. The project team evaluated an array of technologies to aerate the release water, and selected a Howell-Bunger valve as the lowest-cost and easiest-to-implement technology. Design is underway. Billled brainstorming for release aeration alternatives, participated in meetings with City representatives and reviewed progress submittals.
Soulajule Reservoir Water Management Plan Study, Marin Municipal Water District, California
Senior Technical Adviser. Billhas provided technical review and feedback as MMWDdevelops its water management plan for Soulajule Reservoir as required by the San Francisco Bay Regional Water Quality Control Board. The team is carrying out terrestrial soil sampling around known and suspected former mercury mine sites and in Arroyo Sausal downstream of the reservoir, to determine if erosion control measures are needed to contain mercury in runoff. We also are refining estimated sizing for a hypolimnetic oxygenation system using water quality data assembled over the last 2 years.
Water System Upgrades Final Design, The Sea Ranch Water Company (TSRWC), California
Principal-in-Charge. Billis overseeing this project, which willimprove the reliability and capacity of TSRWC's water storage and distribution systems. The storage tank, 400-gpm booster pump station (BPS) and small hydropneumatic BPS. Sheila Tank Replacement, North Coast County Water District, Senior California Technical Adviser. Bill provided technical oversight and review for a project to replace a 19505 O.1—MGredwood water tank with a partially-buried 0.6-MG prestressed water tank (AWWA/ANSID110 Type 1). The site is a steep hillside that complicated tank siting and site configuration.
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Billhas conducted multiple rate studies for the following municipalities:
- City of American Canyon
City of Petaluma
City of Pittsburg
City of Daly City
City of Antioch (with multiple updates)
- City of San Bruno
- City of Salinas (Industrial Waste
System)
Water System Master Plan Update, City of Petaluma, California Project Manager. Billdeveloped a draft update to the City's water master plan, which included demand projections, hydraulic analyses with updated KYPIPEmodel, existing facilities and groundwater resources evaluation, and capital improvement program development. He also prepared a pilot GIS program for City infrastructure.
Napa Salt Marsh Restoration Project, U.S. Army Corps of Engineers San Francisco District, California
Principal-in-Charge. Billoversaw the development of a preliminary design and cost estimate to restore the Napa Salt Marsh. The marsh consists of 10,000 acres of evaporation ponds near the mouth of the Napa River that were acquired by the State of California from the Cargill Salt Company. Billprepared a preliminary cost estimate of water control structures associated with pond salinity reduction alternatives within four weeks of project initiation. Worked considered BCDCand US Army Corps of Engineers permitting.
Design/Build Procurement of Water Quality Monitoring Station, Pacific Gas & Electric Company, Geysers Geothermal Field, Lake County, California
Project Manager. Billdeveloped conceptual designs for an automated water quality monitoring station, prepared design/build procurement documents for an automated water quality monitoring station in the Geysers, solicited contractor bids and engaged contractor for construction, and consolidated permitting and organized helicopter airlift delivery of equipment.
Water Distribution System Design, City of Petaluma, California Project Director. Billdesigned two treated water reservoirs (1 mg and 2 mg), two booster pumping stations and new water mains (32,000 feet of 16-inch diameter).
Booster Station Design, Oakmont area Santa Rosa, California Project Engineer. Bill completed the conceptual design of a hydropneumatic booster pumping station for Oakmont and Santa Rosa.
Streaming Current Analyzer Installation, City of American Canyon, California Project Manager. Billdesigned a streaming current analyzer and alarm system for coagulant control at water Recycled Water Pipeline and Treatment Plant Improvements, Napa Sanitation District, California Project Manager. Bill identified end users for recycled water and assessed demands. He supervised the evaluation and selection of alignments, carried out CYBERNETmodeling of recycled water system, designed 30,000 feet of 12-inch—to 24-inch-diameter pipelines, and helped the District evaluate the Soscol Wastewater Recycling Facility. Work included examining process alternatives; reviewing blosolids systems; surveying sludge accumulation in oxidation ponds and evaluating disposal alternatives; completing an energy study with recommendations for improving cogeneration system —particularly controls and gas management; and evaluating the effluent storage and pumping system. Creative solutions to a number of existing problems pointed to significant cost-saving alternatives. Recycled Water System Planning, City of Petaluma, California Project Manager. Billprepared extensive planning for, and analysis of, water recycling for the City, which included end—user identification, demand evaluation, alternative pipeline route definition and comparison, William K. Faisst Consulting Engineer, Inc. 2 4/15/2023 Faisst, Ph.D. William PEK. Agenda Item #12.5.
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Energy Efficiency Evaluation, City of Santa Cruz, Califor nia Project Manager. Billdirected an energy efficiency study for Facility tWater Pollution that Citontrol y's
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Agenda Item #12.5.
Geoff Reilly is a Senior Environmental Planner at WRA, Inc. He has 30 years of experience in the preparation and management of environmental review documents pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), Caltrans Local Assistance, California Office of Emergency Services, and the State Environmental Review Process (SERP) for the State Water Resources Control Board's Clean Water State Revolving Fund (CWSRF) Program. He has a broad knowledge of environmental and regulatory issues that affect land development and has successfully managed the environmental review process for many complex and controversial projects. He has acted both as project manager and principal writer for a wide variety of projects, including residential subdivisions, commercial retail and office developments, mixed-use projects, institutions, trails and recreational amenities, industrial facilities, solar, bridge replacements, and roadway improvements.
Geoff has supervised the preparation of all types of CEQAand NEPA documents for both public and private sector clients, including initial studies, mitigated negative declarations, environmental assessments, EIRs, Elss, categorical exemptions and exclusions, constraints analyses, technical background reports, expert witness testimony, and third-party review. He also has prepared many Program EIRs for Master Plans, Specific Plans and General Plan Updates throughout California. His responsibilities include marketing, client and subcontractor liaison, project budgeting and scheduling, QA/QC, and the presentation of environmental analyses, recommendations, and strategies at client meetings and public hearings.
RELEVANT PROJECT EXPERIENCE
San Rafael On-Call Services, Project Manager I City of San Rafael Department of Public Works
of Hillsborough Department of Public Works Mill Valley-Sausalito Multiuse Pathway NEPA/CEQA,Senior Environmental Planner | Marin County Department of Public Works Freitas Parkway/Las Gallinas Avenue Intersection Improvement Project IS/MND, Project Manager I City of San Rafael Department of Public Works East San Jose Pedestrian and Bicycle Improvements Project, Project Manager I County of Santa Clara Paradise Beach Park Master Plan, CEQA Project Manager | Marin County Crestmoor Parks Canyon Sewer Replacement Project, Senior Environmental Planner I City of San Bruno Public Works Department San Francisquito Creek Bank Stabilization Project Development Application, Senior Environmental Planner | Children's Health Council Wetlands Habitat Restoration Initial Study/Mitigated Negative Declaration, Project Manager | City of Hercules\DucksUnlimited San Anselmo Trails, Senior Environmental Planner | Town of San Anselmo Department of Public Works Marina Bay Parkway Grade Separation Initial Study/MND, Project Manager I City of Richmond Hauser Bridge Road Bridge Replacement, Senior Environmental Planner | Sonoma County Public Infrastructure Bridge Rehabilitation and Replacement Projects, Senior Environmental Planner | Town of Fairfax San Quentin Pump Station Replacement Project, Project Manager | City of San Rafael Department of Public Works Water Service Ext for Existing Facilities at Shamrock Ranch IS/MND, Senior Environmental Planner I North Coast County Water District 25th Avenue Sanitary Sewer Relief Line Project Initial Study, Senior Environmental Planner | City of San Mateo Department of Public Works the Perfect EA/FONSIor EIS, 2013
PROFESSIONAL AFFILIATIONS
Association of Environmental
Professionals
American Planning Association
American Public Works Associction
Floodplain Management Association
SPECIALIZED
TRAINING/PRESENTATIONS
Annual AEP Advanced CEQA
Lorman Education Services CEQA Presentation (“Completing the CEQA Process”), 2012 AEP CEQA Basics Workshop Presentation, 2012
YEARS OF EXPER ENCE
30 EDUCATION
B.A., Resource and EnvironmentaI
Geography, Spanish Minor, San
Diego State University
CERTIFICATIONS
American Institute of Certified
Planners
Caltrons Local Assistance Training
NWETC NEPA Certification: Writing
Geoff AICP
Senior Planner
Agenda Item #12.5.
Senior Associate | Principal-in—Charge
M.S., Hydrogeology, University of Wisconsin—Madison
A.B., Geology, Smith College
Certified Professional in Erosion and Sediment Control (CPESC)(No. 4690) Qualified SWPPP Developer/Practitioner (QSD/P)(No. 21022) Qualified Industrial Stormwater Practitioner (QISP)and Trainer of Record (ToR) (No.38) CaliforniaStormwater Quality Association (CASQA)
Interstate Technology & Regulatory Council (ITRC)
Known for her expertise and commitment to client service, Nancy has more than 30 years of consulting experience (including 10 years with Haley &Aldrich) on municipal, industrial, and construction stormwater permitting; watershed planning; water quality monitoring; total maximum daily load (TMDL)compliance; training, and reporting projects.
Notably, she has worked extensively on Bay Area Municipal Separate Storm Sewer System (MS4) projects since their inception in the early 1990s.
RELEVANTPROJECT EXPERIENCE
Contra Costa Clean Water Program, Municipal Regional Stormwater Permit (MRP-3.0) Compliance Services, Contra Costa County, CA. Nancy serves as the Principal-in-Charge, responsible for overseeing our work on the C.3 component of the Municipal Regional Permit (New Development, Redevelopment, and Hydromodification Management).
Contra Costa Clean Water Program Support, Contra Costa County, CA. Nancy is currently assisting the Countywide Clean Water Program and Contra Costa County with new MRP—3.0permit requirements to track industry compliance with the Industrial Stormwater General Permit through the issuance and renewal of business licenses for facilities located within unincorporated Contra Costa County.
Stormwater Compliance Services for the Santa Clara Valley Transportation Authority, San Jose, CA. Nancy is the Technical Director for a stormwater compliance program at three bus maintenance facilities and a light rail facility. In this role, Nancy evaluates monitoring data, consults with the client on BMP selection, develops training programs, and prepares annual reports and Exceedance Response Action Reports. She also assists with the implementation of the Underground Vault General Permit for the management of water in subsurface electrical vaults.
Statewide Stormwater Management, Monitoring, and Research and Development for the California Department of Transportation (Caltrans). Nancy played a leading role in one of the nation's landmark stormwater programs for over 18 years, beginning with the development of a comprehensive litigation settlement agreement. She oversaw teams of Stormwater Management Program for Con?dential Aerospace Company, Southern CA. Nancy is responsible for oversight of all activities associated with an individual NPDESstormwater permit implementation, including planning, inspections, water quality monitoring, data reporting, and operating a state-of-the—artstormwater treatment system. Recently, Nancy has been working side—by-sidewith the client and their attorneys to negotiate a new NPDESpermit through 2028.
NANCY QSD/P, TOR GCPESC, QISP,
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Agenda Item #12.5.
5TH-coNTl3ACT—F1t0Q%-0%
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on June 13, 2023 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Coastland Civil Engineering, LLP (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as On-Call Municipal Public Works and EngineeringServices.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to performthe required duties.
NOW, THEREFORE, in considerationofthe mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 — BASIC SERVICES
Consultant agrees to perform the servicesset forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 — ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its perfomiance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services" (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
— The time for completion of Services shall be as identi?ed in Exhibit A, “Scope of Services". The parties expressly agree that time is of the essence in the performance of this Agreement. SECTION 4— COMPENSATION AND METHOD OF PAYMENT A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $l00,000.00 unless additional compensation is approved in accordance with Section 2. B. Consultant shall furnish to City an original invoice for all work performed and expenses incurredduring the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Page 1 ofl3 Coasllnnd Civil Engineering LLP
Agenda Item #12.5.
and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion ofthe invoiced charges and expenses.
Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, ifany, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 — STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the quali?cations, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. ln meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. ln order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certi?cations; that Consultant is duly quali?ed to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be perfonned herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
- City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or ?nally accept Consu|tant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultants work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any ofthe provisions of this Agreement including, but not limitedto, the sections pertaining to indemni?cation and insurance. 2of Pa13
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SECTION 7 — INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damagesto property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
I. lnsurance Services Of?ce Commercial General Liability coverage (occurrence fomi CG 000i).
2. lnsurance Services Office form number CA 000] (Ed. 1/87) covering Automobile Liability, code I (any auto).
3. Workers’ Compensation insurance as required by the State of California and Emp|oyer’s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no lessthan:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability lnsurance or other fonn with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $l,000,000 per accident for bodily injury and property damage.
3. Employer’sLiability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $l,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professionalerrors and omissions in the Services performedby Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith D. Excess Limits. lfConsultant maintains higher limitsthan the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Primag Coverage. For any claimsrelated to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it. Page 3 of 13 1Engine-rm , LL!’ C
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F. Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentionsof $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions.The commercial general liability and automobile liability policies are to contain, or be endorsedto contain, the following provisions:
1. The City, its agent, of?cers, of?cials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant's subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work ofthis project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, of?cers, of?cials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, of?cers, of?cials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certi?ed mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnifythe additional insured would be invalid under Subsection (b) of Section 2782 ofthe Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and emp|oyer"s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, of?cers, officials, employees and volunteers for losses paid under the temis of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no lessthan A: Vll, unless otherwise acceptable to the City.
J. Veri?cation of Coverage. Consultant shall furnish the City with original certi?cates on to certi?cates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certi?ed copies of all required insurance policies, including endorsements affecting the coverage required by these speci?cations at any time. SECTION 8 — INDEMNIFICATION A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, of?cers, of?cials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) Page 4 of 13 Coasllnnd Civil Engineering LLP
Agenda Item #12.5.
(collectively, “Liabilities"), incurred by reason of any negligent or othenivisewrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connectionwith this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or othenivisewrongful act or omission, and to pay and satisfy any resultingjudgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscapearchitect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions ofthis section regarding Consu|tant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconductof Consultant.
C. If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Consultant has agreed to indemnify lndemnitees as provided above, Consultant, upon notice from City, shall defend lndemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. lndemnitees need not have ?rst paid for any of the matters to which lndemnitees are entitled to Indemni?cation in order to be so indemni?ed. The insurance required to be maintained by Consultant shall ensure Consu|tant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions ofthis section do not apply to claimsto the extent occurring as a result ofthe City’s sole negligence, active negligence,or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. ln the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultantsto agree to, the indemnity and insurance Agreement. SECTION 9
— INDEPENDENT CONTRACTOR STATUS A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consu|tant’s exclusive direction and control. Neither City, nor any Page 5 of l3 1Engineering,LLP C
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elected or appointed boards, of?cers, of?cials, employees or agents of City, shall have control over the conduct of Consultant or any of Consu|tant’s of?cers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s of?cers, employees or agents are in any manner of?cials, of?cers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s of?cers, employees or agents, shall obtain any rights to retirement, health care or any other bene?ts which may otherwise accrue to City"s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 — CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any of?cer or principal of its ?mi, has or shall acquire any interest, directly or indirectly, which would con?ict in any manner with the interests of City or which would in any way hinder Consultant‘s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an of?cer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid con?icts with the interestsof City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the perfonnance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a con?ict of interestfor purposes ofthis section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against ?nancial risks, operational breaches, and unethical, fraudulent and corrupt activities.Consultant represents and warrants that Consultant, its subcontractor(s) subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or (3) employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consu|tant’s service provided pursuant to this Agreement. SECTION 11 - OWNERSHIP OF DOCUMENTS A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, ?les and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the pemiission of the Consultant. When requested by City, but no later than three years after project Page 6 of I3 Coastland ClVIlEngineering,LLP
Agenda Item #12.5.
completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, ?les and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements,developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Productshall be considered a “work made for hire” within the meaning of Title 17 ofthe United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, includingwithout limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 — CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered con?dential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its of?cers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. lf Consultant, or any of?cer, employee, agent or subcontractor of Consultant, provides any infonnation or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurredas a result of Consultant’s conduct. notify City its employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this rightto review any such response does not imply or mean the right by City to control, direct, or rewrite such response. of PaI37
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Agenda Item #12.5.
SECTION 13 - SUSPENSION OF WORK
City may, at any time, by ten (I0) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services perfonned and reimbursable expenses incurred prior to the suspensiondate.
SECTION 14 — COMPLIANCE WITH LAW
Consultant shall keep itself infonned of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the tem of this Agreement. Consultant shall obtain any and all licenses, permits and authorizationsnecessary to perfonn the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, of?cials, employees or agents of City, shall be liable, at law or in equity, as a result ofany failure of Consultant to comply with this section.
SECTION 15 — COMPLIANCE WITH CIVIL RIGHTS
During the performanceof this contract, Consultant agrees as follows:
A. Egual Employment Opportunity. In connection with the execution ofthis Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories speci?cally and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation;and selection for training including apprenticeship.
B. NondiscriminationCivil Rights Act of I964. Consultant will comply with all federal regulations relative to nondiscriminationto federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Eguipment. ln all solicitations, either by competitive bidding or negotiations, made by Consultant for work to obligations underthis Agreement and the regulationsrelative to nondiscrimination. SECTION 16 — COMPLIANCE WITH CALIFORNIA LABOR CODE A. REQUIREMENTS Consultant is aware of the requirements of California Labor Code Sections I720 et seq. and I770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its of?cials, officers, employees and agents free and Page 8 of 13 Coastland Civil Engineering LLP
Agenda Item #12.5.
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all Califomia Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarrnent of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certi?ed payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption speci?ed in LaborCode Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to LaborCode Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Depanment of Industrial Relations. It shall be Consu|tant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s perfonnance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its of?cials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of lndustrial Relations against Consultant or any subcontractor.
SECTION 17 — AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses from the date of Consu|tant’s final invoice. B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of perfomiing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement. C. Consultant shall pennit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years Page 9 of 13 Cuastlaml Civil Engineering LLI‘ Agenda Item #12.5.
after City makes the ?nal or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later. —lIT F T
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identi?ed as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost pro?ts or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 — COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be perfonned under this Agreement.
SECTION 20 — NOTICES
All notices requiredor pennitted to be given underthis Agreement shall be in writing and shall be personally delivered, sent by facsimile, email, or first class mail, addressed as follows:
To City: City Manager
I088 College Avenue
St. Helena, California 94574
To John Wagner President | CEO Coastland Civil Engineering, LLP I400 Neotomas Avenue, Santa Rosa, CA 95405 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.SECTION 21 — TERMINATION Page l0ofl3
Civil Engineerrug,LLP
Agenda Item #12.5.
A. City may terminate this Agreement, with or without cause, at any time by giving ten (IO) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. if either Consultant or City fail to perfomi any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may tenninate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belongingto City which is in Consultant’s possessionshall be delivered to City. Consultant shall furnish to City a ?nal invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 22 — ATTORNEYS’ FEES
lf litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursedto the prevailing party.
SECTION 23 - ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, ?nal and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 — SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and SECTION 25
— CONTINUITY OF PERSONNEL Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance. SECTION 26— DEFAULT in the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed Page ll ofl3 CoasllandCivil Engineering LLP Agenda Item #12.5.
after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 — WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach ofthe provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any ofthe provisions ofthis Agreement.
SECTION 28 - LAW TO GOVERN', VENUE
This Agreement shall be interpreted,construed and governed according to the laws of the State of California. ln the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern Districtof California, in San Francisco.
SECTION 29 — SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competentjurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). ??E§
Consultant’s subconsultantsshall agree to be bound to the tenns of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party bene?ciary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or bene?ts on persons or entities not party to this Agreement.
As between the parties to this Agreement, any applicable statute of limitationsfor action arising out of, pertaining to, or relating to any act or failure to act in connectionwith this Agreement shall commence to run on the date of City‘s issuance ofthe ?nal Certi?cate for Payment, or terminationof this Agreement, whichever is earlier, except for latent defects and/or de?ciencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or de?ciency and its cause. SECTION 32 — SPECIAL PROVISIONS
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Agenda Item #12.5.
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Title: City Attorney
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Agenda Item #12.5.
First Amendment to Professional Services Agreement City of St.
Helena STH Contract: FY2023-040 West Yost On-Call Public Works and Engineering Services
AMENDMENT #1
TO PROFESSIONAL SERVICES AGREEMENT WITH WEST
YOST; STH CONTRACT NO: 2023-040 FOR ON-CALL PUBLIC
WORKS AND ENGINEERING SERVICES
This First Amendment to Professional Services Agreement City of St. Helena STH Contract: FY 23-040 with West Yost dated July 13, 2023 ("Agreement") is made as of this ____ day of _______, 2023 by and between the City of St. Helena, the West Yost.
RECITALS
A. On July 13, 2023, The City of St. Helena and West Yost entered into an agreement to provide On-Call Public Works and Engineering Services.
B. On June 27, 2023 the City Adopted the largest Capital Improvement Program project list with 70 projects, and a record $17.8 million being expended in Fiscal Year 2023- 24; and
D. The City of St. Helena desires to continue utilizing West Yost to provide the agreed upon services; and
E. The City of St. Helena and West Yost now desire to amend the Agreement for an additional $100,000 with not
additional modifications to the existing agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and
of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4.A. Compensation, is amended to read as
follows:
“Total compensation shall not exceed $200,000.00
unless additional compensation is approved in
accordance with Section 2.”
All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted,
made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Agenda Item #12.5.
First Amendment to Professional Services Agreement City of St.
Helena STH Contract: FY2023-040 West Yost On-Call Public Works and Engineering Services
By: _____________________________
Print Name: Elizabeth T. Drayer
Title: Vice President
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney St.
Helena
ATTEST:
____________________________
City of St. Helena City Clerk
Cindy Tzafopolous
Agenda Item #12.5.
First Amendment to Professional Services Agreement City of St.
Helena STH Contract: FY2023-047 Haley Aldrich, Inc On-Call Public Works and Engineering Services
AMENDMENT #1
TO PROFESSIONAL SERVICES AGREEMENT WITH HALEY
ALDRICH, INC; STH CONTRACT NO: 2023-047 FOR ON-CALL
PUBLIC WORKS AND ENGINEERING SERVICES
This First Amendment to Professional Services Agreement City of St. Helena STH Contract: FY 23-047 with Haley Aldrich, Inc dated July 13, 2023 ("Agreement") is made as of this ____ day of _______, 2023 by and between the City of St. Helena, the Haley Aldrich, Inc.
RECITALS
A. On July 13, 2023, The City of St. Helena and Haley
Aldrich, Inc entered into an agreement to provide On-Call Public Works and Engineering Services.
B. On June 27, 2023 the City Adopted the largest Capital Improvement Program project list with 70 projects, and a record $17.8 million being expended in Fiscal Year 2023- 24; and
D. The City of St. Helena desires to continue utilizing Haley Aldrich, Inc, to provide the agreed upon services; and
E. The City of St. Helena and Haley Aldrich, Inc desire to amend the Agreement for an additional $100,000 with not additional modifications to the existing agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and
of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4.A. Compensation, is amended to read as
follows:
“Total compensation shall not exceed $200,000.00
unless additional compensation is approved in
accordance with Section 2.”
All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted,
made, and executed this Agreement upon the terms, conditions, Agenda Item #12.5.
First Amendment to Professional Services Agreement City of St.
Helena STH Contract: FY2023-047 Haley Aldrich, Inc On-Call Public Works and Engineering Services
and provisions above stated, the day and year first above written.
By: _____________________________
Print Name: Scott Alman, PE, WSD
Title: Sr. Principal Engineer
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney St.
Helena
ATTEST:
____________________________
City of St. Helena City Clerk
Cindy Tzafopolous
Agenda Item #12.5.
First Amendment to Professional Services Agreement City of St.
Helena STH Contract: FY2023-036 Coastland Civil Engineering, LLP On-Call Public Works and Engineering Services
AMENDMENT #1
TO PROFESSIONAL SERVICES AGREEMENT WITH
COASTLAND CIVIL ENGINEERING, LLP; STH CONTRACT NO:
2023-036 FOR ON-CALL PUBLIC WORKS AND ENGINEERING
SERVICES
This First Amendment to Professional Services Agreement City of St. Helena STH Contract: FY 23-036 with Coastland Civic Engineering, LLP dated July 13, 2023 ("Agreement") is made as of this ____ day of _______, 2023 by and between the City of St.
Helena and Coastland Civic Engineering, LLP.
RECITALS
A. On July 13, 2023, The City of St. Helena and Coastland Civic Engineering, LLP entered into an agreement to
provide On-Call Public Works and Engineering Services.
B. On June 27, 2023 the City Adopted the largest Capital Improvement Program project list with 70 projects, and a record $17.8 million being expended in Fiscal Year 2023- 24; and
D. The City of St. Helena desires to continue utilizing Coastland Civic Engineering, LLP to provide the agreed
upon services; and
E. The City of St. Helena and Coastland Civic Engineering, LLP now desire to amend the Agreement for an additional $100,000 with not additional modifications to the existing agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and
of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4.A. Compensation, is amended to read as
follows:
“Total compensation shall not exceed $200,000.00
unless additional compensation is approved in
accordance with Section 2.”
All other terms of the Agreement shall remain in full force and effect.
Agenda Item #12.5.
First Amendment to Professional Services Agreement City of St.
Helena STH Contract: FY2023-036 Coastland Civil Engineering, LLP On-Call Public Works and Engineering Services
IN WITNESS WHEREOF, the parties hereto have accepted,
made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
By: _____________________________
Print Name: John Wagner
Title: President, CEO
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney St.
Helena
ATTEST:
____________________________
City of St. Helena City Clerk
Cindy Tzafopolous
Agenda Item #12.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: November 14, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Consideration of a Resolution Approving a Performance Bonus and an Amended Employment Agreement with City
Manager Anil Comelo effective July 26, 2023.
RECOMMENDED
ACTION:
Approve the attached resolution.
PREVIOUS COUNCIL
ACTION:
June 14, 2022 - Approval of Employee Agreement
STATEMENT OF THE
PURPOSE:
The purpose is to approve a performance bonus of
$10,000 and approve an updated employment agreement
with City Manager Anil Comelo, which includes updated
terms following completion of the City Manager
performance evaluation.
FINANCIAL IMPACT: The overall maximum fiscal impact for Fiscal Year 2024 is $128,962, of which $64,481 is allocated to General Fund (Fund 101), $38,688 to the Water Fund (Fund 561), and
$25,793 to the Wastewater Fund (Fund 571). These
amounts would be reduced if the maximum allowable
leave accruals are not cashed out per the terms of the
agreement.
This action requires a budget adjustment utilizing Fund Balance in the amount of $64,481 to Fund 101 City
Manager Department Salaries & Benefits, $38,688 Fund
561 City Manager Department Salaries & Benefits, and
$25,793 Fund 571 City Manager Department Salaries &
Benefits.
This action leaves the Estimated Net Positions as follows:
Fund 101 - 51%
Fund 561 - 44%
Fund 571 - 23%
BACKGROUND:
On June 14, 2022, the City Council approved an employment agreement with Mr. Anil Comelo effective July 26, 2022. The current employment agreement provides that the City Council shall review and evaluate the performance of the City Manager, including eligibility for any discretionary, performance-based increase, at least once annually.
Agenda Item #12.6.
DISCUSSION:
The City Council recently completed its first performance evaluation regarding the City Manager's performance over the past year, particularly with respect to the goals set forth by the City Council. The City Council recognizes that to meet the challenges facing the City, the City Manager must exercise decisive policy leadership and organize the work necessary to implement the Council's goals and priorities, which are aligned with the City’s vision and mission statements.
The Council was favorable in its review, and determined that City Manager Comelo significantly exceeded the mutually established and quantifiable objectives established by the City Council for the prior year. Based on this strong evaluation, the Council desired to provide a $10,000 performance bonus to Mr. Comelo based on Section 9(d) of his existing employment, which provides that the Council may grant a performance bonus of up to $10,000 if City Manager Comelo significantly exceeded the mutually established and quantifiable objectives established by the City Council for the prior year.
Approval of that performance bonus is part of the recommended action, as set forth in the attached resolution. The Council also appointed an ad hoc subcommittee of Vice Mayor Hall and Councilmember Summers to work with City Manager Comelo with the goal of providing for a more competitive compensation package that reflects the market.
The ad hoc subcommittee discussed proposed terms with City Manager Comelo and the terms were subsequently discussed by the Council in closed session. The proposed new terms of as set forth in the proposed Employment Agreement (i.e., the terms that have changed from City Manager Comelo's prior Employment Agreement) are described below:
Salary Adjustments:
Effective July 1, 2023, City Manager Comelo would receive a 10% increase (identical to the increase received by the unrepresented employees) to base salary (from $235,072 to $258,000), and an additional 4.26% increase to base salary effective July 1, 2024 (from $258,000 to $269,000). The salary adjustment is based on data collected through a compensation study utilizing the same comparable cities and applied in the same manner as the Mid-Management and Executive staff salary adjustments (Exhibit A of the City Manager Agreement).
Compensation Study:
On an annual basis the City Council would commission a review of base salaries of city managers for comparable cities (as listed in a survey recently completed by the City), and the Council may consider an increase to City Manager Comelo's base salary if he is below the median base salary for comparable cities. This does not obligate the City Council to approve a salary increase.
Agenda Item #12.6.
Deferred Compensation:
The City will contribute $34,500 each calendar year to City Manager Comelo's 401(a) deferred compensation plan. The prior agreement provided for an annual contribution to the plan of $10,000.
Housing Allowance:
The City will provide a housing allowance of $30,000 annually on the anniversary of the Agreement (July 26). The prior agreement provided for a one-time housing allowance of $20,000.
Vacation Leave:
The City Manager will accrue vacation at a rate of 240 hours (30 days) per fiscal year, with a maximum accrual cap of 320 hours. The City Manager may cash out up to 120 hours of accrued but unused vacation days. The prior agreement provided for accrual of vacation at a rate of 160 hours (20 days) per fiscal year, with a maximum accrual of 240 hours, and no ability to cash out vacation hours.
Executive Leave:
The City Manager will receive 80 hours (10 days) of Executive Leave on January 1 of each year. Executive Leave is not carried over from year to year, and at the end of each calendar year any remaining Executive Leave must be cashed out. The prior agreement provided that he would receive 40 hours of Executive Leave per year. The prior agreement did not allow for cash out of executive leave.
Sick Leave:
The City Manager will receive sick leave at the rate of 12 days per year. In the event of termination or resignation he can cash out his sick leave at the rate of 50% of accumulated but unused sick leave in the first year of the agreement, 75% of accumulated but unused sick leave in the second year, and 100% of accumulated but unused sick leave in the third year. The prior agreement provided for sick leave to be accrued at the rate of 12 days per year, and did not allow for cash out of sick leave.
FICA Contribution:
The City will pay the employee's share of the tax withholdings required under FICA, up to a maximum amount of $10,000. This provision was not included in the prior agreement.
ENVIRONMENTAL REVIEW: None.
DOCUMENTS ATTACHMENTS:
Resolution Approving City Manager Employment Agreement
Attachment A - St. Helena_ CM Agreement Comelo 2023
Agenda Item #12.6.
CITY OF ST. HELENA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA APPROVING AN UPDATED CITY MANAGER
EMPLOYMENT AGREEMENT WITH ANIL COMELO AND
GRANTING A $10,000 PERFORMANCE BONUS
RECITALS
A. On June 14, 2022, the City Council of the City of St. Helena appointed Anil Comelo as City Manager and entered into a City Manager Employment Agreement with Mr. Comelo (the “Prior Employment Agreement”).
B. Under the terms of the Prior Employment Agreement, the City Council conducts an annual performance evaluation, which evaluation was recently completed; and
C. The City Council determined as part of that evaluation that Mr. Comelo has significantly exceeded the mutually established and quantifiable objectives established as set forth in the previous year’s established written performance goals over the prior year; and
D. Based on that determination and in accordance with Section 9 of the Prior Employment Agreement the City Council desires to grant Mr. Comelo a $10,000 performance bonus; and
E. The Council also desires to update the Prior Employment Agreement to provide a more competitive compensation package that reflects the market for city managers in comparable cities; and
F. The Council therefore desires to enter into an updated City Manager Employment Agreement, with an effective date of July 26, 2023 and a term of three (3) years; and
G. The terms of the updated City Manager Employment Agreement are summarized in the Staff Report that accompanied this Resolution in the Agency materials for the City Council meeting of November 14, 2023.
Agenda Item #12.6.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Council finds and determines that Mr. Comelo significantly exceeded the mutually established and quantifiable objectives established as set forth in the previous year’s established written performance goals in his first year of employment with the City, and pursuant to Section 9(d) of the Prior Employment Agreement, the City Council grants Mr. Comelo a performance bonus in the amount of $10,000.
2. The City Council approves the updated City Manager Employment Agreement between the City of St. Helena and Anil Comelo in the form that accompanied this Resolution in the Agenda materials for the City Council meeting of November 14, 2023. The Mayor is authorized to execute such City Manager Employment Agreement on behalf of the City.
3. Approval of a budget Increase in Salaries and Benefits to General Fund in the amount of $64,481, Water Fund in the amount of $38,688, and Wastewater Fund in the amount of $25,793 utilizing Fund Balance in the respective funds.
Approved at a Regular Meeting of the St. Helena City Council on November 14, 2023, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #12.6.
83578.00009\41707846.5
CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of St. Helena and Anil Comelo
1. Employment:
This Manager Employment Agreement (Agreement) is entered into by and between the CITY OF St. Helena (City) and Anil Comelo (Manager). Under this Agreement, the City offers, and Manager accepts, employment as Manager of the City.
This Agreement shall amend, replace and supersede in its entirety the City Manager Employment Agreement entered into by and between City and Manager as of July 26, 2022.
2. Duties:
Manager shall perform those duties and have those responsibilities that are commonly assigned to a Manager of a city in California, and as may be further set forth in the City’s Charter or Municipal Code. Manager shall perform such other legally permissible and proper duties and functions consistent with the office of Manager, as the City Council shall from time to time assign.
3. Devotion to City Business:
Manager’s position is full-time. Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his/her City Manager duties, except as may be specifically authorized by the City Council.
The Manager will adhere to the highest professional standards. The Manager agrees to follow the Code of Ethics of the International City/County Management Association (ICMA), unless otherwise inconsistent with law, and the ethics rules, regulations, and laws of the State of California. The ICMA Code of Ethics can be found on the ICMA website, www.icma.org.
4. Term:
Manager’s new employment term will commence July 26, 2023, and shall continue until July 25, 2026, or the date of earlier termination in accordance with provisions in this Agreement. City’s election not to extend this Agreement shall not entitle Manager to Severance pursuant to Section 6 of this Agreement.
Agenda Item #12.6.
83578.00009\41707846.5
2 5. Commitments and Understandings:
A. City Manager Commitments
(1) Duties & Authority
(a) The Manager shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City.
(b) The Manager shall perform all of the duties of the Manager under applicable provisions of the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. The City Council has designated and may also designate the Manager as the chief executive of other City-related legal entities. Such other legal entities include financing authorities and joint powers authorities.
(c) The Manager shall administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement such policies. To accomplish this, the Manager shall be required to:
(i) Attend all meetings of the City Council, unless excused by the Mayor.
(ii) Review all agenda documents before preparing the agenda for all regular or special meetings of the City Council.
(iii) Direct the work of all appointive City officers and departments. (iv) Endeavor to implement changes that the Manager believes will result in greater efficiency, economy, or improved public service in the administration of City affairs. This includes modernizing City services and employing a community-centered approach to service design.
(v) From time to time, recommend to the City Council adoption of such measures as the Manager may deem necessary or
expedient for the health, safety, or welfare of the community, or for the improvement of administrative services. The Manager shall conduct research in administrative practices in order to bring about greater efficiency and economy in City government, and develop and recommend to the City Council long-range plans to improve City operations and prepare for future City growth and development.
(vi) From time to time, and based on the Manager's best judgment, propose to the City Council the consolidation or combination of offices, positions, departments, or units under the Manager's jurisdiction. The Manager may be the head of one or more City departments.
Agenda Item #12.6.
83578.00009\41707846.5
3 (vii) Provide management training and develop leadership qualities among department heads and staff as necessary to build a City management team that can plan for and meet future challenges. (viii) Exercise control of City government in emergencies as authorized by the Municipal code and California law.
(2) Hours of Work
(a) The Manager is an exempt employee. The Manager is expected to engage in those hours of work that are necessary to fulfill the obligations of the position. The position does not have set hours of work and the Manager is expected to be available, as necessary, at all times.
(b) It is recognized that the Manager must devote substantial time to the business of the City, outside of the City's customary business hours, and to that end the Manager's schedule of work each day and week shall vary in accordance with the work required to be performed. The Manager shall spend sufficient hours on site to perform his duties; however, the Manager has discretion over the Manager's work schedule and work location, subject to Council direction. (c) The Manager shall not spend more than 12 hours per month in teaching, consulting, speaking, or other non-City connected business for which compensation is paid without the express prior written consent of the City Council.
(3) Disability or Inability to Perform
(a) In the event the Manager becomes mentally or physically incapable of performing the Manager's functions and duties taking into account reasonable accommodation, and it reasonably appears such incapacity will last for more than six months, the City Council may terminate the Manager. If the City Council does elect to terminate the Manager due to incapacity, the Manager shall receive all severance benefits provided in Section 6.A below.
B. City Commitments
(1) The City shall provide the Manager with the compensation, incentives, and benefits specified in this Agreement, as from time to time may be amended with written consent of both parties.
(2) The City Council sets policy for the governance and administration of the City, and it implements its policies through the Manager. (3) The City Council recognizes that to meet the challenges facing the City it must exercise decisive policy leadership. As one step in carrying out this leadership responsibility, the City Council commits to spending time each year outside of regular City Council meetings to work with the Manager and staff on setting goals and priorities for the City government, and to work on issues that may be inhibiting the maximal achievement of City goals.
Agenda Item #12.6.
83578.00009\41707846.5
4 (4) Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely through the Manager or the Manager's designee, and neither the City Council nor any member thereof shall give orders to any subordinate of the Manager, either publicly or privately. (5) Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the Manager. The Manager shall take orders and instructions from the City Council or a properly formed subcommittee of the City Council only when it is sitting as a body in a lawfully held meeting.
C. Mutual Commitments and Performance Evaluation
Annual performance evaluations are an important way for the City Council and City Manager to ensure effective communications about expectations and performance.
(1) The City Council shall annually review the performance of the Manager subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the City Council and Manager and may use an outside facilitator as agreed upon between the City Council or the City Manager to be paid for by the City.
(2) The annual evaluation process, at a minimum, must include the opportunity for both parties to:
a) set initial performance goals and standards,
b) conduct a formulary session where the City Council and the Manager meet first to discuss goals and objectives of both the past twelve (12) month performance period as well as the upcoming twelve (12) month performance period,
c ) following that formulary discussion, prepare a written evaluation of goals and objectives for the past and upcoming year,
d ) next meet and discuss the written evaluation of these goals and objectives, and
e) present a written summary of the evaluation results to the Manager. The final written evaluation should be completed and delivered to the Manager within 30 days of the initial formulary evaluation meeting.
6. Termination of Employment and this Agreement; General Release; Severance:
A. If City terminates this Agreement (thereby terminating Manager’s employment) without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, and if Manager signs, delivers to the City Council, and does not revoke, the full release agreement (“Release Agreement”) in a form prepared by the City Attorney, City shall pay Manager a lump sum benefit equal to twelve (12) months of his/her then Base Salary.
Agenda Item #12.6.
83578.00009\41707846.5
5 B. If City terminates this Agreement (thereby terminating Manager’s employment) with Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Meeting of the City Council, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms (“Accrued Salary and Benefits”). As used in this Agreement, Cause shall only mean any of the following:
1. Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the Manager’s reputation;
2. Proven failure of the Manager to observe or perform any of his duties and obligations, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;
3. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4;
4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act-compliant meeting; and
5. Any intentional or grossly negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-established rules or procedures.
C. In no event may Manager be terminated without cause within ninety (90) days before or after any municipal election for the selection or recall of one or more of the members of the City Council.
D. If, during the Term or any extended Term, Manager dies, Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.
E. In the event Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any leave required by law, the City may terminate Manager’s employment and this Agreement.
F. In the event that the City Council formally or a majority of the City Council informally asks that the City Manager resign in lieu of termination without cause, then the City Manager shall be entitled to resign and still receive the severance benefits provided in Section 6.A above.
G. Manager may resign from his employment at any time, upon giving thirty (30) days written notice to the City Council.
Agenda Item #12.6.
83578.00009\41707846.5
6 7. Compensation and Annual Evaluation:
A. Manager’s initial annual Base Salary shall be two hundred and fifty eight thousand dollars ($258,000) effective July 23, 2023 and shall be two hundred and sixty nine thousand dollars ($269,000) effective January 1, 2024. Said amount shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other employees of the City are paid. Increases in Manager’s Base Salary may be effective at any time at the sole discretion of the City Council.
B. Effective the first anniversary of this Agreement, and annually thereafter, the City Council may consider an increase to Base Salary set at the Median of Base Salary for comparable cities based on a survey which shall be conducted annually by a compensation consultant retained by the City, based upon compensation effective each July 1st. A form of the compensation survey prepared by Ralph Anderson Associates and effective as of July 2023 including the cities to be included in the survey is on file with the City. The City Council and the Manager change the cities to be included in the survey based on mutual agreement.
C. City, by the City Council, and Manager may set mutually agreed-upon Goals for each year under this Agreement. The City Council shall evaluate Manager’s performance at least once a year (“Annual Evaluation”), which shall include by not be limited to a review of Manager’s progress in achieving the mutually agreed upon goals.
Following the completion of the Annual Evaluation, the City Council may, in its sole discretion, grant Manager a Performance Bonus in any amount from Zero Dollars ($0) to a maximum of Ten Thousand Dollars ($10,000.00) or any sum in between. Any such Performance Bonus shall be based on Manager’s success in meeting the agreed-upon Goals established for the prior year.
D. Whenever a cost-of-living adjustment or other non-merit based salary increase is provided to other management employees, the City Council shall consider whether it is reasonable and appropriate to grant a similar increase to the Manager’s Base Salary upon the written request of the Manager.
E. If the City reduces the Base Salary or any other financial benefit of the Manager in a percentage that is greater than the average reduction of all executive managers, such action shall constitute a termination of this Agreement without Cause under Section 6.A. of this Agreement, and Manager shall be entitled to Severance.
8. Deferred Compensation:
Subject to any limitations imposed by law or the City’s deferred compensation plan, City will contribute $34,500.00 each calendar year to the City’s 401(a) deferred compensation plan on behalf of Manager, deposited in equal installments consistent with City’s pay periods.
9. Pension:
A. City agrees to enroll Manager as a member of the Public Employees Retirement System (PERS) in the PERS plan selected by City in its sole discretion.
Agenda Item #12.6.
83578.00009\41707846.5
7 B. Manager shall be subject to the provisions of the miscellaneous member pension cost sharing requirements under the Unrepresented Compensation Program and related CalPERS contract for miscellaneous employees. These provisions are subject to future amendment pursuant to law and applicable City procedures.
10. Health and Medical Benefits Insurance:
A. Health and Dental Benefits: The City will pay the full cost of the Manager’s health insurance plan to cover both the employee and the employee’s dependents. The City will pay the full cost for dental coverage for the Manager and his dependents.
Manager will choose from available insurance programs and/or health and welfare plans at the time as carriers allow during Open Enrollment periods. Dependent coverage may be added or deleted between Open Enrollment periods subject to conditions imposed by the selected carriers.
B. Short-term Disability Insurance: The City will pay for the Manager’s cost to participate in the State Disability (SDI) program.
C. Vision Care: The City will pay for vision care benefits for the Manager and all dependents through VSP Vision Care Insurance.
11. Life Insurance:
The City agrees to pay for a term life insurance policy in the face amount of Two Hundred Fifty Thousand Dollars ($250,000.00) on Manager’s life with a carrier selected by the City. Manager shall designate the beneficiaries of the policy. Manager shall also be entitled to participate in any group life or disability insurance programs approved by the City Council for all employees.
13. Car Allowance:
Manager’s duties require him to be available and to respond to the demands of City business at all times and outside of regular business hours, including weekends. City shall pay Manager Five Hundred Dollars ($500.00) monthly in compensation for the use and maintenance of his personal vehicle on City business.
14. Equipment and Allowances:
A. City shall pay Manager One Hundred Dollars ($100.00) monthly as a cellular telephone allowance or provide a cell phone.
B. In the interest of having Manager live in close proximity to the City, Manager will be granted $30,000 toward housing allowance within 30 days of each annual anniversary (July 26th). As consideration for such housing allowance, Manager shall maintain a residence not more than 30 miles from the jurisdictional boundaries from the City.
Agenda Item #12.6.
83578.00009\41707846.5
8 C. City agrees to pay the employee share of federal payroll taxes required pursuant to Section 3101 of the Internal Revenue Code (“FICA withholdings”) on behalf of Manager in an amount not to exceed $10,000 per calendar year. The amounts paid by the City pursuant to the foregoing shall be included in Manager’s taxable wages on a pay period basis and subjected to customary withholdings. This subsection shall not apply to the withholdings required to the portion of FICA withholdings paid by the City.
15. Business and Professional Expenses:
A. City recognizes that Manager may incur expenses of a non-personal, jobrelated nature that are reasonably necessary to Manager’s service to City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to City’s normal expense reimbursement procedures or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.
B. Subject to the City Council’s advance budgetary approval, the City agrees to pay the professional dues, subscriptions, travel, and subsistence expenses on behalf of the Manager which are necessary for the Manager's continuation and full participation in national, regional, state, or local associations and organizations necessary and desirable for the Manager's continued professional growth and advancement. Said reimbursement includes governmental groups and committees upon which the Manager serves or may serve as a member. Said expenses may also be reimbursed or paid for on behalf of the Manager for short courses, institutes and seminars that are necessary for the professional development of the Manager.
C. The City benefits from the Manager’s involvement with and participation in local charitable, non-profit, and other activities (such as the Chamber, or other local organizations). To that end, the Manager will be reimbursed for the cost of membership, meals, or other reasonable expenses but not voluntary donations or contributions.
16. Vacation and Sick Leave:
A. Manager shall accrue vacation at a rate of 240 hours (30 days) per fiscal year. The maximum vacation accumulation cap will be 320 hours. In recognition of the difficulty Manager may experience in taking time off and in order to comply with the accrual cap, Manager shall be entitled to cash-out up to 120 hours of accrued but unused vacation days. The amount paid Manager shall be based on Manager’s annual Base Salary at the time the vacation leave is paid. If Manager elects to cash-out a portion of the accrued vacation (up to 120 hours), an irrevocable election will need to be made by November 30th of each year and received in June of the following year.
B. Manager shall accrue sick leave at a rate of twelve (12) paid days each calendar year. In the event of termination or resignation from employment or the nonrenewal of this Agreement, Manager shall be entitled to cash-out the accumulated but unused sick leave as follows: In the first year of this Agreement (until July 25, 2024), Manager may cash out 50% of accumulated but unused sick leave; in the second year of Agenda Item #12.6.
83578.00009\41707846.5
9 this Agreement (until July 25, 2025), Manager may cash out 75% of accumulated but unused sick leave; and in the third year of this Agreement (until July 25, 2026), Manager may cash out 100% of accumulated but unused sick leave.
C. Manager shall be credited with 80 hours (10 days) of Executive leave on January 1, of each year. Executive leave may not be carried over to subsequent years, and any remaining balance existing at the time of the City’s final payroll cycle of the calendar year will be cashed out.
D. City shall provide Manager with other leaves as required by law.
17. Abuse of Office or Position:
If Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (a) if Manager is provided with administrative leave pay pending an investigation, Manager shall be required to fully reimburse City such amounts paid; (b) if City pays for the criminal legal defense of Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Manager shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Manager may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Manager. For purposes of this Section, abuse of office or position means either: (x) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (y) a crime against public justice.
18. Enforcement of this Agreement:
The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under its terms and conditions, shall be entitled to payment of his/her/its reasonable attorneys’ fees and costs.
20. Indemnification:
Consistent with and subject to the limitations in the California Government Code, City shall defend, hold harmless, and indemnify Manager using legal counsel of City’s choosing, against expense or legal liability for acts or omissions by Manager occurring within the course and scope of Manager’s employment under this Agreement.
21. Notices:
Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/her/its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing.
Agenda Item #12.6.
83578.00009\41707846.5
10 CITY: City of St. Helena
Attention: Mayor
1088 College Avenue
St. Helena, CA 94574
MANAGER: At the address on file with the City for Manager
22. Conflict With Municipal Code:
The City personnel ordinances, resolutions, rules and policies shall apply to Manager in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the Municipal Code, the Municipal Code shall prevail over this Agreement.
23. Entire Agreement:
This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of Manager by City, and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.
24. Modifications:
Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto.
25. Effect of Waiver:
The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
26. Partial Invalidity:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Agenda Item #12.6.
83578.00009\41707846.5
11 27. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
This Agreement is entered into this ______ day of ______________, 2023.
CITY OF ST. HELENA
By: _____________________________ ______________________________ Mayor Manager
Attest:
________________________________
Cindy Tzafopoulos, City Clerk
Approved as to Form:
_______________________________
Ethan Walsh, Attorney
Agenda Item #12.6.
Ralph Andersen & Associates Data Effective July 2023
St Helena
City Manager 12 Cash Supplements Insurance Benefits
Survey Agency Comparable Class Range
Max. Long. Auto Def. Comp.
Perf
Bonus Other
ER to
EE/EE to
ER Ret.
Base +
Cash Health Dental Vision
Base +
Cash +
Ins.
American Canyon City Manager $21,233 $250 $400 $425 $637 $180 -$1,062 $22,063 $2,138 inc inc $24,201 Calistoga City Manager $20,848 $150 $938 $21,936 $2,648 $147 $24,731 Fairfield City Manager $23,750 $500 $2,254 $1,188 -$594 $27,098 $1,663 $112 $13 $28,886 Healdsburg City Manager $23,349 $1,401 $1,875 $550 $27,175 $2,378 $143 $18 $29,714 Napa City Manager $23,169 $500 $1,572 $110 -$1,043 $24,308 $1,795 $138 $26,241 Novato City Manager $23,808 $476 $500 $1,000 $250 -$595 $25,439 $2,376 $27,815 Petaluma City Manager $20,400 $400 $1,224 -$612 $21,412 $2,264 $192 $13 $23,881 Rohnert Park City Manager $25,583 $600 $1,279 $27,463 $1,687 $111 $17 $29,277 San Rafael City Manager $24,494 $400 $1,250 $1,225 -$245 $27,124 $1,858 $113 $18 $29,112 Santa Rosa City Manager $24,821 $450 $1,365 -$372 $26,264 $1,952 $177 inc $28,392 Vacaville City Manager $24,939 $400 $1,496 -$249 $26,586 $2,019 $139 $17 $28,762 Yountville Town Manager $21,617 $700 $2,500 $100 $24,917 $2,138 $182 $42 $27,279 St Helena City Manager $19,589 $500 $833 $833 -$196 $21,560 $2,835 $143 $18 $24,556 City ManagerAvg Average $23,168 $25,149 $27,358
% +/- -18.3% -16.6% -11.4%
95% of Median $22,372 $24,559 $26,699
% +/- -14.2% -13.9% -8.7%
Median $23,550 $25,852 $28,104
12 % +/- -20.2% -19.9% -14.4%
75th Percentile $24,576 $27,104 $28,943
12 % +/- -25.5% -25.7% -17.9%
Median Gain/Loss 0.3% 5.5%
Print Date: 10/26/2023
EXHIBIT A - Page 1
Agenda Item #12.6.
Ralph Andersen & Associates Data Effective July 2023
St Helena
City Manager
Survey Agency Comparable Class
American Canyon City Manager
Calistoga City Manager
Fairfield City Manager
Healdsburg City Manager
Napa City Manager
Novato City Manager
Petaluma City Manager
Rohnert Park City Manager
San Rafael City Manager
Santa Rosa City Manager
Vacaville City Manager
Yountville Town Manager
St Helena City Manager
City ManagerAvg Average
% +/-
95% of Median
% +/-
Median
12 % +/-
75th Percentile
12 % +/-
Retirement Benefits Leave - Annual Hours
Emp. Ret. Ret. Form. FICA
Base +
Cash +
Ins. + Ret.
Vac
Accrual
Vac
Cashout Admin Admin Cashout
$2,816 2@55 $27,017 200 40
$2,106 2%@60 $828 $27,664 160 80 80 80
$9,704 2.5@55 $38,590 333 333
$2,538 2@60 $32,252 200 100
$9,020 2@60 $35,261 206 80 104 52
$6,671 2@55 $34,486 200 80 90
$4,739 2@60 $28,620 120 40 96 20
$2,988 2@55 $32,265 232 100 50
$13,019 2%@55 $42,131 200 53 75
$8,692 2.5%@55 $37,085 160 80 80
$7,978 2@55 $36,740 200 200 64 64
$2,696 2@55 $29,975 200 200 80 80
$1,978 2%@60 $828 $27,362 160 80
$33,507
-22.5%
$31,707
-15.9%
$33,376
-22.0%
$36,826
-34.6%
-7.5%
Print Date: 10/26/2023
EXHIBIT A - Page 2
Agenda Item #12.6.
1 Cindy Tzafopoulos
From: Richard Corsetti <[email protected]>
Sent: Monday, November 13, 2023 10:03 AM
To: Cindy Tzafopoulos
Subject: Fw: [External] Bonus for City Manager
Hi Cindy:
I sent this out on Friday and would like to make sure that it is attached to the agenda for tomorrow's regular City Council meeting with regard to the bonus for the City Manager.
Thanks,
Rich Corsetti
From: Richard Corsetti
Sent: Friday, November 10, 2023 12:54 PM
To: [email protected] <[email protected]> Subject: Bonus for City Manager
To: Mayor Dohring; Vice Mayor Hall; and Council Members Hardy, Chouteau and Summers I would like to comment on the vote to be held on November 14th for approval of the $10,000 bonus to be paid to the City Manager. I could spend time commenting on the salary and benefits that the CM is receiving, but because it is comparable to that of other CMs in the area, it becomes pointless to argue. As to the bonus, I notice that 9 of the 13 cities do not have any money allocated for a bonus. The City of St. Helena would be consistent with the majority of cities in the survey if they did not pay the bonus. What I would like to know is what the CM has done to earn the bonus. According to the staff report, the City Council has made an evaluation and concluded that the CM has earned it based on quantifiable metrics. What are those? CM Commitments include some of the following:
(iv) Endeavor to implement changes that the Manager believes will result in greater efficiency, economy, or improved public service in the administration of City affairs. (vi) From time to time, and based on the Manager's best judgment, propose to the City Council the consolidation or combination of offices, positions, departments, or units under the Manager's jurisdiction.
It would suggest that the CM is supposed to find ways to work with less by becoming more efficient. Yet, there have been many new hires made over the past year, in part to help the CM do his job. How does such action deserve a bonus? How have these new hires made things more efficient? City Commitments include some of the following:
(3)..."the City Council commits to spending time each year outside of regular City Council meetings to work with the Manager and staff on setting goals and priorities for the City government, and to work on issues that may be inhibiting the maximum achievement of City goals." Because these meetings do not include the general public, we do not know what those goals and priorities are. However, I feel confident based on informal surveys that the great majority of the general public is of like mind as to what their goals and priorities are as it relates to the functioning of our City government. Those priorities are: water, wastewater; streets and sidewalks. Period. Fire and police protection are important too, Agenda Item #12.6.
2 but are already well‐funded. Citizens want these systems, services and properties to be well‐maintained and in good working order.
The CM should be held accountable for managing the overall effectiveness of these prioritized items. How has the CM done in addressing these priorities? Enough to earn a bonus? So, beyond the issue of whether the bonus is paid, I feel that accountability and transparency are vital to the success of the governing of St. Helena. What can be done to achieve those goals as it applies to items such as staffing, capital improvement projects, budgeting, pension liabilities, and other cost‐related items? The public should be provided with regular updates on these important items. There should be public meetings in which the City Council outlines the goals and priorities for the upcoming year. City staff should have reports and other data to support these goals and priorities.
I believe that there are many people in this City who would welcome a more active role in helping to shape our future. This does not have to become an adversarial situation. However, it does require a more open approach to managing and collaborating with the citizenry.
Sincerely,
Richard Corsetti
Agenda Item #12.6.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: November 14, 2023
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Authorization of a resolution approving: (1) Professional Services Agreement with West Yost to prepare a Condition Assessment for the Louis Stralla Water Treatment Plant
(LSWTP) CIP Project No. W18-111 for a not to exceed
cost of $267,428, (2) authorize a budget transfer of
$67,428 from Fund 561 Water Operations to Fund 763
Water Capital Improvement, and (3) authorize an increase to the Capital Improvement Project No. W118-111 from
$200,000 to $267,428.
RECOMMENDED
ACTION:
Approve the resolution and authorize execution of the
professional services contract and requested budget
amendment.
PREVIOUS COUNCIL
ACTION:
The City Council approved the 5-Year Capital
Improvement Program in June 2023 which included project W18-111 Louis Stralla Water Treatment Plant (LSWTP)
Condition Assessment for the purpose of developing shortand long-term needs of the LSWTP with a budget of $200,000 for engineering design/consultant services.
STATEMENT OF THE
PURPOSE:
Approving the resolution and authorizing the contract for services to complete CIP Project No. W18-111.
FINANCIAL IMPACT: Approved within the 5-Year CIP, Project No. W18-111 has $200,000 budgeted for FY 24 for design services funded
through the Water Capital Improvement fund. The
proposed contract from West Yost is for $267,428. Staff is requesting a budget transfer of $67,428 from the Fund 561 Water Operations to the Fund 763 Water Capital
Improvement and authorizing an increase in the budget for CIP Project No. W18-111 from $200,000 to $267,428. This action will leave the estimated Net Position in Fund 561 at 44%.
BACKGROUND:
The LSWTP was originally designed in 1979 with nominal treatment capacity of 4.3 million gallons per day (MGD), and treats raw water stored in Bell Canyon Reservoir.
The LSWTP currently includes chemical storage and metering (including sodium permanganate, aluminum sulfate, powdered activated carbon, sodium hypochlorite, sodium hydroxide, cationic polymer, and orthophosphate), pretreatment (including flash Agenda Item #12.7.
mixing followed by two parallel two-stage flocculation units and two parallel sedimentation basins), two granular media filters, one filtered water clearwell, treated water pumping, one filter backwash supply pump, and washwater clarification / sludge dewatering basins.
Raw water from Bell Canyon Reservoir is diverted to the LSWTP at an outlet structure located at the base of the reservoir’s dam. Modifications to the LSWTP in the mid-1990s included the following: abandonment of the original multi-cell automatic-backwash filter basin and adjacent high service pump station; construction of two new filters adjacent to the flocculation and sedimentation basins; construction of a new buried clearwell beneath the new filters; construction of a new filter backwash and high service pumping station; and modifications to the original washwater reclamation basins. The LSWTP’s control system provides monitoring of the facility, but limited remote control capabilities exist via the supervisory control and data acquisition (SCADA) system.
The City is concerned about the LSWTP facilities’ age and condition due to years of perceived deferred maintenance at the LSWTP and wishes to conduct an assessment of the existing LSWTP’s current condition, operational requirements, and associated risk levels. In the near term, the City is interested in identifying prioritized condition and operations-related improvements to the LSWTP to improve operational reliability and simplicity during the next 5 to 10 years, assuming a small number of operators working at the LSWTP. The longer-term plan for the LSWTP will be examined as part of a separate, future study.
West Yost Associates
West Yost has been the City’s contracted engineering support consultant with specialized knowledge of its water and wastewater systems and brings a range of expertise to the City of St. Helena. Public Works’ water and wastewater operations routinely need engineering support for the City's water and wastewater systems. The 2021 Integrated Utility Master Plan (IUMP) highlights needed improvements throughout the water/wastewater systems. West Yost was engaged to support the on-going need for water and wastewater specific support, starting with confirmation of the IUMP’s short-term projects (next five years). They are currently working on updating the city's Safe Yield and Water Neutrality Policies, Emergency water repairs to the water treatment and distribution system for brown water, and the Recycled Water Facilities Plan.
DISCUSSION:
As stated above the infrastructure of the LSWTP is aging. Recent issues regarding water discoloration have brought into question the condition and the lifespan of the facility. It is both prudent and fiscally responsible to conduct a proactive review of the infrastructure to be able to project both facility longevity as well as upgrade or repair expenditures, in advance of known deficiencies. The production of compliant, reliable Agenda Item #12.7.
and quality water is an obligation, and this study will allow us to identify and plan for necessary upgrades to service to maintain all three.
The scope of the contract will include the following:
Project management and coordination including kick-off workshop and bi-weekly check-in meetings to discuss direction, requirements and constraints. Data collection and review of historical documents, schematics, operating records and interviews with staff.
Conduct a condition and risk assessment of the LSWTP assets and remaining useful life analysis.
Develop recommendations for optimizing operations of the LSWTP with limited staff and with challenging water quality conditions.
Identify any age-related deficiencies among the control system hardware and software components.
Develop report for improvements related to CIP and Operations and Maintenance.
The resulting report will summarize evaluations, findings and document recommendations in a Condition Assessment Report that is estimated to take approximately 20 weeks after the city issues the Notice to Proceed.
ENVIRONMENTAL REVIEW: This is not a CEQA project.
DOCUMENTS ATTACHMENTS:
Resolution West Yost WTP Condition Assessment W18-111
PSA City of St. Helena WY WTP Condition Assessment
Attachment A: Scope of services for Louis Stralla WTP Condition Assessment W18-111 LSWTP Condition Assessment_Revised 11082023
Agenda Item #12.7.
CITY OF ST. HELENA
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA AUTHORIZING: (1) THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH WEST YOST FOR
ENGINEERING SERVICES TO PREPARE A CONDITION
ASSESSMENT FOR THE LOUIS STRALLA WATER
TREATMENT PLANT (LSWTP) CIP PROJECT NO. W18-111 FOR
AN AMOUNT NOT-TO-EXCEED $267,428, (2) A BUDGET
TRANSFER OF $67,428 FROM FUND 561 WATER
OPERATIONS TO FUND 763 WATER CAPITAL IMPROVEMENT,
AND (3) AN INCREASE TO THE CAPITAL IMPROVEMENT
PROJECT NO. W118-111 FROM $200,000 TO $267,428.
RECITALS
A. The Louis Stralla Water Treatment Plant (LSWTP) was originally designed in 1979 with nominal treatment capacity of 4.3 million gallons per day (MGD), and treats raw water stored in Bell Canyon Reservoir and with the only major modifications completed in the Mid-1990’s to add new filters, construction of the clearwell, and filter backwash.
B. The LSWTP’s control system provides monitoring of the facility, but limited remote control capabilities exist via the supervisory control and data acquisition (SCADA) system.
C. The City is concerned about the LSWTP facilities’ age and condition due to years of perceived deferred maintenance at the LSWTP and wishes to conduct an assessment of the existing LSWTP’s current condition, operational requirements, and associated risk levels.
D. The City is interested in identifying prioritized condition and operationsrelated improvements to the LSWTP to improve operational reliability and simplicity during the next 5 to 10 years, assuming a small number of operators working at the LSWTP.
E. West Yost has performed a number of water supply studies and projects for the City over the years, including the 2003 Urban Water Management Plan and 2010 Water Supply Plan. West Yost also assisted the City with an update to the water supply safe yield in early 2011 and West Yost is familiar with the City’s water supplies and facilities, including the City’s Bell Canyon Reservoir yield model, as well as opportunities and constraints in water supply availability and reliability.
Agenda Item #12.7.
F. West Yost is currently conducting a review of the Water Neutrality Policy and Safe Yield Analysis for the City.
G. West Yost is capable of performing this work within an appropriate duration and cost.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the execution of a contract with West Yost for an amount notto-exceed $267,428 for engineering services to conduct a condition assessment of the LSWTP for CIP Project W18-111 with the scope attached to this resolution as Exhibit A.
2. Authorize the City Manager to execute the contract with West Yost.
3. Authorizes a budget transfer allocation of $67,428 from Fund 561 Water Operations to the Fund 763 Water Capital Improvement.
4. Authorizes an increase to the Capital Improvement Project No. W118-111 from $200,000 to $267,428.
Approved at a Regular Meeting of the St. Helena City Council on November 14, 2023, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
AGREEMENT FOR PROFESSIONAL SERVICES
Engineering Services for Louis Stralla Water Treatment Plant Condition Assessment THIS AGREEMENT, made and entered into on November 14, 2023 by and between the City of St. Helena, located in the County of Napa, State of California (City), and West Yost Inc. (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as Engineering Services for Louis Stralla Water Treatment Plant Condition Assessment
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Scope of Services – Proposed Fee” attached hereto and made a part hereof. Total compensation shall not exceed $267,428.00 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice.
If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and confirms that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement (“Standard of Care”).
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant's duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including reasonable attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
Agenda Item #12.7.
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SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Agenda Item #12.7.
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Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under Agenda Item #12.7.
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no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Vanessa Apodaca, PE
Contract Manager
West Yost
2235 Mercury Way, Suite 105
Santa Rosa, CA 95407
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon 7 days written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.
SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: ______________________________ Name: Mark T. Prestwich Title:________________________________ Title: City Manager
Approved as to Form:
By: _________________________________
Agenda Item #12.7.
West Yost Inc. WTP Condition Assessment 11.23
Name: Ethan Walsh
Title: City Attorney
Agenda Item #12.7.
8950 Cal Center Drive
Bldg. 1, Suite 363
Sacramento CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
August 25, 2023 SENT VIA: EMAIL
Joseph Leach
Director of Public Works| City Engineer
City of St. Helena
1572 Railroad Ave
St. Helena, CA 94574
SUBJECT: Proposal for Engineering Services for Louis Stralla WTP Condition Assessment Dear Joseph:
The purpose of this letter is to present West Yost’s proposal for professional services for the City of St. Helena’s (City’s) Louis Stralla Water Treatment Plant (LSWTP) Condition Assessment Project (Project).
The following sections detail our understanding of the Project, our proposed scope of services and fee, our proposed project team, and a proposed schedule for the work.
PROJECT UNDERSTANDING
The LSWTP was originally designed in 1979 with nominal treatment capacity of 4.3 million gallons per day (MGD), and treats raw water stored in Bell Canyon Reservoir. The water treatment facility currently includes chemical storage and metering (including sodium permanganate, aluminum sulfate, powdered activated carbon, sodium hypochlorite, sodium hydroxide, cationic polymer, and orthophosphate), pretreatment (including flash mixing followed by two parallel two-stage flocculation units and two parallel sedimentation basins), two granular media filters, one filtered water clearwell, treated water pumping, one filter backwash supply pump, and washwater clarification / sludge dewatering basins. Raw water from Bell Canyon Reservoir is diverted to the WTP at an outlet structure located at the base of the reservoir’s dam. Modifications to the WTP in the mid-1990s included the following: abandonment of the original multi-cell automatic-backwash filter basin and adjacent high service pump station; construction of two new filters adjacent to the flocculation and sedimentation basins; construction of a new buried clearwell beneath the new filters; construction of a new filter backwash and high service pumping station; and modifications to the original washwater reclamation basins. The LSWTP’s control system provides monitoring of the facility, but limited control capabilities exist via the supervisory control and data acquisition (SCADA) system.
The City is concerned about the WTP facilities’ age and condition due to years of perceived deferred maintenance at the WTP and wishes to conduct an assessment of the existing WTP’s current condition, operational requirements, and associated risk levels. In the near term, the City is interested in identifying prioritized condition and operations-related improvements to the LSWTP to improve operational reliability and simplicity during the next 5 to 10 years, assuming a small number of operations staff working at the LSWTP. The longer-term plan for the LSWTP will be examined as part of a separate, future study.
Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
SCOPE OF SERVICES
Task 1. Project Management and Coordination
This task includes providing day-to day administration, scheduling, participating in bi-weekly calls, and conducting technical reviews.
Task 1.1 - Project Administration
The Project Manager will coordinate completion of work products and monitor progress of individual tasks, task budgets, and project schedule. The Project Manager will submit schedule updates and progress reports monthly.
Task 1.2 - Kickoff Workshop and Bi-weekly Check-in Meetings West Yost will attend a project kickoff workshop with the City to discuss the condition assessment, capital improvement alternatives, and other project requirements and constraints. Following the kickoff workshop, West Yost will prepare and submit meeting minutes. West Yost will regularly maintain an action item and decision tracking log.
West Yost’s Project Manager will conduct bi-weekly check-in conference call meetings with City staff to provide status updates on current and ongoing work activities.
Task 1.3 - Technical Reviews and QA/QC
The Principal-in-Charge, Project Manager, and a senior staff member not directly involved in the project will conduct technical reviews of all work products.
Task 1 Assumptions
• Bi-weekly check-in meetings will occur via teleconference software (e.g., Microsoft Teams) Task 1 Deliverables
• Monthly invoices and progress reports
• Kickoff workshop agenda, handouts, and presentation materials • Bi-weekly check-in meeting materials and minutes
• Action Items and Decision Log
• Detailed project Schedule with updates, as necessary
Task 2. Review of Available Information
Task 2.1 - Collect and Review Available Data
Prepare and maintain a list of items requested, the person responsible for collecting the information, when the information is needed by, and when the information was provided. Prioritize the Data Collection List to identify those items needed immediately versus items that will be needed later.
The data collection effort will include a review of the following:
• As-built drawings from 1979 and 1994 projects
• Network drawings and control system schematics
• Documentation related to compliance with America’s Water Infrastructure Act of 2018 (AWIA) Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
• O&M history from past 5-years, including recent repairs • Five years of raw and treated water quality data
• Current Operating Permit and five years of DDW Annual Sanitary Inspection Reports • City of St. Helena distribution system disinfection byproduct concentration data (in Excel format) and water quality complaints from past five years • Existing condition data from log books or CMMS
• Existing maintenance data from log books or CMMS
• Previous condition assessment or other reports for LSWTP Task 2.2 - Informational Interviews with City Staff
Upon completion of the review of available data, we will meet with City staff, including engineering and O&M staff, at the LSWTP site for a preliminary field assessment. We will gather information from informational interviews, including:
• Confirmation of asset list
• Access constraints
• Confined space requirements
• Past O&M experiences
• Current facility constraints / issues
• Current control system constraints / issues
• Methods of obtaining support for SCADA and any communication networks on site • Areas of concern and focus for analyses
Task 2 Assumptions
• City will provide all requested data electronically
• City will provide formatting requirements for current CMMS an/or asset management programs Task 2 Deliverables
• Data collection list
• Summary notes from informational interviews
• Updated facility asset list, as necessary
Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
Task 3. Condition Assessment
Task 3.1 – Prepare Condition and Risk Assessment Methodology A condition and risk assessment methodology will be prepared for the systematic evaluation of assets at the WTP. The condition scoring will be developed based on the following grading scale:
• Excellent
• Good
• Fair
• Poor
• Immediate Attention
Condition criteria will be in the following categories:
• Site/Civil
• Architectural
• Structural
• Process Mechanical
• Plumbing and HVAC
• Electrical, Instrumentation and Controls
• Communication networks
A risk assessment model will be developed using Microsoft Excel to calculate risk at the process level. The risk assessment will consider the likelihood of failure (LOF) and consequences of failure (COF). The LOF score will be based on physical mortality and diminished level of service or capacity. The COF score will be based on operations and maintenance considerations and regulatory compliance. The overall risk will be developed based on the following equation: Risk = (LOF x weighting factor in percent) + (COF x weighting factor in percent). The risk assessment will result in scores of 1 to 5 and be used to prioritize the projects in the CIP.
Task 3.2 - Field Assessments
West Yost will conduct a Level 1 field assessment consisting of visual assessments and non-invasive inspection and testing of facility assets (e.g., including the use of surface penetrating radar, concrete soundings, and pH measurements of reinforced concrete structures). The assessment will follow the methodology prepared in Task 3.1. The field assessment will be scheduled with City staff to obtain access.
West Yost and/or our subconsultants will perform up to two confined space entries into structures to perform inspections. Overall field assessment activities are expected to require up to three (3) days of onsite work by West Yost and our subconsultants.
Field assessments will focus primarily on the following asset categories/attributes which are understood by West Yost to be the City’s highest priority:
• Existing structures
• Electrical, instrumentation, and control system components • Process mechanical components, including process equipment, pumps, valves and piping Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
Process areas and facilities to be assessed include the following:
• Chemical storage and feed systems
• Raw water flow control valving
• Flash mixing
• Flocculation / sedimentation basins
• Filters
• Clearwell
• High service pump station
• Backwash pump
• Treated water bypass valve upstream of Tank 1
• Washwater lagoons
• Reclaimed water pump station
Task 3.3 – Data Analysis
West Yost will consolidate asset, condition, and risk data obtained in Tasks 2.1 through 3.2 in a format consistent with the City’s asset management program. If the City does not have a preferred format, West Yost will develop a format that is broadly appropriate for asset management purposes.
Task 3.4 - Condition Assessment and Remaining Useful Life Analysis Asset condition data will be evaluated to assign a condition score. The condition score will be applied to the asset and a consolidated asset and facility score will be developed. The remaining useful life of each asset will be estimated using 1) data generated under Task 3, and 2) published service life information, where available.
Task 3 Assumptions
• Field assessment activities will require no more than three (3) days of onsite work • The following facilities requiring confined space entry will be inspected: Raw Water / flash mix vault, one filter basin
• City staff will drain basins as necessary for confined space entry prior to the arrival of the field assessment team. Additional basins not slated for confined space entry will be lowered and/or drained at the City’s discretion and according to operational constraints Task 3 Deliverables
• Field assessment notes and photos
• Database and spreadsheet files used to develop data analysis • Consolidated asset, condition, and risk data
Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
Task 4. Operational Optimization Evaluation
Task 4.1 – Performance Data Analysis
West Yost will review and analyze five years’ (July 2017 through June 2022) of raw and treated water quality data from the existing LSWTP and additional data provided by the City that represent unusual and more challenging source water quality events. The purpose of the analysis will be to inform 1) an initial evaluation of the existing LSWTP’s ability to produce regulatory-compliant treated water and to satisfy customer expectations, and 2) recommendations for optimizing the operation of the LSWTP by a limited number of staff, particularly during more challenging water quality conditions. Key raw water quality parameters will include, but are not limited to: turbidity (for raw, settled and filter water); general mineral, total dissolved solids, hardness, alkalinity and pH data; microbiological data (including data for Cryptosporidium, Giardia, total and/or fecal coliforms, and E. coli); total organic carbon (TOC); dissolved organic carbon (DOC); paired (concurrent) UV254 monitoring data (if available); chemical dosage data; trihalomethane (THM) and five regulated haloacetic acids’ (HAA5) monitoring data for each of the City’s required local distribution system monitoring locations; and lead and copper monitoring data.
Task 4.2 – Control System Evaluation
West Yost will review the LSWTP’s existing control system. The purpose of the evaluation will be to identify any condition- or age-related deficiencies among control system hardware and software components, to identify opportunities for increased automation, and to establish a framework for facilitating remote access to the LSWTP’s SCADA system for both monitoring and control purposes.
Cybersecurity and policy considerations for both onsite networks and remote access will be included.
Task 4 Assumptions
• City will provide five years (2017-2022) of raw and treated water quality data for the existing WTP, plus additional relevant data from unusual and more challenging events during prior periods • City will provide records for existing pump curves and other mechanical equipment items Task 4 Deliverables
• Draft and final TM documenting the optional task(s) implemented • Database and spreadsheet files used to develop performance and resiliency analyses Task 5. Develop Capital and O&M Improvements
Capital and O&M improvement recommendations will be developed for the LSWTP based on the results of Tasks 3 (and 4, if executed by the City). The recommendations will evaluate broader facility improvement recommendations versus individual improvements. Recommendations will include and/or identify:
• Immediate, near-term and long-term rehabilitation, reconditioning and/or repair to equipment and structures or modifications
• Impacts of recommended improvements on treatment capacity and when improvements can be scheduled to minimize constraints on LSWTP’s current capacity • Re-inspection frequencies
• Maintenance modifications
• Repair or replacement analysis
• Redundancy improvements
Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
• Prioritized repairs and replacements, including capacity-based triggers • Costs for each improvement at a Class 5 AACE level (project maturity of 0% to 2% definition) • Implementation plan schedule and phasing
Task 5 Assumptions
• Cost estimates will be Class 5 AACE level
Task 5 Deliverables
• Draft prioritized capital and O&M improvement descriptions, costs and schedules Task 6. Prepare Condition Assessment Report
A draft report summarizing evaluations, findings, and recommendations will be produced and will include the analysis and all condition- and capacity-based recommendations. A draft report will be produced and submitted to the City for review and comment. Upon receipt of comments, West Yost will produce a final report incorporating City comments. All reports will be produced in portable data format (i.e., PDF). A preliminary list of report chapters is provided below:
• Facility Description and Project Background
• Condition Assessment Methodology
• Condition Assessment Results
— Structures
— Process Equipment and Piping Systems
— Electrical, Instrumentation and Control Systems
— Networking and Cybersecurity Capabilities
• Recommended Capital and O&M Improvements
West Yost will prepare for and lead a workshop presenting the draft report to City staff.
Task 6 Assumptions
• City will provide a single consolidated set of comments on draft Report Task 6 Deliverables
• Draft and Final Report
• Preparation and leadership of a draft report review workshop at City offices • Final prioritized capital and O&M improvement descriptions, costs and schedule Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
PROPOSED FEE
West Yost will perform the proposed scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2023 Billing Rate Schedule (Attachment A), with a not-to-exceed budget of $267,428, as shown in Table 1.
Table 1. Proposed Fee
Task Description Proposed Fee, dollars
Task 1. Project Management and Coordination 20,032
Task 2. Review of Available Information 29,591
Task 3. Condition Assessment 78,922
Task 4. Operational Optimization Evaluation 21,008
Task 5. Develop Capital and O&M Improvements 46,572
Task 6. Prepare Condition Assessment Report 71,303
Total Proposed Fee $267,428
Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.
PROJECT TEAM
Andy Smith will serve as the Project Manager for the project. Andy has 18 years of experience in treatment facility design and planning work. Andy will be supported by Andy Rodgers (Principal-in-Charge), Craig Thompson (Technical Advisor), Austin Oerding (Project Engineer) and Tim Banyai (QA/QC). Electrical and instrumentation engineering will be provided by Sharon Kimizuka of A T.E.E.M. Structural engineering will be provided by Brad Friederichs of VE Solutions. Finally, confined space entries and corrosion and coatings assessments will be provided by Manny Najar of V&A.
PROJECT SCHEDULE
West Yost will coordinate the schedule for the completion of this work with the City upon award of Contract. A preliminary project milestone schedule is provided in Table 2. Completion of each task is estimated from the project Notice to Proceed (NTP).
Table 2. Project Schedule
Activity / Deliverable Anticipated Milestone Date
Internal Kickoff Meeting NTP + 0 weeks
External Kickoff Meeting (with City) NTP + 2 weeks
Informational Interviews with City Staff NTP + 6 weeks
Field Assessments NTP + 10 weeks
Draft Condition Assessment Report NTP + 16 weeks
Report Review Workshop NTP + 18 weeks
Final Condition Assessment Report NTP + 20 weeks
Agenda Item #12.7.
Joseph Leach
August 25, 2023
N-M-C-City of St. Helena-LP-Louis Stralla WTP
Thank you for providing West Yost the opportunity to be of continued service to the City of St. Helena.
We look forward to working with you on this important project. Please call if you have any questions or require additional information.
Sincerely,
WEST YOST
Andy Smith, PE
Project Manager
RCE #74673
Attachment A: West Yost 2023 Billing Rate Schedule
Agenda Item #12.7.
West Yost 2023 Billing Rate Schedule
Attachment A
Agenda Item #12.7.
(Effective January 1, 2023 through December 31, 2023)*
POSITIONS
ENGINEERING
Principal/Vice President $338
Engineer/Scientist/Geologist Manager I / II $319 / $334 Principal Engineer/Scientist/Geologist I / II $288 / $307 Senior Engineer/Scientist/Geologist I / II $259 / $272
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $125
Administrative I / II / III / IV $92 / $115 / $138 / $152
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $332 / $334
Principal Tech Specialist I / II $305 / $315
Senior Tech Specialist I / II $279 / $291
Senior GIS Analyst $252
GIS Analyst $239
Technical Specialist I / II / III / IV $178 / $203 / $228 / $254 Technical Analyst I / II $128 / $152
Technical Analyst Intern $103
Cross-Connection Control Specialist I / II / III / IV $133 / $144 / $162 / $180 CAD Manager $201
CAD Designer I / II $156 / $176
CONSTRUCTION MANAGEMENT
Senior Construction Manager $322
Construction Manager I / II / III / IV $197 / $211 / $224 / $283 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $172 / $191 / $213 / $221 Apprentice Inspector $156
CM Administrative I / II $83 / $112
Field Services $221
2023 Billing Rate Schedule
LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2
Agenda Item #12.7.
(Effective January 1, 2023 through December 31, 2023)*
Equipment Charges
EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
BILLING RATES
2023 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
Agenda Item #12.7.
WTP Condition Assessment
Category:
Project Louis Stralla Water Treatment Plant
(APN 021-420-019)
Water
Project No: W18-111
Location:
Responsible
Department:
2023-24 2024-25 2025-26 2027-28
PROJECT
TOTAL
EXPENDITURES
(Thousands of Dollars)
2026-27
Total YTD
05/16/23
3110 - Design 267,428 267,428
EXPENDITURE TOTALS 267,428 267,428
FUNDING SOURCES
763-Water Capital Improvement 267,428 267,428
763-Water Capital Improvement - Debt 0
FUNDING TOTALS 267,428 267,428
PROJECT PURPOSE & DESCRIPTION: This is an assessment to develop short and long term needs of the Louis Stralla Water Treatment Plant.
NOTES: FY24 - included in proposed Rate Study w/ proposed schedule for project delivery.
EXPENDITURE ACCOUNTS:
Fund: 763 Dept: 5030
40 Agenda Item #12.7.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: November 14, 2023
FROM: April Mitts, Assistant City Manager
SUBJECT: Consideration and proposed approval of a Resolution supporting Napa Valley Transportation Authority's (NVTA) intention to place a measure on the November 2024 ballot with a Sales Tax Replacement Measure.
RECOMMENDED
ACTION:
Adopt the attached Resolution supporting NVTA intention to request the NVTA Board proceed with a November
2024 ballot measure.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Seek Council support for NVTA's intention to place a
Measure on the November 2024 ballot.
FINANCIAL IMPACT: None.
BACKGROUND:
Measure T is a countywide 1/2 cent sales tax approved by the voters in 2012. The Measure became operative in 2018 and will expire in 2043. The Measure stipulates a percentage distribution to the jurisdictions of the of the roughly $25 million in annual revenues for the purposes of maintaining and repairing local streets and roads, which includes maintenance and upgrades to other infrastructure within the roadway, including sidewalk, curb and gutter, as well as complete street amenities. NVTA receives 1% to administer the Measure. An additional $70,000 (adjusted by CPI) is reserved for the Independent Taxpayer Oversight Committee, which is a citizen group to advise the NVTA-TA (Napa Valley Transportation Authority - Tax Agency) Board on activities associated with the Measure.
DISCUSSION:
From April to June 2023, NVTA conducted opinion research on the feasibility of a November 2024 ballot measure which would replace Measure T. Based on the research, NVTA has set a schedule to seek approval from the Board to proceed with the ballot measure. The 13-member NVTA Board of Directors consists of the mayor and one councilmember from each of Napa County's five incorporated jurisdictions, two members of the Napa County Board of Supervisors, and one ex-officio representative from the Paratransit Coordinating Council.
Proposed Changes, as presented at the September 27, 2023 NVTA-TA Board meeting are as follows:
Agenda Item #12.8.
The new Measure would replace Measure T and:
Increase the number of years the Measure is in place to 30 years, beginning in 2025 until 2055.
Allow bonding.
Replace the existing distribution to the jurisdictions with a return to source/lane mile formula which would be memorialized in the ordinance and updated to reflect changes in development on a 3-5 year schedule to be determined. Include a set aside for highway improvements; financial modeling in 2021 showed that $60 million could be pulled out and jurisdictions would still be able to improve individual pavement condition scores.
Remove the 6.67% equivalent requirement and consider other options for funding bike and pedestrian infrastructure. The existing 6.67% equivalent provision requires that the jurisdictions collectively commit to funding class 1 facilities in the amount equivalent to 6.67% of Measure T annually using other eligible revenues.
Address the inequity between jurisdictions on how much their current maintenance of effort amounts are. Measure T requires that jurisdictions fund an amount equal to an average of general fund expenditures spent on road repair (FY 2007-08, FY 2008-09, and FY 2009-10).
It is the intention of NVTA to submit to their Board a recommendation to proceed with the November 2024 ballot measure. If approved by the Board, the draft ordinance will be released for circulation to the Cities, Towns, and County for approval, then submitted to the County Board of Supervisors.
Table 1 provides highlights of the timeline presented to the NVTA-TA Board for placing the Measure on the November 5, 2024 ballot.
Table 1 - Schedule
Measure Extension - Timeline Timing
Polling April - June 2023
Finalize draft proposed ordinance changes November - December 2023 Approval of NVTA-TA Board to Proceed January 2024
Attend Stakeholder Meetings September 2023 - October
2024
Approval of ordinance by jurisdictions April - May 2024 Final approval of NVTA-TA and NVTA Board
Approval May - June 2024
Approval of ordinance by County June - July 2024
DOCUMENTS ATTACHMENTS:
Agenda Item #12.8.
Resolution Supporting NVTA's Intention to Place a Measure on the November 2024 Ballot
Agenda Item #12.8.
CITY OF ST. HELENA
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA SUPPORTING NAPA VALLEY TRANSPORTATION
AUTHORITY’S INTENTION TO PLACE A MEASURE ON THE
NOVEMBER 2024 BALLOT WITH A SALES TAX
REPLACEMENT MEASURE.
RECITALS
A. Measure T is a countywide 1/2 cent sales tax approved by the voters in 2012; and
B. Measure T became operative in 2018 and will expire in 2043; and C. The Measure stipulates a percentage distribution to the jurisdictions of the of the roughly $25 million in annual revenues for the purposes of maintaining and repairing local streets and roads, which includes maintenance and upgrades to other infrastructure within the roadway, including sidewalk, curb and gutter, as well as complete street amenities; and
D. NVTA receives 1% to administer the Measure and an additional $70,000 (adjusted by CPI) is reserved for the Independent Taxpayer Oversight Committee, which is a citizen group to advise the NVTA-TA (Napa Valley Transportation Authority - Tax Agency) Board on activities associated with the Measure; and
E. From April to June 2023, NVTA conducted opinion research on the feasibility of a November 2024 ballot measure which would replace Measure T and based on the research, NVTA has set a schedule to seek approval from the Board to proceed with the ballot measure; and F. The 13-member NVTA Board of Directors consists of the mayor and one councilmember from each of Napa County's five incorporated jurisdictions, two members of the Napa County Board of Supervisors, and one ex-officio representative from the Paratransit Coordinating Council; and G. The proposed changes, as presented at the September 27, 2023 NVTATA Board meeting are as follows:
The new Measure would replace Measure T and:
Agenda Item #12.8.
• Increase the number of years the Measure is in place to 30 years, beginning in 2025 until 2055.
• Allow bonding.
• Replace the existing distribution to the jurisdictions with a return to source/lane mile formula which would be memorialized in the ordinance and updated to reflect changes in development on a 3-5 year schedule to be determined.
• Include a set aside for highway improvements; financial modeling in 2021 showed that $60 million could be pulled out and jurisdictions would still be able to improve individual pavement condition scores. • Remove the 6.67% equivalent requirement and consider other options for funding bike and pedestrian infrastructure. The existing 6.67% equivalent provision requires that the jurisdictions collectively commit to funding class 1 facilities in the amount equivalent to 6.67% of Measure T annually using other eligible revenues.
• Address the inequity between jurisdictions on how much their current maintenance of effort amounts are. Measure T requires that jurisdictions fund an amount equal to an average of general fund expenditures spent on road repair (FY 2007-08, FY 2008-09, and FY 2009-10); and
H. It is the intention of NVTA to submit to their Board a recommendation to proceed with the November 2024 ballot measure. If approved by the Board, the draft ordinance will be released for circulation to the Cities, Towns, and County for approval, then submitted to the County Board of Supervisors.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Support Napa Valley Transportation Authority’s intention to place a measure on the November 2024 ballot with a Measure T Sales Tax Replacement Measure as noted in the Recitals.
Agenda Item #12.8.
Approved at a Regular Meeting of the St. Helena City Council on November 12, 2023, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #12.8.
Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Finance
DATE: November 14, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Introduction and first reading of an Ordinance updating Chapter 3.32 related to development impact Fees, and
approval of a Resolution adopting updates to the City's Development Impact Fees
RECOMMENDED
ACTION:
Introduce and waive first reading of an ordinance
(Attachment B) amending Title 3 Revenue and Finance,
Chapter 3.32 Development Impact Fees related to such
fees; and approve a resolution (Attachment C) adopting
the findings of the Development Impact Fee Update Study and updating the City's development impact fees.
PREVIOUS COUNCIL
ACTION:
November 24, 2015 - Approval of Professional Services
Agreement with Willdan Financial Services.
November 14, 2017 - Approval of Amendment #1 for
Water and Wastewater Impact Fees.
October 9, 2018 - Approval of Amendment #2 to Update
Cost Allocation Plan.
August 24, 2021 - Approval of Amendment #3 to Add
Commercial Linkage Fee Analysis.
July 25, 2023 - Approval of Amendment #4 for Additional Funding to Complete User Fee Study.
August 8, 2023 - Approval of Amendment #5 for Additional Funding to Complete the Development Impact Fee Study.
STATEMENT OF THE
PURPOSE:
The purpose is to adopt Development Impact Fee study
and implement the newly adopted fees by February 1,
2024.
FINANCIAL IMPACT: Adoption of the development impact fee study do not have a financial impact, but the implementation of the new fees on February 1, 2024 will have an impact on future
revenues based on activity associated with those fees,
which is estimated to be an annual decrease in revenues of $162,000 based on an average of the last three fiscal years of activities.
BACKGROUND:
Cities must regularly update Development Impact fees and User Fees in order to recover costs that are attributable to certain services and for which benefits accrue to specific limited number of individuals or businesses. At the current time, the City has Agenda Item #13.1.
been experiencing a gap in the revenue collected, relative to expenditures and expectations for services. There are several underfunded city operational functions, and the infrastructure, parks, roads, and other facilities are visibly displaying the impact of underinvestment. As a result, the City is exploring several stable revenue generating alternatives including a real estate transfer tax ballot measure in November 2024. It is also important that the City update its fees to allow for more accurate recovery of its costs.
Development impact fees are charged to new development and support upgrades to the City’s infrastructure necessitated by such development and are generally paid as a requirement to obtain a building permit. The last development impact fee study was completed in April 2013 and an updated development impact fee schedule was adopted by the City Council on November 12, 2013 through Ordinance 2013-2.
In September 2015, staff issued a Request for Proposals for a Full Cost Services and Development Impact Fee Study to include a cost allocation plan, user fee study, and a development impact fee study. On October 9, 2015 the City received four proposal which were reviewed by City staff and an outside consultant. In November 2015, the City selected Willdan Financial Services to conduct a Full Cost Services and Development Impact Fee Study and entered into a professional services agreement on November 24, 2015 by Resolution 2015-146.
DISCUSSION:
Development Impact Fee Study
The City imposes development impact fees on development projects to mitigate the impacts caused by new development on public services, infrastructure, and facilities.
Development impact fees are subject to Government Code §§66000-66025 known as "the Mitigation Fee Act" and commonly referred to as "AB 1600 Requirements".
Adoption of a development impact fee requires compliance with the Mitigation Fee Act and prior to any action establishing, increasing, or imposing a fee as a condition of approval of a development project, a local agency must:
1. Identify the purpose of the fee;
2. Identify the specific uses of the fee;
3. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and
5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed.
Impact fee revenue must be spent on new facilities or expansion of current facilities to serve new development. Facilities can be generally defined as capital acquisition items Agenda Item #13.1.
with a useful life greater than five years. Impact fee revenue can be spent on capital facilities to serve new development, including but not limited to land acquisition, construction of buildings, construction of infrastructure, the acquisition of vehicles or equipment, information technology, software licenses and equipment.
Study Objectives
The primary policy objective of a public facilities fee program is to ensure that new development pays the capital costs associated with growth. Policy LU1.1 of the General Plan states: “Require new development to occur within well-defined boundaries and be consistent with the ability to provide urban services. New development should mitigate infrastructure impacts by using sustainable, best management practices in green building and stormwater management and paying its share of development impact fees, while minimizing impacts on sewer, water, energy, and natural resources.” Willdan utilized the City's most current available facility plans and growth projections to calculate the maximum justified fees, which will enable the City to expand its inventory of public facilities as new development leads to increases in service demands.
Study Methodology
The six steps followed in the development impact fee study were as follows:
1. Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities;
2. Identify facility standards: Determine the facility standards used to plan for new and expanded facilities;
3. Determine facilities required to serve new development: Estimate the total amount of planned facilities, and identify the share required to accommodate new development;
4. Determine the cost of facilities required to serve new development: Estimate the total amount and the share of the cost of planned facilities required to accommodate new development;
5. Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the development impact fee schedule; and
6. Identify alternative funding requirements: Determine if any non-fee funding is required to complete projects.
One of the key public policy issues in development impact fee studies is to identify the facility standards to document a reasonable relationship between new development and the need for new facilities. There are three approaches used to calculate facilities standards and allocate the costs of planned facilities to accommodate growth in compliance with the Mitigation Fee Act requirements in this study. Existing Inventory - This approach is based on a facility standard derived from the City’s existing level of facilities and existing demand for services and is often used when a long-range plan for new facilities is not available.
Agenda Item #13.1.