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HomeMy WebLinkAboutStaff Report 3.C 02/04/2013 • Ag,entactiItevw #3 .0 `cAL 4t 4 sln9 I85S DATE: February 4, 2013 TO: Honorable Mayor a e Members of the City Council through City Manager e FROM: Dan St. John. F.A "—I ., or. Public Works & Utilities Larry Zimmer, P.E. — Capital Projects Manager SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement for Engineering and Inspection Services During Construction for the Recycled Water Pump Station Upgrades Project RECOMMENDATION • It is recommended that the City Council adopt the attached Resolution authorizing the City Manager to execute a Professional Services Agreement with ArcSine Engineering, Inc. for engineering and inspection services during construction of the Recycled Water Pump Station Upgrades project. BACKGROUND The Recycled Water Pump Station Upgrades project involves mechanical, electrical and instrumentation improvements to the recycled water pump stations and related facilities and is more thoroughly discussed in a companion memo for the project's construction contract award on the February 4°i Council Agenda. City staff does not have the resources or expertise to perform construction engineering services, including inspection of the mechanical and electrical components of the Recycled Water Pump Station Upgrades Project. ArcSine Engineering has satisfactorily completed the design of the project and is the logical choice to perform engineering and inspection services during construction. Construction is scheduled to begin in March 2013 and is expected to be completed by the end of December 2013. The proposed action meets Council Goal: "Plan for and implement priority capital projects as funding permits" DISCUSSION Overall construction management will be conducted by City staff; however, due to the complexity of this project, specialty electrical, mechanical, instrumentation and structural inspection is needed to augment City staff. ArcSine Engineering has demonstrated the ability to provide superior construction phase services including inspection on prior City projects, and on Agenda Review: City Attorney a._ Finance Dir-a ity Manager utility projects of similar complexity and magnitude in the region. Their staff is very familiar with the project, city facilities, and our operations and maintenance staff. ArcSine is the engineering design firm of record (engineer of record signs and seals the plans and specifications indicating they were prepared by, or under the responsible charge of the licensed engineer) and currently supports the instrumentation and programming of electrical and mechanical systems for the Ellis Creek Water Recycling Facility (ECWRF) and the City sewer pump stations. ArcSine's engineering services are needed during construction for review of submittals, engineering clarifications and responses to the contractors request for information (RPI's). In addition, ArcSine will provide programming and integration services for the System Control and Data Acquisition (SCADA) system To be more cost effective, ArcSine staff will be on-site to perform engineering services during construction, programming tasks, and inspection services. In conjunction with the award for construction of the Recycled Water Pump Station Upgrades Project, City Staff recommends the execution of the attached Professional Services Agreement in the amount of$325,000 to ArcSine for engineering, programming, and inspection services during construction of the project. FINANCIAL IMPACTS The total FY budget for this project (C66400902) is $3,341,000. The services proposed under this PSA include: engineering services during construction ($149,270), inspection services ($80,754), and programming ($94,976). The CIP budget included $300,000 for construction management which covers the inspections and construction engineering elements of the contract. Programming of the equipment was included in the"construction contract" budget line item and is not normally part of construction management. Upon project completion, the project fund balance will be returned to the Recycled Wastewater CIP. ATTACHMENTS 1. Resolution 2. PSA 3. Location Map • 2 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT TO ARCSINE ENGINEERING, INC. FOR ENGINEERING AND INSPECTION SERVICES DURING CONSTRUCTION FOR THE RECYCLED WATER PUMP STATION UPGRADE PROJECT WHEREAS, the City of Petaluma wishes to upgrade the recycled water pump stations; and WHEREAS, this project requires the services of a quality professional engineering firm familiar with the project and experienced in pump station design, construction inspection and programming; and WHEREAS, AreSine is very familiar with the project, city facilities, operations and maintenance staff and is the engineering design firm of record providing support to the instrumentation and programming of electrical and mechanical systems for the Ellis Creek Water Recycling Facility (ECWRF) and the City sewer pump stations; and WHEREAS, ArcSine's ability to produce superior quality work on complex engineering projects has been demonstrated with over 25 years of engineering, inspection services and programming for Northern California municipalities; and WHEREAS, staff recommends the City execute a professional services agreement with ArcSine for design and inspection services during construction for the Recycled Water Pump Station Upgrade Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: 1. Authorizes the City Manager to sign the attached Professional Services Agreement for engineering and inspection services during construction with ArcSine in support of the Recycled Water Pump Upgrade Project in the amount not to exceed $325,000. 3 • Attachment 2 PROFESSIONAL SERVICES AGREEMENT Engineering and Inspection Services During Construction for the Recycled Water Pump Station Upgrades Project. (Title of Project) FY 12/13 Fund#6600 Exp. Acct. #30700-54152 Project#C66400902 Amount$230 024 For multi-year contracts or contracts with multiple accounts: FY 12/13 Fund#6600 Exp.Acct.#30600 Project#C66400902 Amount$94,976. FY Fund# Exp. Acct. # Project# Amount$ FY Fund# Exp. Acct:# Project# Amount$ FY Fund# Exp. Acct.# Project# Amount$ FY Fund# Exp. Acct. # Project ft Amount$ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and ArcSine Engineering, Inc., a California Corporation ("Consultant") (collectively, the"Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein: THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed 5325,000 without prior written authorization of the City Manager. Further, no compensation for a section or work program component ataached with a cperifir hndget.shall.be exceeded wit_hnnt_ pnnr written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department current information requested on the "Vendor Information" form available from City, and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEM ENT—PREVAILING WAG ES(City) 4 (iManage#1037730)June 201 I E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on March 31, 2014, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early•termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the-same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for-satisfactory performance of Consultanes obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 2 PROFESSION AL SER VICES AGREEM ENT-PREVAILING WAG ES(City) 5 Manage a 1037730)June 201 I 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services; 1I. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall hot acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports,.or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without-the prior .ittene nsentosr .y:--- 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of pertbrnance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 3 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(City) 6 (iManogo 41037730)J une 2011 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, Paws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit C, which is attached to and made a part of this Agreement. 19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit D, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as detennined by the City, must provide a properly completed Exhibit D in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof 20. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below Cr to-such oth er address as-3-Party may designate.by-written- notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; 4 PROFESSIONAL SERVICES AGREEMENT--PREVAILING WAGES(City) 7 (iManage C 1037730)June 2011 (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which ease notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered. by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if - it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk @ci.petaluma.ca.us And: Dan St. John, F. ASCE—Director. Dept. PW&U Department of Public Works and Utilities 202 N. McDowell Blvd. Petaluma, CA 94954 Phone: (707) 778-4546 Fax: (707)778-4508 Email: dstjohn petaluma.ca.us Consultant: Douglas McHaney, P.E. ArcSine Engineering, Inc. 950 Executive Drive Redding, CA 96002 Phone: (530) 222-7204 Fax: (530) 222-7210 Email: dmchaneygarc-sine.corn 22. Ownership of Documents. All original papers, documents or computer material on disk or microlihfi, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or-his or her designated representative. 23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own -o 1ensc u dari u.ui)J det n d w uu-counsel-acceptable U he h:.y, (wuich aLceptanc C will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in 5 PROFESSIONAL SERVICES AGREEM ENT—I'REVA ICING WAG ES(City) 8 (iManage#1037730)June 2011 connection. the Services or.Consultant's failure to comply with any of the terms of this"Agreeinent;,regatdless of any fault Or alleged faultofthe Indemnitees. • The Consultant's,obligation to indemnify, defend+and hold'harmless under this provision shall notbe excused because of the'Consultant's inability to evaluate Liability,or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the;Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender; Consultant agrees to fully reimburse all costs, including but not limited to attorney's'fees and costs and fees of litigation, incurred by the City in filing • such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the.Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be.amended from time to time, Consultant's duty'to-indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding-the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8,as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-1, "B 2 -8-3, "or "B-4. 1 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties: --76_ I,tte"ti011. If-litigation- .:hick-pertains t, th. "bject- natte of C,. sultant-'s services'hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 27. Construction.. This Agreement is the product of negotiation and compromise on the part of both Parties and that.the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 6 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(City) 9 (iManage W 1037730)June 2011 28. Governing Law,Venue. This Agreement shall be enforced and interpreted under the laws of,the State,of°California and the City of-Petaluma. Any action arising from or brought in connection with this Agreement shall.be venued in a court of competent jurisdiction in the County of Sonoma, Sfate of California. 29. Non-Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in Rill force and effect. 30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Party Beneficiaries. The Parties do,not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) ;years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or.documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is.mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution,_disbandment or termination of_Consultant's __ business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access, to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 7 PROFESSIONAL SERVICES AGREEMENT-PREVAILING WAGES(City) l o °Manage HI 037730)J une 2011 • • 34. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation.or coristruction of any provisions herein. 35. Survival. All obligations arisirig•;ptior to the termination orexpiration of this Agreement and all provisions of this Agreement allocating; liability between City and Consultant shall survive the termination or expiration of this Agreement. 36. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between.the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS.WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA . CONSULTANT By \ /� City Manager Na ATTEST: s,°LA Title co eci`h wwi City Clerk - Address APPROVED AS TO FORM: "'^5 Cyt- '76 60-2_ City State Zip Q1/-21/776 W City Attorney Taxpayer I.D.Number APPROVED: i'OHI (6, Petaldma Business Tax Certificate Number Department Director APPROVED: • Risk Manager APPROVED: Finance Director RW\C66400902 RW Piaui Operades4l4feements • PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(City) (iManage k1037730)June 2011 11 F CITY OF PETALUMA,'CALIFORNIA RECYCLED'WATER PUMP'STATION UPGRADES ENGINEERING and INSPECTION'SERVICESDURING CONSTRUCTION Exhibit A SCOPE OF WORK ArcSine Project 0829/T10 January 2013 A. INTRODUCTION This Scope of Work describes Engineering and Inspection Services During Construction for the City of Petaluma Recycled Water Pump Station Upgrades project. This Scope is based on an anticipated construction schedule of March 2013 through-December 2013, with project closeout activities following. • B. PROJECT OVERVIEW Upgrades to Petaluma's Recycled Water System result in construction work at multiple sites, including the following: 1. 3W Pump Station Improvements 2. 3W Pump Station Flow Monitoring 3. URW Pipeline/Intertie 4. Polishing Wetlands Upgrade 5. Booster Pump Station No. 2 • 6. Brown's Lane Pressure Reducing Valve(PRV) The Engineering Services During Construction and Construction Inspection work described in this Scope will support the construction efforts. The Onsite ArcSine Construction Inspection work described in Part D of this Scope involves both Office Engineering and Field Construction Inspection. The overall Construction Inspection role will be divided between the City and ArcSine. The City, as the Construction Manager,,will remain in-charge of all contractual agreements with ArcSine's support. AreShie wilt be on site regularly, and continuously during heavy activity and for inspections and startup. The programming work described in this Scope will implement the upgrades into City Wastewater Supervisory Control and Data Acquisition(SCADA). C._. TASK l_.—SERVICES DTIRING_CONSTRUCTION_ —_---.-----____ Task 1.1 —Preconstruction Meeting Prepare•meeting agenda, attend meeting, publish minutes. Allow for 8 hours electrical/I&C and S hours mechanical. (Attendance by structural is not included.) Page 1 of6 C'.\Users\dhiIl\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R3HVMJA6\Exhibit A-Scope.doc 12 s. Task 1.2—Develop Project Submittal List • Prepare a detailed submittal list, and provide it to the Contractor. Allow 6 hours etectrical/I&C, 6 hours mechanical, and 1 hour structural. Task 1.3—Submittal Reviews and Tracking • Review submittals, issue formal responses. • Allow for the following resources for submittal reviews: o First round submittals: 308 hours, plus clerical. o Second round submittals: 119 hours, plus clerical. o Third round submittals: 10 hours, plus clerical. o Fourth round submittals: none. • Hours include the time required to receive, log, review, senior review of the response, log outgoing, and transmit. • The estimates above are based on"typical"submittal packaging. For example, combining multiple items in one large submittal would require the review effort comparable to multiple smaller submittals'. • The estimates above also assume that deficient submittals will be summarily rejected, with minimal to no review. (That is, partial reviews and offline coordination will not he undertaken.) Task 1.4—Design Clarifications and Tracking • Outside of the RFI process, issues will come up which warrant a design clarification. • Allow for six clarifications at 6 hours each, plus drafting and clerical. Task 1.5—RFI Reviews and Tracking • Receive and review RFIs. • Respond to Contractor-developed RFIs. Track. • Allow for 20 RFIs at 6 hours each, plus clerical. . Task 1.6—Change Order Development and Tracking • Develop/review change documentation, including pricing. • Respond to change development. Track. • Allow for eight changes at 6 hours each, plus drafting and clerical. • Allow for eight Contractor negotiations, at 3 hours for each, average. Task 1.7—Consultation • In addition to the formal RFI and submittal process, inquiries from Contractor and City personnel will be made. Included would be supporting the City informally in the City's duties,such as assisting in evaluating pay requests. Page 2 of 6 . C:\Users\dhill\■ppDala\Local\Microsoft\WindowsVremporary Internet Files\Content.Outlook'A3HVMJA6\Exhibit A-Scopc.doc 13 r^^ P v • • r • Allow for 4 hours per week average over the approximately 12-month Contract period: Task 1.8—As-Built Drawings • • Receive the Contractor's red marks on Contract Drawings. Draft. • This task does not include field verification of the Contractor's marks. •. This task does not include field verification to identify any omissions in the-Contractor's red marks. • Allow for modifications to 61 sheets at an average of 20 minutes per sheet for drafting and 15 minutes per sheet for interpretation, handling, and backchecking. Task 1.9—Management and Tracking • This task includes management and tracking of ArcSine's work, particularly in optimizing the work,,and evaluating progress and budget. Prepare monthly status reports (narrative and budget-wise). • Allow for 4 hours per month for 12•months. • This task also includes overall recordkeeping of project documentation, and•categonzing it in a manner similar to that used at the WRF (but very abbreviated in comparison). At project conclusion, assemble the documentation, and present the documents and the index, to befiled at the WRF.. • Allow 4 hours per month for 12 months (on average), plus 24 hours tinie-to assemble documents at project conclusion. D. TASK 2—ONSITE CONSTRUCTION INSPECTION Task 2.1 —Attend Weekly Construction Meetings • Attend construction meetings; some by conference call, some in.person as a function of the activities underway. Prepare a standing agenda, take minutes, and track action•items.. • Weekly meetings won't be weekly throughout the entire project duration. During,periods of heavy'activity, they will be weekly. • Meetings are generally expected to be scheduled in concert with field,activities, to achieve overall efficiencies. When multiple meetings are required!in any week, the meetings will-generally bescheduled for the same day. • During periods of cutovers, the weekly meeting will also review cutover plans and procedures and provide a forum for coordination. • Allow for 52 2-hour weekly meetings over the expected course of the Contract. In addition, allow for ten additional.special meetings for as-needed topics such as partnering, change.negotiations,.problcm resolutions, or other topics required. Make allowance for one or two ArcSine attendees at each meeting, as circumstances dictate. Task 2.2—Inspection and Field Directives • In conjunction with the weekly onsite meetings, perfomm.construction observation of work underway, including electrical, mechanical, instrumentation and structural. Prepare a.brief construction observation report for project records, and maintain a'running list of open items for use in the.weekly,meetings. • In addition to observation coincident with ongoing meetings, be present orn site for other periods when applicable activities are underway. Page 3of6 C:\Users\dhill\AppData\Locai\Microsea\Windows\7-cmpotary Intranet Files\Content.Outlook\R3HVM1 A6\Exhibit A-Scope.doc l 4 • V« • For routine, no-cost or low-cost;items,'coordinate with the'Contractor and with the City; and issue written Field Directives on the spot as a streamlined approach to decisionniaking,and project°documentation. Provide to the City records for inclusion of Field liirectives,in;formal Change,Order'documentation, where applicable. • Take and log photographs as part of the City's ongoing and:permanent record. (The Construction Contractor is obligated to submit photo records ofwork. Additional photos will-be taken by ArcSine.) • Review project baseline and ongoing schedules. • Allow for 40 person-days on site in this role, over the course of the Contract. • Force account work is not expected, and no line items are included in the estimate: If force account work occurs, ArcSine will partner with City forces to decide how to best observe-thework efficiently. Task 2.3–Prefinal and Final Inspections • The Contract includes two milestones for substantial completion. At each, conduct a,prefinal inspection, issue a provisional punchlist. Then conduct a final fmar inspection; with a revised punchlist Track. • Allow 2 person-days for each prefinal milestone and its documentation, and 2 person-days for each•final milestone. E. TASK 3–PROGRAMMING Perform programming, startup, testing, training, and update documentation for the,added features-as described in this Scope. Included are screen revisions, database entries for InTouch, Historians;FIELP system updates; Troubleshooting Support System content, alarm notification coordination; and other programming related.items. Manage and update WRF Control network and wireless network extensions and network documentation. - Update PLC and other documentation. Author the Control Descriptions, and-electronically integrate them with existing WRF SCADA documentation. Task 3.1–Project Management • Provide oversight, coordination, status reporting, and meetings. • Allow 40 hours • Task 3.2–Documentation • Control Descriptions for URW pipeline/intertie. • Revised Control Descriptions for multiple process areas. • Extension of WRF PLC network to include PLC 10 (replacement'for Main PS). • Extension of WRF wireless network to include Brown's Lane PRY. New configuration and UO assignments for PLC 10 and Brown's'Lane PRV. • Modifications to configuration and 1/0 assignments for WRF PLCs 6,7, and.8; determine'quantity and location of any additional I/0 modules. • Allow 60 hours programming, documentation. — _ Task 3.3 and Reorder kNii Programming • Assemble and commission test bed for PLC 10 and,Ethernet I/O module atAreSine. • Booster Pump Station No. 2. • ' Browns Lane PRV. • Monitoring of sample pump at Polishing Wetlands.. • New turbidimeter at the Polishing Wetlands. Page 4 of 6 Ci\Users\dhill\AppData\Local\Microsott\windows\Temporary Internet Files\Content.Outlook\R3H VMJA6\Exhibit.A,-Scope(lac 15 na • • C • URW programming in PLC 7 including interim control for transitions'and final controls•at,the end,of the. project. • Additions to the System Status Screens to show system"modifications and addition of communications alarming. • • Estimate 182 hours programming. • Task 3.4— Wireless Network and UO Server Programming • • Reconfiguration of WRF master radio to recognize,new node at Brown's Lane. • Configuration and testing of new radio at Brown's Lane. • Configuration and testing of communications to new PLC 10. • Create I/O topics for new devices on both UO servers. • Allow 23 hours programming. • Task 3.5—Database Updates • InTouch. • • Historians. • Alarm system. • Remote Alarm Notification. • • • Allow 16 hours programming. Task 3.6—Troubleshooting Support • • • Support for new alarms. • Deletions of retired alarms. • Allow 12 hours programming and 3 hours clerical. Task 3.7—Online Access to Control Descriptions • • Prepare online access updates for new and modified descriptions. Task 3.8—Support of Three-Water Transitions • • • This Scope allows for three separate trips to assist in temporary three-water work around-.solutions. • Allow 24 hours program staff. • Task 3.9—Startup and Testing • Author test procedures for in-house, ORT and FAT tests. • ArcSine in-house testing of new and modified code. • Factory testing of new control cabinets. •_ _Initial_testing of live changes to.P1,Cs 6;-7.a tw1.8 _----_------ -- • Support of contractor for ORT. • • Support'of contractor for FAT. • Allow 2 weeks on site for startup and testing. • Task 3.10—.Training • Allow 16 hours program staff for training including preparation time. . Page'S of 6 C:\Users\dhill\AppData\Local\MicrosoiI\Windows\Temporary Internet Files)Consent.Outlook\R3RVMJA6\Exhtbil A-Scope.doc- -L6 • F. ITEMS NOT INCLUDED The following work items are available but are not yet:included in this Scope: . • Work indicated "by the City"in Contract Documents. • Items noted in individual tasks arc not included. • Should claim(s)arise in the course of the work; and/or at project conclusion,-ArcSine is available to assist the City in resolving them. The extent (if any) to which'this support"will be needed is unknown. • Edits to Petaluma WRF SOP's are available but are not included. G. MODIFICATIONS TO AGREEMENT The parties agree that the following provisions modify the Agreement: 1. The Services provided under this Agreement are"Design Professional Services' subject to California • Civil Code Section 2782.8. 2. The amendments to Civil Code Section 2782.8.that took effect January 1, 201.1,apply:to,this Agreement. - 3. The following language in Section 22 of the Agreement is stricken and`not applicable to the-Agreement: "The Consultant waives any and all rights•to express or implied indemnity against the • Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement." Page:6 of 6 C:\Use's\dhill\AppData\Local\Microsoft\WindowsVremporary Internet Files\Content.Outlook\R311VMJA6\Fxhi6it A Scope.doc l7 • INSURANCE REQUIREMENTS Consultant's performance of the Services under this Agreement, shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to,carrier and • sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance;carrier. Consultant shall procure and maintain for the,duration of the contract all necessary. insurance ' against claims now and in the future for injuries to persons or',damages to property which may arise from or in connection with the performance of the Services 'by the Consultant, the Consultant's agents, representatives, employees and 'subcontractors.. Required professional liability insurance shall be maintained at the,level specified herein for the duration of this • !Agreement and any extension thereof and for twelve addition al months following the Agreement termination or ekpiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability'coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile'1Liability, code 1 (any-auto)., 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limit`s as may be:required by the City. 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. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the generalraggregate;limit'shall apply separately to this Agreement or the general aggregate limit shall be,i twice• the required occurrence limit. 2: Automobile Liability: $1,000,000 per accident for bodily, injury and property damage. 3. Employer's Liability: Bodily Injury by Accident $l,000,000`each,accident, Bodily Injury by Disease- $1,000,000 policy'lirnit. Bodily Injury by Disease- $1,000,000 eachemployee.. • 4. Professional Liability insurance: :'$1 000,000. 5. Such other insurance coverages and limits as:may be required by the City: C. Deductibles and Self-Insured-Retentions • Any deductibles or self-insured retentions must be declared to and approved by the City: • At the option of the City, either: the insurer shall reduce or eliminate;such deductibles or Exhibit 82 Pagel oft • INSURANCE REQUIREMEN FS(City)1 8 &Manage 11609325)Apn1 2010. self-insured retentions as respects the City; its officers, officials, employees,' and volunteers or the Consultant shall procure a bond guaranteeing-payment of losses'and related investigations, claim administration and'defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and, volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products!and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of afforded to the City, its officers, officials, employees,iagents or volunteers. 2. For any claims related to this project, the Consultant's'insurance coverage shall be, primary insurance as respects the City;its officers, officials, employees, .agents • and volunteers. Any insurance or self-insurance maintained by the City; its officers, officials, employees, ;agents ror volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including • breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4: The Consultant's insurance shall apply separately to each'insured against whom claim is made or suit is brought except, with respect to the limits=of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to -state that coverage shall not be suspended, voided, canceled by either party, .reduced in coverage or in limits except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against' City :regardless of the applicability of any insurance proceeds, and to require all contractors; subcontractors or others involved in any way with-the Services to do likewise. E. Acceptability of Ensurers Insurance is to be placed with insurers with a current A.M. Best's rating ofino'iessithan A:VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required. _by hy_thicclause- The endorsements me to he-signed_hy_a person',authnnzed=by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Exhibit 1132 Page.2 oft INSURANCE REQUIREMENTS(City)!9 (iNManage,I1609325)Apn1.2010 EXHIBIT C HOURS OF WORK: A. In accordance with California Labor Code Section 1810; eight (8) hours of labor in performance of the Services shall constitute a legal day's work-under"this Agreement. B. In accordance with California Labor Code Section 1811, the time'of service of any worker employed in performance of the Services is limitedto eight hours during anyone calendar day, and forty hours during any one calendar week,,except in accordance with California Labor Code Section 1815; which provides that-work in-excess of eight.hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during anyone:calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. • C. The Consultant and its subconsultants shall forfeit as a penaltyto°the City$25 for each worker employed in the performance of the Services'fot each!calendar day during-which the worker is required or permitted to work more than eight (8) hours imany one calendar day, or more than forty(40) hours in any one calendar week,.in violation of the provisions of California Labor Code Section 1 810 and following. WAGES: A. In accordance with California Labor Code Section 1.773.2, the City has determined:the general prevailing wages in the locality in which the Services are'to be perfonned.for each craft or type of work needed to be as published by the State of,California Department of Industrial Relations, Division of Labor Statistics and Research, a-copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the.Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section_1=775 which' establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays•less:than the'specified 'prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration.of the mistake; inadvertence, or - subconsultant -- –° - —_: neglect of the l:onsuttarif or sunconsuttant in fatting fq"pay the ci>rrect rateot prevaliing–. wages, or the previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or,subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not'.excusable ifthe,Consultant or subconsultant had knowledge of their obligations under the California.Labor Code. The Provisions Required Pursuant to California Labor Code§.1720 et seq. Services Agreement=Prevailing Wages(City)(Sept.2007)(iManage#103777 0) 20, Consultant or subconsultant shall pay the difference between,theprevailing-wagesrates . and the amount paid to each worker for;each calendar`day or:portion thereoffor which each worker was paid less than the prevailing wage"rate. If,a subconsultant worker engaged in performance of the Services is not paid the general prevailing;per diem wages by subconsultant, the Consultant is riot liable for an enalti y y Penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant_'fails to comply with all of the following requirements: 1. The Agreement executed between the Consultant-arid`the;sub consultant for the performance of part of the Services shall'include a•copy'ofthe provisions of California Labor Code Sections 1771, 17 75; 1776, 1.777.5, 1813, and 18 f5. 2. The Consultant shall monitor payment of the Specified:general prevailing rate of per diem wages by the subconsultant by periodic review,of the_:subconsultant's certified payroll records. 3. Upon becoming aware offia subconsultant'sifailure'topay the specified prevailing rate of wages, the Consultant shall-diligently take corrective action to halt or rectify the failure, including, butnot;limited to, retaining sufficient funds due the subconsultant fotperfonnance,ofthe Services. 4. Prior to making final payment torthe.subconsultant;,the Consultant shall obtain'an affidavit signed under penalty of perjury from'the-subconsultant,thafthe subconsultant has paid the specified general prevailing rate ofper-diem wages employees engaged in the performance of the Servicesand any amounts due pursuant to California.Labor Code Section-1813. C. In accordance with California Labor Code Section 1776, theConsultant and each, subconsultant engaged in performance of the Services:shall keep•accurate payroll records showing the name, address, social security number, work classification,"straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employees employed in,performance of the Services. Each payroll record shall contain or be'verified"by awritten declaration thatit is made under penalty of perjury, stating both of following: 1. The information contained in the)payroll record is true-and corrects 2. The employer has complied withThe:requirements of Sections_1771,`1811,iand, 1815 for any Services performed by the employer's employees•on the,public works project. The payroll records required pursuant to:California Labor Code Section 11776 shall be •certifled and-shalfbe availabiefor"inspection'oy the-Owner.anu=lts authorwed --representatives, the Division of I.,abor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Aelations and-shalt otherwise be available for inspection in accordance•with.California Labor'Code Section 1776. 2 Provisions Required Pursuant to California Labor Code,§ 1720 el'seq. Services Agreement—Prevailing Wages,(Cily):(Sept.2007)(iManage#1037770) 21 1 . D. In accordance with California Labor Code Section 1777.5, the'Consultant; onbehalfof • the Consultant and any subconsultants,engaged in performance of the Services, shall be responsible for ensuring compliance with'Califomla Labor Code Section 1777.5 governing employment and payment of'apprenticeson public workskcontracts: E. In case it becomes necessary for the Consultant or any subcohsultantengaged`in performance of the Services to employ on the Services>any'person in a trade!oi. occupation (except executive, supervisory, administrative, clerical, or othet.nen,Manual • workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which.most•nearly,corresponds to Services. to be performed by that person. The minimum rate thus furnished shall be'applicable as'a minimum for such trade or occupation from the time of the initial employment of the • person affected and during the continuance of such employment. file name: . /1778238 • • • • • 3 Provisions Required Pursuant to California Labor Code§ 1720 et.sey: Services.Agreement—Prevailing Wages(City)(Sept'2007)(iManage#1037770) 22 ' T • t EXHIBIT'D ACKNOWLEDGEMENT AND CERTIFICATION"PCRSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER"8.36'' The City of Petaluma Living Wage Ordinance C'Ordinance".),`Petaluma:Municipal.Cede.Chapter 8.36, applies to certain service contracts, leases,franchises'andlother agreements;;-or funding _ mechanisms providing financial assistance (referred to-hereafter as- an-"Agreement") between the City of Petaluma ("City") and/or the Petaluma Community,Development<Commission ("PCDC") and contractors,lessees, franchisees, and/or recipients of City-and/or PCDC;funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal Code Section 836.120;as part of'any'bid, application or proposal for any Agreement subject to the Ordinance, the covered'entityshall: e Acknowledge that the covered entity is aware olthe Ordinance:and intends to ehrriply • with its provisions. • a Complete the Report of Charges, Complaints, Citations;and/or'Findings contained'in. this Acknowledgement and Certification by providinginformation, including the date, subject matter and manner of resolution, if any of all wage,hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by-anyregulatoryagencytor court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial • Relations (Labor Commissioner),Environmental Protection-Agency.iand/or National Labor Relations Board,which have been filed or presented to the coveredentitywithin.the ten years immediately prior to the bid,proposal, submission or request. Pursuant to Petaluma Municipal Code Section 836.120, before the beginning of the term,of;any • covered Agreement,or prior to the execution of said Agreement by the City or the PCDC,each covered entity shall certify that its employees are paid.a.living wage--.thabis consistent-with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification; the covered,entity=(i)aclmowledges-that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests,ito the accuracy' — add i or:_ron-nat.o_ p_ovide. theR f'Ch rg 0 Complaints,-Citations---------------.__._..._ anu �.�iiiri�c�2 �i uu ui��au Lit-Jon-nation eiuv�ui.0 iu t vii vi � - and/or Findings contained herein, (in) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter,8.36 and(iv)attests that:the personiexecutingy ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Page 1 of 3 • • this Acknowledgement and Certification is authorized to+bind the covered entity as,fo the matters covered in this cledginent and eettification. SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: C66400902 • • e• $ „NP -e--e∎t( r.C9 - 1,3 - Date: . 7: � 3 (Print Name of Covered Entity/Business Capacity) • By -1)An n �i I" IC (Print Nan)e) Js/ \1 (Signature • Its --f'%2fI �'1-- (ride ;Capacity of Authorized Signer) • • i ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO • • CITY OF PETALUMA LIVING WAGE ORDINANCE Page2of3 24. • REPORT OF CHARGES, COMPLAINTS; CITATIONS;AND/OR,FINDINGS. PURSUANT TO PETALUMA MUNICIPAL CODE,SECTIGN: 8.36:120 • FOR EACH WAGE,HOUR, COLLECTIVE BARGAINING,WORKPLACE SAFET ;«ENVIRONMENT_AL OR CONSUMER PROTECTION CHARGE,COMPLAINT,CITATION,AND/ORFINDING"OF VIOLATION' OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT,INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT'AND HOUSING;DIVISION OF OCCUPATIONAL SAFELY AND HEALTH (OSHA),CALIFORNIA DEPARTMENT OF.INDUSTRIAL . , RELATIONS (LABOR COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/O R NATIONAL . LABOR RELATIONS BOARD,WHICH: • AFFECTS YOU AS A PROSPECTIVE-CONTRACTOR,SUBCONTRACTOR,LESSEE,FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY ' DEVELOPMENT COMMISSION-FUNDED AGREEMENT OR BENEFITSUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36'(LIVINGWAGE ORDINANCE),AND ' • HAS BEEN FILED OR PRESENTED TO YOU-WITHIN THE lEN YEARS,IMMEDIATELY PRIOR TO THE BID,PROPOSAL,SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DALE,THE REGULATORY AGENCYOR.COURT MAKING'THE-CHARGE COMPLAINT,CITATION OR FINDING,THE.SUBJECT MA t I ER AND THE MANNER OF RESOLUTION, IF ANY,FOR EACH SUCH CHARGE COMPLAINT,CITATION OR FINDING. • IF NONE,PLEASE STATE"NONE": /UO/✓E ATTACH ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter: t • Resolution, if any: Expected resolution, if known: June 2011 (iManage#16386972) _ACKNOWLEDGEMENT AND CERTIFICATION PIJRSUANTTO I CITY OF PETALUMA LIVING WAGE ORDINANCE Page3of3 25 Attache ht'3 RECYCLED WATER PUMP STATION UPGRADES • PROJECT NUMBER C66400902 LOCATION. MAP ( 1 ./i * BOOSTER PUMP STATION #2 I . y �� �0 o` PRV Z I- a ,L w ^rl 1t 1 [O I, < L�C • _Z. i J • VP y • ELY ROAD S. l ® ;0 t� .( GZ-f L, c -,....-• l ix 3 W PUMP STATION �� S BOOSTER PUMP ' 't 4;:—e L. �F STATION #1 I �� LAKEVILLE HWY. `•�� (STS I i ��L ► 'EIIis,C reek EL Water Recycling � OXIDATION 'PONDS ' l/ C CYPRESS DR. Facility y / l/ II Fr. I a-) I 1 MAIN PUMP MP A m �"^%� STATION I--. 1:1 -41,.., , L - - _"11•"-- Pte= 1 / _ --_ HWY. 101 --- —I— a • 1 . \ii . . C. . •2• '