HomeMy WebLinkAboutStaff Report 4.B 3/4/2013 AO Itewn #4.3:.
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'DATE: March 4, 2013
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TO: Honorable Mayor,and Members of the City Council through City Manager
FROM Dan�St.;Jo Director, Public Works & Utilities
Larcy_Zi er, Capital Projects Manager
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for`Geotechnical and Material Testing Services During Construction
I for the GlendonrWay, Halsey Ave., and G Street Water and Sewer'Replacement
Project
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RECOMMENDATION
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It is recommended that the City CouhciLadopfthe attached Resolution authorizing•the City
Manager to execute a Professional Services Agreement with Miller Pacific Engineer Group for
'1Geotechnical and Material Testing services during construction of the Glendon Way, Halsey
Ave., and G Street Water and Sewer Replacement project.
BACKGROUND '
To maintain and improve the condition ofthe City's water and wastewater systems, the
Department of Public'Works and Utilities annually replaces or rehabilitates deteriorating water
and sanitary sewer mains;throughout the City. The G Street project will replace approximately
1000 feet of undersized 1 and 1 %2 -inch water•mains with a new 8-inch water main, new water
serviceaaterals;and fire hydrant, and remove and replace approximately 1000 feet of old and
• deteriorated.8-inch vitrified clay pipe sewer main with a new 8-inch sewer main. The G Street
project limits are from Petaluma Boulevard South to 6th Street, and will resurface the existing
. street.
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The sewer mains in Glendon Way and-Halsey Avenue are deteriorating and in need of
replacement. Sanitary sewer overflows in 2008 resulted in the;Regional Water Quality Control
Board identifying this project:as mandatory. The removal and replacement includes 1300 linear
feet of 8 inch,sewer main. The project also includesremoval and replacement of sewer
manholes along the entire length of the project.
• The Glendon Way, Halsey Avenue, and G Street Water and Sewer Replacement Project was bid
on February 6th, 2013 and construction is anticipated to start in April 2013.
Agenda Re'///viiew:(/// 1 [\1'
City Attor4 /- , �/\ Finance Du for - City Manager
. vvvv
The proposed,'item meets Council Goal: "Plan for'and implement priority capital'projects as
funding'permits."
DISCUSSION.
Overall inspection and construction management will be conducted by City staff. Geotechnical
and Materials Engineering services are needed to support the city staff in assuring the project is
constructed to City Standards and.project specifications because the Department;does not have
• licensed professional geotechnical engineers or a testing lab. The scope of geotechnical
engineering and materials testing includes construction review of submittals,clarifications and
responses to contractor request for information, laboratory density testing of on-site soil and
imported aggregate baserock, sampling and conformance testing of asphalt concrete, field •
compaction testing of new utility trench backfill and sampling and strength testing of concrete.
Services also include on-call field observation and testing of compaction and testing of new
aggregate baserock for sidewalks, ramps, gutters, and repaving G Street. Miller Pacific
Engineering Group has demonstrated"the ability to provide superior construction phase
geotechnical services including inspection on prior City utility projects of similar complexity and
magnitude. Their staff is familiar with the project, City facilities, and our operations^and
maintenance staff. Since Miller Pacific-is the,engineering design firm of record for the
geotechnical recommendations. It is staffs opinion that they ate-the`tnost qualified firm to
complete this work.
In conjunction with the award,for construction of the Glendon Way, Halsey Ave:,and G Street
Water and Sewer Replacement Project, City Staff recommendswapproval of the attached
• Professional Services Agreement in the amount of$38,500 to Miller Pacific Engineering Group
for geotechnical and material testingservices during construction di the project.
. •FINANCIAL IMPACTS
The total budget for this project is $1,499,000. The projectcombines CIP accounts
' C6666401101, C66401311, and C67501301. The services proposed under this PSA include
geotechnical and material testing services during construction for$38,500. The CIP budget
includes $150,000 for construction management which includes geotechnical, testing,
inspections and construction engineering elements of the,contract.
ATTACHMENTS
1. Resolution
2. PSA
3. Location Map
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• Attachment 1
RESOLUTION AUTHORIZING'TIIE•CITY MANAGER TO EXECUTE
THE PROFESSIONAL,SERUICES AGREEMENT TO''MILLER PACIFIC
ENGINEERING GROUP;INC.FOR°GEOTECIINICAL AND MATERIAL TESTING
SERVICES`DURING'CONSTRU.CTION FOR THE GLENDON WAY, HALSEY AVE.,
. AND G'STREET WATER AND SEWEWREPLACEMENT PROJECT
WHEREAS, the City of Petaluma wishes to replace deteriorating water and sewer
infrastructure; and
WHEREAS, this project requires the services of a quality professional geotechnical engineering
firm'familiar with the project and experienced in utility and.roadway construction, construction
• inspection and material testing; and •
• WHEREAS, Miller Pacific Engineering Group is very familiar with the project, city facilities,
operations and maintenance staff and is the geotechnical engineermg design firm•ofrecord
providing support to.plans, specifications, and estimates for the project; and
WHEREAS, Miller Pacific Group's ability to'produce superior quality work on geotechnical
engineering projects has been demonstrated in the Cityof Petaluma for niany years as well as
other Northern California municipalities;:and
WHEREAS,staff recommends.the City execute a professional services agreement with Miller
Pacific Engineering Groups for geotechnicat and material testing services during construction for
the Glendon Way, Halsey Ave., and G Street Water and Sewer Replacement Project.
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NOW, THEREFORE,BE IT RESOLVED that the City Council.ofthe City hereby:
1. Authorizes the City'Manager,to sign the attached Professional Services Agreement
for geotechnical and material testing services during;construction with Miller Pacific
Engineering'Group in"support of the Glendon Way, Halsey Ave., and G Street Water
and Sewer Replacement Project in the amount notto'exceed $38,500.
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Exhibit A to Resolution
•
PROFESSIONALSERVICES AGREEMENT_
Geotechnical and Material`TestingSeruices
Halsey, Glendon, and G Street Sewer:,and`Water Main Replacement Project
(Title of PrbjèEt - •
FY Fund# Exp.Acct.# Ptoject# Amount$
For multi-year contracts or contracts with multiple accounts:
FY 12/13 Fund#6700-67999 Exp.Acct. #54152 Project#C66401101-31)700 Amount$12,833.00'
FY 12/13 Fund#"6700=67999.. Exp.Aces #54152 Project.#C66401311-30700 Amount$12,833.00
FY 12/13 Fund#6700-67999 Exp.Acct.#-54152 Project#C67501301-30700 Amount$12,834.00
FY Fund# Exp. Acct.# Project.# Amount$_
FY Fund# Exp. Acct. # Project'#, 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 Miller Pacific Engineering Group, 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 setforth'herein.
THEREFORE, in consideration of the mutual covenants contained-inthis'Agreement, the Parties
agree as follows:
1. 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
compensationio be paid for such services. In no case shall the total compensation
under this Agreement exceed $38500 without prior written authorization of the
• City Manager. Further, no compensation for a section' or work program
component attached with,a,specific budget shall be exceeded without prior written
authorization of the City Manager.
D.,
Notwithstanding any provision hereih, 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.
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E. City's obligation to pay compensation to Consultant as provided herein is
contingent'upon Consultant'skperformance of Services pursuant to the terms
. and;conditionsofthis Agreement and;any amendments thereto.
3. Term. The term ofthis Agreement commences on the Effective Date, and terminates on
December 31. 2013, 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 bedelivered to the City as soon as possible, but not later thari fourteen
(14) days after termination,of the Agreement.
4. Termination. City-may terminate this Agreement without cause upon ten (10) days'
written notice. Citymay 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 AgreeinentbyConsultant or Consultant's bankruptcy or insolvency. Upon
receipt of9notice 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 Andependent 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:m an independent capacity and as an independent
contractor and not asrofficers, 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 Consultant's 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
ofthis 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.
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PROFESSIONAL SERVICES AGREEMENT—.PREVAILING)W AGES(City)
(iManage#103:1730)June 2011 5
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10: Progress Reports. Upon the City's request, Consultant Ishall, provide, in a form
acceptable to'•City„written progress.reports of all oral and•written observations, opinions,
recommendations;. ,anal"y_ses, progress and conclusions related to Consultant's
performance ofthe Services.
11: . Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidentiahinformation,,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 sServices.
12. Conflict of Interest, Consultant represents that it presently has no interest, and
covenants that it shall not acquire any uire-an interest, director 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 whoseawork<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.requirenients to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Exceptjas 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 tfie!saine
15: Assignment/Transfer. No assignment or-transfer in whole or in part of this Agreement
shall'be-made:without-the prior written'consent of City.
16. Subcontractors:,'Consultant shall directly perform;all,Services, and shall not subcontract
any portion.of;performance,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.
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PROFESSIONAL,SERVICES AGREEM ENT—PREVAILING WAGES(City)
(iManay2U1037930p1 une 2011' 6
17.. Compliance'With All Laws. 'Consultant"shall;fullycomply, With all applicable; local,
state and federal rules, laws,,regulations and ordinances pertaining,to;the performance of
the Services required hereunder including, but..hot limited to, the California Building
Standards Code as in effectin-the City; the Americans with Disabilities Mt, arid 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'ss 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 ofthe Effective,Date of this'
Agreement, notify eachrofits affected employees as toahe amount of wagesand time off.
that are required to,beprovided 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;Consultantsithatare subject to Living Wage Ordinance requirements, as .
determined by the City, must provide aSproperlycompleted'Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requireiiments 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 of to such other address as a,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) certifiedtor registered mail, return receipt requested, in which cases notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
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PROFESSIONAL SERVICES AGREEMENT—PREVAILING'WAGES(City)
(iManage 410377301 June 2011 7
(iii) nationally-recognized overnight courier, with,charges prepaid•-or°charged to the
sender's Account, in which case notice is effective on delivery if delivery is
confirmed by thedelivery?service; or
(iv) facsimile Transmission, in which [c_ase '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 Si: John, F:ASCE, Director
Public Works &.Utilities Department
202 North'-McDowellBlvd.
Petaluma, CAA94954
Phone: (707) 778=4580
Fax: (707) 778=4508
Email: kcarothersc ci.petaluma.ca.us
Consultant: Timothy J. Reynolds,.P.E:
Miller Pacific;Engineering Group
1333 North McDowell'Blvd,.Suite C
Petaluma, CA 94954
Phone: (707) 765-6140
Fax: (707) 765,-6222
Email: treynolds(a,millerpac.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, 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
expense, indemnify, defend with counsel acceptable-,to the City; (which acceptance 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 everynafure, whether actual, alleged or threatened, arising out of or in
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PROFESSIONAL SERVICES AGREEMENT WAGES(City)
(iManage#1037730)June 2011` 8
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connection with4he Services or'Consultant's failure comply With any of the terms of
this Agreement, regardl"e"ss of any`fault'or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend,and hold tharmless under this provision
shall,not be excused because of theConsultant s inability to evaluate.Liability,.or because
the Consultant evaluates Liabilityand 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 ofthe 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.ofthe 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,awhichever 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 iany 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.
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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, " "B-3, "or 'B-4. 1
• 25. Amendment This Agreement may be amended only by a written 'instrument executed
by both Parties.
26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services'hereunder, Consultant, upon request from ,City; agrees to testify therein at a
reasonable and customary fee.
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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.
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PROFESSIONAI.'SERVICES AGREEMENT—PREVAILING WAGES(City).
(iManaget1037730)June 2011 9
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28. !Governing. Law; Venue: This:Agreement shall be enforced and interpreted under the
laws'of the State of'California and the City df`Petaluma. Any action"arising from or
brought in connection with this` .Agreement shall be venued in a court of competent
jhrisdictiominthe'County of Sonoma; State ofCalifornia.
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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 hill force and effect.
30. Severabihty If any term or portion o;f 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,
froth 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 Consultants address indicated for receipt
• of notices.in this Agreement.
• D. Where City has,reason to believe that such.records or documents may 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.
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PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(City),
(iManare N 1037730)lane 201k l
34 Headings. Thedieadings.used in this Agreement are for convenience only and are not
intendedto;affect the interpretation or construction of any provisions herein.
35: Survival. All obligations arising prior to the termination or expiration'of this Agreement
and all•'provisions of this Agreement allocating liability between City and Consultant -
shall survive the terniinationor 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 do cument the day, month and
year first above written.
CITY OF PETALUMA CONSULTANT
'
City Manager Nam/ ,, . 5 -S, 'e�.ntrtd5
ATTEST: ee.ri'rey Mc a a> 4r
Title tt
'1335 pal, • ctoWe.IL Stye/. Ste. c
City Clerk A:ddietss,
APPROVED AS TO FORM: 70'4-Ce urn c CA--- 5 45S4
City State Zip
� . 68 - 01.74 990
City Attorney Taxpayerl:D.Number
APPROVED: L - o:Bo -
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:S:\CIP\WATER\C6750130i..G Street Sever-W-WW Replacemeot\Agreements\Miller Pacific\PSA_PrevWege.doc
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PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(City)
.i (:Mirage#1037730)June 2011
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I1
Exhibit Miller Pi,.ac
• ENGINEERIG GROUP.'
.
Y'Febr'uary,5, 20;13'
•
File: '13Z6680pro:doc
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City of Petaluma -
Public Works!and"Utilities/WaterField Office •
P:O:.Box'61
Petaluma`, California 94953-0061 • •
Attn: Kent Carothers
; Re: Proposal for Geotechnicali8 Material Testing Services
Halsey, Glendon, and G Street Sewer and Water Main Replacement Project
City Projects C66401-101, C66401311, and C67501301
, Introduction
Weare most pleased to provide this proposal for geotechnical,and materials testing services in
support of the above planned City improvement projects. This proposal,is';valid for 90,daysfrom
February 5, 2013. From our review of the Contract Documents obtained from the City, we
' understand that the services 'required include on-call laboratory and field density testing,
including:
• Laboratory density testing' of on-site soil'and imported'aggregate baserock (assuming
three lab comp-action;Curves-for native subgrade and four for import baserock, total of
seven Caltrans 216 compaction,curves);
• Sampling and Caltrans„conformance testing of import aggregate baserock and asphalt
concrete (assuming three.sets of-conformance tests each for aggregate baserock and
asphalt concrete);
• Field compaction testing of:new utility trench backfill (approx 3!;500 LF estimated plus
new laterals and service tie-ins). We will provide these tests on-an On-call basis. We
have estimated about 100 site visits for these tests,;;butthe total number could be more
or less depending on the Contractor's work schedule And the need for re-testing of
failing work.;
• Observation and-testing of preparation and compaction of-subgrade:and new Aggregate
Baserock for new valley gutter, sidewalk, and repaving of the street;
• Sampling and strength testing of project Concrete,(assuming a total of four sets of
concrete:cylinders will becast and collected for compression testing);'
• Other laboratory and field-testing as-requested by%the City of Petaluma.
•
No detailed coristructiorn schedule was;available at the time ,this proposal was prepared. We
anticipate that our”,inspections will mostly be Site Visits' of-less then two hours total duration,
"Door to Door' with several half- and full-days required during aggregate baserock construction
and pavement of-the "street. Our.cost estimates are summarized on the 'attached.spreadsheet.
We will provide our testing services on a time and expense basis in accordance with the enclosed
Schedule•of-Charges': We recommend a budget of$38,500 for-the above services. Our fees will
not ezceed this=amount without supplemental authorization.
•
• 12
Mill®r Pacific:
•
,ENGINEERI,NG G•RIOUP .
•- City of Petaluma February 5, 2013
Page 2
•
Again, we are most pleased to,have the'opportunity to continueL serving the City of Petaluma
and'when selected, we-will be an effective and innovative consultant. With ourextensive local
experience with geotechnical and geologic conditions and also working with most "of-the local
government agencies for similarservices, I know we will provide timely and trulyrrhelpful service. •
If you have any questions, please do not hesitate to contact me.
Very truly yours,
MILLER PACIFIC ENGINEERING GROUP
Ti •it""y J. R• • olds, PIE.
Geotechnical Engineer'.2686
2.copies submitted •
Enclosures: Fee Estimate Spreadsheet •
•
• 13
Miller Pacific•
ENGINEERI'.NG GR OUP
test EStimateSheet
Halsey;:Glendon,and.G Street Water and Sewer,.Main,Replacernent
• Petaluma,.California
MILLER PACIFIC ENGINEERING GROUP, FIELD'COST Date: 2/5/2013
2013
FIELD OBSERVATION AND TESTING'BUDGET ESTIMATE: By. tjr
Project: PET Halsey,Glendon,and.G Street Proj.No PW13-6680
AVERAGE FIELD COSTS • Site Visit Site.Visit HALF FULL
PERIUNIT gay Night DAY DAY
Senior Tech/:Staff:Eng $ 85.00 1 1 1
Senior Tech-.Prevailing'Wage $ 90.00 1 4 8
Field Vehicle /Equipment $ 1[9.00 1 '
Nuclear Density Tests' $ 8.00 4 12 20 40
Senior Tech-Prevailing Night $ 100.00
$ 216.00 $ 181.00 $ 605.00 $ 1,040.00
WORK ITEM - Estimated
Days
1.0 Trench BF/AB-Day 100 75
2.0 Laterals/tie-ins 50 30'
3.0 1 •
4.0 Pave Day 4 2 2
5.0 Conc-Day 4 4
6.0 Misc 12
Totals 121 0 2 2
DOLLARS $'26:136.00 '$ $ 1,210.00 $ 2,080.00
Total Field Costs: $ 29,426.00
LABORATORY TESTING •
Task Description Item Quanity Unit$ Amount$
1.0 Soil-Compaction:Curve. 3 $175 $525
2.0 Aggregate Subbase-Compaction Curve $0
3.0 Aggregate.Base---Compaction'.Curve ' 4 $175 $700
4.0 Asphalt Concrete,:S-value„Gradation;M:C.,Unit Wt 8%1Oil 3 $600 $1,800
5.0 Concrete:Field Slump,cast cyldrs and lab.Comp-Tests 4 $200 $800
6.0 AB-R-value;Sand'EO.,Durability,Gradation 3 $350 $1,050
7.0 ... $0
8.0 $0
9.0 $0
Total Lab Costs: $4,875.00
ENGINEERING/GEOLOGICAL.CONSULT&'REPORT .
SAS Principal Eng/Geologist FIRS@ $ 19500 $ -
MPM Associate Engineer II FIRS @ $ 180.00 $ -
EAO Associate Engineer I HRS @ '$ 160-00; $
rig Senior Engineer III 20.0 HRS @ i$ 160.00 $ 3;200:00,
MJV/BSP Senior Engineer I HRS @, '$ 120.00 $
NRS/RCA Project Engineer.1 HRS @ $ 95.00 $ -.
WGO/AJM Sr.Tech.II 4.0 HRS'@' $ 85.00 $ 340.00
Staff Ill HRS @' '$ 90.00 $ -
oFS/JLF Staff II HRS@" $ 80.00 $
MFJ Staff I - HRS @ ''$, 70.00: $ - '
PHAIJBGIJTC Tech HRS @j "$ 70.00 $ -
<RBLEHKNH5Aa Project Asst./Word-Processor . 10.0 HRS @ $ 62.00 $ 620.00
Total,Engineering Costs: $ 4,160.00
SUB TOTAL _$ 38,461.00
. File: Cost-Flab.xls CONTINGENCY 0% $ -
TOTAL. $ 38,461.00
USE-FOR BUDGET $ '38,500.00
14
•
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:Attorneyas to form anditheRisk 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 of.daniages 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
I Agreement and any extension.thereof and for twelve additional months following the Agreement
, termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad,as:
1'. Insurance Services Office Commercial General Liabilitycoverage:•
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the, State of California and
Employer's LiabilityInsurance:
4. Professional Liability insurance.
5. Such other insurance coverages and'limits as may be required by the City.
B. . Minimum Limits of Insurance
•
Consultant shall maintain.lirnitsno less,than:
L General Liability $1;000,000 per occurrence for bodily injury, personal injury
and property damage. If Conunercial General Liability Insurance or other form
with a,general;aggregate liability is used,'either the general aggregate limit shall
apply separately to this Agreement 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:, Bodily Injury by Accident -'$1;000,000 each accident.
Bodily Injury by Disease - $1,000.000=policy limit.
Bodily Injury by Disease -$1;000,000.each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may 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.B2
Page 1 of 2
- INSURANCE REQUIREMENTS(Ciry)
(LManage 4609325)April 201015
self-insured. retentions; as respects the City, its officers, officials, employees; and
volunteers; orthe Consultant,shall procure,a bond guaranteeing payment of losses and
related investigations; claim,ad`m'inistration and defenseexpenses.
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 protection afforded to the City,
its officers,,officials'employees, agents 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 or volunteers shall be excess of the
Consultant's!insurance and shall not contribute with'it.
3. Any failure to comply with reporting or other provisionsiof the policies including
breaches o£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 orlinlimits 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 Insurers
Insurance is to be placed with insurers-with a current A.M.Best's rating of no less than
A:VII.
F. Verification Of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this•clause: The endorsements are to be signed by a person authorized,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 B2
Paget of.2
INSURANCE REQUIREMENTS(City)
(Manage#609325)April 2010 16
•
•
EXHIBIT 0
•
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 limited"to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which'providesthat Work in excess of eight hours
during any one calendar day and forty hours duing,anyone calendar week is permitted
upon compensation for`all'hours°worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week•ht 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'for each calendar day during which
the worker is.required,or permitted to work more than eight (8) hours in any one calendar
day, or more than forty(40)hours in any one calendar week, in violation of the
provisions of California Labor,Code Section 1810 and following.
I WAGES:
A. In accordance with California Labor Code Section 1773.2,the City has determined the
general prevailing wage's in the localitycinwhich the Services are to be performed for
each craft or type of work needed,to betas 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 Servicesshall 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 1775 which
establishes a penalty,of up to $50 per day for each worker engaged in the performance of
the Services that the Consultantor 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
neglect of the Consultant or subconsultant in failmg to pay the correct rate of prevailing
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 if the Consultant or
subconsultani 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#1037770)
17
Consultant or=subcon'sultant'Shall pay the.differencebetween'theprevailing wage rates
and the amount paid to eachrworker for each calendar day or portion:thereof for which
each workerwaspaid less.than.the prevailing wage rate. If a;subconsultantworker
engaged in performance`of the Services is not paid the,general prevailing per diem wages
by the,subconsultant;the Consultant is not-liabl'e for any penalties therefore unless the
Consultant had knowledge of that failure or unless theConsultant fails to'.comply with all
Of the followingrequirements:
1. The Agreement.executed between the Consultant and the subconsultant for the
performance of part of the Services shallinclude.a.copy of the provisions of
California`LaborCdde Sections'1771, 1775, 1776, .1777:5, 1813,'and 1815.
2. The"Consultant shalilmonitor payment of the specified'general prevailing rate of
per diem wages by thesubconsultant by p eriodic review of the subconsultant's
certified''payroll records.
3. Upontbecoming aware of a subconsultant's failure to pay the specified
prevailing:rate of wages; the Consultant shall diligently take corrective
action.to.halt or rectify the failure, including,,but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to making final payment to the subconsultant,,the.Consultant shall obtain an
affidavit signed under penalty of perjury from the subconsultant that the
subconsultant;has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the:Services and any amounts due
pursuant=to CaliforniaLaborCode'Section 1813.
C. In accordance with California Labor CodeSectien 1776, the Consultant and each
subconsultant engaged in performance of the Services, shallkeep accurate payroll records
showing the name, address; social security number, work classification, straight time and
overtime hours worked each day:and week, andthe actual per`diem wages paid to each.
journeyman, apprentice;;worker, or other employee employed in performance of the
Services. Each,payroll record shall,contain or be:verified by a written declaration that it
is made under penalty ofperjury, 'stating both ofthefollowing:
I. . The information contained in the.payroll,record.is,true and correct.
2: The employer has complied with the requirements of Sections 1771, 181 1„and
1815 for any Services'performed by the employer's employees on the public
works;project,
A
The,payroll records required pursuant to California Labor Code'Section'1776 shall be
certified andshall.be available'for inspection by theOwner and its authorized
representatives; the Division.of Labor Standard's Enforcement,'the Divisiomof
Apprenticeship Standards of the Department of Industrial-Relations and.shall otherwise
be:aVailable for inspection in accordance with California Labor Code Section 1776.
2
Provisions Required Pursuant to California Labor Code§ 1720 et seq.
Services Agreement—Prevailing Wages(City)(Sept 2007)(iManagc#1037770)
18
•
•
D. • In accordance with California Labor CodeSection;177.7.5,the Consultant, on behalf of
the.Cdhsultant and;anysubconsultants engaged in performance,of the Services;"shall be
,responsible for ensuring'compliance with California Labor Code Section,1777:5
governing employment and payment o f apprentices on public works contracts.
E. Incase it becomes necessary for the Consultantor any subconsultant engaged in
performance of the Services to employ,on the Services any person inn trade or
occupation (except executive, supervisory, administrative,,clerical, or other non manual
workers as such) for which no minimum wage rate has been determined by the Director
of the Department 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 theytime of the initial employment of the
person affected and during the continuance of such employment.
•
file name:M-P I X"WM
0778238
3
Provisions Required Pursuanbvo'California Labor Code§ 1720 el seg.
Services Agreement—Prevailing:Wages(City)(Sept:2007)(iManage 41037770)
•
19
•
•
EXHIBIT"D
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE;ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 836
The City of Petaluma Living WageiOrdinance.("Ordinance"),.Petaluma Municipal Code Chapter
8:36, applies to certain service contracts, leases; franchises and other 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'Cityand/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120,.as part of bid, application or
proposal for any Agreement subject to the Ordinance, the covered'entity shall:
• Acknowledge,that the covered entity is aware of the Ordinance and intends to comply
• with its provisions.
• Complete the.Report of Charges, Complaints;'Citations and/or Findings contained in
this Acknowledgement and Certification by providing,information, 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 any regulatory agency or 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 and/or National Labor
Relations Board,which have been filed or presentedto'the covered entity within the ten
years immediately prior to the bid; proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, 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 ihall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgementand Certification,'the covered entity (i)•acknowledges that it
is,aware of the Ordinance and intends"-to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
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 person executing
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT"TO
CITY OF PETALUMA LISTING WAGE ORDINANCE •
Page 1 of 3
20
this.Acknowledgement and Certtficatiori is authorized to biiid,the'covered entity is to the
matters covered in,this eiedgment and(Cemfitation.•
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: Glendon.Halsey-GStreet and Sewer Replacement
I f
M.kte. l e't�. � L i19GIrOJP Date:. L I
(Print Narnc of Covered Entity/Business-Capacity)
It—� II ~f ff
By I . tl∎nt't4 •:� • C (-I 01
� C`
(Print Name)
c�
/SI (Signature
Its 1:r� c veer.;.rn Man \ ej-
(I-sCapacity,of Auted•Signer).
•
•
•
ACKNOWLEDGEMENT AND CERI I1iICATION'PURSUANT TO
CITY.OF PETALUMA LIVING WAGE ORDINANCE
Page 2 of 3
•
21
•
REPORT,OF'CHARGES'; COMPLMNTS; CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8:36:120
FOR EACH WAGE,HOUR,COLLECTIVE BARGAINING,WORKPLACE SAFETY,ENVIRONMENTAL
OR CONSUMER PROTECTION CI-LARGE,COMPLAINT;CITATION,AND/OR FINDING OF VIOLATION
OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT,INCLUDING BUT NOT
LIMITED TO THE CALIFORNIA DEPARTMENT OFtFAIR EMPI.OYMLNTAND HOUSING,DIVISION OF
OCCUPATIONAL SAFETY AND`HEAI:fI-I (OSHA),CALIFORNIA DEPARTMENT OF INDUSTRIAL
REI,A'TIONS (LABOR COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD,WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,LESSEE, FRANC.HISEE
AND/OR PARTY TO ANY CITY OF PETALUA-IA-AND/OR-PETALUMA COMMUNITY
DEVELOPMENT COMMISSION-FUNDEDAGREEMENT OR BENEFIT SUBJECT TO
PETALUMA MUNICIPAL.CODE CFIAPTER 8:36 (LIVING WAGE'ORDINANCE),AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR
TO THE BID,PROPOSAL,SUBMISSION OR REQUEST FOR WHICH THIS-ACKNOWLEDGEMENT
AND CERTIFICATION:IS i\LADE.
PLEASE PROVIDE THEDATE,THE REGULATORY AGENCY OR COURT`MAKING THE CHARGE
COMPLAINT,CITATION OR FINDING,THE SUBJECT MATTER AND THE MANNER'OF RESOI..UTION,
IF ANY,FOR EACH SUCH CHARGE'COMPLAINT,CITATI ON,ORFINDING.
IF NONE,PLEASE STATE:"NONE
ATTACH ADDITIONAL.RAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter: •
Resolution, if any:
Expected resolution,if known:
June 2011 (6Manage #1638697.2)
ACKNOWLEDGEMENT AND"CERTIFICATION PURSUANT TO
• • CITY OF PETALUMA LIVING-WAGE ORDINANCE
Page3 of 3'
22
Attachment 3
GLENDON WAY, HALSEY AVE„AND G STREET •
WATER AND SEWER REPLACEMENT
PROJECT NUMBERS C66401101 , C66401311 , and C67501301
LOCATION MAP
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02708'12013 23