HomeMy WebLinkAboutStaff Report 4.C 3/3/2014 A gentact, Itewvv#1&C.
An. `'
285e'
•
DATE: March 3, 2014
TO: Honorable.Mayor and Members of the City"Courici! through City Manager
FROM: Dan St. John, F.ASCE— Director, Public Works-8c Utilities
Joe Rye—Transit Manager
SUBJECT: Resolution,Approving Transit Signal.Priority Project CIP Budget and Awarding
Contract for Pilot'Corridor Design Services to DKS Engineering
RECOMMENDATION
It is recommendedthat the City Council adopt the attached resolution approving the transit signal
priority project CIP budget and awarding a contract for the pilot corridor design & construction
support services to DKS Engineering in the amount of$38,370.
BACKGROUND
In the last three decades,,trafficsignal,control technology has evolved to allow vehicles equipped
with compatible transmitting equipment to "pre-empt" or get"priority" treatment at signalized
intersections and thus reduce delays to those vehicles caused.by,traffic:signals. The technology
has been widely adopted nationally by first responder agencies including Petaluma Fire
Department and is now becoming common in transit operations.
The technology exists in modern signal control equipment to provide two levels of preferential
treatment to vehicles with;tl e'properly coded emitter equipment: high-priority pre-emption
appropriate for Petaluma Fire and other first-responders, and a low-level "priority" system,
termed as Transit Signal Priority (TSP) system suitable for transit operators. Petaluma Transit
(PT) has obtained funding to implement a"LSP system which will include upgrade and
replacement of traffictsignal,controllers and vehicle sensing equipmentat all intersections along
the proposed pilotcorridor of McDowell Blvd. from Caulfield to Old Redwood Highway. In
anticipation of implementing the proposed TSP pilot program, staff solicited proposals for
Professional services,froh qualified engineering firms withexperience and expertise in TSP and
traffic operations.
The high-priority"pre=emption" works as follows: an:approaching fire vehicle's infrared TSP
emitter communicates with a signal detector at an intersectionas it grows near. The detector at
the.mast head,of the traffic signal detects the emergency vehicle, and signals its controller card to
immediately provide.a green light to the approaching vehicle, even if it means truncating the
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green light for the side street As the emergency vehicle passes through, the controller then
returns to normal cycle withjn the next phase, and operates normally thereafter.
A low-priority TSP does not immediately "truncate" a green light that may be on for the side
streets. Instead, the detector identifies the approaching infrared signal as that of a lower-priority
transit bus anddoes one of two things. If the green phase is ON for the approaching bus, the
controller card will add 10 seconds,of green phase time if neededto allow the bus to pass
through the intersection before,the,light.turns yellow/red..Alternatively, if the bus's emitter is
detected during a red light phase; the bus will have to stop, but the:controller will automatically
reduce the length of the red light phase by 10 seconds thus shortening the bus' wait time. These
TSP signal timing adjustments are:subtle and the general public rarely notices the changes.
Increasingly, public transit agencies implement TSP to help their routes stay on-time and avoid
costly elongation of.-route running times. PT operating funds are limited because much of
Petaluma's Transit Development,Act (TDA) funding is a"pass-through" to fund Golden Gate
Transit and Sonoma County Transit regional services. Inthe.Bay Area, several of the planned
and active Bus Rapid Transit projects, along with entire local fixed route services like the
Emery-Go-Round (Emeryville) utilize low-level TSP. Case studies show that TSP can reduce
bus travel time by 5-10% which would save PT 1-3 minutes per half hour loop. While the time
savings may appear minor, itis the difference between comfortable and reliable operations with
adequate recovery time and successful passenger transfers, and system failure and passenger
delay.
DISCUSSION
Staff has developed the proposed TSP pilot project with sensitivity towards potential traffic
impacts. The "pilot corridor along North McDowell will allow staff to assess the effectiveness
of the technology using three primary criteria:
• Reduced transit bus travel time
• Minimal impacts on traffic
• No impacts on the "pre-emption" function utilized by Petaluma Fire
The pilotTSRproject will involve.replacing the City's aging TSP detection equipment in the
pilot corridor and,upgrading all signal,controller equipment at each intersection. Because many
of the controllers and detectors around the community are reaching their useful lives, the project
will provide great benefit by upgradingkey equipment. Emitters will be purchased for Petaluma
Transit fixed route buses,,and-a.central managerial monitoring and reporting software package
will be obtained to evaluate'theisystem's performance.
Staff seeks to utilize a professional engineering consultant with TSP and traffic engineering
expertise to provide design and construction support activities. Proposals were sought from
engineering firms with appropriate experience and expertise and a familiarity with Petaluma
traffic patterns. Three firms expressed interest and two ultimately provided the City with
proposals to perf5rm the design and construction support for the "pilot corridor":
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• DKS Associates of Oakland
• Kimley Horn and Associates, Inc. of Oakland
DKS submitted the preferred proposal, as evaluated by Public Works and Utilities staff DKS
offers recent Petaluma experience,including Sonoma Mtn. Parkway, Lakeville Hwy, and North
McDowell Signal Timing projects, the lowest costs, and the most recent and successful TSP
project experience. DKS is working with East Bay municipalities and AC Transit in the rollout
of the AC Transit Bus Rapid Transit corridors through Berkeley, Oakland, and San Leandro, and
VTA's light rail efficiency project.
Subject to Council approval, DKS will begin design work on all 13 intersections in the pilot
corridor this spring, and prepare the procurement and construction•documentation. The project
will be bid and the equipment be installed in the summer.months. Once completed,the pilot
corridor project will be evaluated over a six month period to ensure the project meets its goals as
noted above. Should the project prove successful and funding is available, staff will solicit
proposals for design and construction support for additional intersections in the latter half of FY
14-15.
The pilot TSP project costs are summarized below:
Planning/Design $42,000
Construction $155,000
Pilot Corridor Total $197,000
The Transit Advisory Committeeconsidered this item at their February 6, 2014 meeting and
recommends that City Council approve,the project CIP budget, including the use of the traffic
impact fees, and awards the contract for design and construction support for the pilot corridor to
DKS Associates.
The proposed action meets Council Goal: "Plan for and implement priority capital projects as
funding permits". •
FINANCIAL IMPACTS
The TSP projectwill be fundedwith a'mix of Traffic Impact Fees, Metropolitan Transportation
Commission (MTC) Transit Performance Incentive (TPI) Funds, and transit's TDA capital
funding. Petaluma will be applyingfor its:earned..share of MTC TPI funding for FY 12-13 and
13-14 in the amount of$152,222 to design and construct.the'pilot corridor. The proposed project
budget also includes $38,000 in City of Petaluma Traffic Impact Fees. This amounts to 19% of
the overall project total. Transit TDA capital funds will provide an additional $6,778.
Funding Source
TDA Transit Capital Funds $6,778
MTC Transit Performance Incentive Funds $152,222
City Traffic Impact Fees $38,000
Total Funding $197,000
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ATTACHMENTS
1. Resolution
2. DKS Professional.Services Agreement
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Attachment 1
RESOLUTION APPROVING THE TRANSIT SIGNAL PRIORITY PROJECT CIP
BUDGET AND AWARDING A CONTRACT FOR DESIGN AND CONSTRUCTION
SUPPORT FOR THE PILOT CORRIDOR TO DKS ENGINEERING
WHEREAS, the Metropolitan Transportation Commission (MTC), the Bay Area's
Metropolitan Planning Organization, has established a regional funding emphasis on projects that
optimize the efficiency of existing infrastructure, such as freeway and arterial signal coordination
projects, and projects that maximize limited transit operating funding; and
WHEREAS, Petaluma's Transit Signal Priority Project is a project that meets MTC's
emphasis on maximizing the effectiveness of existing transportation infrastructure, and, has the
dual-benefit of the establishment of low-priority signal preference for Petaluma Transit fixed
route buses, while upgrading and replacing vital TSP signal hardware utilized by the Petaluma
Fire Department and`the'City's Traffic Engineering Division; and
WHEREAS, the Petaluma Transit TSP Projectwill utilize a variety of funding sources,
including City Traffic,Impact Fees (deemed eligible and included in the list of eligible projects),
MTC's Transit Performance Incentive.,funds, and TDA (transit funds) Capital funding to deliver
first the 13 intersections of McDowell Boulevard (Caulfield to Old Redwood Highway) as a Pilot
Corridor, then, if the project performs as expected and meets its goals, a future Phase II will
expand the TSP'to other intersections within Petaluma; and
WHEREAS, City of Petaluma solicited proposals from engineering firms with
successful experience deploying TSP projects and received two proposals, with the proposals
evaluated by both transit and traffic staff, and the unanimous choice being DKS Associates with
their proposal for design and:construction support for a not-to-exceed amount of$38,370.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby approves the overall proj'ectbudget, including the use of$38,000 in Traffic Impact Fees
and awards the contract for the Petaluma Transit Signal Priority Pilot Corridor project to DKS
Associates.fordesign and construction support activities in a not-to-exceed amount of$38,370
and authorizes and directs the City Manager to execute the project contract on behalf of the City
of Petaluma.
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Attachment 2
• PROFESSIONAL SERVICES AGREEMENT
Petaluma Transit Signal Project
(Tide of Project)
FY 13/14 Fund!?6500 Cost Center 65200,Object Code 62210 Project#.Cti5101402 Amount S38 370.00
For multi-year contracts or contracts with multiple accounts:
FY Fund# Cost Center _ Object Code Project# Amount S
FY Fund# Con Center Object Code ..Project# Amount$
FY Fund# Cost Center Object Code .Project# Amount$
FY Fund# Cost Center Object Code Project# Amount S
FY Fund# Cost Center Object Code Project# Amount S_
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 DKS Associates, a Traffic Engineering
("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:
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 asdescribed herein, City shall
compensate Consultant in accordance with the ratesspecified 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'ladditional 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 $38;370:00 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specificbudget shall be exceeded without prior 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 a current W-9 form available from the IRS website (www.irs.Rov)
and has obtained a currently valid Petalumabusiness tax certificate.
PROFESSIONAL SERVICES AGREEMENT
(Manage n5093211 March 2013
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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 conditiohs'of this Agreement and any amendments thereto.
3. Term. Theterm of this Agreement:commences on the Effective Date, and terminates on
June 30,2014, 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•inprogress 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
coritractorand not;as.officets, 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
of this Agreement All work done and materials furnished; if any, shall be subject to
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PROFESSIONAL SERVICES AGREEMENT
(Manage P60932I)March 2013 7
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any'of its obligations pursuant to this Agreement.
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.
11. 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 thatit shall not acquire any interest, director indirect, financial or otherwise,
which wouldconflict 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.
• Consultantrepresents-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 approvaliof 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 shallhave 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
consistentwith the standards of Consultant's profession. All instrumentsof 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 of this Agreement
shallbe 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
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PROFESSIONA I.SERVICES ACREEM ENT
(iManage i60932 I)March 2013 8
the terms and conditions':of this Agreement, including but not limited to, procuring and
:maintaining: insurance 'coverageas requiredherein and which shall name City as an
additional:insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state andfederal rules„laivs,,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;anycopyright, 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. Living Wage Ordih'ance. Without limiting the foregoing Section 1-7, Consultant shall
comply fully with all`.'applicablerequirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the samemaybe 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 theamount of Wages and time off
that are required to be provided to thempursuant to the Living Wage Ordinance. The
Acknowledgement 'and. Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached'to this.Agreement•as Exhibit C,..shall be,a part of this Agreement for
all purposes, and Consultants,that are:subject to Living Wage Ordinance requirements, as
determined by the City,;must provide a properly completed Exhibit C 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.
19. 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.imviolation of any applicable law.
20. Notice, Except as otherwise:Specified in this Agreement, all notices to be sent pursuant
.to.this Agreement shall be,mage'in writing, and sent to the Parties at-their-respective
addresses,specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. Allsuch 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 as return receipt;
(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
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PROFESSIONAL SERVICES AGREEMENT
(adanage#609321)March 2013 9
•
(iv) facsimile transmission, in which case notice, shall be deemed delivered upon
transmittal, provided that (a) a duplicate copyof 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 onthe 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.A.S.C.E..
Directorof Public.Works andUtilities
202 North McDowell Boulevard
Petaluma, CA 94954
Phone: 707.77616372
Fax: 707:778:4508'
Email: dstjohnOci. etaluma.ca.us
Consultant
Consultant: DKS Associates
David Mahama, P.E.
1970'Broadwav,.Suite 740
Oakland, CA 94612-2219
Phone: 5101267.6613
Fax: 510/2681.1739
Email: dcm@dksassociates.com
21. Ownership of Documents: All original papers, documentsor 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'he used by Consultant,without the written consent of City.
Copies of-such documentsor papers shall not be disclosed to others without the written
consent of the"City Manager or'his or her designated representative.
22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense,'indeninify, 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 andcosts and fees of litigation) (collectively,
"Liability') of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
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PROFESSIONAL SERVICES`AGREEMENT
°Manage#609321)Mai 2h 201310
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be,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 inust;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, Consultantagrees 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 maybe 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 designprofessional
services;subject to California Civil,Code Section 2782.8, as may be amended from time
to time, Consultant's duty to:indcmnifyshall only be to the maximum extent permitted by
California Civil Coda".Section 2782.8.
23. 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-I, " "B=2,," "B-3," or "B-4. 1
24. Amendment. This.Agreement may be amended only by a written instrument executed
by:boihtParties.
25. Litigation. .If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant; upon request from City, .agrees totestify therein at a
reasonable and customary fee.
26. Construction. This:Agreement is`the'product of negotiation and compromise on.the part
of both Parties and that the Parties agreethat notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
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PROPESS ZONAL SERVICES AGREEMENT
(iManage#009321)March 2013 I
27. GoverningLaw; Venue, This Agreement shall be enforced and interpreted underthe
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be yenned in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. 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 fiili'force'and effect.
29. Severability. If anyterm 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.
30. No Third'Party'Beneficiaries. The Parties do notaintend to create,,and nothing in this
Agreement:shall be'.construedto;.create any benefit or right in any third party:
31. 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 mutuallyagree upon'the mediator and shall divide'the.costs of mediation equally.
32. 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 anddisbursements charged to the City for
a minimum period of°three (3) years or for any longer period required by law,
from the date o'ffinal,paynient to Consultant pursuant,to this.Agreement.
B. Consultant .shall maintain all documents and records which demonstrate
performance:under:this Agreement for a minimumperiod`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 writtem request by the City Manager; City Attomey, 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.
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PROFESSIONAL SERVICES AGREEMENT
(iManage P609321)March 2013 12
33. Headings. The headings used in this Agreement are for convenience only and are not
intendedto;affecttheinterpretation or construction of any provisions herein.
34. Survival All obligations arising prior to the termination or expiration of this-Agreement
and allprovisionsof this Agreement allocating liability between City and Consultant
shall'survivethe termination or expirationof this Agreement.
35. 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.Partiea'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 Kevivt I Piw&'t
City Manager Name
ATTEST: (tier t'
Title
n
70 ErrwH ._cud / 7cD
City Clerk Address
APPROVED.AS?TO FORM: a;;Jc:'(eti;,.c( 9tl-6f2_
City State Zip
• qy- Q58 3153
City Attorney Taxpayer I.D.Number
APPROVED: L,— 030IGdl-
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
lile name:s:\P W\Transit\Agreements-RFP's\TSP\DKS'Agreement-Professional Services Agreement(March 2013)
8
PROFESSIONAL SERVICES AGREEMENT
(iMonage#609321)March 201313
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watittaiVilgta
£ 4:k0
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December 18,2013 1970 Broadway,Suite 740
• Oakland,CA 94612
Josepft•Rye 510.763.2061
Transit Division Manager www.dksassociates.com
City of Petaluma
Public Works Department
555 N. McDowell Boulevard
Petaluma,CA 94954
Subject: Proposal to'-ProvideProject:Management for the Petaluma Transit Signal Priority Project in the City of
Petaluma,California' AA 13X03-034
Dear Mr. Rye:
DRS Associates is pleased to submit.thisproposalto provide project management and traffic engineering assistance
for the:proposed`.PetalumaTraiisit Signal Priority Project.in theCity of Petaluma.Our scope of work for the pilot
Phase 1i based on the following project understanding.
PROJECT UNDERSTANDING
The Petaluma Transit Division(agency)is see_kingto;improve transit operations along transit routes in the City of
Petaluma.Theproject will'install atransit
signal priority(TSP)system;with the objective 4
of reducing transit travel time and'delay at •
the signalized intersections along thebus" fib•
routes in the City of Petaluma The project
will,be conducted in two phases.
The first phase is a pilot,project that will
"�" '
install TSP system at•13:intersections,along
the segment of North McDowell Boulevard. &. -� ;`•
betweemCaulfield Lane.and Old Redwood • z ` "'
-\\.
Highway.The agency hassecured an amount �.
of$147,000 from local impact fees.to•fund
Phase 1 in fiscal year 13-14.The amount will °�, '
beusedLtofund the planning,procurement, '\ '
computer;,and•..installation%testing of the • ,r�,-3/i3\,
system. The.procurement will includea s�
Q.,
computer with central management
software,and all busand pilot corridor equipment upgrades.
The second phase,willscale the pilot',project to install the TSP system citywide at 47:additionalsignalized
intersections. DKS will propose a separate scope of work and fee for Phase 2 when readyfor commencement.
14
City of Petaluma • rg
Project Management for;Petaluma;Transit TSP
tjm
Page 2 o 6 ar , 7
The agency intends to utilize:Citystaff when cost:effective:tominiinize:project cost.The agency.is therefore seeking a
consultantwith7SP experience to lead and,manage the project with limited'staff:supervision/guidance.
SCOPE OF WORK FOR PHASE 1
Our scope of work is based on ourextensive experience;with working on TSP projects and the email correspondence
with Mr.Joseph Rye.Our approach'includes the following seven steps:
Step 1—Inventory;existingequipment
Step2--Define vision,goalsand[objectivesfor the project
Step 3-Conduct alternatives analysis for the project
Step 4—Prepare construction documents(design plans,specifications,and estimates)
Step-5—Assist with thebidd ing:process
Step 6-Provideconstruction.assistance
Step 7—Evaluate theeffectiveness.of the TSP System
Step.1 - Existing Conditions Inventory
DKS will work with City-staff to,prepare a,detailed inventory of existingtraffic signal equipment at each of the ten
intersections.This-wilf,indludeilisting a ll.relevant'equipmentin the traffic signal controller cabinet,traffic signal
controller firmware,type of opticom equipment.(model number)located at each'intersection and dates that the.
equipment were installed.CiKS will determine ifthe opticom units have multiple channels thatcan be used •
for both emergency vehicle detection"and transit signal'.priority.
Deliverable
1) A spreadsheet that lists the traffic signalcontroller equipment at the study intersections along the pilot Phase
1 corridor
Step,2— Define Vision,;Goalsfand Objectives
A half day workshop will be held with;key City staff to agree on and document the vision,goals and objectives for the
operation of the TSP system.This:focus group will consist of personnel from the transit agency,fire department,
traffic engineering department,:traffic signal maintenance department,and the City Engineer.The vision;goals and
objectives will be set in the context of,the City's;strategic plan,to show the'linkages between the.City'sicorporate
'obiectives'and the functions that will'berequired;of theTSP system.
Deliverable
1) Memoraridiim that documents the agreed vision,goals and objectives
Step.3 —Conduct Alternative Analysis for the Project
DKS will conduct an alternativesanalysis to inform the City,aboutwhat.options are available to achieve the project's
goals and objectives,,.The analysis will include an assessment of the suitability of the existing,opticom system,and
determine whether the equipment'need tobereplaced'oraugmented.
•
15
City of,Petaluma: ay.FM.24
z leg
Project Management for Petaluma Transit TSP of
Page of ' k
Deliverable
1) Memorandum that discusses how,the:existing opticom;system,compares with available technologies, and
recommended courseof action.that includes what type of TSP.system to procure and how to procure it.
Step 4— Prepare Construction'Documents (Design PS&E)
After acceptance of the recommendations,.DKS will prepare construction documents.at 65%,95%and 100%. DKS
proposes cost effective design solutions forthe TSP system. DKS will obtain asbuiltplans forthe signalized
intersections along the study corridor and markup needed improvements with appropriate construction notes in lieu
of providing detailed traffic signal drawings.Should DKS find the asbuiltplans to be:illegible for use,DKS will
renegotiate a fee to develop cost effective constructible traffic signal design plans.However, DIG is prepared to
provide detailed design to update'existing traffic signal design plans'if the City/Transit agency require such detail
plans.
Deliverables
1) 65%Design plans,specifications and;construction cost estimate (submitted'electronically as PDF)
2) 95%Design plans,'specifications arid-construction cost estimate(submittedelectronically as PDF)
3) 100%Design plans,specifications and;construction cost estimate(submitted electronically as PDF)
4) Response to Cit(s review comments on the 65%and 95%designPS&E,along with return of mark-ups
Step 5—Assistwith=thel'Bidding Process
• DKS will prepare:
o Bid schedule and/or schedule of values
o Tabulation of quantities of all work items and materials
o Engineers,estimate.of construction costs
o
Recommendation for allowedconstruction time period
• Respond to questions concerning the plans,'specificationsand estimates prior to bid opening.
• Prepare design modifications'or clarifications,if needed.
• Preparecontract document addenda,if needed.
• Prepare,conform drawings mcorporating"addendum'before.the pre-construction meeting:
• Provide,a recommendation to the Petaluma Transit Division for award of construction'contract.
Deliverables
1) .Prompt responses'to all requests for information (RFI)
2) Addenda as necessary
16
City of Petaluma � m:# .
Project Management for Petaluma,Transit TSP Ts: : s u ‘
Page 4 of 6 :Ca -
Step6-Provide Construction.Assistance
• DKSdesign"staff will be available to answer contractorbid questions:and•requests for •
information/clarification (RFI)of the design and/or construction documents. For a,project of this type,we
estimate thatthe level of effort.would entail approximately eight.(8)-hours of staff time.
• Assist City staf(to,review contractor change order requestsandre-design for an additional fee,if needed.
For a project of this type we estimate that the level of effort would entail approximately eight(8)hours
of staff time.
• When requested by Agency staff,DKS will attend additional meetings:to answer design questions and
clarify design elements. For a projectof this type,we estimate that the level of effort would entail
approximately eight(8)hours of staff time.
• Prepare record drawings from the Contractor redlineasbuilts.if requested for an additional fee. For a
project of this type,we estimate that the level of effort would entail approximately 16 hours of staff time.
Deliverables •
1) Prompt responses to all:requests for information (RFI)
2) Prompt responses to all submittals
3) Prepare record drawings(orasbuilts)for an additional fee and submitted as AutoCAD and PDF files if
requested
Step 7-- Evaluate the Effectiveness.of the TSP System
The;effectiveness of, TSP system deployed for the pilot study will,beevaluated to determine whether it is
worthwhile to install the system,to.operateat the;remaining:47 traffic signals in the City of Petaluma.Nine of the 47
traffic signals are state owned:and maintained traffic signals.
The evaluation will entail a"'Before".and"After"study,which will be conductedduring;the deactivation and activation
of the TSP system respectively.It is prudent to conduct thestudies withina.few days apart to minimize susceptibility
to changing traffic conditions.
The performance measures:for the evaluation will be selected with the objective,ofmeasuring theimprovements in
bus travel time and assessing the impact of the TSP system onside street traffic.
The bus travel time will be measured by mounting an on-board:GPS unit: Due to the variability in bus boardingand
alighting,.the,bus dwell timewill be collected,and excluded from the overall travel time alongthe stud)/corridor.A
minimum of four runs will'.be conducted for.each directions along the study;corridor;during the a.m.,,midday, and p.m.
peak periods for.the"Before'and'"After".studies. The evaluationwillbeconducted for.Bus Route 2 that travels from
Maria Drive to Old-Redwood Highway.
To assess the impact of the TSP system onside-street traffic, DKS.will make observations at two critical intersections
along the study corridor.The observations,will.be conducted to determine.the.effectiof the TSP preemption on other
non-coordinated,phases.Specifically,:observations will.be:made for critical movements to determine if there are any
residual traffic build up due to the TSP'operation.The N. McDowell'Boulevard/E:..Washington Street and N. McDowell
Boulevard/Corona Road intersections are suitable locations for the field observations.
•
17
City of Petaluma i '
.;" t '-i"'='
Project.Management for Petaluma Transit TSP 4 ' '
Page 5 of 6
PROPOSED STAFF
Kevin Fehon,P.E.,PTOE,will be the Principal-In-Charge and Technical Advisor for the project. He will be responsible
for the Quality Control review of all deliverable. He will facilitate the workshop with City staff. Kevin has successfully
s performed his role on numerous similar projects.He has 40 years of
4 v"=4, f' -4,a4-1.%•;;••=, experience with traffic signal systems,and.has.assisted several agencies in
+ , •, ' n e the •San Francisco Bay Area to develop'strategic plans for traffic operations,
., Cil �, j r! ITS master plans andsignal system masterplans;including the cities of
�-" „. Walnut Creek, Roseville, Napa, Livermore and Santa Rosa. He is currently
` ti
v`l - "c r a+ , is` leading the traffic signal systems design for'the Valley Transportation-
a Authority Light Rail.Efficiency Project and the:East`.Bay Bus Rapid Transit
+-ate?rt m _ 'x r jproject,which include transit signal priority design.He hasdeveloped
v s b B.-
;/':"
. concept of operations and system requirements for successful advanced
a , .1 ' I'. traffic signal systems in Mesa,AZ,Bellevue,WA,Gresham,OR and Pasadena,
,� ,�-�.>'. ,m a,41 r-.7'LLN; CA. Hehas also managed and implemented numerous traffic signal
coordination projects for groups of signals ranging up to 250 signals.
•
David Mahama,P.E.,will be the project manager.He will coordinate the .e ' e rr0'`0
equipment inventory and.assist Kevin develop the TSP operational `i „,y,:.4 --`t,.-�'" wr►'+ �-
'?- :•C::::.' s
scenarios and document the vision,goals and objectives. David has over 15 sw� ,.. , `=, y. r..
years-of experience developing and.implementing traffic signal t�,,P,t „ �.
' r �0�
coordination timing plans in many cities in the Bay Area including signal # - •
timing for theN ,McDowell Blvd Sonoma Mountain Parkway ,and Lakeville ''ase`.
Highway corridors in the.City of Petaluma.He has good understanding of tr Lii ' - ,-.0.--
Highway
operational requirements for setting up,fine tuning and maintaining signal L2x� .+r
timing:parameters. He also has experience with traffic signal design, cost k'a� ,'•• a fit aj
estimation and construction scheduling. -- - -..a
Filipe:Cheong,Ea:T will assist withithe design plans,specifications and estimates(PS&E);and construction assistance.
Filipe has extensive design PS&E experience.Filipe hasextensiveexperience in traffic signal engineering and traffic
traffic
[r.sri._” .aa ra;; 4 design projects within the public and private right of ways,working with
• "A "' W' t fi,x I Caltrans and the utility companies. He has six years of experience in
mss -, t T a. ' preparing Plans,Specifications and Estimates(PS&E)for street
a e ' te • x-
,�' s, k' a. f, improvements-plan engineering.He is currently a'lead,project engineer for
-,,,-4, 44,,,,,, S z ,. the'East Bay'Bus Rapid Transit project,which includes the modification.of
1.5,,,,x-,z;.< . ` ' *4`"'14: cc' 122 traffic signals along.International Boulevard and E.14`"Street in the
v ;.
`e ij; # . i Cities of San Leandro and Oakland.
s
a
18
•
City of,Petaluma '*i+rrr'i�s` ' w ;
Project Manag&ment for Petaluma Transit TSP • * if4t ;.
Page 6o 6 747 7 77 7
PROJECT SCHEDULE
Theproposed project schedule attached'to this proposalassumes a notice to proceed date by November 11, 2013.
DKS team anticipates completing the Petaluma Transit TSP Pilot project within a periodof approximately 106 working
days after notice to proceed as shown in the chart.The duration of the construction documents preparation includes
two weeks for review of the 65%and 95%Design PS&Edeliverables.
Following the completion of the final bid documents,DIG will provide.Constructionsupport for up to a maximum of
20 hours during the four weeks construction period.
BUDGET
DKS will perform this work scope on atime and material basis,fora total fee of.$38,370.OKS reserves the right to
reallocate the resources in order to accommodatethe actual needs of the project,subject only to the agreed upper
fee limit.
As a Principal with DKS Associates,I:am able to legally bind the firm into.contract.The offer expressed in this proposal
will remain valid for a period of ninety(90).days. Please do not hesitate to call me at:(510) 267-6608 or email me at
kjf@dksassociates.com with any questions or:ifyou require further assistance: Thank you for considering DC for this
proposal.
Sincerely,
DKS Associates
A California Corporation
/r 4
Kevin Fehon,.P.E., PTOE •
Principal
Cc:David Mahama,,P.E., DKS
Curtis Bates, P:E.,City of.Petaluma
Attachments:
• 1) ;Project.Schedule
2) Budget Spreadsheet
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21
INSURANCE REQUIREMENTS
EXHIBIT B-2
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 requirementh.herein provided shall appear either in the'body of the insurance
policies oras endorsements and shallspecificallybind 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, theperformance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained atthe level specified herein for the duration of this
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 broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal-injury;
b. ContractuaLliability.
2. InsuranceServices Office form covering,Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liabilityinsurance.
5. Such other insurance'coverages and limits 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. IfCommercial General Liability Insurance or other form
with a generalaggregate 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- $1,000000 each employee.
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 132
Page 1 of 2
INSURANCE REQUIREMENTS(City)
(iManage 4609323)March 201322
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 protection afforded to the City,
its officers, officials,employees, agents or volunteers.
2. For any claims related to.this project, the Consultant'sinsurance coverage shall be
primal:), insurance as respects the City, 'its office'rs, 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'insuranceiand shall not contribute with it.
3. Anyfailure'to comply with reporting or other.provisions'ofthe 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' prier 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 orothers involved in any way with the Services to do likewise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less"than
A:VlI.
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
Page 2 of 2
INSURANCE REQUIREMENTS(City)
(ihlsimge 4609325)'Match 2(11323
EXHIBIT"C
ACKNOWLEDGEMENTAND:CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 836
The City of Petaluma Living Wage Ordinance ("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 City and/or PCDC funding
or financial benefits ("covered.entities").
Pursuant to Petaluma Municipal Code Section 8,36.120, as°part of any bid, application or
proposal for any Agreement isubjectto;the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions. •
• Completethe Report of Charges,Complaints, Citations and/orFindings 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 agencyor 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 presented.to;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 shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this.Acknowledgement and Certification, the covered:entity(i) acknowledgesthat
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, (iii) 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
this Acknowledgement and Certification:is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Pagel of3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(Manage#1638697.2 (March 2013)24
SO ACKNOWLEDGED.and CERTIFIED:
Project or Contract,I.D:
iC S /r>sOCc 64145 Date: 2..20 . 13
(Print Name of Covered EntityBusiness,Capacity)
By f«v( N P -I-roLL
(Print Name)
Is/
(Signature)
Its rF(L( C-(P rFL
(Title/Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
°Manage.N1638697.2 (March 2013)
25
REPORT OF CHARGES, COMPLAINTS,: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 CHARGE,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 OF.FAIR EMPLOYMENT AND HOUSING,DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONALLABOR RELATIONS
BOARD,WHICH:
• AFFECTS YOU ASA PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION-FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36(LIVING WAGE ORDINANCE),AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARSIMMEDIATELY PRIOR TO THE
BID, PROPOSAL,SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE-PROVIDE THEDATE,THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT,CITATION OR FINDING,THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY,FOR EACH,SUCH CHARGE COMPLAINT,CITATION OR FINDING.
IF NONE,PLEASE STATE"NONE": Mo:.a G
ATTACH ADDITIONAL PAGES IF NEEDED:
Date:
Regulatory Agency or Court:
Subject_Matter:
Resolution,'if any:,
Expected resolution; if known:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AM)CERTIFICATION
()Manage#1638697.2 (March 2013)
26