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HomeMy WebLinkAboutStaff Report 3.D 04/21/2014DATE: April 21, 2014 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan �t SCE — irector, Public Works & Utilities Larry i7 caner, P.E. — Capital Projects Manager SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement for Engineering Services for the Petaluma Complete Streets Project It is recommended that the City Council adopt the attached Resolution authorizing the City Manager to execute a Professional Services Agreement with GHD for Engineering Services for the Petaluma Complete Streets Project. BACKGROUND On January 7, 2013, the City Council authorized staff to apply for the One Bay Area Grant (OBAG) program for a rehabilitation project within the City's Priority Development Area. The authorization included a grant request of $2,237,153 for the Petaluma Complete Streets Project. The City was awarded the OBAG grant later in the year for the amount of $1,848,000. The OBAG grant includes federal Surface Transportation Program (STP) funding and Congestion Mitigation and Air Quality Improvement (CMAQ) funding, which requires funding authorization through our local district office of Caltrans. The specific project limits for the Petaluma Complete Streets Project are Lakeville Street from East Washington Street to Caulfield Lane and East D Street from the D Street Bridge to Lakeville Street. The proposed project improvements will include asphalt rehabilitation, ADA improvements, restriping, sidewalk gap closures, and Class II bicycle lanes on Lakeville Street. The proposed item meets Council Goal: "Plan for and implement priority capital projects as funding permits." Agenda Review: i City Attorney Finance Director City Manager�� �_ After award of the grant, staff worked with Caltrans to gain authorization to proceed with design. Once approval was received, staff advertised a Request for Proposals to design consultants on January 9. Four proposals were received by the City on February 6, 2014. Staff reviewed and ranked the four proposals and selected GHD of Santa Rosa. GHD will be tasked to complete 100% construction plans and specifications for the project by January 9, 2015 and provide construction support services as part of their agreement. Construction support work will generally include responding to bid questions, requests for project clarifications and changes, review change orders, and to provide record drawings. GHD has demonstrated the ability to provide high quality design plans and construction support on prior City projects of similar complexity and magnitude. Their staff is familiar with the project and City facilities. It is anticipated that the design will continue into FY 14/15 with construction to begin in the summer of 2015. The City Council will have the opportunity to confirm or approve the project budget; and review and award bids prior to construction. FINANCIAL IMPACTS The services proposed under this Professional Services Agreement include design and construction support services for $183,077. The total budget for this project is $2,138,000. Funding for this project includes $1,848,000 from the OBAG Grant with $290,000 in local match and overhead funds to come from Street Maintenance Funds. No general funds will be used for this project ATTACHMENTS 1. Resolution 2. PSA 3. Location Map Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE PETALUMA COMPLETE STREETS PROJECT WHEREAS, the City of Petaluma wishes to design and construct the Petaluma Complete Streets Project; and WHEREAS, this project requires the services of a quality professional civil engineering design firm familiar with similar projects; and WHEREAS, the City of Petaluma advertised the Request for Proposals on January 9, 2014 and four (4) proposals were received on February 6, 2014; and WHEREAS, the proposals were reviewed and GHD of Santa Rosa was selected as the consultant for the project; and WHEREAS, GHD's ability to produce quality work on civil engineering projects has been demonstrated in the City of Petaluma for many years as well as other Northern California municipalities; and WHEREAS, staff recommends the City execute a professional services agreement with GHD for civil engineering design services in order to complete construction plans, specifications and provide construction support for the Petaluma Complete Streets Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: 1. Authorizes the City Manager to sign the attached Professional Services Agreement for civil engineering design services and construction support with GHD for the Petaluma Complete Streets Project in the amount not to exceed $183,077. Attachment 3 PROFESSIONAL SERVICES AGREEMENT ENGINEERING DESIGN SERVICES FOR THE PETALUMA COMPLETE STREETS PROJECT (Title of Project) FY 13/14 Fund 4' _ Cost Center 3030 Object Code _ Project CI 6101416 Amount $163.077 For multi-year contracts or contracts with multiple accounts: FY_ Fund,'.' _ Cost Center _ Object Code _ Project m Amount $_ FY Fund It Cost Center _ Object Code Project n _ Amount $_ _ FY _ Fund * — Cost Center_ Object Code _ Project"_ Amount $_ FY Fund,ur Cost Center _ Object Code _ Project n Amount $_ _ FY Fund N _ Cost Center _ Object Code _ Pmjeet r Amount $_ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of v0_ ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and GHD, a civil engineering firm ("Consultant") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ('`Services"). Z. Compensation, Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance wiih the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $183.077.00 (One Hundred Eight -three Thousand Seventy-seven Dollars and Zero Cents) 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 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.gov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES (Wanage P1037730) March 2013 4 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terns and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30 2016, 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 banlauptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. Consultant's Representation, Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees: shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment- 6. mployment 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for fumislring 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 PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (&I.mp-1037730) Mutdi 2013 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 Deports. 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 that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fu1ly with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing; Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignnrent/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. Amy 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 PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES (iManageflu37730) March 2613 0 maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent trademark or other intellectual property Tight 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. Prevailine 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 frilly with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit D shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit D in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 20. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or 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; PROFESSIONAL SERVICES AGREEML-NT—PREVAILING WAGES (iMa..gc °1037730) Momh'_013 (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt: (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 the delivery service: or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707)778-4360 Fax: (707) 778-4554 Email: cityclerk@ci.petaluma.ca.us And: Dan St. John Public Works and Utilities 11 English Street Petaluma, CA. 94952 Phone: 707-778-4474 Fax: 707-776-3602 Email: dstiohnOci petaluma.ca.us Consultant: Bill Silva GED ')?35 Mercury Wav, Suite 150 Santa Rosa, CA. 95407 Phone: 707-523-1010 Fax: 707-527-8679 Email: bill.silva(@ghd.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 5 PROFESSIONAL SERVICES ,AGREEMENT — PREVAILING WAGES (Manage �1037730) March 2013 limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in 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. 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 detennines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees conceming any Liability of the Consultant arising out of or in connection with the Services or any failure to comply with any of the terms of this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants in Exhibit B-2 attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-1 " "B-2 " "B-3,"or "B-4. "] 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. 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, PROFESSIONAL SERVICES .AGREEMENT -PREVAILING WAGES (,7utancgc 8037730) Murch 2013 any uncertainty in the Agreement shalt not be construed against the drafter of the Agreement. 28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma; State of California. 29. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Party Beneficiaries The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this 'Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any parry authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. PROFESSIONAL SERVICES AGREEMENT—PREV.ALLING WAGES (IMamigc k 037730) Much 2013 10 34. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 35. Survival. All obligations arising prior to the temunation or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 36. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WBEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONS � L ANT;j Y —,� City Manager Name ATTEST: Citv Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director r Title �?.�.✓a•3 ft/iG-Y1�L��G� i�%%�'f.{; St�tdt"..f�Zi Address 5M,JM RZ5a C tk i City State Zip Taxpayer I.D. Number // �-©S01(/44- Petaluma Business Tax Certificate Number file name: S:\CIP\ProjccuTetalumacompittcsmcts C161014160esign\I AO Consult Aerr1ms\GFID Werccmcm - PSA PML (March 2U 13).doc PROFESSIONAL SERVICES AGREEMENT — PREVAILING MAGES (Oduaaee @ 1037730) March 2013 11 ENGINEERING DESIGN SERVICES FOR THE PETALUMA COMPLETE STREETS PROJECT FEDERAL PROJECT NO. STPL-5022(055)/CITY PROJECT NO. C16101416 SCOPE OF WORK The following detailed scope of work is for the Petaluma Complete Streets Project. The services covered under this contract are professional engineering services and will be performed under the responsible charge of a Registered Engineer in the State of California. Task l.0 — Project Management 1.1 Prepare Work Plan Consultant will develop a work plan identifying all major tasks and milestones. Staff assignments, contact information, scope of services, and detailed schedule breakdown will be developed under this task. The work plan communicates to all project team members the goals and objectives of the project, who is responsible, and when tasks start and stop. 1.2 Project Kickoff Consultant will schedule a kickoff meeting with City staff. The meeting will be used to communicate project work plan, proposed design schedule, establish goals, provide coordination, set field visit times/dates and obtain input from staff on existing conditions and pavement repair options 1.3 Monthly Progress Reports Consultant will prepare and submit progress reports each month summarizing the work accomplished during the billing period, the work to be accomplished in the upcoming billing period, critical issues requiring resolution, and budget status. Progress reports provide the City with a summary of the work progress and overall project status. Meet with City staff at completion of Preliminary Design, 65% and 90% design submittal reviews to review City comments. The review will cover design recommendations, plans, estimate of probable costs, project constraints, key technical specifications, and division zero specifications including measurement and payment. 1.4 Utility Coordination Consultant will review the existing utility information provided by the City for the project sites. City provided utility information includes water, sewer, storm drainage and traffic signal. Send information request letters to various utility providers to submit as - built drawings delineating location of utilities. Utility providers are PG&E (electricity, lighting and natural gas), AT&T (telephone) and Comcast (CATV). Request utility owners to field locate their facilities. It is understood that information on existing utilities provided by utility owners may not be complete (for example, vertical location of certain utilities may not be available) and cannot be verified during design. Utility information provided by the owners of the utilities will be compared against information obtained during the field visits to approximate the location of the existing utilities on the plans. 12 Potholing by the Contractor during construction may be required to verify locations and adjustments or relocation of existing utilities may be required (shallow utilities). Task 2.0 — Project Surveys 2.1 Topographic Survey Consultant will provide a topographic survey, which will include all necessary work to produce a topographic map, including features such as, but not limited to; building corners and elevations, curb lines, water meters, sewer cleanouts, valves, manholes, utility markings on the pavement, utility poles, driveway and doorway locations, sidewalks , trees (4-iches and larger), retaining walls or decorative walls, and any other pertinent information that could apply to the project during design. 2.2 Right -of -Way Mapping Consultant will provide Right -of -Way Mapping (ROW). ROW lines will be established by record information only. Exclusions: o A boundary survey is not a part of this scope of work. ® A record of survey will not be prepared for this project. Task 3.0 — Preliminary Engineering 3.1 Site Visit/Meet with City Consultant will conduct detailed field visits to all project sites, as necessary. The purpose of the field visit is to refile mapping, verify existing conditions, and identify constructability issues and locations requiring specific repairs. The project team will take additional detailed notes and photos as needed for later use during field surveying and project design. 3.2 Geotechnical Investigation Consultant's subconsultant, RGH will conduct a superficial reconnaissance of the pavements to evaluate the condition of the existing asphalt including crack patterns and general wear and determine where pavement section measurements are required. During the reconnaissance, RGH's engineer will mark exploration areas with white paint and call Underground Service Alert (USA) so that their members will mark the locations of their utilities. RGH's engineer will mark 14 to 16 locations along East D Street and Lakeville Street. As required by the City of Petaluma (City), RGH will obtain an encroachment permit for drilling in the streets. Once the locations have been cleared of utilities, RGII will explore the subsurface conditions by drilling a boring at each location. The borings will be drilled using a truck- mounted drill rig and will extend through the pavement section and into the underlying subgrade soil. Traffic control will be provided. RGH's engineer will log the borings and obtain bulk and relatively undisturbed samples for visual examination. classification, and laboratory testing. Selected samples representative of the material types encountered will be laboratory tested to determine certain characteristics pertinent to the analysis. These may EXMBIT A Page 7 of 9 13 include classification (Atterberg Limits and grain size distribution) and R -value. The borings will be backfilled with cement -bentonite grout with fast -setting concrete placed in the upper few inches. Based on the analysis of the field and laboratory work RGH will develop the following geotechnical information: ® A brief description of the pavement sections encountered; and o Specific conclusions and recommendations concerning: o Primary geotechnical engineering concerns and mitigating measures, as applicable; o Pavement section rehabilitation options; and o Supplemental geotechnical engineering services Deliverables The results of the study in a written report including summaries of the field and laboratory work. 3.3 Geotechnical Revicw and Consultation Consultant's's subconsultant RGH will provide on-call consultation during the project design and will provide plan and specification reviews for conformance to the findings in the geotechnical report. 3.4 Preliminary Engineering—project development and evaluation Consultant will develop repair methodology for entire length of roadway, including typical repair details and structural sections (using Caltrans Highway Design Manual methods) for each type of repair section. The appropriate design Traffic Index for each segment will be confirmed using traffic data from the City, or data collected as an optional tas1L Prepare a brief Technical Memorandum to summarize and rank the following repair options based on a desired 20 year service life: ® In -Place Recycling • Full Depth Reclamation with Cold Foam Asphalt a Asphalt Rubber Approach Provide construction unit cost estimates for typical roadway repair section types. Discuss the use of limited pavement corings and Caltrans Highway Design methodology to refine recommendations and evaluation of pavement repair options. Meet with City to discuss comments on draft Technical Memorandum. Revise and finalize technical memorandum incorporating City comments and final recommendations. Consultant will examine project area and make recommendations for implementation of sidewalk gap closures, pedestrian curb ramp selection, Class H bicycle lanes, reconfiguration of striping and high visibility cross wallas. EXHIBIT A PaEe 3 of 9 14 Deliverables • Draft and Final Preliminary Design Technical Memorandum summarizing critical project elements and recommendations (5 copies) • Geotechnical Letter Report (5 copies) Task 4.0 — 65% Design 4.1 65% Plans Consultant will provide 65% plans using aerial background mapping/associated subdivision improvement plans/as-built drawings/benclunark infonnation/and utility information to clearly illustrate limits of pavement repair, type of repair, striping, signage, location of detectable warning surfaces, sewer/stoma drain manhole riser replacements, utilities to be raised to grade, as well as other items required for the project. The 65% plans shall be sufficiently detailed to serve as the basis of the 90% submittal. Comments and recommendations provided by the City shall be incorporated into the 90% plans. The City will distribute 65% documents and return one consolidated continent review package to the Consultant. Drawings will be prepared using AutoCAD 2011. The plan set will include construction phasing and suggested temporary traffic control plans detailing the proposed sequencing of work, temporary traffic control requirements, public notification, shifting of traffic, lane closures, detours, and other such work involved minimizing public disruption through and/or around the adjacent work zone(s) and to provide all contractors with standard minimum expectations for bidding. The contractor will be responsible for submitting their own temporary traffic control plan and implementing/maintaining all temporary traffic control measures. Plans will be prepared at a scale of 1"=40' or 1"=20'. It is anticipated that the following plan sheets (up to a maximum of 25 total sheets) will be included in the 65% and subsequent submittals: Sheet Description • General Sheets — (4) • Street Rehabilitation Plans — (7) • Civil Details and Structural Sections — (5) • Striping Plans - (4) • Construction Sequencing and Suggested Traffic Control Plans - (4) • Construction Phasing and Suggested Traffic Control Typical Sections - (1) 4.2 65% Specifications Consultant will outline specifications and will use the latest version of the City of Petaluma boilerplate Contract Document and Specifications for the project. The specifications will include a project description, description of bid items, and a consolidated list of submittals for the project. Consultant will include Caltrans' standard Notice to Contractors and Special Provisions, including Contract Language in Exhibit 12-G of the Local Assistance Procedures Manual in the front end specifications. In addition, the current (at the time) EXHIBIT A Page 4 of 9 15 Davis Bacon determination will be referenced and will be updated prior to bid advertisement The City's Quality Assurance Plan (QAP) will be referenced in the Contract Documents. Caltrans Special and Federal Contract Provisions will be incorporated into the specifications. The City's (City provided) Disadvantaged Business Enterprise (DBE) goal for the project will be included in the Specifications. Written documents will be produced using Microsoft Word. 4.3 65% Quantities and Estimate of Construction Probable Cost Consultant will prepare estimate of probable construction cost (Excel spreadsheet) at the 65% design level. Construction contingency will be included. Deliverables C Check Set of 65% full-size (22"x34") Plans (3 copies) a Outline Specifications (2 copies) a 65% Estimate of Probable Construction Cost (2 copies) Task 5.0 — 90% Design 5.1 90% Plans Consultant will provide 90% plans including City continents from the 65% review. The 90% plans shall be substantially complete and sufficiently detailed to serve as the basis of the Final submittal. Comments and recommendations provided by the City shall be incorporated into the Final plans. It is assumed that the City will distribute 90% documents and rewm one comment review package. 5.2 90% Specifications Consultant will provide updated 90% specifications including City comments from the 65% review. Testing requirements within the specifications will follow the City's QAP. 5.3 90% Quantities and Estimate of Probable Cost Consultant will prepare estimate of probable construction cost at the 90% design level. Construction contingency will be included. Deliverables ® Check Set of 90% full-size (22"04") Plans (3 copies) a 90% Specifications (2 copies) a 90% Estimate of Probable Cost (2 copies) Task- 6.0 — Final Design 6.1 Final Plans, Specifications and Estimate of Probable Cost (PS&E) Consultant will provide complete set of biddable contract documents and final estimate of probable construction cost. To comply with Caltrans requirements, the City will submit the local agency PS&E Certification (Caltrans Exhibit 12-C) and the PS&E Checklist (Caltrans Exhibit 12-D) EXHIBIT A Page 5 of 9 16 along with the PS&E package to the Caltrans District Local Agency Engineer when making their request for authorization to proceed with construction (E-76). The PS&E Certification must be signed by the engineer responsible for the project The City rill prepare Exhibit 12-C and 12-D for submittal to Caltrans and handle all Caltrans coordination. Deliverables m Final Stamped/Signed full-size (22"x34") Plans (1 Mylar copy) e Final Stamped/Signed, camera ready Specifications (2 copies) ® Final Estimate of Probable Construction Cost (2 copies) ® Final Plans and Specifications signed and stamped for the City to submit to Caltrans along with checklists for funding requirement review (1 copy). ® CD electronic copy of final Plans and Specifications (in .dwg, .dwf and .pdf format) Task 7.0 —Bid Assistance 7.1 Project Addendum The Consultant will assist the City in preparing technical addendum(s) as needed. The City will distribute the addendum(s) to all known plan holders and Caltrans. 7.2 Respond to BFI's The Consultant will respond to technical bid questions directly to/from the City. The City will then distribute any necessary clarifications to known plan holders. Task 8.0 — Construction Assistance 8.1 Review Contractor Submittals Consultant will review all technical submittals on the project. Submittal review will include shop drawings, materials, test reports, and manufacturer cut -sheets. Submittals will be forwarded to the Consultant by the City and returned to the City upon completion for circulation to the Contractor unless otherwise directed in writing. The Consultant will maintain a log of all submittals. 8.2 Respond to RFI's. The Consultant will review Contractor RFI's and provide written responses as needed. RFI's will be forwarded to the Consultant by the City and returned to the City upon completion for circulation to the Contractor unless otherwise directed in writing. 8.3 Project Closeout Incorporate consolidated and legible "as -built' marlcups from Contractor and provide City with one set of Record Drawings. Deliverables C Record Drawings (1 full-size bond copy, electronic pdf copy, and AutoCAD 2011) EXHIBIT A PaEe 6 of 9 17 Task 9.0 — Caltrans Processing Assistance (as needed) At the City's request in writing, the Consultant will provide assistance for Caltrans processing up to a budgeted not -to -exceed amount of $6,000. 9.1 Caltrans Right -of -Way and Utility Certification The Consultant will prepare the no Right -of -Way Certification and Utility Certification. 9.2 Caltrans PS&E Submittal At the City's request, the Consultant can provide assistance in preparation of the following for submittal to Caltrans: • Plans and Specs • Exhibit 12-D PS&E Checklist e Exhibit 4-A Local Agency Agreement Checklist ® Exhibit 3-0 Finance Letter o PS&E Certification on City Letterhead o Engineer's Estimate of Probable Construction Costs o Right -of -Way Certification (from Task 9.1 above) a Exhibit 3-D, Request for Authorization to Proceed with Construction ® Exhibit 15-A, Construction Contract Administration 9.3 Request for Authorization to Proceed with Construction (E-76) At the City's request, Consultant will provide assistance for preparation of the request package for Authorization to Proceed with construction, which would include the Field Review Form, a copy of the approved NEPA document, approved Right -of -Way Certification, project finance letter, engineer's estimate, PS&E Certification (Exhibit 12-C), PS&E Checklist (Exhibit 12-D) and PS&E package. Assumptions: o Recent improvements at the intersection of Copeland and D Street are ADA compliant e No utility potholing included; project is not anticipated to go into the subgrade. ® Cold foarn mix design to be completed by Contractor based on performance spec. Task 10.0 — Schedule Upon authorization, Consultant will submit an updated schedule for design completion. 100% PS&E will be completed by the Consultant and submitted to the City no later than January 9; 2015 to ensure project delivery to Caltrans by February 1, 2015. Task 11.0 — Compensation Compensation shall be based on actual time expended to complete each of the project tasks by the identified staff member positions at the rates established in the following task summary. If a change or addition in staff members is identified through the duration of the project, the City will be notified with the applicable staff member position and hourly rate per the hourly rates schedule provided in this exhibit. Total compensation for any task shall not exceed the total amount indicated for that task without prior written approval from the City. EXHIBIT A Page 7 of 9 IU EXHIBIT A ma e, 19 \»l,.S.l.'. ,0 G[g8§\/ »/ / g;Gg QG\ \/§ x=e�le9 Re 9 e:mow ew§ \\/! , , § § \ EXHIBIT A ma e, 19 Y� r � 1 Hnudv Rates Manager 1 $ 255.W Manager 2 245.00 Manager 3 230.0) Principal Professional 1 205.00 Principal Professional2 190.00 Senior Professional 1 170.00 Senior Professional 2 150.00 Professional 1 135.00 Professional 2 120.00 Professional 3 105.00 Vacation Professional 55.00 Sr. Principal Tech Officer 2 155.00 Principal Tech Officer 1 1-40,(0 Principal Tech 0fficer2 130.00 Senior Tech O ricer 1 125.00 Senior Tech Officer 2 110.00 Drafter 1 95.00 Drafter 2 SO.Ce Trainee Drafter 70.00 PT/Prindpal Admin Officer 255.00 Principal Admin Officer 170.00 Senior Admin Officer 105.1 Admin Officer 1 95.00 Admin Officer 2 55.C9 Admin Officar 3 75.00 Principal Service Group Support 175.00 Senior Service Group Support 115.00 Service Group Support 1 100.00 Service Group Support 2 90.00 Service Group Support 3 75.00 Sr. Construction Manager 215.00 Construction Manager 195.00 Principal Site Engineer 165.00 Sc Site Engineer 130,CC1 Site Engineer 115.00 Senior Inspector 100.00 Inspector EO.00 Chainman 55.00 Clerical 55.00 EXHIBIT A Page 9 of 9 20 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract an necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve 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 Liability coverage: 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 Liability Insurance. 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 limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the 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 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 B2 Page 1 of 2 INSURANCE REQUIREMENTS (City) (ilvtanage 609325) Match 20.13 21 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'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 provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. 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 B3 Page 2 of 2 MSUPLANCE REQUIREMENTS (Cih') (-Unna @609325) March 2013 1)i HOURS OF WORE: 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 provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or pernritted 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. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing 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 subconsultant had knowledge of their obligations under the California Labor Code. The Prevailing Wage Exhibit for Service Agreemenu Provisions Required Pursuant to California Labor Code 9 1720 at seq. (Nhrr orae =1037770) (March 2013) 23 Consultant or subconsultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subconsultant worker engaged in performance of the Services is not paid the general prevailing per diem wages by the subconsultant, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The Agreement executed between the Consultant and the subconsultant for the performance of part of the Services shall include a copy of the provisions of Califoria Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subconsultant by periodic review of the subconsultant's certified payroll records. 3. Upon becoming aware 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 California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged in performance of the Services. shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker, or other 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 of pequry, stating both of the following: 1. The information contained in the payroll record is true and correct 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any Services performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives. the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. Prevailing Wage Exhibit for service Agreements Provisions Required Pursuant to California Labor Code § 1720 ern seg. (Manage 49 1037770) (March 2013) 24 D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subconsultants engaged in performance of the Services, shall he responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subconsultant engaged in performance of the Services to employ on the Services any person in a 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 of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. file name: Prevailing Wage Exhibit for Service Aureements Provisions Required Pursuant to California Labor Code § 1720 er seg. (Nanege @1037770) (March 2013) 25 EXI-11BIT D ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALU7MA LIVING WAGE ORDINANCE PETALU MA MUNICIPAL CODE CHAPTER 8.36 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 financialassistance(referred to hereafter as an "Agreement') between the CityofPetaluma ("City') and/or the Petaluma Community Development. Commission ("PCDC'') andcontractors, lessees, franchisees; and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petahima Municipal. Co&Section 8.36.120,, as part of any bid, application or proposal for•any.Agreemenf subject to the Ordinance, the covered entity shall: m 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 blousing, Division of Occupational Safety and Health (OSHA), California Departmont: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 8.36:1.20., before the beginning of the term of any coVered.Agreement, or, priorto the execution of said:Agreement by the City.or the P.CDC, 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 Aelmowledgement and Certification, the covered entity (i) acknowledges that it,is aware.of the Ordinance and intends to comply with'itsprovisions, (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 Aclmowledgernent-arid Certification is:authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Page 1 of a IMING WAGE ACKNOWLEDGEMENT AND CE117-jVI yATlON (iManagc�fl 638697.2 (MuG112013) 226 SO t1CICNOWLEDGED and CERTIFIED: Project or Contract I.D: Engineering Design Services for the Petaluma Complete Streets Project CDate: _ a. (Print: Name of Covered EntigBusiness Capacity) Ey 4U- (Signature) (TitlelCapacity of �t� M 1 Page 2 of'3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (iMmapil]638697.2 (M=h2013) 27 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 BUTNOT 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: ® AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUIviA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PE,r'ALUDLA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE- ORDINANCE), AND m HAS 13EEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PR10R TO THE BID, PROPOSAL, SUBNllSS10N OR REQUEST FOR WHICH THIS ACI:NOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT NLATIER AND THE NIANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": .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 AND CERTIFICATION (i Mtmnge#16386972 (Mwah2013) W:1 Attachment 3 PETALUMA COMPLETE STREETS PROJECT PROJECT NO. C16101416 LOCATION MAP ON �\ N ! \ C� Project s� O r s i r \ - 1 / 29