Loading...
HomeMy WebLinkAboutStaff Report 3.C 6/16/2014(i) DATE: June 16, 2014 TO: Honorable Mayor and Members of the City Council through City Manager — Director, Public Works and Utilities FROM: Dan St(lo Larry Zi r, P.E. — Capital Improvements Division Manager SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement for Engineering Design Services for the Lakeville Highway at Pine View Way Channelization Project RECOMMENDATION It is recommended that the City Council adopt the attached Resolution authorizing the City Manager to execute a Professional Services Agreement for Engineering Design Services for the Lakeville Highway at Pine View Way Channelization project. BACKGROUND On December 3, 2012, the City Council accepted the Cycle 5 Highway Safety Improvement Program (HSIP) Grant for the Lakeville Highway at Pine View Way Channelization Project. Staff identified the project based on the number of accidents at the location. From February 1, 2002 through January 31, 2012, there were 23 accidents within the intersection. The project will upgrade the intersection of Lakeville Highway at Pine View Way with raised concrete medians, signage and pavement markings and striping to delineate the turning movements. The through travel lanes will be delineated by use of raised medians at the right turn onto Pine View and the southbound merge from Pine View onto Lakeville Highway. Since the proposed project is within Caltrans jurisdiction, the City met with Caltrans personnel to develop alternatives and a final scope for the proposed safety improvements. The project was added to Caltrans project list, however, Caltrans estimated that it would take many years to complete this important project because of their project load and the lack of adequate funding. Therefore, City staff volunteered to take the lead and applied for funding to complete the safety improvements sooner, rather than later. The City had to wait until November 2013 for Caltrans to authorize the project funding to begin design. Prior to requesting design proposals from Consultants, staff worked with Caltrans to determine what requirements would be needed for environmental clearance and work within the Agenda Review: City Attorney Finance Director City Manager state right of way. The Caltrans requirements were included in the Request for Proposal circulated to consultants. The proposed actions meets Council goal: "Plan for and implement priority capital projects as funding permits." Staff circulated a Request for Proposal to six design consultants on March 28, 2014. Two proposals and one decline letter were received in April. Staff reviewed and ranked the two proposals based on qualifications, experience, and strength of proposed project team. Staff recommends Green Valley Consulting Engineers of Santa Rosa for the subject work Green Valley 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 and their fee proposal is reasonable for the scope of work. Green Valley will be tasked with completing a storm water data report, a biologist memo, and 100% construction plans and specifications for the project by spring 2015. As well, the scope requires that Green Valley will provide construction support services that will generally include responding to bid questions, requests for project clarifications and changes, review of change orders, and preparation of record drawings. Design is scheduled to begin soon after Council approval of the subject agreement, and construction is expected summer of 2015. Staff will return to the City Council with an award of construction contract resolution after bids are received and reviewed. FINANCIAL IMPACTS The services proposed under this Professional Services Agreement include design and construction support services for $47,160. The total budget for this project is $216,064 including City personnel and CIP charges. Funding for this project includes $185,400 from the HSIP Grant and $30,664 for local match from the Street Maintenance Fund. No general fund dollars 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 DESIGN SERVICES FOR THE LAKEVILLE HIGHWAY AT PINE VIEW WAY CHANNELIZATION PROJECT WHEREAS, the City of Petaluma wishes to design and construct the Lakeville Highway at Pine View Way Channelization 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 circulated a Request for Proposals on March 28, 2014 and two (2) proposals and one decline letter were received; and WHEREAS, the proposals were reviewed and evaluated and Green Valley Consultant Engineers ("Green Valley") of Santa Rosa was selected as the consultant for the project; and WHEREAS, Green Valley's ability to produce quality work on civil engineering projects has been demonstrated in the City of Petaluma for many years as well as in other Northern California municipalities; and WHEREAS, staff recommends the City execute aprofessional services agreement with Green Valley for civil engineering design services in order to complete construction plans, specifications and provide construction support for the Lakeville Highway at Pine View Way Channelization Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: Authorizes the City Manager to sign the attached Professional Services Agreement for civil engineering design services and construction support with Green Valley Consultant Engineers for the Lakeville Highway at Pine View Way Channelization Project in the amount not to exceed $47,160. Attachment 2 PROFESSIONAL SERVICES AGREEMENT City Project C16101309/Federal Proiect HSIPL-5022(054) (Title of Project) FY 1414=I5 Fund # _ Cost Center 30300 Object Code 54110 Project # C16101309 Amount 547.160.00 For multi-year contracts or contracts with multiple accounts: FY_ Fund # _ Cost Center _ Object Code _ Project if Amount S_ FY Fund # —Cost Center _ Object Code _ Project # Amount S_ FY _ Fund # Cost Center _ Object Code _ Project # _ Amount 5 FY _ Fund # Cost Center_ Object Code _ Project # _ Amount $ FY Fund # _ Cost Center_ Object Code _ Project # Amount S_ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of 120 ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and Green Valley Consulting Engineers, a design ("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"). Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $47.160 (Forty-seven Thousand Dollars One Hundred Sixty 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 (103773a) April 2009 4 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Service's pursuant to the terms and conditions of this Agreement and any amendments thereto. 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 bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation, Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall famish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 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 (I03773o) April 2009 5 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 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: malting government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and 3 PROFESSIONAL SERVICES AGREEMENT - PREVA [LING WAGES (1037730) April 2009 6 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 right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit C, which is attached to and made a part of this Agreement. 19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of tile 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; 4 PROFESSIONAL SERVICES AGREEMENT - PREVA [LING WAGES (I 03773o) April 2009 7 (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, RASCE City of Petaluma 202 North McDowell Blvd. Petaluma. CA 94954 Phone: 707-778-4546 Fax: 707-778-4508 Email: publicworks(ir ei.petaluma.ca.us Consultant: Liz Ellis Green Valley Consultine Engineers 335 Tesconi Circle Santa Rosa. CA. 95401 Phone: 707-579-0388 Fax: 707-579-3877 Email: LizEllisAwalleV.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 PROFESSIONAL. SERVICES AGREEMENT—PREVAILING WAGES (I 03773o) April 2009 8 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 determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2 attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-1 " `B-2 " `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, 6 PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (1037730) April 2009 9 any uncertainty in the Agreement shall 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 party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 7 PROFESSIONAL SERVICES AGREEMEN'r—PREVAILING WAGES (I 03773o) April 2009 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 termination 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 WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director CONSULTANT By Name p 1 1�1 YlG t O G.� Title 335 7e 5 coni l C.t rL1 e Address saur6- ROS(. GA %S'i0 City State Zip 31-I&* Taxpayer I.D. Number t-- aSOZ&gS Petaluma Business Tax Certificate Number file name: SSCIPtPmjecBUak cviIle © Pine View C161013090esigrH40 Consult, Utility & Other AgrmnmGreen Valley\PSA PWL.doc PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES (1037730) April 2009 EXHIBIT A ENGINEERING DESIGN SERVICES FOR THE LAKEVILLE HIGHWAY AT PINE VIEW WAY CHANNELIZATION PROJECT CITY PROJECT C16101309/FEDERAL PROJECT HSIPL-5022(054) Task 1 - Project Analysis & Review Upon authorization to proceed with the contract, the Consultant will update the project schedule to reflect any changes in the starting date and subsequent milestones for the project. The Consultant will coordinate and attend the kick-off meeting with the City of Petaluma to define the final, detailed project scope of services and objectives. To expedite the project prior to the kick-off meeting, the Consultant will obtain from the City all available mapping and as -built information, as well as aerial photos that are available. The Consultant will conduct additional research as required to construct the proposed project including, but not limited to: preliminary right of way research including available records of survey, deeds, and final maps. Any findings and recommendations will be included on the topographic mapping and in the pre -design report. Task 1.1: Pre -design Memorandum The Consultant will prepare a brief pre -design memorandum which will include a summary of the project scope and limits as well as to obtain consensus on the project design elements, including but not limited to striping limits, pavement resurfacing method (i.e. slurry seal, black paint or other), pedestrian crossing enhancements, lane geometry and striping layout, and conform transitions. The layout will be done once topographic mapping is obtained. It is within this task that the Consultant will obtain consensus for the overall scope of work prior to preparing improvement plans so that the project can proceed quickly to advertising within the year. The schematic layout will be used as the basis for the "No Effect" memorandum to be prepared by the Consultant's team Biologist. Deliverables: Meeting minute notes, pre -design memorandum, photos Task 2 - Plans, Specifications and Estimates Topographic mapping suitable for the construction documents will be prepared by the Consultant as the first order of work after receiving a notice to proceed. The mapping will provide the basis for a pre -design memorandum, design documents and subsequent construction. The Consultant will obtain existing aerial mapping of the project limits and enhance the mapping with property lines as available from record data and will send a survey crew out to pick up detailed topo where detailed grading and median island Page t of Exhibit A 12 conforms are needed as well as strategic shots of the overall street section to aid in the striping of the improvements. The Consultant will provide plans, specifications and cost estimates for bidding and construction of the Project be submitted at 75%, 95% and 100% stages of completion. Task 2.1: Topographic Mapping Background mapping will be prepared with sufficient detail to allow for the necessary design. The Consultant will utilize any available aerial mapping and enhance with right of way limits as necessary for the improvements and Caltrans permitting. The Consultant will have their in-house survey crew pick up detailed shots as necessary to allow for detailed grading conforms and to verify street width for the striping plan. The control data will be based on available Caltrans and/or City of Petaluma benchmark datum as required. The topographic mapping will indicate approximate right-of-way lines and intersecting property lines based on public records only in the vicinity of curb returns. Right of way research will start with the Sonoma County Recorder's office. If it is determined that additional research is required to determine the existing right of way, the Consultant will submit a separate proposal for the expanded scope of work. The Consultant will not include detailed mapping of existing underground utilities except in those areas where there may be a potential conflict with improvements. Task 2.2: 75'%) Improvement plans Design will include plan sheets, layouts, typical sections, and construction details necessary to construct the required work. The proposed plan sheet index for the 75% submittal is expected to include: • Cover Sheet (1) • Legend, Notes, and Abbreviations (1) • Detail Sheets - (2) • Electrical Plan and Details (1-2) • Striping and Signing Plan (1-2) • Grading Plan and Improvements (2) The Consultant's scope of work will be based on the project description and preliminary plans provided by the City. The Consultant will lay out the proposed striping and striping modifications, including the limits of the raised median island curbs per the preliminary plans. Once the Consultant has approval on the striping layout, (via the pre -design memo), they will set up the plan sheets, detail the solar signs and median islands, and determine the dimensions of pavement that will need to be resurfaced (i.e. slurry seal, black paint or other) for the new striping layout. This preliminary design will be given to the Consultant's Biologist to prepare the No Effects memo and the Consultant will also have the Water Pollution Control Plan prepared at this time along with the Storm Water Data Report. Page 2 of 5 Exhibit A 13 The pedestrian passage to be allowed thru the concrete island will be designed to meet ADA standards. Any existing striping that is in conflict with the proposed improvements will be removed and modified as necessary. It is not anticipated that there will be any facilities that are required to be raised to grade, but if any are encountered they will be shown on the striping and signing layout, as well as the limits of pavement improvements. The Consultant will circulate the plans to the various utility companies for review and comment at this stage of design. An updated cost estimate will also be prepared by the Consultant for review. Construction documents and specifications will be prepared in accordance with the CalTrans Standard Specifications and the City of Petaluma standard specifications. The Consultant will use the City's boilerplate provisions for incorporating into the bid documents package. A preliminary estimate of probable construction costs will also be submitted at this stage of the project. Deliverables: Five (5) sets of 75% plans and cost estimate, "No Effect" memorandum, Water Pollution Control Plan and Storm Water Data Report Task 2.3: 95'Vo Improvement Plans A 95% submittal of the plans and specifications will include addressed comments from the 75% review as well as any received from other stakeholders and utility companies. A review of the front-end specifications will be made and the final engineer's estimate, based on recent bid results, will be prepared. The submitted plans and specifications will be suitable for advertising. Deliverables: Five (5) sets of 95% plans, specifications, and cost estimate, Water Pollution Control Plan and Storm Water Data Report Task 2.4: 100'%O Improvement Plans Within this task, the Consultant will submit final stamped and signed plans on vellum or equivalent, and electronic specifications. Any comments from the 95% review will be addressed. A final review of the City's boilerplate specifications will be made against the final contract documents to ensure any critical dates/items have been coordinated. The Consultant will circulate a final bid package to all affected utility companies alerting them to the completion of design for the project, as well as updating them with the upcoming construction schedule. Deliverables: One (1) velhun or equivalent set of 100%plans, bid documents, and cost estimate ready for reproduction/printing; and one electronic cope of each document. Page 3 of 5 Exhibit A 14 Task 3 - Bidding Support Services The Consultant will assist during the bidding process by attendance at the pre-bid conference, responding to any questions that arise during bidding and the preparation of any required bid addenda. The City will be responsible for the bid advertisement and bid opening. Deliverables: Addenda, prebid meeting minutes, phone conversation records, bid tabulation sheet. Task 4 - Construction Support Services Under this take the Consultant will be responsible for: • Pre -construction attendance • Review and processing of submittals • Response and preparation of associated exhibits for Request for Information (RFI's) and any Contract Change Orders (CCO) • Periodic site visits • Preparation of final Record Drawings based upon corrections provided by the Contractor and inspector Task 5 - 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 Items Not Included Within Scope of Services The Consultant has not included time for any subsurface investigation, disposal facility negotiation, and pre -approvals for disposal of hazardous materials. Page 4 of 5 Exhibit A 15 S:\CIP\Projects\Lakeville @ Pine View C16101309\Design\140 Consult, Utility S Other Agrmnts\Green Valley\Exhibit A_SoW_GV.doc Page 5 of 5 Exhibit A 16 S �m o V H tl! tl! fA S S ":. 1. p S pp O S p pw S 1 p 0 0 0 0 0 6 0 c co H 0 0 N r m u 0 1 0 U N w w w w (R w H N w N fA (A C CCW C G O Ci O G Q w w w w i9 Cp O m m N N AU » N w w w w w N d! DO o c Ldp pcW p U F w M w w w f» !A C ¢] � Q V< N N m �p �[l S m fD N N G w w w w w V' N fp O N 0 N 0 p m to o M p p o � o S S o 6 a w f E w 0 T; =U m C p N m N a a N F F � aS m�ev O o. E E c a� m rn 0 0� N O a 5 S' 5 iu j N .,'. UJ is N N O G Lm �' N N N N ro m o ro N @@ V U uA Y � "OS T1 L G Tl d S:\CIP\Projects\Lakeville @ Pine View C16101309\Design\140 Consult, Utility S Other Agrmnts\Green Valley\Exhibit A_SoW_GV.doc Page 5 of 5 Exhibit A 16 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 requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve 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) (Manage,0609325) March 2013 17 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 B2 Page 2 of 2 INSURANCE REQUIREMENTS (City) (iM. u.p 4609325) Much 2013 18 PREVAILING WAGE EXHIBIT C HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day's work under this Agreement. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is 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 permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. 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 Agmements Provisions Required Pursuunt to Culilbmia Lnbur Code § 1720 etseq. (iManage #1037770) (March 2013) 19 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 California 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 perjury, stating both of the following: 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. 2 Prevailing Wage Exhibit for service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (iManage # 1037770) (March 2013) 20 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 be 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: Prevailine wage Exhibit for Service Agreernents Provisions Required Pursuant la California Labor Code § 1720 el seq. (Manage „1037770) (March 2013) 21 � ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALU_MA LIVING WAGE ORDINANCE PETALUMA 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 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 subject to the Ordinance, the covered entity shall: • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Board, which have been filed or 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) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and/or Findings contained herein, (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. Page 1 of 3 UVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (iM."age#1638697.2 (Mamh2013) SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: Engineering Design Services for the Petaluma Complete Streets Project 6r`ec�✓1 Vci11ey Cdr,,A 4'lq I I Li Date: S—AIIILI (Print Name of C cred Entity/Busine s Capa ty) By (Print Name) (Signature Its {','w cJ,ecIz (Title /Capacity cif Authorized Signer) Page 2 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (iMunve'1638697.2 (Mmoh2013) 23 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 ANO/OR NATIONAL LABOR RELATIONS BOARD, WHICH: e AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND ® HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR. REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, 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": / V z) rC, 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 (iMmage�1638697.2 (Mamh2013) 24 Attachment 3 LAKEVILLE HIGHWAY AT PINE VIEW WAY CHANNELIZATION PROJECT PROJECT NO. C16101309 LOCATION MAP P J�� e Project fG� 25 l .1 i i / o� ti 1, r r r A N PROJECT NO. C16101309 LOCATION MAP P J�� e Project fG� 25