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HomeMy WebLinkAboutStaff Report 3.H 12/01/2014a0� Z85a DATE: December 1, 2014 145� TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St./JoI I' .ASCE — Director, Public Works and Utilities 14, Larry Ziiinner, P.E. — Capital Improvements Division Manager SUBJECT: Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement for On -Call Geotechnical and Material Testing Services RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement for On -Call Geotechnical and Material Testing Services. BACKGROUND The primary step for the detailed design of most capital improvement projects (CIP) is to obtain geotechnical investigations and site geologic reports for the project. During construction, the geotechnical firm used in design is normally retained to perform materials testing of trench bedding and backfill, and testing and observation of paving installation. The materials testing also includes field sampling, laboratory compression testing of concrete, and other field testing as requested by the City and as required by the State. The CIP Division has typically acquired geotechnical and material testing services separately on each project, which because of the relatively minor scope of work for each project leads to inefficiencies and typically higher costs compared with hiring a single firm for all the City's projects. To reduce the number of contracts and agreements, an on-call geotechnical fret is desired to provide these services. The proposed action meets Council Goal: "Plan for and implement priority capital projects as funding permits." DISCUSSION On June 9, 2014, the Public Works and Utilities Department prepared a Request for Proposal (RFP) for on-call Geotechnical and Material Testing services. The following firms responded to the RFP: Consolidated Engineering Laboratories, HIeinfelder, RGH Consultants, LACO Associates Inc., LAI & Associates, PJC & Associates Inc., and Bruning Associates Inc. Staff contacted a firm in Petaluma to invite a proposal but the firm chose not to submit. After staff consideration, reference checks, review of similar project deliverables, and review of cost proposals, Consolidated Engineering Laboratories appears to be the best firm to perform these services. There were nine criteria identified in the RFP used by the selection committee to determine the most qualified proposal, including: quality of the overall proposal, project team organization, relevant work experience performed by the consultant, qualifications of the consultants project team, project management approach, technical approach to the project, project team organization, schedule of hours, and resumes of team members with relevant work experience. Consolidated Engineering Laboratories was selected because they provided the most comprehensive proposal, which illustrated their extensive experience within the area. The Consolidated Engineering Laboratories proposal was the most detailed in their project management and technical approach, and provided the best examples of on-call services. Consolidated Engineering has extensive experience in geotechnical recommendations and material testing. Their hourly rates are consistent with other firms the City has hired. It is reconnnended that Consolidated Engineering Laboratories provide on-call geotechnical engineering services to support the Capital Improvement Program design efforts. The services may include any of the following: Geotechnical Investigations, Soil Sampling, Materials Testing, Laboratory Analysis, Preparation of Design Criteria and Recommendations, and Preparation of Geotechnical Reports. The proposed scope of work is included in Attachment 2. FINANCIAL IMPACTS The engineering and design services will be performed on a time and materials basis, not to exceed $100,000. The projects proposed for use include: E16102015 Caulfield Land Grade Crossing Improvements 016101303 Various Streets Maintenance & Overlays 016501411 Asphalt Rehabilitation Public Paths, Parking and Courts C16101201 Washington St Bridge Seismic Rehab C66401415 Recycled Water Pipeline Extension C66401301 Brown's Lane Recycled Water Main Replacement C67501303 2" Water Main Replacements C66401417 Sewer Main Replacement C66401314 Petaluma Blvd. South Sewer Trunk Main Due to the nature of On -Call services, the projects listed are the projects currently anticipated to need geotechnical and material testing services, but other capital improvement projects may require similar services and can benefit from the same contract. ATTACHMENTS 1. Resolution 2. PSA Agreement Attactunent 1 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES WHEREAS, the City of Petaluma wishes to design and construct Capital Improvement Projects; and WHEREAS, Capital Improvement Projects require the use of Geotechnical and Material Testing to prepare geotechnical recommendations for design and provide material testing services during construction, and staff requires the services of a qualified professional Geotechnical and Material Testing firm for on-call services; and WHEREAS, the City of Petaluma circulated a Request for Proposals on September 8, 2014 and seven (7) proposals were received; and WHEREAS, the proposals were reviewed and evaluated and Consolidated Engineering Laboratories of Windsor was selected as the consultant for the project; and WHEREAS, Consolidated Engineering Laboratories' ability to produce quality work on Geotechnical and Material Testing projects has been demonstrated in the City of Milpitas, City of Berkeley, and in other Northern California municipalities; and WHEREAS, staff recommends the City execute a professional services agreement with Consolidated Engineering Laboratories for on-call Geotechnical and Material Testing services in order to complete construction plans and provide material testing during construction for various capital improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: Approves and authorizes the City Manager to execute the attached Professional Services Agreement for on-call Geotechnical and Material Testing services with Consolidated Engineering Laboratories in the amount not to exceed $100,000. Attachment 2 PROFESSIONAL SERVICES AGREEMENT On -Call Geotechnical Engineering. Materials Testing. and Insnection Services 2014/201 (Title of Project) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into and effective as of 20_ ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and Consolidated Engineering Laboratories. a Geotechnical Engineering ("Consultant') (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation: Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates snecified 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 $100.000.00 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.Qov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (c,lmia,9103]]30) March 2013 4 FY FundR_ Cost Center_ Object Code _ Project k Amount$_ For mu$i-year contracts or contracts with multiple accounts: FY 14/15 Fund Cost Center_ Object Code _ Project ;#. Various CIPS Amount$60000.00 FY 15/16 Fund k _ Cost Center_ Object Code _ Project k Various CIPS Amount $40.000.00 FY_ Fund k _ Cost Center_ Object Code _ Project k Amount $_ FY_ Fundm Cost Center_ Object Code Project k_ Amount S_ FY_ Fund;-`,-_ Cost Center_ Object Code _ Project k Amount $_ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into and effective as of 20_ ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and Consolidated Engineering Laboratories. a Geotechnical Engineering ("Consultant') (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation: Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates snecified 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 $100.000.00 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.Qov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (c,lmia,9103]]30) 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 terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on December 31. 2015. 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 ager 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 Reoresentation: Indenendent 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 Eouioment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses. Permits. Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (W.m,c 91037730) March 2013 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. Confidentialitv. 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 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. Assia_nment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (M..g. 81037730) March 2013 17. Comoliance 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 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; (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; PROFESSIONAL SERVICES AGREEMENT —PREVAILNG WAGES Qblmmga41037730) March 2013 (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. F. ASCE Denartment of Public Works and Utilities 202 N. McDowell Blvd. Petaluma CA 94954 Phone: (707)778-4546 Fax: (707)778-4508 Email: dstiohn0ci.netaluma.ca.us Consultant: Gary M. Caoua. President CEO Consolidated Engineering Laboratories 7757 Bell Road Windsor. CA 95792 Phone: (707)838-1115 Fax: (707)838-1114 Email: ecanna0ee-labs.com 22. Ownershin of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (N=gc 81037730) March 2013 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 -Z, " "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, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. PROFESSIONAL SERVICES AGREEMENT-PREVAILNG WAGES (W.p 61037730) Nfareh 2013 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. Severabilitv. 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 Partv 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 Fla]] 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. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (iMamge,1037730) 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 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 file name: CONSULTANT �J By Name LYDII hl Lift-p(-7C'� Title cc,l [t fTh rICCl1f jC`I I i�(-� l l�`i Address ��fu-) &I-ocIIA { Ckl City ' State Zip C�L[-2-Cj eS, JL15 Taxpayer I.D. Number Petaluma BusAcss Tax Certificate Number PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES tiNteaayc 01 a37730) March 2013 EXHIBIT A On -Call Geotechnical Engineering, Materials Testing, and Inspection Services Scope of Services Consultant shall provide on-call geotechnical engineering, materials testing and inspection services to the City of Petaluma for various Capital Improvement Projects. The professional geotechnical engineering, materials testing and inspection services provided may include, but is not limited to the following projects: e16102015 Caulfield Lane Grade Crossing Improvements C16101303 Various Streets Maintenance & Overlays C16501411 Asphalt Rehabilitation Public Paths, Parking and Courts C16101201 Washington St Bridge Seismic Rehab C66401301 Brown's Lane Recycled Water Main Replacement 066401415 Recycled Water Pipeline Extension C67501303 2" Water Main Replacements C66401417 Sewer Main Replacement C66401314 Petaluma Blvd South Sewer Trunk Main The following services shall be made available to the City upon request: • Geotechnical Investigations • Soil Sampling • Materials Testing • Laboratory Analysis • Preparation of Design Criteria and Recommendations • Preparation of Geotechnical Reports Scone of Service Geotechnical, materials testing and inspection services will be requested by the City as needed for each specific project. Since the services will be on an "as needed" basis, the specific project's scope of work will be determined when such services are requested. A separate fee proposal will be required for each task requested. 12 In consideration of the services to be performed by the Consultant, the City agrees to pay the Consultant at the hourly rates and materials testing rates as set forth the attached Hourly Billing and Materials Testing rates. The hourly rates and materials testing rates indicated in the fee proposal includes all costs incurred to provide the service and no separate compensation fortravel time, mileage, reimbursable and any other incidental expenses will be made. This entire contract, for all tasks, shall not exceed One Hundred Thousand Dollars ($100,000.00). The Consultant's hourly billing rates and materials testing rates shown in this agreement shall remain unchanged until December 31, 2015. Schedule of Performance At the request of the City, the Consultant shall prepare a scope of work and fee proposal for each specific project or task. Written Task Orders defining scope, cast, and schedule will be prepared and issued to the consultant during the duration of this contract. The Consultant shall commence work specified in the Task Order within five (5) working days after receiving the signed Task Order, or as directed by the City. All work under this contract shall be completed by December 31, 2015. Final Work Product The final work products produced by the Consultant in the form of computer files shall be delivered on a CD, in ESRI GIS shape file version 8.3 (or later), or an AutoDesk AutoCAD 2010 (or later) file, Microsoft Word, Access, or Excel format. All hard copy (paper) reports shall be signed and sealed and accompanied by associated digital files used to create them. All of Consultant's work produced under the agreement shall be property of the City. 13 CONSOLIDATED ENGINEERING L A 8 O A A T O F 1 E 9 SCOPE OF SERVICES SOILS - GEOTECHNICAL ENGINEER OF RECORD AND SOIL OBSERVATION AND TESTING The geotechnical portions of this project will be performed under the direction of CEL's Geotechnical Engineer, which will he the Geotechnical Engineer of Record for the project. A technician with a nuclear gauge will perform density and moisture testing in the field during grading, utility trench backfilling, and pavement operations utilizing the American Society for Testing and Materials (ASTM) D6938, and ASTM D1556 methods. Laboratory maximum density and optimum moisture determination will he performed In accordance with ASTM D1557 or D698. Asphalt pavement placement and testing will be performed in accordance with Caltrans methods. CEL will provide: • Perform a site reconnaissance, review the geotechnical engineer report prepared for this project, review the drawings, and prepare a transfer of geotechnical engineer of record responsibility letter; • Project management, consultation during construction, preparation of daily field, foundation excavation observation, and final grading reports; • Observation and testing during site clearing and mass grading; • Observing the foundations excavations for structures; • Observation and testing during backfilling of utility trenches; • Observation and testing during backfilling around retaining walls; • Observation and testing during subgrade preparation and baserock placement in asphalt paved areas; • Observation and testing during asphalt concrete placement. Observation and testing will consist of visual observation of earthwork activities and taking field density and moisture tests for the purpose of ascertaining that the work Is in substantial conformance with the contract documents. Such observation and testing shall not be relied upon by others as acceptance of the work nor shall it be construed to relieve the contractor In any way from his obligation and responsibilities under the construction contract. Specifically, but without limitations, observation and testing shall not require the technician and engineer to assume responsibilities for the means and methods of construction norfor safety on the job site. SOILS COMPACTION Testing will be performed during site grading, parking area baserock placement and utility trench backfill. Field testing will be performed using a nuclear gauge to determine the relative compaction of the soil in conformance with American Society for Testing and Materials (ASTM) D6938. ASPHALTIC CONCRETE PAVING Field Quality Control • Inspection and testing will he performed under provisions of Section 01400; • We will inspect and test base and paving, including but not limited to: • Compaction and thickness of base according Caltrans Specification Section 26; • Compaction of asphalt concrete tested with nuclear gauge in accordance with American Society for Testing and Materials (ASTM) D2950. Nuclear densitygauge determination will be correlated with density of compacted specimens determined according to ASTM D1188; • Temperature of asphalt concrete just prior to paving; 14 co CONSOLIDATED ENGINEERING L A @ 0 n A T 0 R i E is • Check thickness of surfacing by coring when directed by Owner's Representative. REINFORCED CONCRETE Mix Design Review We will review the proposed concrete mixes in our laboratory for conformance with the specifications. Reinforcing Steel Placement Prior to the pours, our inspector will inspect the reinforcing steel placement to determine that it is according to plans and specifications. Our inspector will check: • Size and spacing of bars; • Location and length of splices; • Clearances; • Cleanliness of bars; • Spacing tolerances; • Proper support of steel with ties. Concrete Placement and Sampling During the pours, our inspector will be on-site continuously, as required by Code, to monitor the placement. Our inspector will: • Determine that no bars are displaced during pouring, • Observe cleanliness of steel; • Determine adequacy of placement and vibratory equipment; • Determine proper delivery rate of concrete and monitor batch times; • Determine the correct mix is being utilized; • Monitor slump of each truck; • Record temperature of air and concrete; • Cast five (4x8) cylinders for compression tests per 150 cubic yards; • Perform air checks, if required by specifications, during concrete placement; • Observe anchor bolt/dowel installation operations to determine hole depth, embedment and cleanliness, as well as materials and workmanship. We will Inspect to determine all dowels are installed in accordance with contract documents and/or manufacturer's requirements. Concrete Compression Testing We will transport all samples to our laboratory for compression testing in strict accordance with the American Society for Testing and Materials (ASTM) requirements. Compression test reports will be distributed to the appropriate parties. POST -TENSIONED CONCRETE Mix Design Review We will review the proposed concrete mixes in our laboratory for conformance with the specifications. Tendon Test Tendons shall be shipped directly to our Oakland facility for testing. Tendons should Include identification of samples with the following information: • Job name; 15 N CONSOLIDATED ENGINEERING A a 6 R A 7 O 9 1 E 9 • Heat number; • Reel number; • Floor or level. An affidavit certifying that these tendons were sampled from the heat and reel number identified should be supplied with the tendons. Tendon tests will be performed in accordance with American Society for Testing and Materials (ASTM) A416 for ultimate strength determination only. Tendon and Reinforcing Placement The day before a scheduled pour, we will dispatch a qualified inspector to check the tendon and reinforcing placement for conformance to the drawings and good construction practices. Our inspector will determine that the path of strands Is the same as on the approved plans, and that tendons are securely tied and placed. Concrete Placement and Sampling During the pours, our inspector will be on-site continuously, as required by Code, to monitor the placement. Our inspector will: • Determine that no bars are displaced during pouring; • Observe cleanliness of steel, • Determine adequacy of placement and vibratory equipment; • Determine proper delivery rate of concrete and monitor batch times; • Determine the correct mix is being utilized; • Monitor slump of each truck; • Record temperature of air and concrete; • Cast six cylinders for compression tests per 150 cubic yards; • Perform air checks, if required by specifications, during concrete placement; • Observe anchor bolt/dowel installation operations to determine hole depth, embedment and cleanliness, as well as materials and workmanship. We will inspect to determine all dowels are installed in accordance with contract documents and/or manufacturer's requirements. Stressing Continuous inspection will be required during the stressing operations. All elongations and jacking forces will be recorded as the work proceeds. Elongation measurements not within the five percent (5%) tolerance will be noted and immediately brought to the attention of the contractor, engineer and owner. Compression Testing We will transport all samples to our laboratory for compression testing in strict accordance with ASTM requirements. Reports of compression tests will be distributed to the appropriate parties. SHOTCRETE AND PRE -PRODUCTION TEST PANEL Inspection We will provide continuous inspection of shotcrete, as required by Code. We will be performing the following: • Determine that the reinforcing steel is placed properly prior to the arrival of concrete on-site. • Monitor the temperature of the concrete as it is being placed; • Check batch tickets as they arrive on-site to determine that the proper mix is being delivered; • Monitor and control slump and water cement ratios; 16 co CONSOLIDATED ENGINEERING L A 8 O 9 A T 0 R 1 E °3 • Check for rebound effects and determine that the nozzleman on-site is qualified to perform the work he is performing that day; • Control and monitor rebound effects, nozzle distance, and velocity; • Witness the fabrication of test panels for conformance with American Concrete Institute (ACI) standards, and observe that the test panel is shot in a manner similar to placement of shotcrete for the structure; • The test panel(s) will be cored at our laboratory, and three samples will be tested at 28 days for compression testing. Pre -production test panels are required to certify shotcrete nozzleman. The pricing is based on qualifying one nozzlemen and includes: • Inspection of pre -production panel placement; • Coring of test panel for nozzleman grading; Compression testing; A staff engineer, in accordance with ACI procedure, will perform grading. Additional certification of prospective nozzlemen shall be billed at rates noted herein. STRUCTURAL MASONRY Mix Design Review We will review the proposed grout and mortar mixes in our laboratory for conformance with the specifications. Our inspector's duties will include the following: • Review mill test certifications of block and reinforcing steel; • Inspect to determine size and spacing of dowels; • Inspect to determine that cleanouts are provided for high -lift grouting methods; • Inspect proper lay-up of block units; • Inspect reinforcing steel prior to grouting; • Inspect dowels, anchor bolts and inserts, to make sure they are in place and properly secured priorto grouting; ° Inspect to determine proper consolidation of grout; • Check that curing requirements are being followed. Materials Testing: • Sample masonry block for compression tests, linear shrinkage, moisture and absorption per ASTM 0140; • Cast samples of mortar and grout for compression tests. Per California Building Code (CBC) grout prisms shall be tested at 28 -days; • Witness preparation of composite prisms and test for compressive strength in our lab. CBC requires five tests 28 days prior to production, and three for every 5,000 square feet of wall for each block size. STRUCTURAL STEEL Shop Inspection • Review of welding procedure specifications; • Material identification and mill certificate review; • Observe the utilization of certified welders and approved welding procedures; 17 CONSOLIDATED ENGINEERING L A @ O R A T O R 1 r 9 • Visual inspection of welding to determine compliance with contract documents; • Nondestructive testing of moment welds and column splices; • Confirm approximate preheat temperature; • Continuous inspection of multi -pass fillet welds, groove welds and reinforcing steel welding. Field Inspection • Observe the utilization of certified welders and approved procedures; • Confirm approximate preheat temperature; • Nondestructive testing of moment welds and column splices; • Inspect to determine and observe proper installation and tightening of high strength bolts; • Visual inspection of welding to determine compliance with contract documents; • Continuous inspection of multi -pass fillet welds, groove welds and reinforcing steel welding. Metal Deck[Shear Studs Intermittent visual inspection will be conducted for metal deck and shear stud welding. High Strength Bolting As required by the California Building Code (CBC), at least two bolts per connection, or a minimum of ten percent (10%) of all high-strength bolts in slip critical connections, will be tested to the required torque per American Society for Testing and Materials (ASTM) guidelines. Laboratory Testing of High Strength Bolt Assemblies (ASTM A325 A490) We will sample a set of three (3) high strength bolt assemblies per size, lot and heat number from sealed kegs at the supplier or steel fabrication plant. We will perform proofload, ultimate and hardness tests on the assemblies in our laboratory. MISCELLANEOUS STEEL WELDING Shop Inspection • Material identification and mill certificate review; • Pre -qualification of welders and procedures; • Visual inspection of welding to determine compliance with contract documents; • Continuous inspection of multi -pass fillet welds, full penetration welds, and reinforcing steel welding. Field Inspection • Pre -qualification of welders and procedures; • Visual inspection of all welds; • Torque testing of high-strength bolts using a calibrated torque wrench; • Visual inspection of welding to determine compliance with contract documents; • Continuous inspection of reinforcing steel welds, multi -pass fillet welds, and full penetration welds. POST -INSTALLED ANCHORS As required, we will perform visual examination of anchor placement to determine if post -installed anchor holes are clean, of the proper depth and diameter, and installed as specified by the manufacturer. In addition, we will perform proofload/torque testing of the anchors at the percentage defined by the plans and specifications. I1H. CONSOLIDATED ENGINEERING L A 8 O R A T O R 1 E S NOTE: These estimates assume that adequate access will be provided for performing the work at maximum production, i.e., scaffolding. Should any anchor fail, additional tests will be required per plans. EPDXY DOWELS AND ANCHORS As required, we will perform visual examination of dowel/anchor placement to determine dowel/anchor holes are clean, of the proper depth and diameter, and installed as specified by the manufacturer. In addition, we will perform proofload testing of the epoxy dowels/anchors at the percentage defined bythe plans and specifications. NOTE: These estimates assume that adequate access will be provided for performing the work at maximum production, i.e., scaffolding. Should any dowel/anchor fail, additional tests will be required per plans. NON -SHRINK GROUT Non -Shrink Grout Placement During the pours, our inspector will periodically monitor the placement. Our inspector will be performing the following duties: • Determine the adequacy of placement and vibratory equipment; • Observe proper delivery rate of non -shrink grout and monitor batch times; • Observe that the correct mix is being utilized; • Record temperature of air and concrete; • Cast cubes for compression tests at the specified frequency. Compression Testing We will transport all samples to our laboratory for testing in strict accordance with the American Society for Testing and Materials (ASTM) requirements. Reports of compression tests will be distributed to the appropriate parties. FIREPROOFING California Building Code (CBC) Standard 43-8 requires thickness verification of twenty five percent (25%) of structural steel columns and primary beams on each story, and on 10 percent (10%) of secondary beams. Floor decking requires four readings per 1,000 square feet. In addition, the substrate will be verified prior to the application of all fireproofing material. Density will be checked on one beam, column and floor per 2,500 square feet of floor area in accordance with American Society for Testing and Materials (ASTM) E-605. If specified, Adhesion/Cohesion testing will be performed. FI RE/l SAFETY SYSTEMS Smoke Control Test Procedure 1) Smoke all smoke detectors 4) Flow test all sprinkler flow switches and 2) Smoke all duct detectors time of alarm 3) Pull all pull stations 5) Test all tamper switches 19 CONSOLIDATED ENGINEERING L A 3 O R A T O R I E 9 6) Verify stair pressurization points 19) Verify door pulls at 15lbs. 7) Verify all fire/smoke damper operations 20) Verify all air balance reports provided by air and time balancers 8) Verify air handling functions 21) Verify duct pressurization test including 9) Verify control panel operation and gypboard shafts notification of lights 22) Verify angles around fire/smoke dampers 10) Witness elevator recall 23) Verify access doors to damper and motors 11) Verify pressurization between floors 24) Verifying access to electrical panels 12) Verify all addressable devises address to 25) Verify all strobes and speaker operate panel properly 13) Verify labeling of all devices 26) Verify all doors operate properly, i.e. mags 14) Verify time of emergency generator cut -in and locks 15) Check all fireman's phone jacks 27) Test all control tubing related to smoke 16) Check battery backup time control 17) Verify all items on matrix work properly 28) Verify signal circuit voltage drop 18) All contractors to have one (1) person on 29) Submit report to engineer hand to resolve any problems DOCUMENTATION Documentation shall consist of weekly activity reports and particular inspection reports filed with the distributed to the owner, the architect of record and the Contractor which detail the work inspected or observed by the Special Inspector, the date of such inspections, and the condition of the work inspected or observed, including notice of deficiencies and correction of same. Documentation shall also include location, make and manufacturer of the component or assembly. Upon successful completion of building construction and testing, a final report shall be issued by the Special Inspector for review and acceptance by the architect and engineer(s) of record. The report shall include identification of all devices by manufacturer, nameplate data, design values, measured values and identification tag or mark. The report shall document the location of all devices and contain the results of all testing. When found to be acceptable by the reviewing parties, the responsible designers for each portion shall affix their respective dated seals and signatures to the report and to a statement of certification, as required by the Code. FLOOR FLATNESS AND FLOOR LEVELNESS TESTING (FF/FL) Dipstick Surveying We will provide a specially trained technician with a Dipstick Floor Profiler to evaluate floor flatness and levelness by determining the F -Numbers (Fr and FJ of random traffic floors. F -Number determinations will be performed according to American Society for Testing and Materials (ASTM) E1155. ROOFING Submittal Review(Pre-job Meeting Review the roofing contractor's roofing system submittal for: • General conformance to the project specifications for roofing type; • System equivalency to that specified; • Ply/membrane type; • Type bitumen/adhesives; 20 co CONSOLIDATED ENGINEERING L A 8 0 R A T O R I 8 9 • Pre -job roofing conference attendance (4 hours), including pre -roofing deck walk. Field Inspection for Built-up Roofing • General conformance to the specifications; • Monitor material storage; • Monitor installation per manufacturers recommendations; • Determine material type; • Base nailing/fastener schedule; • Observe installation temperatures of system components; • Monitor application rates of bitumens/adhesives; • Ply application; • Flashing application; • Cutouts of built-up roof for unit weight analysis. PLYWOOD NAILING We will perform a final Inspection of the installation of plywood roof diaphragms and shear walls. Our inspection activities will include the following: • Observe nail type and size; • Observe nailing patterns including edge nailing, • Observe plywood, type, thickness, and grade; • Note location of (nail) shiners; • Note location of stud/plywood edge splitting; • Inspect to determine replacement/repair of shiners/edge splits; • Observe plywood edge spacing; • Check for plywood delamination. Once nails are installed, type and size cannot be conclusively determined. Disclaimer Please note that inspection of tie -downs, hardware straps, blocking and general framing inspection is not included in this scope of service. Any request for these services must be mutually agreed by both parties in writing as an amendment of our contract. 21 CONSOLIDATED ENGINEERING L A& 0 H A T 0 n 1 e 5 CITY OF PETALUMA FEE SCHEDULE CONSTRUCTION INSPECTION AND MATERIALS TESTING Effective January 1, 2014 through December 31, 2015 arrwCfRinG3MlwGES _ ' — ., -. -.o •- ' ' ..:=,-1WE, IAKr_ prindwl(Pnm]wi Enelnver $ 2mm Mur Geo4-Apiel Engineer 5 now M1vw Saniv Cnoine4r $ now haur pmlMEnglneer/GMialla $ now haat 5WfEagoaee, $ Siam h. 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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 I (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 I oft INSURANCE REQUIREMEVrS (City) (609325) Ape12010 24 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. G. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Exhibit B2 Page 2 oft INSUR4NCE REQUIREbIENTS (City) (609325) April 2010 25 PREVAILING WAGE EXHMIT 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 1 Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (1037770)(Sept 2007) 26 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. Prevailing Wage Exhibit for service Agreeracnts Provisions Required Pursuant ra California Labor Code § 1720 at seg. (1037770)(sept 2007) 27 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 famished 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. Lle nam.: Prevailing wage Exhibit for Service Agr.cmcats Provisions Required Pursuant m California Labor Code $ 1730 et seq. (1037770)(SepL 3007) 28 ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA 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: a 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. Pagel of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1633697.2) Nov 2012 29 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: (I tu'YY lLl1 --Vcl c nok'o IL L' 6 M -C., (Print Name of Covered EntiayBusiness Opacity) By (Printgame) 7 (% (Signature) Its (Title /Capacity of Authorized Signer) Page 2 of 3 LARNG WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1635697.2)Nov 2012 30 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORL'PLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER, ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD, WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR 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": r6C h1%• 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 (1633697.2) Nov 2013 31