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HomeMy WebLinkAboutStaff Report 3.I 12/01/2014DATE: December 1, 2014 Agenda Item #3.1 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dant� ASCE — Director, Public Works and Utilities Larry Zimmer, P.E. — Capital Improvements Division Manager SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement for On -Call Land Surveying Services RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute a Professional Services Agreement for On -Call Land Surveying Services. BACKGROUND The first step for the design of most capital improvement projects (CIP) is to conduct a design survey for the project to locate right-of-way, easements, contour slopes, existing utilities, and significant site features. The CIP Division has typically acquired surveying services separately on each project. An on-call surveying firm will increase efficiencies and reduce costs through economies of scale and by reducing the number of professional service agreements for survey services. The proposed action meets Council Goal: "Plan for and implement priority capital projects as funding permits." DISCUSSION On September 8, 2014, the Public Works and Utilities Department prepared a Request for Proposal (RFP) for on-call land surveying services. The following firms responded to the RFP: Cinquini & Passarino Inc., BKF Engineers, Green Valley Consulting Engineers, Adobe Associates Inc., and Willis Land Surveying. Staff contacted another firm in Petaluma to invite a proposal but the firm chose not to submit. After evaluating experience qualifications, reference checks, review of similar project deliverables, and review of cost proposals, Cinquini & Passarino, Inc. was determined to be the best firm to perform these services. There were nine criteria identified in the RFP used by the selection colu nittee 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. Cinquini & Passarino, Inc. was selected because they provided the most comprehensive proposal, which illustrated their extensive experience with land surveying. The Cinquini & Passarino, Inc. proposal was also the most detailed in project management approach and the technical approach, and provided the best examples of on-call services. It is recommended that Cinquini & Passarino, Inc. provide on-call lands surveying to support the Capital Improvement Programs design efforts. The services may include any of the following: Topographic Surveys, Boundary Retracement Surveys, Records of Survey, Construction Surveys and Staking, Aerial Mapping Photogrammetry and Route Surveys, Control Surveys, Legal Description and Plats, Preparation of Maps and Exhibits, Hydrographic Surveys, Corner Records for Monument preservation, Hydrology & Hydraulic Cross Sections, Laser Scanning and LiDAR, Title Research, Easement and Right -of Way Documents. They were the City's surveyor for the downtown trestle project and performed well. Their hourly rates are consistent with other firms the City has hired. 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: 001400104 E. Washington Park Phase 1 066401301 Brown's Lane Recycled Water Main Replacement C66401415 Recycled Water Pipeline Extension C16301413 Capri Creek 067501303 2" Water Main Replacements 066401417 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 surveying services, but other projects that require surveying services will also benefit from the proposed contract. ATTACHMENTS 1. Resolution 2. PSA Agreement Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SURVEYING SERVICES WHEREAS, the City of Petaluma wishes to design and construct Capital Improvement Projects; and WHEREAS, Capital Improvement Projects require the use of land surveying to create basemaps and determine constraints, and staff requires the services of a qualified professional land surveying firm for on-call services; and WHEREAS, the City of Petaluma circulated a Request for Proposals on September 8, 2014 and five (5) proposals were received; and WHEREAS, the proposals were reviewed and evaluated and Cinquini & Passarino, Inc. of Santa Rosa was selected as the consultant for the project; and WHEREAS, Cinquini & Passarino, Ine.'s ability to produce quality work on land surveying projects has been demonstrated in the City of Petaluma and in other Northern California municipalities; and WHEREAS, staff recommends the City execute a professional services agreement with Cinquini & Passarino, Inc. for on-call land surveying services in order to complete construction plans for various capital improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: 1. Authorizes the City Manager to sign the attached Professional Services Agreement for on-call land surveying services with Cinquini & Passarino, Inc. in the amount not to exceed $100,000. Attachment 2 PROFESSIONAL SERVICES AGREEMENT On -Call Land Survevin2 Services 2014 (Title of Project) FY Fund #_ Cost Center_ Object Code _ Project # _ Amount S_ For multi-year contracts or contracts with multiple accounts: FY 14/15 Fund#_ Cost Center_ Object Code_ Project Various ClPs Amount 560.000.00 FY 15/16 Fund #_ Cost Center_ Object Code _ Project # Various CIPS Amount $40.000.00 FY_ Fund k_ Cost Center_ Object Code_ Project #_Amount S_ FY Fund #_ Cost Center_ Object Code _ Project #_Amount S_ FY_ Fund #_ Cost Center_ Object Code_ Projectt Amount S_ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into and effective as of , 20_ ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and Cinouini & Passarino. Inc, a Land Surveying ("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"). 2. Compensation: Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the 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.gov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREENIENT—PREVAILING WAGES (Wnnngc s 1037730) March 2013 4 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Set -vices pursuant to the tens 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 d. 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 Iburtcen (1 d) days after termination of the Agreement. d. 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 incus for completion of the Services. 5. Consultant's Representation; Indeoendent 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 Eauinment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Set -vices 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. S. 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. 2 PROFESSIONAL SLRVICPS AGREEMEN r- PREVAILING WAGES I iPl.n,1+1977731) Arch 11113 5 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 tlrey apply to Consultant's performance of the Set -vices. 13. Consultant No Ment. 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. AssitnmentYPransfer. 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 (i Mange 9 1037730) .March 2013 1 7. Comnliance 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 Califonua 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 ivingWage 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; 1'ItOI-LSSIUNAL SEILVICLS AGRLL\ILN I - PREVAILING wAt1LS (i\faiu_e r.lUP7}01 Minch 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, attachcAjlereto and incorporated herein by reference. [Indicate attached exhibit, e.g., `B-1, "CB -23-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 — PREVAILING WAGES (iNIUM9C 01037730) 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 (h) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the nett 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) 775-4360 Fax: (707) 775-4554 Email: cityclerlc(�i)ci.petaluma.ca.us And: Dan St. John. F. ASCE Deoartment of Public Works and Utilities 202 N. McDowell Blvd. Petaluma. CA 94954 Phone: (707)775-4546 Fax: (707) 775-4508 Email: dstiohnQci.netaluma.ca.us Consultant: Anthonv G. Cinuuini. P.E. P.L.S. Cinuuini &: Passarino, Inc. 1360 N. Dutton Avenue. Suite 150 Santa Rnsa. CA 95401 Phone: (707) 542-6368 Fax. (707) 542-2106 Email: tcinouinia.cincminioassa•ino.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. Ind emnitication. To the maximum extent permitted by taw, Consultant shall, at its own expense, indenurify, 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 PROFESS]OIJ:\I_ SCavICFS AGR FEN IFNI PRE,V:11LING, wAGF� ("Maw", ' 1031130)1.10rch 2013 28. Governinu 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 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. PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (W... a 1037730) Mach 2013 T 3 1. 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 Aureement. 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 WI-IEREOP, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONSULTANT By City Manager blame ( f21) ATTEST: Title /36 D 4 /4'0 City Clerk Address APPROVED AS TO FORM: .3.4 /Zosa . City State Zip n¢- 2.22/7¢60 City Attorney Taxpayer I.D. Number APPROVED: �—CJ�Ga:F32 Petaluma Business Tax Certificate Number Department Director APPROVED: Risk Manager APPROVED: Pinnnee Director life name 8 PRUPESSIUNAL SERVICES AGRLBIEN1' - PRI:VAIIJNG WAGES I lnmvF - 1077211)Ntamh 2013 EXHIBIT A On -Call Surveying Services Scope of Services Consultant shall provide on-call surveying services to the City of Petaluma for various Capital Improvement Projects. The professional surveying services provided may include, but is not limited to the following projects: 001400104 E. Washington Park Phase 1 C66401301 Brown's Lane Recycled Water Main Replacement C66401415 Recycled Water Pipeline Extension C16301413 Capri Creek C67S01303 2" Water Main Replacements 066401417 Sewer Main Replacement C66401314 Petaluma Blvd South Sewer Trunk Main The following services shall be made available to the City upon request: • Topographic Surveys • Boundary Retracement Surveys • Records of Survey • Construction Surveys and Staking • Aerial Mapping Photogrammetry and Route Surveys • Control Surveys • Legal Description and Plats • Preparation of Maps and Exhibits • Hydrographic Surveys • Corner Records for Monument preservation • Hydrology & Hydraulic Cross Sections • Laser Scanning and LiDAR • Title Research • Easement and Right -of Way Documents 12 Scope of Service Surveying 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. In consideration of the services to be performed by the Consultant, the City agrees to pay the Consultant at the hourly rates as set forth in the attached Hourly Billing Rates. The hourly rates indicated in the fee proposal includes all costs incurred to provide the service and no separate compensation for travel 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 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, cost, 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 surveying work in AutoCAD format shall conform to City standards of layering, line -type, color, blocks, and scale. The City will provide the consultant with an AutoCAD template showing the City standards. Any line work or items not indicated in the template will be brought to the attention of the City, and the City will provide direction for those items. All of Consultant's work produced under the agreement shall be property of the City. 13 (TNQ4lit c PASSIANDsl RN AF.1 TNG QUALIFICA'T'IONS FOR A 1d 11 ljY1O. A I1111v.tU9III ON-CALL LAND SURVEYING SERVICES .:•.11:,:.11'1, HIT.n:'.11 CITY OF PETALUMA A I Nf H It 1111.1`:,. Ar WIC., Reliable communication is required between the office and Geld surveyors. As part of our standard operating procedure, our patty chiefs are provided cell pliones to enable quick resolution to any issues or last minute changes that may arise. HOURLY FEE SCHEDULE A° :511 CO'5" MARCH 1,22014 Cost plus 15' iS OFFICE AND PROFESSIONAL kf-C— Professional Und Surveyor (4 H1II:BS1PIJtUNIl S285.00 per liner &xi'rkE w€E4tss,nr.i'ostnx;sScrnsuLrnno4s 5100.00 per hrnur Professional land Survevor 5210.00 per hour LI{iAi. krSHARCll R COL.nT rXI IRRTS Principal Professional Land Surveyor 5170.00 per hour Profl_+sioaal Land Survevor $142.00 per hour Or11ee CalCulatiuns olid Field Crew 5120.70 per hour Preparation —S LV�r Stllt VLYUtt CAD Diallingand Plouin_g 5115.00 per hour (tits}r Rt'#tit} SI ]U 111 TCCH?il 14K Word Processing, Clcrical and Ddih erlcs S 90.0i) per 11OLLr FIELD CREWS HIL N ILU ni iv,; €4rt� urs vr, uccr-s. rnr'Icsit�� t. aul[.4ee S nun;tu:4E- I Person Field Pam• S160.O0 per hour I Person GPS Party S220.00 pet hour 2 Person Field Panv $245.00 per hour r18L€1 CItEW CONSISTS CR PARTY CHiri',@ CHAIAaA\ 3 Person Field Party 5330.00 per hour E'F[itJk C3tEt1's CoystsTor Rtftt 1' C'Eiifl'. � t'KniV lSEk 4k C€IAIh:4fA\ al' E'(ACE'EfLSp;i. 4 - Person Feld Party 5375.00 per hour FIRECRCR's CO4SIS OFP.11tn'C'HIFI,: Cf1AlA4ff\(lRriiTl\biABS2PLAGi'GRSOSS. SUPPLEMENTAL I' ENIS Outside Cnntr ct work Cost plus 15' iS Oveninre Work 1.3,N base rate Over 8 Hours on Saturday, all day on Sundays or Holiday L5 a base crew rate Travel Time for 2 -Alan Crew 5100.00 per hrnur (BEYOND 1110111? 01 --TRA I r1.01 r7SIDEAN 811tlGR HORRDA t) C inqumr & Pauarina, Ltc. A Ctdijirtria Certified Lrurd Sraret otg Strap Business Curet pri.lc 14 INSURANCE REQUIRE1MENTS EXHIBIT B-2 Consultant's performance of the Services under this Agreement shall not continence 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 ternunation 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 Inability 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: Are insurer shall reduce or eliminate such deductibles or Exhibit B2 Pap 1 of 2 1NSUKANCL REQUIR-EMI.NiS (City) (09325) April 2010 15 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 raising 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. 3. For any claims related to this project, the Consultants 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 ncludingbreaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. -I. 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. i. 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 ANIL 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 Pagc 2 of 2 INSURANCE R EQIIIRENI WtS(Cty) 1V WIIJ) Api it 21110 16 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 tunes 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 AgreemenLs Provisions Required Pursuant to Califomm Labor Code § 1720 of seg. (1037770)(Sept 2007) 17 Consultant or subconsultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar clay 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 die 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 stall 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. hi accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged in performance of the Set -vices, shall keep accurate payroll records showing the name, address, social security number, wort: 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 o1' 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 employers 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 Califomia Labor Code Section 1776. I'mvailmg Wage Exhibit ['or Scrvrcc Acreements Provisions Required Pursuant to l alifotnia Lobar Code : 1720 el seq. (1037770)(Scpt 2007) In 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 die 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 tic 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. rile name: Prnvailiog Wage Exhibit for service Agreements Provisions Required Pursuant to California Labor Code F 1720 et seg. (1031770){Sept 2007) 119 EXHIBIT D ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living gage 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: m Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Hoard, 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 Rage 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 I of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (I6386972) Nov 2012 20 SO ACKNOWLEDGED and CERTIFIED: Project or Contract T.D. (Print t i�` e of Covered Entity/Business Capacity) Bim' `(Print Nafnc) /L 7 �ASYtgii:ltU e} (Title �ce--,— /Capacity of Authorized Signer) Page 2 of 3 Date: /!/%2oc,,z LIVING WAGE ACKNCAVIX.DGEMENr AND CH I IPICAI ION { 1638t,.97.2) N,,, 2012 21 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, CONIPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LrkW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED -1.0 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 ASA PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTII'ICATION 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": /voNe 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 11638697.2) Nov 2012 'J?