HomeMy WebLinkAboutResolution 2014-181 N.C.S. 12/01/2014Resolution No. 2014-181 N.C.S.
of the City of Petaluma, California
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,
3014 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, staffrecommends the City execute a professional services agreement with
Consolidated Engineering Laboratories for on-call Geoteclnical 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 ofthe 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.
Under the power and authority conferred upon this Council by the Charter of said Cir.
REFERENCE: I hereby certify the foregoing Resolution was introduced land adopted by the A^� prob�ed as to
Council of the City of Petaluma at a Regular meeting on the I" day of December, ! fbrin
20 W, by the following vote: i r
City Attornee
AYES: Barrett. Mayor Glass, I Iarris. I ealy, Vice Mapur Kearney, Miller "v
NOES: None
ABSENT: Albertson
ABSTAIN: None
ATTEST: �---"-I
City Clerk Mayor.._
Resolution No. 2014-181 N.C.S. Pace I
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
On -Call Geotechnical Engineering. Materials Testing_. and Ins_nection Services 2014/2015
(Tide 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:
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.eov)
and has obtained a currently valid Petaluma business tax certificate.
Resolution No. 201-1-181 N.CS. Page?
FY Fund R
Cost Center
Object Code
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FY 14115
Fund Y.' _
Cost Center _
Object Code
Project m Various CIPS Amount $60,000 00
FY 15/16
Fund t: _
Cost Center _
Object Code _
Project n Various CLP s Amount $40.000.00
FY
_ Fund k
_ Cost Center_
Object Code
Project m _ Amount $_
FY_
Fund R
Cost Center
_ Object Code
_ Project 9_ Amount $_
FY
_ Fund 4
_ Cost Center_
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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:
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.eov)
and has obtained a currently valid Petaluma business tax certificate.
Resolution No. 201-1-181 N.CS. Page?
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 continences 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 after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may inunediately 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 Renresentation: 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 Eouinment. 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.
Resolution No. 2014-181 N.C.S. Paee 3
10. Progress Renorts. 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. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
Resolution No. 2014-181 N.C.S. Page 4
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of 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;
Resolution No. 2014-181 N.C.S. Page
(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
Department 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. Canna. President CEO
Consolidated Engineering_ Laboratories
7757 Bell Road
Windsor. CA 95792
Phone: (707)838-1115
Fax: (707) 838-1114
Email: acaDDa(@,ce-labs.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
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
Resolution No. 2014-181 N.C.S. Page 6
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
time Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-2 attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1 " "B-2 " 'B-3 " at- "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.
Resolution No. 2014-181 N.C.S. page 7
28. Governine 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.
Resolution No. 2014-181 N.C.S. Page 8
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 CONSULTANT
By C
City Manager �NameL!"KUTJ
ATTEST:
Title
'�CC.�I C'iTl�('Ctlttlrrl hrI �"I[�l^
City Clerk
Address
APPROVED AS TO FORM:
� '; t {moi 1} 1(•11 1 C W t'Irl
City . State Zip
qLI-zl "f's 1115
City Attorney
Taxpayer I.D. Number
APPROVED:
I I> I I {'lC
Petaluma Busi[�-ss Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
rile name:
Resolution No. 2014-181 N.C.S. Page 9
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
C66401415 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.
Resolution No. 2014-181 N.C.S. Page 10
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 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 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, 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 of Consultant's work produced under
the agreement shall be property of the City.
Resolution No. 2014-181 N.C.S. Page I I
G,
CONSOLIDATED ENGINEERING
L A 9 O R A T 0 R I 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 be 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 be 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 nor for 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 be 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 density gauge determination will be correlated with
density of compacted specimens determined according to ASTM D1188;
• Temperature of asphalt concrete just prior to paving;
Resolution No. 2014-181 N.C.S. Paee 12
CONSOLIDATED ENGINEERING
LASO RATO RIES
• 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 (48) 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 manufacturers 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;
Resolution No. 2014-181 N.C.S. Page 13
CONSOLIDATED ENGINEERING
A 8 G R A T O R I e 3
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 (S%) 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;
Resolution No, 2014-181 N.C.S. Page 1-1
CONSOLIDATED ENGINEERING
L A 9 O H A T O n I E 5
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 prior to
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 C140;
• 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;
Resolution No, 2014-181 N.C.S. Page 15
CONSOLIDATED ENGINEERING
L A 9 0 R A T O R 1 e. S
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.
Resolution No. 2014-181 N.C.S. Page 16
C9
CONSOLIDATED ENGINEERING
L A S D R A T O R I 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 by the 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-SHRINI( 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.
FIRE/LIFE SAFETY SYSTEMS
Smoke Control Test Procedure
1)
Smoke all smoke detectors
2)
Smoke all duct detectors
3)
Pull all pull stations
4)
5)
Resolution No. 2014-181 N.C.S.
Flow test all sprinkler flow switches and
time of alarm
Test all tamper switches
Pugs 17
G-I-
CONSOLIDATED ENGINEERING
L A 3 O A A T O A I E 9
6) Verify stair pressurization points
7) Verify all fire/smoke damper operations
and time
8) Verify air handling functions
9) Verify control panel operation and
notification of lights
10) Witness elevator recall
11) Verify pressurization between floors
12) Verify all addressable devises address to
panel
13) Verify labeling of all devices
14) Verify time of emergency generator cut -in
15) Check all fireman's phone jacks
16) Check battery backup time
17) Verify all items on matrix work properly
18) All contractors to have one (1) person on
hand to resolve any problems
19) Verify door pulls at 15lb5.
20) Verify all air balance reports provided by air
balancers
21) Verify duct pressurization test including
gypboard shafts
22) Verify angles around fire/smoke dampers
23) Verify access doors to damper and motors
24) Verifying access to electrical panels
25) Verify all strobes and speaker operate
properly
26) Verify all doors operate properly, i.e. mags
and locks
27) Test all control tubing related to smoke
control
28) Verify signal circuit voltage drop
29) Submit report to engineer
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 (FF and FI) 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;
Resolution No. 2014-181 N.C.S. Page 18
co
CONSOLIDATED ENGINEERING
L A B O R A T O R I E 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 manufacturer's 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.
Resolution No. 2014-181 N.C.S. Page 19
CONSOLIDATED ENGINEERING
I. A 3 0 R A T 0 R I E S
CITY OF PETALUMA FEE SCHEDULE
CONSTRUCTION INSPECTION AND MATERIALS TESTING
Effective January 1, 2014 through December 31, 2015
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Resolution No. 2014-181 N.C.S. Pugs 20
CONSOLIDATED ENGINEERING
, , a 0 R A, T 0 R I e 5
CITY OF PETALUMA FEE SCHEDULE
CONSTRUCTION INSPECTION AND MATERIALS TESTING
Effective January 1, 2014 through December 31, 2015
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Resolution No, 2014-181 N.C.S. PaRe 21
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Resolution No, 2014-181 N.C.S. PaRe 21
INSURANCE REQUIREMENTS
EXHIBIT B-2
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
I. 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
Resolution No. 2014-181 N.C.S. Page 22
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.
Z. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VIL
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.
Resolution No. 2014-181 N.C.S. Page 33
PREVAILING WAGE EXHIBIT C
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which provides that work in excess of eight hours
during any one calendar day and forty hours during any one calendar week is permitted
upon compensation for all hours worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week at not less than one -and -one-half times
the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each
worker employed in the performance of the Services for each calendar day during which
the worker is required or permitted to work more than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has detem-iined 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
Resolution No. 2014-181 N.C.S. Page 24
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:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
Resolution No. 2014-181 N.C.S. Page 25
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 perforated 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.
Resolution No. 2014-181 N.C.S. Page 26
EXHIBIT D
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 l lunicipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSTIA), 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.
Resolution No. 2014-181 N.C.S. Page 27
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
�!CYI : �lLj Crl E IILttV1LL.LlIL.t IiAt,lLCDate:
(Print Name of Covered Entiti Business Opacity)
By
(Print ame)
/i
/s/
(Signature) /
r
Its
(Title /Capacity of Authorized Signer)
Resolution No. 2014-181 N.C.S. Page 28
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 CI LARGE, 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 NAGE 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": KX H
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Resolution No. 2014-181 N.C.S. Page 29