HomeMy WebLinkAboutStaff Report 3.B 02/23/2015DATE: February 23, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, RASCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Deputy Director, Public Works and Utilities /14
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Engineering Design Services for the Copeland Lift Station
Upgrade Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute a Professional Services Agreement for Engineering Design Services for the
Copeland Lift Station Upgrade Project.
BACKGROUND
The Copeland Lift Station is located at the north end of Water Street directly adjacent to the
Petaluma River, as reflected in Attachment 3. The station pumps wastewater originating from
northeast Petaluma across the River to a gravity sewer line in Madison Street, which then flows
to the City's Primary Influent Pump Station (PIPS) at Hopper Street. PIPS pumps directly to the
Ellis Creek Water Recycling Facility. The lift station, built in 1997, has experienced repeated
failures and is not operating at an acceptable level of service. It requires significant attention by
maintenance personnel. The Copeland Lift Station Upgrade project includes architectural,
structural, mechanical, electrical equipment, and instrument control improvements to meet
reliability, safety, and maintenance requirements.
The proposed action meets Council Goal: "Plan for and implement priority capital projects as
funding permits."
DISCUSSION
On June 9, 2014, the Public Works and Utilities Department solicited proposals for engineering
and design services for this project through a Request for Proposal (RFP). The following firms
responded to the RFP: Brelje & Race Consulting Civil Engineers, CSW / Stuber- Stroeh
Engineering Group, HydroScience Engineers, AMEC, Water Works Engineers, Note
Engineering, and Schaaf & Wheeler Consulting Engineers.
After careful consideration, reference checks, review of similar project deliverables, and review
of cost proposals, HydroScience Engineers is recommended as the firm best suited to perform
these services. There were eight criterion identified in the RFP used by the selection committee
to determine the most qualified proposal. The criteria for selection included evaluation of the
overall proposal, project scope and comprehension, project management approach, technical
approach to the project, project team organization, schedule of hours, resumes of team members
with relevant work experience and estimated schedule. HydroScience Engineers was selected
because they provided the most comprehensive proposal which illustrated their extensive
experience with the engineering design of sewer lift stations. The proposal submitted by
HydroScience Engineers was the most detailed in project management and technical approaches
and provided the best proposed scope of work for the services requested. HydroScience
Engineers' past work demonstrated extensive experience with numerous municipality lift station
projects with many favorable reviews from past clients.
It is recommended that HydroScience Engineers provide engineering services to support the
upgrades to the Copeland Lift Station. The services include the following: complete pump statior
assessment, complex design of new pump station including mechanical, electrical, structural, and
instrumentation upgrades, architectural improvements, and engineering services during
construction. The proposed scope of work is included in Attachment 2.
The schedule for the pump station improvements includes completing the design and selecting a
contractor by December 2015. The construction is estimated to take up to 10 months. The
construction phase is scheduled to be completed by the end of 2016.
FINANCIAL IMPACTS
The engineering and design services will be performed on a time and materials basis not to
exceed $259,919. The total proposed budget for this project (C66501004) is shown in the
approved 14/15 CIP budget as $1,074,000. A mid -year budget adjustment was made for this
project lowering the budget for the current FY to $445,000. Anew project number and name
will be created in the in the 15/16 budget specifically for this project rather than the existing
project which includes various lift stations.
ATTACHMENTS
1. Resolution
2. PSA Agreement
3. Location Map
2
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN
SERVICES FOR THE COPELAND LIFT STATION PROJECT
WHEREAS, the City of Petaluma wishes to design and construct the Copeland Lift
Station Upgrade Project ("Project"); and
WHEREAS, this Project requires the services of a quality professional civil engineering
design firm familiar with similar projects; and
WHEREAS, the City of Petaluma circulated a Request for Proposals on June 9, 2014
and seven (7) proposals were received; and
WHEREAS, the proposals received were reviewed and evaluated for qualifications; and
WHEREAS, HydroScience Engineers' ability to produce quality work on civil
engineering projects has been demonstrated in Northern California municipalities; and
WHEREAS, based on the criteria outlined in the Requests for Proposals, staff
determined that HydroScience Engineers is the most qualified of the consultants who response to
deliver the civil engineering design services and construction support necessary for the Project;
and
WHEREAS, staff recommends the City execute a professional services agreement with
HydroScience Engineers for civil engineering design services in order to complete construction
plans, specifications and provide construction support for the Copeland Lift Station Upgrade
Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to sign the attached Professional Services
Agreement for civil engineering design services with HydroScicene Engineers for the Copeland
Lift Station Upgrade Project in the amount not to exceed $259,919.
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
Copeland Lift Station Upgrade
(Title of Project)
FY 14/15
Fund # _
Cost Center 30300
Object Code 54140
Project # C66501004 Amount $259.919.00
For multi-year contracts or contracts with
multiple accounts:
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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 HvdroScience Engineers Inc., a
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 $259.919.00 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.
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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.
Term. The term of this Agreement commences on the Effective Date, and terminates on
6/30/2016, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
Licenses. Permits. Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for perforating 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
flus 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 famished, 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.
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10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
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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.
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C
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,
Livina Waee (the "Livine Waee Ordinance"), as the same may be amended from time to
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 Luring 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
tent ination of this Agreement pursuant to Section 4 hereof.
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
PROFESSIONAL SERVICES AGREEML1,11 -PREVAILING WAGES
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(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:
Public Works and Utilities Department
Attn.: Dan St. John
202 N. McDowell Blvd
Petaluma CA. 94954
Phone: (707) 778-4546
Fax: (707) 776-3675
Email: dstiolmAci.petaluma.ca.us
Consultant: HvdroScience Engineers Inc.
Attn.: Curtis Lam
741 Allston Way
Berkeley. CA 94710
Phone: (510) 540-7100
Fax: (510) 540-7106
Email: clainahydroscience.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
PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES
(1037730) ApnI 2009
connection with the Set -vices 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 fust. 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
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract'
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-2 attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., 'B-1 " "B-2 " "B-3 "or "B-4 "]
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
27. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES
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28. Governing Law, Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
29. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third parry.
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.
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10
34. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
35. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
36. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
CONSULTANT
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PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES
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City of Petaluma, Copeland Pump Station Rehabilitation Project (Project No. C66501004)
HydroScience Engineers - Scope of Work
December 17, 2014
Task 1: Pump Station Preliminary Design
HydroScience will review record drawings and specifications, pump data, and maintenance
records and any historical data the can be provided by the City prior to site inspection of the
Copeland Pump Station. The City's operations staff will also be asked to discuss current and
historical O&M issues they have experienced at the Copeland Pump Station.
HydroScience will perform a site inspection by key staff to visually inspect the condition of the
mechanical and electrical equipment, identify code requirements and desired or necessary
upgrades, and to discuss the overall performance of the pump station. The City has concluded
that the electrical service, motor control centers, pumps, valves, odor control piping, building
perimeter venting, and access gate need to be replaced. HydroScience will assess the pump
station standby generator with respect to current air quality and enclosed space standards, wet
well condition, lighting, alarm, and the overall condition of the station. Additionally,
--HydroScience-will-identify a preferred -location -for a flow meter, include SCADA connection —
options to the City's water recycling facility provided by the City, identify how to provide bypass
pumping during an emergency, and identify HVAC measures to implement in the control '
building. No confined space entry will be performed by HydroScience during this site inspection.
Structural assessment of the force main supports is limited to visual observations that can be
made from either the adjacent foot bridge or riverbanks.
The preliminary design will be presented to the City in the form of a Preliminary Pump Station
Design Report and discussed at a project workshop. After receiving the City's comments,
HydroScience will finalize the assessment report and use this document as the basis for
developing a Basis of Design Report (BODR).
The BODR will include recommended upgrades and design criteria to be used in final design.
The improvements will address architectural requirements, electrical service upgrades, building
improvements, pump station improvements, flow measurement, and bypass pumping. SCADA
and control requirements will also be included and will be provided by the City. An important
part of the BODR will be to define a detailed construction sequence for completing the
recommended upgrades.
The BODR will include design flow information provided by the City. The City has determined
the necessity for the VFD operation due to the wet weather and dry weather flows and limited
wet well capacity. HydroScience will provide up to two alternatives for pump and pump
configuration within the exiting wet well based on the City's estimated current and future wet
weather and dry weather flows.
HydroScience will also identify a suitable location for a new flow meter so that the City can
better track sewage flow rates. The SCADA system will be upgraded to provide for remote
monitoring and control from the City's Ellis Creek WRF, in accordance with City standards and
practices. Site security options will also be identified.
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EXHIBIT A
The design will include specifications for Contractor -provided short circuit, coordination, and
arcflash studies; as well as related equipment labeling. The design will include definition of
National Electrical Code hazardous classifications, and inclusion of related installation
provisions. The above grade facilities will also be designed to blend into the surroundings, and
the site architecture will be designed to fit nicely with the neighborhood with respect to
aesthetics, noise, and odor control. The only landscaping included will be what is required by
City Planning, and is intended to be low maintenance.
All contact with the City's Planning Department and the Public will be initiated and performed by
the City. All requirements if the City's Planning Department will be coordinated by the City and
presented to HydroScience for inclusion in the preliminary design.
The draft BODR will be presented to the City staff in a workshop. Following City review and
comment the BODR will be finalized. The final BODR will provide the City with a clear
understanding of the final recommended project.
Deliverables:
• Pump Station Assessment Report: 3 hard copies, one electronic PDF
• Basis of Design Report (draft and final): 3 hard copies, one electronic PDF
• Site Design Plan and Architectural Design Plan for SPAR application
Task 2: Final Design
After City review and acceptance of the final BODR, HydroScience will develop the contract
documents, including drawings and all technical specifications required to bid the construction
project. The City will take the lead in editing and assembling front-end specifications.
HydroScience will provide the following limited assistance:
• Respond to City -specific questions regarding certain fields to be completed in the City's
standard specifications.
• Provide input to bid forms.
• Provide input regarding Contract provisions such as required licensing, bonding, and
experience.
Specifications will be prepared in CSI format. HydroScience will submit specifications and
drawings at the 50%, and 90% design levels for the City's review. Comments from the City will
be addressed in each subsequent submittal. The 90% submittal comments will be incorporated
into the final bid set. HydroScience will make all document submittals in PDF format. The
stamped bid drawings will be submitted as both 11 "x17" (half size) and 22"x34" (full size) PDF
format suitable for printing. Specifications will be submitted in BY2'x11" PDF format suitable for
double sided printing.
The City will meet with the Planning Department for any architectural design coordination.
HydroScience and the City will coordinate to incorporate the Planning Department
requirements. It is assumed that one meeting will be held with the City staff this portion of the
design.
The design documents will include requirements pertaining to construction sequencing and
outages. City front-end specifications, including Section 01010, include General Requirements.
13
o:trIm
HydroScience will edit Section 01010 and/or develop other requirements to describe one
possible construction sequence permissible shutdowns, on site backup provisions and other
redundancies, and other provisions to assure low-risk customer activities. For bidding, the
extent to which on-site generation and/or bypass pumping are required will be defined.
HydroScience will prepare an Engineer's opinion of probable cost with each design submittal.
Costs will be developed from work on previous projects and equipment budgets costs. Costs will
be indexed to the ENRCCI for the San Francisco area.
Deliverables:
• 50% PS&E: 3 hard copies, one electronicPDF
9 90% PS&E: 3 hard copies, one electronic PDF, plus excel file documenting response to
50% PS&E comments
• Final Bid Set: Six 11 X 17 hard copies, one loose 22 X 34 full size hard copy, one electronic
PDF and AutoCAD of drawings, electronic PDF of specifications, excel file for cost estimate.
Task 3: Bidding Assistance
HydroScience will assist the City throughout the bid phase. It is assumed that the City will
advertise the bid. HydroScience will respond to bidder RFIs and prepare up to two Addenda
__--rtith_revisions_to the project drawings-ifnecessary_-_HydroScience_will_attend-the-pre—bid
meeting prior to bidding. HydroScience will assist the City in reviewing the bids, if requested.
Deliverables:
• Response to RFIs
• Prepare up to two addenda.
• Review and recommendation for bids
Task 4: Construction Administration
The HydroScience Project Manager, Project Engineer, and Electrical/I&C Lead will attend the
Pre -Construction Conference. The City or designated CM will prepare agendas and meeting
minutes. HydroScience will review the contractor technical submittals for conformance with the
technical specifications. To expedite submittal and review, it is assumed that all submittals will
be forwarded to HydroScience in PDF format. For the purposes of budgeting, a total of 30
submittals are assumed for this project.
HydroScience will respond to formal requests for information (RFIs) from the contractor. It is
assumed that RFIs will be forwarded to HydroScience in electronic format. For budgeting
purposes, it is assumed that 20 RFIs will be required for this project.
HydroScience will also provide design services for change orders required or desired for this
project. For budgeting purposes, it is assumed that up to five change orders will require design
input for this project.
HydroScience will not attend weekly construction meetings but will be available for conference
calls, if needed. Special meetings and onsite observation visits by HydroScience are limited to a
total of eight visits. These meetings will be called at the discretion of the City's representative.
14
We have budgeted 124 hours total for our Electrical and I&C leads during the construction
phase to support the startup, testing, construction meetings, and site visits. At the City's
discretion, this time can be used to have HydroScience attend the factory acceptance test
and/or the field acceptance test of the electrical controls system to verify the completeness of
the control system prior to startup.
HydroScience will make a final inspection to help prepare a punch list for final closeout.
Verification of this list will be done by the City or CM and will not require an addition site visit by
HydroScience.
Following project completion, HydroScience will prepare a set of Record Drawings based on the
contractor markups of modifications to the design drawings. The Record Drawing set will be
provided to the City as a PDF document in both half and full size.
If desired, HydroScience can provide a resident engineer, construction inspector, or other
construction phase services as required by the City.
Deliverables:
Response to RFIs, submittals, and potential change order requests
Punch list for final closeout in electronic format
- •-- Record drawings -in-PDF-format -in-half-and -full size-- -- - -
Task 5: Project Management and Coordination
HydroScience will provide project management and coordination for the project duration. These
services are expected to include:
Progress meetings. HydroScience will attend and facilitate up a kickoff meeting and four
progress meetings with City staff. It is expected that a kickoff meeting will be held within one
week of issuance of NTP. Progress meetings are expected to be held following the submittal of
the BODR, 50% submittal, 90% submittal, and one additional as -needed progress meeting. We
typically collaborate our work closely with our clients, and will work with the City to identify the
most appropriate time(s) to meet to discuss the project. HydroScience will work with City staff
to schedule the meeting, prepare the agenda, and provide meeting minutes.
Prepare and maintain a project design schedule. HydroScience will prepare a project design
schedule that presents the expected progress of the project tasks in a Gantt Chart format. The
schedule will be updated monthly and, along with issuing monthly progress reports,
recommendations will be made for corrective action to address unanticipated delays to keep the
project design schedule on track.
Prepare monthly progress reports and invoices. HydroScience will prepare monthly
progress reports outlining the team's progress on the project tasks. These reports will include
summaries of progress meetings and recommendations for corrective actions to address any
unanticipated delays to help maintain the project schedule. These reports will correlate with the
monthly invoices that will be prepared using the City's billing format.
15
EXHIBIT A
Prepare and maintain a project decision log. HydroScience will prepare and maintain a
project decision log that records design decisions. This log will include summaries of the
decisions made, any key items used to reach those decisions, and any other relevant
information. HydroScience will work with the City to settle upon key project decisions early in
the project (during preparation of the BODR) to facilitate efficient progression through the
remaining detailed design steps.
Deliverables:
• Electronic PDF of the project decision log, with periodic updates issued as needed
• Electronic PDF and hard copy of the project schedule, with periodic updates issued monthly
and as needed.
• Invoices - hard copies submitted monthly
• Project status reports - submitted monthly electronically in PDF format
• Meeting agenda and minutes - submitted electronically in electronic formats
CITY INPUTS
Mechanical
The City has standardized on Flygt pumps, and has related expectations for mounting and
guide rails. The City will provide input and reviews on these items. The City will also provide
input on valve manufacturers
Electrical
For equipment and standby generator sizing, the City will declare whether equipment should
accommodate duty loads or duty plus standby loads.
Instrumentation, Controls, SCADA
The City's pumping station control systems, including Supervisory Control and Data Acquisition
(SCADA), make use of certain standards and consistent approaches. The City will provide to
HydroScience the following design inputs to assist the team in conforming with approaches in
use at the City:
1. Provide review comments on process and instrumentation diagrams.
2. Provide direction on PLC make and model, including 1/0 modules.
3. Provide direction on the radio communication requirements including radio and antenna
equipment, and orientation/routing (via existing repeater, if necessary) for integration with
the WRF. The Consultant will design mast and anchorage.
4. Review and offer edits on control strategies.
5. Provide direction on general control system architecture, with primary programmed control
and hardwired backup controls.
6. Provide direction on intrusion override selection.
7. Provide direction on equipment tagging, including site prefix to be indicated on project
drawings.
8. Provide a table of construction responsibilities as it pertains to control systems, including
programming by the City's programmer.
9. Provide review comments on startup and testing requirements, as part of the table above,
and overall coordination of station commissioning.
16
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17
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 LiaW ty-cov_erage_-_,-----------
a.
--___--a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Page 1 of 2
INSURANCE REQUIREMENTS (City)
(609325) Apri1200
is
self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A: VII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREMENTS (City)
(609725) April 2010
19
PREVAILING WAGE EXHIBIT C
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which provides that work in excess of eight hours
during any one calendar day and forty hours during any one calendar week is permitted
upon compensation for all hours worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week at not less than one -and -one-half times
the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each
worker employed in the performance of the Services for each calendar day during which__
the worker is required or permitted to work more than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773 2, the City has determined the
general prevailing wages in the locality in which the Services are to be performed for
each craft or type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the City and shall be made available on request. The Consultant and
subconsultants engaged in the performance of the Services shall pay no less than these
rates to all persons engaged in performance of the Services.
B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the Services shall comply Labor Code Section 1775 which
establishes a penalty of up to $50 per day for each worker engaged in the performance of
the Services that the Consultant or any subconsultant pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing
wages, or the previous record of the Consultant or subconsultant in meeting applicable
prevailing wage obligations, or the willful failure by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had lmowledge of their obligations under the California Labor Code. The
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 el seg.
(1037770)(Sept2007)
20
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— PF; Le Mal,:- P.M final t5,m--t#-to #ho sub�ensulta the ensultan# shall --
affidavit signed signed under penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
The information contained in the payroll record is true and correct.
The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
Prevailing wage Exhibit for Service Agreements
Provisions Required Purbuml to California Labor Code § 1720 eraeq.
(1037770)(Sept 2007)
21
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of
the Consultant and any subconsultants engaged in performance of the Services, shall be
responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subconsultant engaged in
performance of the Services to employ on the Services any person in a trade or
occupation (except executive, supervisory, administrative, clerical, or other non manual
workers as such) for which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to Services
to be performed by that person. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial employment of the
person affected and during the continuance of such employment.
file name:
Prevailing Mage Exbibit for Service Agreements
Provisions Required Pursuant to California Labor Code F 1720 et seq.
(1037770)(Sep12007)
22
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 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:
o Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
• Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by.providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contahted herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(16386972) Nov 2012
23
SO ACKNOWLEDGED and CERTIFIED:
Projector Contract I.D: C66501004
dvBSct�1c�i4eebS Date:
(Print Name of Covered Enfi usiness Capacity)
0
(Print Name)
/s/
(Signature)
Its \Jwe_—,Pt/e s%C�m1V
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTnICATION
(1638697.2) Nay 2012
24
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUTNOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
• AFFECTS YOU 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
PLEASE PROVIDE THE DATE, TILE 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": 1A01 -w—
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Page 3 of
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
25
Attachment 3
COPELAND LIFT STATION UPGRADE PROJECT
NO. C65501004
LOCATION MAP
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Date :February 23, 2015
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26