HomeMy WebLinkAboutAgenda Bill 5.A 09/13/2010a'~
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~l~-evidc'' Itevw #5.f1
DATE: September 13, 201'0
TO: Honorable Mayor and Members of the Gity Council through .City Manager
FROM: Pamela Tuft -Interim Director, Water Resources & Conservati
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Engineering Services During Construction for the `C' Street Pump
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 Services during
construction to Psomas for the `C' Street Pump Station Upgrade Project.
BACKGRO>(TND
The `C' Street Pump Station Upgrade project involves structural, mechanical, and electrical
improvements to the existing pump. station. On August 2, 2010, a contract was awarded to
Pacific Infrastructure Corporation in the amount of $2;305,000: Procurement of materials and
equipment is scheduled to begin in September. 2010. Construction is scheduled be completed in
November 2011. The projectlocafion''is shown on Attachment 3~:
DISCUSSION
Psomas is the design engineer and engineer of record on.the C St. Pump Station Upgrade project.
means they are necessary for review of civil and architectural, submittals for the project and
_:
ure'submitted/contractor selected items comply with the design intent ofthe Project. They
to ens
"are also responsible for the As-Built drawings provided. atthe completion of the project.
Psomas was selected~in 2004 to provide the design seruces for.the;project along with.ArcSine;
Electrical. Engineers; and', :Burke Tomas, architect as subconsultants. Because Psomas was
selected for the Design. contract; this is a sole source agreement. The. design was. completed in ,
Au ust of 2005 and was antics ~ ated to be debt financ '
g 'vated atthe:re nest of the Re Tonal Water ome point in;,the future. ,The project
was recently acts q ~ ~ g Quality Control Board due to sanitary
system overflows. It would be cost prohibitive to utilize another engineering consultant as
previous; .engineering decisions would need to be reconsidered and recorded under new licenses,
drawings° and specifications.
..Agenda. Review:
City Attorney Finance Director City Manager ~ 1
City Staff recommends engaging• Psomas to provide, engineering services during, construction for
the project:
FINANCIAL IMPACTS
In an effort to control the costs on this project and provide better overall project management the
Psomas contract was separated from the other design entities. The contract will be a time and
materials, not to exceed agreement. This contractual structure was selected because the work
levels to review submittals may wary widely based on-thee performance of the selected low bid
contractor. The total budget for this project (600500205) is .$3,8.96,000 over the next two years
with a year 1 approved budget of $,1,837,000. The design budget. currently has $377,000
budgeted to address design services during construction. Tkhs.`agreement will be for a not to
exceed amount of $250,000 leaving a balance of $127,000 for remaining design service
agreements. The anticipated agreement with ArcSine Engineering for' electrical engineering
services during construction will have:.a not. to exceed, amount of approximately $100,000,
leaving the Design budget line item with a positive balance of $27;000.
ATTACHIVIENTS
1. Resolution
2. PSA Agreement
3. Location Map
2
RESOLUTION AUTHORIZING TIIE CITY MANAGER TO EXECUTE A
PRO1F'ESSIONAL SERVICES AGREEMENT FOR
ENGINEERING; SERVICES DURING CONS'T'RUCTION TO PSOMAS
FOR THE `C' STREET PUMP STATION UPGRADE PROJECT
WHEREAS, the City of `Petaluma is under contract to upgrade the `C' Street Pump
Station on the Petaluma River at `C' Street; and,
WHEREAS; this project requires: the services of a quality,professional engineering firm
familiar with pump stations and' experienced in design services; and,
WHEREAS, Psomas is the design engineer of record for. this Project; and,
WHEREAS, Psomas has demonstrated ability to produce superior quality work on
complex engineering projects, which has been. demonstrated with over 20 years of engineering
design services for Bay Area municipalities; and,
WHEREAS, staff recommends the City execute a professional services agreement with
Psomas for engineering services during construction for the. `C' Street Pump Station Upgrade
Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
Authorizes the City Manager to sign the attached Professional Services Agreement
for Engineering Services During Construction with Psomas in support the `C' Street
Pump Station Upgradc Project in the amount of not to exceed $250,000.
'. ' ~ `., ; Attachment 2
;;~,,,,~` , ; ~, ~ ~ ~,,~ ~„ PROFESSION~AL~iDES~GN~SERVIC]ES.AGREEME~NT
Engineerg Services. During Construction for
'C' Street 'Pump Station Upgrade
(Title of Project)
FY 10/11 Fund #6600 . Exp. Acct. #66999=54110 Project # 000500205 Amount $165 00
For multi-year,contracts or contracts with multiple. accounts:
FY I I/12 Fund #6600 Exp. -Acct. # 66999-54110 Project # 000500205 Amount $85.000
FY Fund.# ~ Exp..Acct: # Project,#' Amount $
FY Fund # Exp: Acct. # Project #' Amount $
FY Fund #~ Exp: Acct. # Project # Amount $
FY Fund # Exp. Acct. # Project # Amount $
FY Fund #' Exp. Acct. # Protect # .Amount $
FY Fund# Exp. Acct. # .Project `# Amount $
FY Fund # Exp. Acct.. # Project # Amount $
FY Fundi# Exp. Acct.. # Proj'ect;.#,. Amount $
FY Fund # Exp. Acct. # t'roject # Amount $
THIS PROFESSIONAL DESIGN.SERUICES 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 Psomas, a California
Corporation ("Consultant").(collectively, the "Parties"):
WHEREAS, the Parties enter into, this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration'of the mutual covenants contained' in this Agreement, the Parties
agree as follows:
1. Services. Consultant shall provide the services,as described in and in .accordance with
the schedule set forth in Exhibit "A'-' attached hereto and incorporated herein
("Services").
2. Compensation; Business Tax Certif cate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant;under the following terms:. time and materials.
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 lie 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
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PROFESSIONAL DESIGN SERVICES AGREEMENT-!PREVAILING WAGES (City) (iivtanage #1037755) 4
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compensation..to.be paid for such services. In no•case shall the tgtal compensation-
, .
g no compensation (prior written authorization of, the
ty g I r d 250 000 w>< out or a section or work program
CiderMana eree Further,
component attached with ~a specific budget shall be exceeded without prior written
authorization of tlae~ City Manager:
here
~ ~'~ ~ in, Consultant le a~ not. be paid any
p ultant~ has on, :f th the City Finance
D om ensationnunt>lnsuchrt mews Cons
Department current information requested. on the "Vendor Information" form
available from City, and' has obtained a currently, valid Petaluma business tax
certificate.
E. City's obligata;on to. pay compensation to Consultant as provided herein is
.contingent upon ;Consultant's performance of the Services pursuant to the terms
?this Agreement and any amendments thereto.
and conditions of, '
3. Term. The term of this Agreement,commences on the Effective Date, and terminates, on
December 31, 2011, unless sooner ,terminated in accordance with Sectio
termination an and all of Git s documents or`mateials provided fo Consul 4. Upon
y y' rant ana 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 terrriination 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, ,termmation• 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 terminatioii~or suspension..for cause;. Consultant: shall immediately
stop all work in progress under this A " eeme
' ~ ed top Ye event of early termination of this
Agreement by City, Consultant shall be entitl ~ merit 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
gr uses, Consultant shall be liable to City for any excess cost .City
this A cement for' ca,
incurs for completibn~,of the'~~Seryices.
5. Consultant's IZepresenta'tion;..Independent Contractor. .Consultant represents that
_, n _
ssesses~ tdlsti
relied u ons aid re resentact professional skills in performing the Services. City, has
Consultant o ~ tion as a material inducement to enter into this Agreement.
P -P ,
Consultant shall, therefore,'provde properly skilled professional and technical personnel
to perform all Services under this Agreement.,, It is expressly understood that Consultant
ontractor andand~em to ees shalpl Yt in an rig: e en ent ca
a ents,I not as aclt
g ~ ~~ ~ officers, ~erri'lo ees of a ent of City. Thisy and ~as an.independent
Agreement shall .not be
construed as an'agreement for employment.
6. h'acilities and .Equipment. Consultant shall, at. its sole cost and expense; furnish all
facilities ~ ands e'giziprnenf that .may be `required for furnishing Services.. pursuant to this
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"~ "' "~ ~ ~ ~ ~EIGIENT -'PREVAILING WAGES (Giry);(iManage # 1037755)
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April 2009
5
Agreement. City shah 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. 'l'ime. 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. Inspectioai. Consultant .shall .provide the City every reasonable opportunity to ascertain
that the Services are being perfonned.,in accordance with. the requirements sand 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:
10. Progress 12e~orts.. Upon the City's .request, Consultant shall .provide, in a form
acceptable to City, written progress reports of all oral and written. observations, opinions,
recommendations, .analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course, of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure .of which is protected or limited
by law. Consultant shall. not directly or indirectly disclose or use any such confidential
information, except as required"for the performance of the'Services.
12. Conflict of.:Interest. Consultant .represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect,. financial or otherwise,
which would, conflict in any manner or degree with the performance of the Services
~,
hereunder. Consultant„further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one. who has, or will ..have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
g y tely advise City and City may, at
its sole discretion, irate ' Y g
' ~ mediatelCterrri Hate thslA e merit..
p ty pecify in writing,; Consultant shall have no
13. Consultant No Agent. Exce t as Ci may s
authority, express or implied, to act on behalf of City irr 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 ,rof~ Performance. .Consultant shall. ,perform. all the Services in a manner
consistent with. the standards of Consultaat's profession. All instruments of service of
whatsoever nature,. which Consultant delivers to City pursuant to this Agreement, shall be
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lass rkmanhke. ,manner and conform to -the
prepared m ~a! substantial,...first c ~~ sand wo
standards of Consultant's profession. All such instruments of service ,shall become-the
sole and exclusive property, of City upon;delivery of the same.
Assienment/'Transffer. No assignment 'or transfer yin whole ~or yin part of this Agreement
shall be made without the prior`"written consent of City.
16. Subeo>ntracfors. Consultant shalli-':directly perform ah, Services; and shall not'subcontract
erforinance of the Sere
' ed to como 1 t the prior written consent. of City.
y p y, to the full extent applicable, with
An such subcontractors shall be requir
• the terms and conditions .of this Agreement; .including but. riot limited to, procuring and
maintaining insurance. coverage as required herein and which .shall name City as an
additional insured.
17. Compliance With .All 1<,aws. Consultant shall, fully comply with all .applicable local,
state and federal rules, Paws, regulations and ordinances pertaining, to the .performance of
the Services ..required hereunder; including but not; limned to, the California Building
Standards Code as ~~in,;effect' id theCity, the~~Americaris'~ with Disabilties:Act; and any 'l'aws
and regulations related •to any copyright, `patent,",•trademark or other intellectual property
right involved in performance of the Services.. Such caws ..include: but, are not limited to
the California Prevailing Wage Law; California 'Labor Code Section 1720 et seq. This
of the
g ~ he, re ui°
A reement is ~~su ect to t
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' cribed~~mi Exhibit A willsbe _ e California Prevailing Wage Law; and the
Services as des cement p .
' rformed in accordance with all applicable
requirements of the California Prevailmg Wage Law, includ>ng, but not limited to, all
applicable requirements contained in Exhibit C; which is attached to-and made a part of
this. Agreement. 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:.
" ' burin ' ~ ance' of this -Agreement, Consultant shall not
g the perform
' g y p y pplicanf for employment because of race, religion,
m to ee or a
1 S discnm nate a arist an a 11I
creed, color, national. origin, ancestry;, gender, sexual orientation, age; or physical or
mental disability imviolation of any applicable law;
19. Notice. Except as Qthei-,wise specified in this Agreement, all .notices to be sent pursuant
to this Agreement shall. be made in writing, and sent to the Parties at aheir respective
addresses specified below ,or to sucfi other address as a Party may designate by written
notice' delivered'to ahe 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) ~ certifed or regstered'mail, re "turn receipt requested;'in which case~notce shall be
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i Pi i ,G~, ES AGREEMENT,-'PREVAILING WAGES (Gity);(iManage #lS037755)
II~ III I I iiF PROFESSIONAL DESIGN SERVIC
April 2009
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.deliver ~ y a return receipt;
deemed ed on receipt if delivery is confirmed b !
(iii) . nationally .recognized. ovemight courier„ with charges prepaid or charged.. to , 'the
sender's account,~;in which case notice is .effective on delivery if delivery is
confirmed by thedelivery 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
. ~ Telephoner (707) 7,7,8-43.60
Facsimile: (707) 778-45'5'4
N
Consultant:
,. ~
And:
Remleh Scherzins;er
Denartmentof WaterResources:and Conservation,
202 N.'IVfcDowell Blud.
Petaluma, GA 94954
Telephone: „(707) 778=4583
Facsimile: (707)778=45.08
Psomas
.Attn: Jerry Valladao~
1b5 Lennon Lane,.Sute.105
Walnut. Creek; CA 94598
Telephone: X925) 937-3'44'0 x2112
Facsimile: (925) ,937=3450
.computer material on disk
20. Ownersh>Ip of`Documents. All original papers, documents or
" 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 hs'or'her; designated representative.
21. ~ Indemnificafion: Consultant shall, to,the :fullest extent allowed by law, with respect to.
all services performed in connection with this Agreement, defend with counsel acceptable.
ents, and volunteers
o Ci I
'°' t~"Indeinnit es"~h' ~armand ~foolm C~it , its officers em to ees a
( ~~ ~ ~ d against any and allclaiins that.'arise out of, pertain
,. _4 ~.
5 EMENT~., PREVAILING WAGES (City) (iManage #1037755) 8
ILIA I I u A PROFESSIONAL DESIGN;SFRVICES ACRE ~ April'2009
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a, egTigence, recklessness, or willful .misconduct' of the Consultant,
t ~ or relate to '.the n
"Claims"). Consultant will bear all. losses, costs, damages, expense and liability of every
kind, nature and description that arise out of, pertain to, or relate to such, Claims, whether
directl or indirectl ,_ With res ect tq third arty Claims agar.
nsultant waives an and``all n hts of an t ' e of ex ress or mi st the ,Consultant,. the
Co y ~ ~g ~ y yp p plied indemnity against
the Indemnitees.
In addition, and. 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,.such duties of Consultant to indemnify shall not apply when
to do so would be prohibited by California Civil Code Section 2782:
22. Insurance. Consultant'.~shall'comply with the. "Insiirance~Requirements for Consultants"
in Exhibit 'B-2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1 '` or "B-2. "]
23. Amendment: This Agreement .may be amended only by a written instrument executed
by both Parties.
24. 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.
25. 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 riot be construed against the drafter of the
Agreement.
26. 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.
27. 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.
28. 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.
~~;,. 29. No Third Party? Beneficiaries. The Parties do not intend to create, and nothing in this
' Agreement shall be construed to create any benefit or right in any third party.
PROFESSIONAL DESIGN SERVICES AGREEMENT - PREVAILMG WAGES (City) (iManage #1037755) 9
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30!. 1Vlediaton. .The Parties agree to, make~a good"faith emptto resolve any dispute arising`
out of this Agreement through mediation.. prior to commencing litigation: The Parties
~~ shall mutually agree .upon°the;mediatot and shall divide the costs of mediation equally.
31. Consultant's:Books and~R'eco'rds:
A. Consultant shall ;malntairi any and all' ledgers,books of accounts, invoices,
ocuments evdencing'or relating
vouchers canceled .checks and other records or. d
g p and disbursements charged to thee. City fore
to char es for services or ex enditures
a minimum period of three (3) years or for ,any. longer period required by law;,
from the date Qf,final.payment to Consultant~pursuant„ o this Agreement.
B. Consultant shall, malritan.:all documents .and .records which demonstrate
p g ~ period, of three (3) years or for
erformanee ,undex this A reement for a minimum
any longer period. required. by law;' from, the date of termnafiori or completion of
this Agreement'
C. Any records or documents. required to~~l5e 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, Ciry Attorney, City Finance
Director, or a ~ desi'gnated representative of these „officers. Copies of such
documents shall b'e~ 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 iri tlii's Agreement<.
D. Where :City "'has reason. to °;believe that such , records;,.or documents ;may tie, lost or
discarded. due to dissolution, disbandment oi• 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, main 'City Hall
documents shall be ~ranted'to an lama' authonzed.Access to such records and:.
g y party by Consultant, Consultant's.
representatives, or Consul'tant's succes"sor in interest: '
32. )EIeadin~s The;:headings used,in this Agreement are for. convenience only arid are not.
~: ° intended to affect the interpretation or construction of-any provisions herein;
."
33. Survival. All obligations arising prior to -the termination: of this Agreement and all
provisions., of this. Agreement. allocating liability between City and Consultant shall
survive the termination of this Agreemenf.
' t. Thi attached
34. Entire. A~reeme`n ~ s Agreemenf; includingt between1thesParties, wit hereto and
.incorporated; herein, .constitutes the entire agreemen h ..respect to
the Services and supersedes all prior agreements or understandings, oral or written,
between the .:Parties in this regard. '
"° ~ ' PRO ~ ~ ~ 9: WAGES {C ) (iManage Ap ~7~ 55) ~ ~
"' AL DESIGN SERVICES AGREEMENT -PREVAILING ty 009 ;
EE$SION ,
,,,
IN WITNESS WHEREOF; the parties hereto have executed this document the day., month and
year`first above written.
CITY OF PETALUMA CONSULT
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name: S:\CIP\WASTEWATER\G500205 -C StPump Station Upgrade\Agreemenu\PsomasU'DSA
8
PROFESSIONAL DESIGN SERVICES, AGREEMENT -PREVAILING WAGES (City) (iManage # 1037755) I 1
Apri1:2009
B.
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Name Ej~^.t~j ~~,g
Title
Address
GiJ~~~,~~~~ C~ ~ssst
City State Zip:
9~ a8~.,3~5~~
Taxpayer I.D.~;Number
Petaluma Business Tax Certificate Number
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. Exhibit "A"
PSOMAS
`C' STREET PUMP STATION UPGRADE
ENGINE-EKING 'SERVICES DURING CONSTRUCTION
SC®PE ,OF WORK Alm FEE ESTIMA'T'E
SCOPE OF WORK
The following engineering services shall be~~provided under this agreement by Psomas
(Consultant) .for the City of Petaluma:
• Task 1 Engineering Services During Construction
• Task 2 As-Built Drawings
Task 1-Engineering Services During Construction
Task 1 includes engineering; services during construction. Anticipated services are outlined
below:
• Psomas to finalize design documents and provide one (1) unbound copy of specifications
and front-end documents and' one (1') unbound copy of 1.1-.x 17 drawings for City
reproduction.
• Attend pre-bid conference, answer questions during bidding,. prepare materials. as
required for City to issue addendum, if required. Prepare conformed reproducible half
size and full size drawings: "
• Attend preconstruction meeting.
• Attend project status.meetings/site visits (estimated twelve), as required. Electrical sub-
contractor, ArcSine, shall attend project status meetings/site visits. (estimated four), as
required. Project site visits will observe construction progress and evaluate general
conformance with. the.Contract.Documents. Psomas shall notify City whenever any work
observed appears to be unsatisfactory; faulty, or defective and'shall advise City of any
required corrective action or special testing requirements.
• Coordinate with sub-consultants, architects; structural and electrical engineers for all
tasks in this section.
• Prepare responses fo requests for information by the Contractor at the request of'the City.
The responses prepared shall include.specifications and drawings, as required, to satisfy
information requests.
• ,. g q y the City. Change order
partition of chan a :orders when re ueste
• Ci pin pr ~ g
As ance rovided shall include'cost estimates' drawin s and/or specifications, as
asst tt
required, to support the change orders.
12
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~° I ~ I . R" y °'shop drawn"gs and ., ~ , fiance with the Contract
I~~~ o I ~ ubmittals for;l;compl y
' ~ !, ' Contractor s;~ ~ I I '
"'~ ~ Ddeuments, aril shall return each submittal within the number- of Ida s outlined witfiiri the
front-end when requested by'the City. Any City continents will. also be °ncorporated into
submittal review comments to lie `returned.
~ Participate in the final inspection and walkthrough the,pro~ect,m,the company of City
staff atahe completion of the ,project and'make~;recommendation,to City concerning the
acceptance of workdescribed in Contract Documents and prepare an itemized punch list
of deficiencies for City ;use.
. Provide neces co „ of salt with Ci ~ g , traction. This task shall.
• sary ordinon on.with Ci o~l'arifications,,and interpretations of the
include Psornas time^ao c Ty dune .cons
plans and specif cations., Provide: telephone consultation and other technical support
during construction, 'primarily to respond to ongoing inquires. by construction
management personnel:~~
Task'2 - As-Build Drawings
' ~ j p j p ~" ne reproducible half=
Prepare as-built drawings for,; the pro act at ro ,act con letion and ~ submit o
size and full=size set:to the City. City- shall provide hand marked up ;drawings of°the as-built
information for drafting. Field verification of as-built.markups provided is not included in the
work.
FEE ESTINIA~'E
ThP Pet mated. fee by .task i~ shown in the tahleihelow.
'; ,~ ,
i
il~.. i. i ~;,,, ~ a '
.; ,,i,
~,.~i~~ ,
14
" ~ ' ;
'~~~~i' ,~ ~~m ~~~
13 ~, ~,,
,, ~,
', u~
~ ,. equ p f ~ p _ ~ ~ ~ ' ena mileage costs.
1. Olhm Drcecl Coat IrlUUdes 515/hour ro~ GAD i ment, 5% marku on auDConwllaMS"miscellaneous e7Q)anses repreduCLOn,
2. Consultant ie3erves ht tumave funrm between taska:,, ,~
4, labor ~stara shown ror2010 for mdndrals who are antaa tad to work on the to Actual billin rates wiX be used.
5. Fee for ArcSine Ertgiheering Doty indudes work to finalizedeaign documents., Otharwork provided ~ ArcSine Engineering wll heprovided ma separate coritred wah the City.
i„ w
..
~ ,
PS
r ~~ ~ STAfVD'ARD BILL6NG'~ 1~-TES .~~° ~~
2010
,~ ~ ~ ~ ' . PR~OJ~ECT~ MANAGER ~~~ `, ~ . ".
OW, GREG. 195:00
VALLADAO; JEROlV1E 158.00
PROJECT ENGINEERS ~.;, '
MAIRE,:KURT" ~ 110.00
DRAFTERS ,. ,
WAGERMAN, DANIEL, ° „
HARRIS HEWLET'JERRY ~ 160.00
` 105.00
._
1NORD PROGESS:QR
LUEVANOS, IVIARIA° 85.00
~~:..
Other Direct Costs .include $15/hr CAD fee. for: drafting'hours; outside reproduction costs, mileage,
ltants~ and~othe ,_irect°cos
( ) p t marku on'subconsu r d_
five 5 erceri ' p „ ~ ts.
Consultan
t and .any subcontractor shall, not commence Ewa a h dand such gnsurance shall have b ant
shall have obtained all insurance required under 'this p g p - een
approved'fiy the City Attorney as to form and carrier aridahe City' Manager as to sufficiency; nor
y I u grnmence work on this contract or
~.
s a ~ ~ ~ ltant,^ and/or, subcontractor shall have
subContr ct I.m l all imilar insurancerreruired of the> Cons
been "so obtained and approved. All requ cements herein provided shall appear either in the body of
the insurance policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall , rocure anp maintam for g e ,dup tip rtyf the, contract , ael~noelnc ssary insurance
p e
againsf claims for in'unes to ersons; or ~dama es to roe , which ma ans ' or in :connection
with the performance of the work hereunder by thee. Consultant, the Consultant's agents,
representatives, employees,or subcontractors:.
A. 1Vlinimum Scope of Insurance
.Coverage shall be at 1"east; as broad' as:
1. .Insurance Services„Office Commercial General Liability coverage:
a. Personal' injury;
b. Contractual liability,.
o)
2. Insurance Servlces•Office form-covenng.Automoblle Liability, code 1 (any aut
3. Workers' Compensation insurance as required by •the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance:
g may be''required by' the City prior to
5. Such other insurance covera es~ and limits .as '
execution ofthis agreement.
,,
,i,~,
~ ,w~qD;
. B. 1Vliniffium Limits ~of lnsuraatce
Consultantshall maintatn~limits no;;less than; .
1. General Liability: $2,000.,000 per occurrence "for bodily injury, personal injury and
property damage. IfCommercial. General Liability Insurance. or other form with a
eneral a ate Ia
g y ~ this pro~ect%location.or ther neg eneral aggregate limit shall apply
,. II 1s
separate a used - g 1 aggregate ..limit shall be twice the
I to~
~~ " ' required:, occurrence limit.
"' ~ bodil" °in u an
2. Automobile Liability: $1,0OO;OQO' per accident for y j ry d property
damage. '
3. Employer's Liability' Bodily Injury by.Accdent - $1;0.0,0,000 each accident.
Bodily Injury by Disease; _ $ T,000,OOO policy limit.
~~ ~ ~ ~ Bodily Injury, byDisease= $1,000,000 each employee.
4. Professional Liability insurance: $1,000;00.0.
5: :Such other ;insurance coverages and limits as may be required by the City prior to
. ~
execution of~tliis a Bement.
~, V .
Exhibit.B2
~~ ~ ~ ~ ~. ~ Pa e T oft
,, ,~_~ ~~ .~ g 15
',
INSURANCE REQUIREMENTS -CITY .
March,2003
'' ~ j ~. I ~~~~ -
i ~
i~.
.~ . ~ ~ ~ C:: Deducts ` ~.. -,. ~~- ~ „` , i o
b es and Self I ;
s°
1 nsured Retention:
_.
Any deductibles of self Insured retentions must be declared to and approved by the City: At
the ~ r , ~ r ~~ p Y ch de uctibles or self-
option of the City,, either: then Insurer shall reduce or ehmmate s d
~; , - tendons hall eSp ocurehea ""bonds ~~aranteeinf cialay em to gees, and volunteers; or
- theurConsul'tant _ _ p ~ gu g p" merit " "'f losses and° related
"~ investigations, claim administration and defense expenses.
ID. ®tlierImsurance Provisions
The required general. liability and automobile policies. -are to contain, or be endorsed to
contain the following, p"rovisoris;
1. The City; its officers; officials, 'employees; agents and'volunteers•are to be covered as
insureds,'ias respects 'labihtyd rcom leted f activities performed by or on behalf of
the Consultant;,: , roducts an 'gip ;'operations' Hof the Consultant; premises
P
owned; occupied or used. by thee Consultant; or automobiles owned; leased, hired, or
borrowed by'the "Consultant, The coverage shall. contain rio special .limitations on the
scope of protection afforded to .the City, .'its officers, officials; employees, .agents or
y ~ d to this pro ect, "the Consultant. s insurance coverage shall be
2. Foruari a clalrlis relate, j '~~
primary insurance' "as respects the City; 'its officers„ officials;:. employees, agents and
y ' nsurance ;maintained by the City, its officers,
volunteers. An. insurance or self: i
be ess of the Consultant's
officials; employees,, oagents - or volunteers shall ~ exc
hall no
y p g .provisions of'the "policies, including
3. iAn failuretos comply with be tortin ~ or other
breaches of warranties shal'1„not affect, coverage provided. to the City, ifs off cers,
officials," em to ees, a ents or vo unteers
' p ~ Y g el tq "each insured a amst whom
The Consultants s insurance shall- a h se arat
4. ~`~ ~ PPY~ P ~ Y~.~~~ g,' .
_,~, ,
- claim is`';inade or 'suit; is" brougli't"except; with. respect to ~ the lrmits of the insurer's
tY at coverage
liabili p y q Y , ,~
5. Each insurance olic re uired b this clause shall be~endorsed to state th
shall "not:' be" suspended, vo>ded, canceled, .by either party, reduced, ~n coverage or in
limits exce t after tin " ~ 3'0 ~ d~a ~s', nor. wi7tten notice,' b` certified mail, return
p _ rty ~ ) y~ P ~ ~ Y
receipt requested,.has'been given to the City.
P h'°
ce tabill of,Insu~ers - NI: -Bes
' nsurers ~ ~in of no less'' "thane
thi tsrat
~ nsurance is .to be placed w with: a current A. ~ ~~ ' g
;A:YII.
Verificahon off' overage
F. C
Consultant shall ,furnish the .City with original :endorsements effecting 'coverage required by
this":clause. "Thee endorsements are to be signed.. by ~a personiauthori"zed by That insurer to bind
coverage on 'its. behalf The endorsements are- to be on forms provided. by the- City. All
endorsements are to,.be rece+ued acid appsultant's irisureir mafore work commences. As an
alternate owed by y
e to the City s, forms, the Con,' -~ ° ~ ` '`' y provide complete, certified
copies of 'all required insurance policies, including, endorsements effecting the coverage
required by the -City:
Extiibit.B2
Page 2 oft
1,6
Q TY
INSURANCE RE, UIREMENI S - CI i
March 2003' ,,
'~ ~ ~ ~~
„ ,. ~~~ ~ Y
~ ~ ~ ~~ h ~' ~~~ ~ ~~
. ~
EX1~I~T'~' C
HOURS OF WORK:
A. In accordance with California-Labor Code Section 1$10, 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.n 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 1.8;1,5; which provides that. work,:in excess of eight,hours
during any one calendar day and forty hours during any one~calend~ar week is permitted
upon compensation for all hours worked n~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 hall forfeit as a penalty tb 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 morethan forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 18,10 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 putl'shed 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 madeavailable' on request. The Consultant and
subconsultants engaged iri 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 pay"s,less tharrthe specified
prevailing wage.. 'The amount ofsuch: penalty shall. be determined by the'Labor
Commissioner and shall be based on consideration.ofthc 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.; Consulfan't or subconsultant it meeting .applicable
prevailing wage obligations, or the willful- failure by .the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake,.inadverterice; or neglect in :failing
to pay the correct,rate of prevailing wages is not excusablefthe Consultant or
subconsultant had knowledge of their obligations under the California Labor Code. The
,~
Provisions~Requred Pursuant to California Lab"or Code§'1720 et seq..
Services Agreement -:Prevailing Wages (City) (Sept. 2007):(iManage # 1'037720) 17
i ~ ~,lv ~ ~'a 5, a I i ii
~ ~ ~ ~ '~
een-.the' ' revailin ~ wa a rates
~tw
':Consultant or sulconsultant shall. pay the difference be".. _ _ p S g
worker for each cal
and the.:amount aid` .:+ .
' the' revaing wendar day~or portion thereoffor which
ubconsultant worker
p aerate If a,s
p g
p
each worker was aid' le eneral revathn er diem wa es
g g p hang
e S is not paid the,ig p g.p g
ervnces _
en a ed in erformance of th
by the subconsultant,~the Consul~~tant 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: "
between the. Consultant and the subconsultant for the
1. The Agreem"ent,executed '
performance°.of part of the S°ervice"s shall include a copy of the provisions of
California Labor Code:Secf' 6, T777:5, 1813,-and 1815.
ions 1771, 1`77,5, 177
2. Thee Consultant shall''montor`pay'mentof the~specified `general prevailing rate of
:per diem wages; by the subconsultant by periodic review of the subconstxltant s
certified payroll records.
3. U on ~ ti ~'
nnsultant"s failure`to°pay the specified
p ,"becoming aware of a subc
prevailing rate of wages,. the Co ,'sultarit'sha11' 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 subconsul'tant, the Consultant shall obtain an
affidavit signed' 'under penalty ~ofperJury fro''m~theasubconsultant that the
subcorisultant has paid the specified general pre ailing,rate of per diem'wages
employees~engaged: in the ,performance of the Services and any amounts due
p ~ 813..
ursuant "to California Labor Code Sectional"
C. Iri accordance with California Labor Code Section" 1,726, the Consultant and each
ance of the Services, shall'keep accurate payroll records
g g. p
showinsutlltlannaenme addresseso~
u y ber, work classificationges paid to each
g 1 security num the'actuaL~per diem way straight time and
overtime hours worked'each da ,and week, and
"I
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
•ng:
is made under penalty of penury, stating `both of the'follown
~,
1. The"information"contained in the payroll record is°true and correct.
2: The employer has. complied with the requirements of Sections 1.771, 1811, and
181"S;for any Servces,;,performed by the employer's-employees on the public
works project.
'The, payroll records required pursuant to California Labor•~Gode Section 1776 shall be
certified and,shall be available.for inspection by the Owner and its.authorized
representatives, ~ abor Standards ~Enfo
the~Diviston of De artment of Indusrcement, the Division of
pp p ~~ p trial Relations and shall otherwise
A reriticeshi Standards of "the
be available for inspection in accordance with Califomia Labor Code Section 1776.
2'
,•. Priivis~ons;Required;Bursuant to California Labor Code § 1720 et seq.
Agreement -Prevailing Wages (city) (Sept. 200?) (iManage #1037770)
Services
1$~' . ~~
~~ ,
i~
,,,,.
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 S'erv'ices 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 rriiriimum'wage rate has beeri;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.
51e name: S:\CIP\WASTEWATER\C500205- C',SS Pump,Stafion UpgradeWgreements\Psomas~Exhibit C
(1778238
Provisions Required Pursuant to California,Labor Code § 1720'et,seq.
Services Agreement -Prevailing Wages (City) (Sept. 2007) (iManage #11037770) 19
'`C" STREET PUMP STATION UPGRADE PROJECT
;. ~: ~.
PROJECT N~O. C~005002~0~5
LOCATfO"N MAP''
9
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2
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