HomeMy WebLinkAboutStaff Report 4.F 06/01/2015DATE: June 1, 2015
Agenda Item #4.F
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: DanS . Jo CE — Director, Public Works and Utilities
Larry ' er, P.E. — Deputy Director, Public Works and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Soil Assessment Services for the Petaluma Boulevard 12" Water
Main Replacement and. Petaluma Boulevard South Sewer Trunk Main Projects
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute a Professional Services Agreement for Soil Assessment Services for the
Petaluma Boulevard 12" Water Main Replacement and Petaluma Boulevard South Sewer Trunk
Main Projects.
BACKGROUND
The Water Main project will replace old, deteriorated, and undersized water mains with new
polyvinyl chloride (PVC) 12" water mains, and add water services, fire services, and fire
hydrants to reduce maintenance costs and improve fire. flow. Additionally, the project will allow
existing buildings in the downtown business district to install automatic fire sprinklers. The
Sewer Trunk Main project will address undersized multiple parallel sewer mains as well as
severe infiltration and inflow (I&I) problems on this main trunk sewer line. The system in the
southwest portion of the City is vitrified clay pipe (VCP) which, due to its age and fragility, is
cracked and broken. This project will replace the existing pipes with an appropriately sized trunk
main. It will reduce the possibility of future failures and infiltration and reduce maintenance
costs. This project is expected to reduce the risk of sanitary sewer overflows (SSOs) during
heavy rainfall and flooding events.
DISCUSSION
City staff are currently designing the Petaluma Boulevard 12" Water Main Replacement Project
from Lakeville Street to B Street, and the Petaluma Boulevard South Sewer Trunk Main Project
from G Street to Mountain View including a portion of 2°d Street. A preliminary soil assessment
should be completed, to determine soil types and contaminants that may be encountered during
construction of the water and sewer main trench. The data collected will then be utilized to apply
for written acceptance from appropriate disposal facilities for the excavated soils. The pre -
construction soil assessment is intended to reduce time delays and extra costs during
construction.
The Public Works and Utilities Department solicited proposals for pre -construction soil
assessment from three consulting firms. The City received, and ranked two proposals. Based on
qualifications and experience, staff recommends Edd Clark and Associates, Inc. of Rohnert Park
to complete the work.
Edd Clark and Associates, Inc. provided the most comprehensive proposal, which illustrated
their experience within the area. Edd Clark and Associates, Inc. have extensive experience in soil
assessment and removal in Sonoma County, and their hourly rates are consistent with other firms
the City has hired. The proposed scope of work is included in Attachment 2.
The proposed action meets Council Goal: "Plan for and implement priority capital projects as
funding permits."
FINANCIAL IMPACTS
The services proposed under this Professional Services Agreement for soil assessment services
will be performed on a time and materials basis, not to exceed $176,322.08. The planning,
environmental and design budget for the water main project is $260,000, not including the soils
assessment, with a total project budget of $4,636,000. The sewer main project has $196,000
budgeted for planning, environmental and design with a total project budget of $3,113,000.
Individual project funding comes from Water Capital, and Waste Water Capital, Funds.
ATTACHMENTS
1. Resolution
2. PSA Agreement
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Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
SOIL ASSESSMENT SERVICES FOR THE PETALUMA BOULEVARD
12" WATER MAIN REPLACEMENT AND PETALUMA BOULEVARD SOUTH
SEWER TRUNK MAIN PROJECTS
WHEREAS, the City of Petaluma wishes to design and construct the Petaluma
Boulevard 12" Water Main Replacement and Petaluma Boulevard South Sewer Trunk Main
Projects; and
WHEREAS, staff recommends a soil assessment consultant to provide pre -construction
soil assessment to reduce time delays and extra costs during construction; and
WHEREAS, the City of Petaluma circulated a Request for Proposals and two (2)
proposals were received; and
WHEREAS, the proposals were reviewed and evaluated and Edd Clark and Associates,
Inc. of Rohnert Park was selected as the consultant for both projects; and
WHEREAS, Edd Clark and Associates, Inc.'s ability to produce quality work on soil
assessments has been demonstrated in other Northern California municipalities; and
WHEREAS, staff recommends the City execute a professional services agreement with
Edd Clark and Associates, Inc. for soil assessment services in order to complete construction
plans for the Petaluma Boulevard 12" Water Main Replacement and Petaluma Boulevard South
Sewer Trunk Main Projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute the attached Professional Services
Agreement for soil assessment services with Edd Clark and Associates, Inc. in the amount not to
exceed $176,322.08.
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Exhibit 1
PROFESSIONAL SERVICES AGREEMENT
PRE -CONSTRUCTION SOIL ASSESSMENT
FOR
PETALUMA BOULEVARD 12" WATER MAIN REPLACEMENT AND PETALUMA
BOULEVARD SOUTH SEWER TRUNK MAIN
(Title of Project)
FY 15/16
Fund #
Cost Center 30300
Object Code 54110
Project # C67501304 Amount $30,000.00
For multi-year contracts or contracts with
multiple accounts:
FY 15/16
Fund #
Cost Center 30300
Object Code 54110
Project # C66401314 Amount $20,550.47
FY 15/16
Fund #
Cost Center 30300
Object Code 54110
Project # C66401314 Amount $125.771.61
FY
Fund #
Cost Center
Object Code
Project # Amount $
FY
Fund #
Cost Center
Object Code
Project # Amount $
FY
Fund #
Cost Center
Object Code
Project # Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and Edd Clark & Associates hie., a
envi omnental consultant ("Consultant") (collectively, the "Pat -ties").
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 $176,322.08 (One Hundred Seventy-six Thousand
Three Hundred Twenty-two Dollars and Eight Cents) 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
PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES
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Department a current W-9 form available from the IRS website (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate,
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 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; IndeLiendent 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 wider 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.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
etTect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
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PROFESSIONAL SERVICES AGREENIEN F- PREVAILING WAGES
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9. Inspection Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
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.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, irm-nediately 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 pennits 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 perforin 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.
PROFESSIONAL SERVICES AGREEMENT- PREVAILING WAGES
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16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of perfon-nance of the Services without the prior written consent of City -
Any such subcontractors shall be required to comply, to the ftill 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.
17. Com]2liance 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
laxv(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 el 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 Wade Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8,36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit P, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this 'Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
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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,
(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.petaluniaca.us
And:
Dan St. John, FASCE
City of Petaluma
202 N. McDowell Blvd
Petaluma, CA. 94954
Phone: 707-778-4546
Fax. 707-206-6034
Email. publieworksodci.petalumacaus
Consultant: John Calomiris
Edd Clark & Associates„ Inc.
P.O. Box 3039
Rohnert Park, CA. 94927-3039
Phone: 707-792-9500
Fax: 707-792-9504
Email: corymailCy ec.aeriviron.com
22. Ownershil! of Doenments. 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.
21 ]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
PROFESSIONAL SERVICES AGREUNICNIU— FRFVAILINIG WAGES
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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
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the, Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended fi-om 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
arldbit, e.&, "B-1, "' "B-2, " "B-3, " or -B-4.
25. Amendment. This Agreement may be amended only by a written instrunient executed
by both Parties,
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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 Patties 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.
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 Ml force and effect.
31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to ere -ale any benefit or right in any third party.
32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to con-unencing, 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 mi ' nimum 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 ibis Agreement.
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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.
34. Readings. The headings used in this Agreement are for convenience only and are not
intended to atTect 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 Pat -ties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
F.-T222mam
CONSULTANT
9
By
Title
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Address
4flead _r, tic "'Iq q q
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
PROFESSIONAL SERVICES AGREEMENT- PRrVAILING WAGES
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Finance Director
file, name:
PROrESSIONAL SERVICES ACAREEMENY— PREVAILING WAGES
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PRE -CONSTRUCTION SOIL ASSESSMENT
FOR
PETALUMA BOULEVARD 12" WATER MAIN REPLACEMENT
AND PETALUMA BOULEVARD SOUTH SEWER TRUNK MAIN,
Scope of Work
This proposed scope of work is for two separate projects within the City of Petaluma. The
Consultant will manage and perform the proposed work as generally outlined below for each
individual project.
Petaluma Boulevard 12" Water Main Replacement
Summary
A preliminary soil assessment will be completed by the Consultant to determine soil types and
contaminants that will be encountered during the trenching of a 12" water line replacement on
Petaluma Boulevard North (between Lakeville Street and B Street.) The proposed project
pipeline alignment is shown in Figure I on page 5 of Exhibit A. The data acquired will then be
used to apply for written acceptance from appropriate disposal facilities for the excavated soils,
The Consultant will conduct the pre -construction soils assessment to address soil conditions
beneath the project alignment. Consultant wifl review environmental records of the area and any
available information in City files, as deemed necessary. The Consultant will investigate the
area and review available environmental information on GcoTnackcr and develop a work plan.
Consultant will submit the work plan to the County of Sonoma Department of Health Services
(CSDHS) describing the specific design and work to be conducted.
The Consultant has calculated that approximately 2,000 cubic yards (cy) of soil (approximately
3,000 tons), including a fluff factor 01,000' L x, 2' W x 5' D [9' at the Western Ave., Prospect
St., and Kent St. intersections]/27 x 30%], will be generated during the utility trenching for the
12" water main. Of the approximately 2,000 cu yds of soil generated from trenching activities, it
is estimated that —400 cu yds will be roadway material assuming that non-native inaterit7ils extend
to one foot below ground surface (bgs).
The Consultant will characterize the utility trench soil for acceptance at Sonoma County Central
Landfill, Waste Management's Redwood Landfill (both Class III landfills), and Waste
Connection's Potrero Hills Landfill (Class 11 landfill),
Proposed Scope of Work
Task 01. Work Plan Preparation, Permitting, Pre -field activities and Project Mi I anagement
The Consultant will provide a thorough review of environmental records (local agencies and
Geotracker) and any available information in the City files for the, proposed pipeline alignment.
The file review will help to evaluate the soil conditions encountered beneath the project
alignment and therefore more accurately assess where to locate the borings for soil
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characterizations.
Consultant will prepare a project alignment specific work plan. The work plan will have a health
and safety plan and a (hitting permit application attached. All of the documents will be
submitted to CSDHS for review. Prior to drilling, an encroachment permit will also be obtained
from the City of Petaluma.
Once the Consultant has acquired the drilling permit from CSDHS and encroachment permit, the
investigative boring locations will be marked with white paint along the project alignment. USA
will be called by the Consultant within a minimum of 48 hours in advance of scheduled drilling
to mark public unities. The Consultant will provide traffic control onsite during field work to
ensure the safety of all personnel along the project alignment. The Consultant will submit the,
traffic control plan to the City for review at least 5 days prior to starting work.
Task 02: Soil Boring Investigation
Consultant will oversee two full days of drilling and will conduct the sampling and logging of 9
investigative borings (B-2 through B-8, B-10 & B-11) to 5 feet below ground surface (bgs) and 2
investigative borings (B- I and B-9) to 9 feet bgs (proposed trench is planned to be deeper at
three Petaluma Boulevard North intersections: Western Ave., Prospect St, and Kent St.), for a
total of I I investigative boings along the project alignment (See Figure 1). From B-5 through 13-
9 investigative borings, Consultant will collect I four -point lab composited Soil sample and from
B- I through B4 and B-10 and B-11, Consultant Nvill collect 2 two-point lab composited samples
from each boring to be composited into three 4 -point lab composited samples (13-19B-2, B-3fB4,
and B10/1311).
If groundwater is. encountered, samples will be collected by the Consultant and analyzed.
Task 03: Soil Sample Anal is
The soil from the I I investigative borings representing approximately 2,000 cy (3,000 tons) and
potential groundwater samples will be analyzed by the Consultant for constituents needed for
"clean" disposal acceptance (per Central Landfill), which encompasses Class 11 and III disposal
requirements for acceptance as well. Those, analyses are TPH multi scan with silica get clean-up
by Method 801513, Organic Lead by Method HML 939-M, volatile organic compounds (XIOCs)
by Method 8260 (BTEX, oxygenates included [NITBEI), PCBs by Method 8080, Phenols by
Method 8270, CAM717 Metals by Method SW6020, and RCI by SW -846 all on standard 5 day
turnaround.
Task 04: Investigation Derived Waste Disposal
Soil cuttings and equipment decontamination drums will be transported to the City corporation
yard by the drilling contractor for temporary storage pending receipt of analytical results.
Approximately four 55 -gallon drums of waste will be generated (3 soil and I wash/decon water).
After reviewing the laboratory reports from the investigative boring samples, the Consultant will
coordinate the drum disposal with a licensed hazardous waste disposal contractor.
Task 05: Disposal Pre -Approval Packages
Consultant will review the investigative boring soil sample analytical data with regards to
EXHIBUF A
Page 2 of 14
14
landfill approval criteria. Consultant recommendations of where which portions of the project
alignment should be disposed of will be provided to the City. When disposal locations have
been decided upon, the Consultant will prepare and send a letter, landfill application (to be
signed by the City project manager), table of analyses, and a map showing the proposed trench
soil for disposal to each of the selected facilities for solicitation of approval.
Additionally, the Consultant will prepare a document listing non-native stratigraphy so that the
City can estimate non-native materials (concrete, base rock, asphalt, etc.) and general
information in regards to the soils encountered during drilling (in lieu of drafted boring logs).
Task 06: Sunni W Report
Following the, completion of the sod boring investigation, stumnarizing of analytical data,
disposal of investigation derived waste., and approval from landfills, Consultant will prepare a
written summary report. The report will include a non-native stratigraphy summary, a
description of the work performed, an evaluation of laboratory analytical results and conclusions
and recommendations, as applicable.
The report will be provided to the City of Petaluma within approximately two weeks of receipt of
the analytical results and landfill approvals. The Consultant will also provide a copy of the
summary report to CSDHS and electronically submit it to GeoTracker.
Schedule
Consultant shall schedule the soil and groundwater investigation to begin within 3 to 4 weeks of
a signed contract.
Compensation
Compensation shall be based on actual time and materials expended to complete each of the
project tasks. Total compensation for any task shall not exceed the total amount indicated for that
task without prior written approval from the City,
EXHIBIT
Page 3 of 14
15
FEE ESTIMATE —12" Water Main Replacement
Task 01 Work Plan Preparation, Permitting, Pre -field Activities,
and Project Management
Labor $ 3,637.00
Permits $ 1,063.00
Subtotal S 4,700.00
Task 02 Soil Boring Investigation
Drilling Contractor (Clear Heart Drilling, Inc.)* S 5,784.00
Traffic Control (Statewide Safety)* $ 3,080.00
Labor S 2,570.00
Materials/Equipment S 866.00
Subtotal $12,300.00
*subcontractor cost includes prevailinge wage
Task 03 Soil Sample Analysis
Lab Tests $ 4,100.00
Subtotal S 4,100.00
Task 04 Investigation Derived 'Waste Disposal
Labor S 200.00
Materials/Equipment $ 205.00
Waste Disposal 8 595.00
$ 1,000.00
Task 05 Disposal Pre -Approval Packages
Labor S 2,500.00
Subtotal S 2,500.00
Task 06 Summary Report
Labor S 2,100.00
Subtotal S 2,100.00
Contingency $ 3,300.00
0111VIERim 1 11 171l li I � ,
f'F - X U11171
• All subcontractor markups are 10% and we included in costs presented aboxv
• Additional subcontractor costs will be charged at cost plus 10%
• Additional sample analyses: standard laboratory turn -around -time of five working days at current laboratory
fees plus 10% markup
• Consultants current labor and equipment rates have been included as part of this Exhibit
EXHIBIT A
Page 4 of 14
16
—r4v-m - v cgs;,
SITE LOCATION MAP
Uill, Proposed z Botino L FIGURE
Z, ocalions I
4 Petaluma Olvd N Cooridor
Pecalums, Califemia,
EXHIBIT A
Page 5 of 14
17
Petaluma Boulevard South Sewer Trunk Main
Summary
A limited and full pre -construction hazardous materials investigation will be conducted along
Petaluma Boulevard South between E Street and Rovina Lane to determine soil types and
contaminants that will be encountered during the trenching of the sewer trunk main. The
proposed project alignment and borings are shown on Figures 2 and 3 on pages 9 and 13
respectively of Exhibit A. The data acquired will then be used to apply for written acceptance
fi-om appropriate disposal facilities for the excavated soils.
The proposed limited pre -construction hazardous materials investigation will be conducted prior
to the full investigation in order to provide enough data that the City can use to accurately assess
the potential disposal costs during construction. Additionally, the limited investigation work
may provide data that will reduce the scope of work required for the full investigation.
The Consultant has calculated that approximately 14,000 cubic yards (cy) of soil will be
generated from trenching activities for the sewer trunk project. The volume of soil includes a
fluff factor of 30% and was calculated using the fallowing formula: 5,000' L x 4' W x 14.5, D
[ 13+16/2]/27 x 30%. Of the approximately 14,000 cy of soil generated from trenching activities,
it is estimated that 1,000 cy will be roadway material assuming that non-native materials extend
to one foot below ground surface (bgs).
The Consultant will characterize the trench soil for acceptance at Republic Services' Sonoma
Count);, Landfill (formerly Sonoma County' Central Landfill, Class IH), Waste Management's
Redwood Landfill (Class III landfill), and Waste Connection's Potrero Hills Landfill (Class 11
landfill).
L1111itedPre-Construction Hazardous Materials Investigation
Task 01: Work Plan PEeparation, Permitting, Pre -field Activities, and Project Management
Consultant will provide a thorough review of environmental records (local agencies and
Geotracker) and any available information in City files for the project alignment. The file review
will help to evaluate the soil conditions encountered beneath the project alignment and therefore
more accurately assess where to locate the borings for soil characterization,
Consultant will prepare a project alignment specific work plan. The work plan will have a health
and safety plan and a drilling permit application attached. All of these documents will be
submitted to the CSDHS for review. Prior to drilling, an encroachment permit will also be
obtained from the City of Petaluma.
Once the Consultant has acquired the environmental assessment drilling permit (the same permit
can be used to perform subsequent work) from CSDHS and the encroachment permit, the boring
locations will be marked along the project alignment. USA will be called by the Consultant
within a minimum of 48 hours in advance of scheduled drilling to mark public unities. The
Consultant will provide traffic control onsite during field work to ensure the safety of all
EXHIBrr A
Page 6 of 14
[E
personnel along the project alignment. The Consultant will submit the traffic control plan to the
City for review at least 5 days prior to starting work.
Task 02: Soil Boring Investigation
Consultant will oversee 2 seven -hour days of direct -push drilling with a 6600 Geoprobe rig and
will conduct the sampling and logging of 1 I borings predominately along the eastern portion
(river side) of the project alignment: B-1 through B-4 to 16 feet bgs, B-5 through B-7 to 15 feet
bgs, B-8 through B-10 to 14 feet bgs, and B-11 to 13 feet bgs. From B-1 through B-11,
Consultant will collect 4 discrete samples from each boring, the 4 samples from each boring will
be lab composited into a four -point samples set which will represent the full length of each
boring. Proposed boring locations are shown on Figure 2 on page 9 of Exhibit A.
If groundwater is encountered, samples will be collected by the Consultant and analyzed.
Task 03: Soil Sample Analysis
The soil samples collected from the I1 borings and potential groundwater samples will be
analyzed by the Consultant for constituents known to be in the project alignment and also as pre-
cursers for disposal acceptance. These analyses are TPH multi scan with silica gel clean-up by
Method 801513, volatile organic compounds (VOCs) by Method 8260B (BTEX, oxygenates
included [MTBE]), and LUFTS Metals by Method 200.8. All samples will be analyzed on
standard 5 day turnaround.
Task 04: Investigation Derived Waste Disposal
Soil cuttings and equipment decontamination drums will be transported to the City corporation
yard by the drilling contractor for temporary storage pending receipt of analytical results.
Approximately three 55 -gallon drums of waste will be generated (I soil and 2 washfdecon
water). After reviewing the laboratory reports from the samples collected from the borings, the
Consultant will coordinate the drum disposal with a licensed hazardous waste disposal
contractor.
Task 05: Summary Report
Following the completion of the soil boring investigation, summarizing of analytical data,
disposal of investigation derived waste, Consultant will prepare: a written summary report. The
report will include results of the environmental research, description of the work performed
including field observations, permits, an evaluation of laboratory analytical results, a non-native
stratigraphy log, disposal information, and conclusions and recommendations, as applicable.
The report will be provided to.the City of Petaluma within approximately two weeks of receiving
the analytical results. A copy of the summary report will also be provided to the CSDHS.
Compensation
Compensation shall be based on actual time and materials expended to complete each of the
project tasks. Total compensation for any task shall not exceed the total amount indicated for that
task without prior written approval from the City.
EXHIBIT A
Page, 7 of int
19
FEE ESTIMATE — Limited Pre -Construction Investigation
Task 01 Work Plan Preparation, Permitting, Pre -field Activities,
and Project Management
Labor $ 4,270.26
Permits S 552.00
Subtotal S 4,822.26
Task 02 Soil Boring Investigation
Drilling Contractor (Clear Heart Drilling, Ine.)* $ 3,856.60
Traffic Control (Statewide Safety)* $ 2,970.00
Labor $ 2,300.51
Materials/Equipment $ 846.00
Subtotal S 9,973.11
4subcontmetor cost includes prevailing wvage
Task 03 Soil Sample Analysis
Lab Tests 2,492.60
Subtotal $ 2,492.60
Task 04 Investigation Derived 'haste Disposal
Labor S 297.00
Materials/Equipment $ 418,00
Waste Disposal S 346,50
S 1,061.50
Task 05 Summary Report
Labor S 2,201.00
Subtotal $ 2,201.00
TOTAL ESTIMATED PROJECT TOTAL ,0 550.47
a All subcontractor markups are 10% and are included in costs presented above
o Additional subcontractor costs will be charged at cost plus I0%
® Additional sample analyses: standard laboratory turn -around -time of five Nvorking days at current laboratory
fees plus 10% markup
Consultants current labor and equipment rates have been included as part of this Exhibit
EXHIBIT A
Page 8 of 14
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Full Pre-C`onstruction Hazardous Materials Investigation
The Consultant will not start work on the Full Pre -Construction Investigation until given written
authorization by the City's Project Manager.
Task 01: Work Plan Preparation, Permitting, Pre -field Activities and Project Management
The Consultant will provide a thorough review of environmental records (local agencies and
Geotracker) and any available information in City files for the project alignment. The file review
will help to evaluate the soil conditions encountered beneath the project alignment and therefore
more accurately assess where to locate the borings for soil characterization. The Consultants
proposed -boring locations are based on the knowledge gained from previous project sites within
and/or nearby the project alignment, a brief review of leaking underground storage tank (LUST)
facilities within the vicinity, and amount of soil samples required to cover appropriate cubic
yardage for landfill approval per the County of Sonoma's current requirements,
Consultant will prepare a project alignment specific work plan. The work plan will have a health
and safety plan and a drilling permit application attached. All of these documents will be
submitted to CSDHS for review. Prior to drilling, an encroachment permit will also be obtained
from the City of Petaluma.
Once the Consultant has acquired the drilling permit fi-om CSDHS and encroachment permit, the
investigative boring locations will be marked with white paint along the project alignment, LISA
will be called by the Consultant within a minimum of 48 hours in advance of scheduled drilling
to mark public unities. The Consultant will provide traffic control onsite during field work to
ensure the safety of all personnel along the project alignment. The Consultant will submit the
traffic control plan to the City for review at least 5 days prior to starting work.
Task 02: Soil Boring Investigation
Consultant will oversee 10'seven-hour days of direct -push drilling with a 6600 Geoprobe rig and
will conduct the sampling and logging of 70 borings predominately along the eastern portion
(river side) of the project alignment: B-1 through 8-19 to 13 feet bgs; 13- 19th B-36 to 14
feet bgs, B-37 through B-54 to 15 feet bgs, and B-54 through B-70 to 16 feet bgs. From B-1
through B-70 borings, Consultant will collect 2 four -point lab composited samples from each
boring. Proposed boring locations are shown on Figure 3 on page 13 of Exhibit A.
If groundwater is encountered, samples will be collected and analyzed.
Task 03: Soil Sample Analysis
The soil samples collected from the 70 borings and potential groundwater samples will be
analyzed for constituents needed for "clean" disposal acceptance (per Central Landfill), which
encompasses Class II and HI disposal requirements for acceptance as well. These analyses are
TPH multi scan with silica gel clean-up by Method 801513, Organic Lead by Method HIVIL 939-
M, volatile organic compounds (VOCs) by Method 8260 (BTEX, oxygenates included [MTBE]),
PCBs by Method 8080, Phenols by Method 8270, CAM 17 Metals by Method SZV6020, and RCI
by SW -846. All samples will be analyzed on standard 5 day turnaround.
EXHIBIT A
Page 10 of 14
Task 04: Investigation Derived Waste DiVosal
Soil cuttings and equipment decontamination drums will be transported to the City corporation
yard by the drilling contractor for temporary storage pending receipt of analytical results.
Approximately five 55 -gallon drums of waste will be generated (I soil and 4 wash/decon water).
After reviewing the laboratory reports from the samples collected from the borings, the
Consultant will coordinate the drum disposal with a licensed hazardous waste disposal
contractor.
Task 05: Disposal Pre -Approval Packages
Consultant will review the boring soil sample analytical data with regards to landfill approval
criteria. Consultant recommendations of where which portions of the project alignment should
be disposed of will be provided to the City. When disposal locations have been decided upon, the
Consultant will prepare and send a letter, landfill application (to be signed by the City project
manager), table of analyses, and a map showing the proposed trench soil for disposal to each of
the selected facilities for solicitation of approval.
Additionally, the Consultant will prepare a document listing non-native stratigraphy so that the
City can estimate non-native materials (concrete, base rock, asphalt, etc.) and general
information in regards to the soils encoumered during chilling (in lieu of drafted boring logs).
Task 06: StLipmM Rgoi t
Following the completion of the soil boring investigation, summarizing of analytical data,
disposal of investigation derived waste, and approval from landfills, the Consultant will prepare
a written summary report. The report will include results of the environmental research,
description of the work performed including field observations, permits, an evaluation of
laboratory analytical results, a non-native stratigraphy log, disposal information, and conclusions
and recommendations, as applicable.
The report will be provided to the City of Petaluma within approximately two weeks of receipt of
the analytical results and landfill approvals. A copy of the summary report will also be provided
to the CSDHS and electronically submitted to GeoTracker,
Schedule
The Consultant anticipates commencing the proposed limited pre -construction hazardous
materials investigation within 3 to 4 weeks of a signed contract. The schedule for the proposed
full investigation will be detennined after the limited investigation is completed,
F-XHIBrr A
Page I I of 14
23
FRE ESTIMATE — Full Pre -Construction Investigation
Task 01 Work Plan Preparation, Permitting, Pre -field Activities,
and Project Management
Labor S 4,513.26
Permits S 552.00
Subtotal S 5,065.26
Task 02 Soil Boring Investigation
Drilling Contractor (Clear Heart Drilling, Inc.)* $21,892.40
Traffic Control (Statewide Safety)* $14,850.00
Labor S 9,629.55
Materials/Equipment S 3.180.00
Subtotal $49,551.95
*subcontractor cost includes prevailing wage
Task 03 Soil Sample Analysis
Lab Tests $64,034.90
Subtotal $64,034.90
Task 04 Investigation Derived Waste Disposal
Labor $ 297.00
Materials/Equipment S 418.00
Waste Disposal S 522.50
S 1,237.50
Task 05 Disposal Pre -Approval Packages
Labor 3.436.00
Subtotal $ 3,436.00
Task 06 Summary Report
Labor $ 2,446.00
Subtotal $ 2,446.00
TOTAL ESTIMATED PROJECT TOTAL 5125.771.61
® all subcontractor markups are 10% and are included in costs presented above
• Additional subcontractor cosi will be charged at cost plus 101%
® additional sample Analyses: standard laboratory turn -around -time of lig,>e working days at current laboratory
fees plus 10% markup
e Consultants current labor and equipment rates bave been included as part of this Exhibit
EX111131T A
Page 12 of 14
24
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Attachment E
Edd Clark & Associates, Inc.
EC&A has designed a schedule of charges to be competitive with current market conditions and
fees demanded by competitor firms. The fees charged by EC&A will be: 1) unit hourly rates for
all employees; 2) unit hourly or daily rates for vehicles and all field and safety equipment; and 3)
cost plus 10% for subcontractors.
The fees charged by EC&A are as follows:
Principal Engineer/Geologist $165/hour
Project Manager
$145/hour Senior Field Tech.
$92/hour
Senior Engineer/Geologist $139/hour F i el d/E nviro. Tech.
$79/hour
Project Engineer/Geologist
$139/hour Draftsperson
$73/hour
Project Field Engineer
$139/hour Clerical
$60/hour
Project/Associate Engineer/Geologist $119/hour Expert Witness/
StalfEngineer/Geologist $99/11our Depositions
$225/hour
Other Charges:
Purge Pump
$20/day (1 day min) Replacement Locking Well Cap (2")
$26/cap
Submersible Pump
$59/day (I day min) Replacement Locking Well Cap (411)
$29/cap
Peristaltic Pump
$45/day (I day min) Truck
$751day
Hand Auger/Equip.
$33/day (I day min) Vehicle
$0.75/mi
Gastech
$50/day (I day min) Sample Tubes (brass)
$81tube
PID
$1321day (I day min) Sample Tubes (stainless)
$13/tube
Water -level Meter
$33day (I day min) Encore Samplers (5 gram) $11.50/each
Conductivity Meter
$53/day (I day min) DOT 17H 55 -gallon Drums (new)
$53/drum
Oil/Water Meter
$53/day (I day min) Drums (reconditioned)
S25/drum
DO Meter
$53/day (I day min) 4" Pump
$125/day
ORP Meter
$40/dkv (I day min) Flow Meter
$30/day
Ozone Me -ter
$40/day (I day min) Prints and Materials Cost + 15%
Turbidity Meter
S261day (I day min) Miscellaneous Expenses Cost + 15%.
Disposable Bailers
$1 Itbailer GPS Survey $150-00 per well +travel
Misc. Sampling Items
$33/day 1000 gal. Water -storage Tank
$17/day
Replacement Well Lock
$13/lock
The fees for other equipment needed to complete a project will be made available at the time of
proposal preparation or contract negotiations.
EXRTB ff A
Page 14 of 14
W,
EXHIBIT B-2
Consultant's performance of the Set -vices under this Agreement shall not corm-nence 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:
I Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
L General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3, Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $ 1,000,000 policy limit.
Bodily Injury by Disease - $ 1,000,000 each employee.
4. Professional Liability insurance: $ 1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Page I of 2
INSURANCE REQUIREMENTS (City)
(6013r5) :April 2010
27
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:
I. 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 proiect, 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 otiicers,
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.
S. 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
AML
P. 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
INSURANCE REQUIRENTENIT'S (City)
(Cwms) Apo 2010
28
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 knowledge of their obligations under the California Labor Code. The
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 el seq.
(1037770) (Sept 2007)
29
Consultant or subconsultant shall pay the difference between the prevailing wage rates
and the amount paid to each worker for each calendar day or portion thereof for which
each worker was paid less than the prevailing wage rate. If a subconsultant worker
engaged in performance of the Services is not paid the general prevailing per diem wages
by the subconsultant, the Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant fails to comply with all
of the following requirements:
1. The Agreement executed between the Consultant and the subconsultant for the
performance of part of the Services shall include a copy of the provisions of
California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of
per diem wages by the subconsultant by periodic review of the subconsultant's
certified payroll records.
3. Upon becoming aware of a subconsultant's failure to pay the specified
prevailing rate of wages, the Consultant shall diligently take corrective
action to halt or rectify the failure, including, but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to making final payment to the subconsultant, the Consultant shall obtain an
affidavit signed under penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records'
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
2
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 et seq.
(1037770) (Sept 2007)
30
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 Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 el seq.
(1037770) (Sept 2007)
31
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
836, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California IDepartment 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 836.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 836 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Pagel of 3
L1wtN6 WAGE ACKNOWLEDGEMENT
AND CERTIFicxrioN
(I638697.2) Nov 2012
32
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: PRE -CONSTRUCTION SOIL ASSESSMENT FOR PETALUMA
BOULEVARD 12" WATER MAIN REPLACEMENT AND PETALUMA BOULEVARD
SOUTH SEWER TRUNK MAIN
M C , , I "
d C Wy_ ,f Date:
(Print Name of Covered Entity/Business Capacity)
By
(Print Name)
/s/
(Signature)
Its
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGMENr
ANDCURTIFICATION
(1 &1'360 7.2) Nov 20 12
33
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 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:
O AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBcoNTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLANT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE'*: !,\,] c5 gid\ .
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject batter:
Resolution, if any:
Expected resolution, if known:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICKrION
(16-486971) Nov 2013
34