HomeMy WebLinkAboutResolution 2015-078 N.C.S. 06/01/2015Resolution No. 2015 -078 N.C.S.
of the City of Petaluma, California
ADOPTING A LABOR COMPLIANCE PROGRAM FOR PROPOSITION 84 GRANT
FUNDED PROJECTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH NORTH VALLEY LABOR
COMPLIANCE SERVICES FOR THE DENMAN REACH PHASE 3 AND CAPRI
CREEK RE- CONTOURING AND TERRACING PROJECTS
WHEREAS, the City of Petaluma wishes to design and construct the Denman Reach
Phase 3 and Capri Creek Re- contouring and Terracing Projects; and
WHEREAS, the California Labor Code requires contractors on public works projects
pay their workers based on the prevailing wage rates which are established and issued by
California's Department of Industrial Relations, Divisions of Labor Statistics and Research; and
WHEREAS, the California Labor Code requires contractors to keep accurate payroll
records of trade workers on all public works project and to submit copies of certified payroll
records upon request; and
WHEREAS, California voters in 2006 passed Proposition 84, the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act; and
WHEREAS, the Denman Reach Phase 3 and Capri Creek Re- contouring and Terracing
Projects are funded by a portion of Proposition 84 funds; and
WHEREAS, Proposition 84 requires the body awarding a contract for a public works
project financed in any part with Proposition 84 funds, to adopt and enforce or contract with a
third party to enforce, a Labor Compliance Program pursuant to California Labor Code; and
WHEREAS, a Labor compliance Program is required to, among other things, inform
contractors about their prevailing wage obligations, review certified payroll reports, monitor
compliance and enforce contractors' compliance with California labor and apprenticeship laws
for public works projects; and
WHEREAS, the provisions of Proposition 84 allow the City of Petaluma to utilize the
services of a third party labor compliance consulting firm to administer and enforce the City's
approved Labor Compliance Program; and
WHEREAS, staff recommends North Valley Labor Compliance Services to enforce the
City's Labor Compliance Program for Denman Reach Phase 3 and Capri Creek Re- contouring
and Terracing Projects during construction; and
WHEREAS, North Valley's ability to enforce labor compliance programs has been
de ionstrated at Sonoma County Water Agency, Sonoma County Regional Parks, Napa County
Regional Parks and in other Northern California municipalities; and
Resolution No. 2015 -078 N.C.S. Page I
WHEREAS, staff recommends the City execute a professional services agreement with
North Valley for labor compliance services in order to meet the requirements of Proposition 84
for the Denman Reach Phase 3 and Capri Creek Re- contouring and Terracing Projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
1. Approves and adopts the Labor Compliance Program, which shall apply only to
projects utilizing Proposition 84 grant funds.
2. Authorizes the City Manager to sign all necessary related documentation for the
approval of the Labor Compliance Program by the California Department of
Industrial Relations.
3. Authorizes the City Manager to execute the attached Professional Services
Agreement for labor compliance services with North Valley Labor Compliance
Services in the amount not to exceed $28,500.
4. Authorizes North Valley to submit the City of Petaluma's Labor Compliance
Program and all necessary related documentation to the California Department of
Industrial Relations for review and approval, and administer the City of Petaluma's
Labor Compliance Program, including related consultation, monitoring, and
enforcement services pursuant to the professional services agreements presented to
and approved by City Council.
Under the power and authority conferred upon this Council by the Charter of said City.
Resolution No. 2015 -078 N.C.S.
Page 2
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
LABOR COMPLIANCE SERVICES
FOR DENMAN REACH PHASE 3 AND
CAPRI CREEK RE-CONTOURING AND TERRACING PROJECTS
(Title ol'Project)
FY I 5/16
Fund #
Cost Center LQ700
Object Code -
Project# (-,0050020 Amount $15.50
For multi-year contracts
or contracts with
multiple accounts:
J`Y 15/16
Fund*
CosiCculer 30700
Object Code
Project flC16301413 Amount 513.000
FY -
Fund #
Cost Center -
Object Code
Project # _ ArrtotmtS --
PY -
Fund #
Cost Center _
Object Code
Project # - Amount $-
FY-
Fund P
Cost Center -
Object Code
Project # Amount $,
FY -
Fund 4
Cost Center --_-
Object Code
Proicct # Amount
THIS PROFESSIONAL SERVICES ACiRFEMEN'I'("Agreeiiietit") is entered into and effective
as of 20 Date"), by and between the City of'Petaluma, a
municipal corporation and a charter city ("City") and North Valley Labor Compliance Set-vices,
a Labor Consultant ("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.
THEREFOR[-, in consideration of the i-nLiLual 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. Como nsation; Business Tax Certificate.
A. For the full performance of the Set-vices 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 lor
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 $28,500.00 (Twenty-eight Thousand Five Hundred
Dollars and Zero 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
COITIPWISVILiOn until Such time as Consultant has on file with the City Finance
Department a Current W-9 f01-111 available from the IRS website
and has obtained a currently valid Petaluma business tax certificate,
Resolution No. 2015-078 N.C.S. Page 3
E. [liy`u oh\ig81knn to pay compensation to Consultant as provided herein is
contingent upon Consultant's oerhonnanoon[1hc Services pursuant to the (cnno
and conditions of this Agreement and uiy amendments therelo,
Term, The term nythis Agreement mmmences oil the K[fect|veDate, and terminates un
June 30. 2017, unless sooner terminated |n accordance with Section 4. Upon termination,
any and all of City's doounocoLo or matcrin|a provided to Consultant and any and all of
the documents or noatcriu!y prepared for City or relating to iho performance of the.
Services, shall he delivered to the City as soon as possible, but not later than k)Vdocu
(|4) days after termination n[(heAgreement,
4. Termination, City may icnninub: this /\gyecnnent `vkhmot uouyc upon ben (l[) duyu"
written notice. City may immediately terminate or auypcnd this /\&rconnon( for cuoyc.
Cause (or immediate termination or suspension nbu!l inu|ndo' but not be )hnitcd to, ally
breach of this Agrecincrit 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 o[ early termination of this
Agreement by City, Consultant shall ho entitled to poy/000i for all Services pe,/ornnoJ to
the date o[(enninu|iun to the cs(on< such 0u,vicon were pertbnnud to Ule satisfaction of
City in accordance with the terms and conditions ofthis /\g,cmnnnt. /[ City terminates
this Agrconnon( R`r cause, C/ana/\tont ahn|| be liable to City K/r any excess cost City
incurs [hr completion nf the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in perf'orming tile Services, City has
relied upon said representation as a material inducement to enter into this Agreement,
Consultant shall, therefore, provide property skilled professional and technical personnel
to PerfOrill all Services under this Agreement. It is expressly understood that Consultant
and its apents and employees, shall act in at) independent capacily and as an independent
contractor and not as officers, employees or agents ofCity. This Agreement shall not be
construed is all agreement flor employment,
6. Consultant shall, at its sole cost and expense., furnish all
|uo/|/t/co and equipment that may be required for furnishing Services pursuant to this
Agreement. City xho|( furnish to CVuVuituot no facilities or equipment, unless the City
nthunvixnmgrecu |nvv[itbngio provide the xomc.
?. Lic nses, Perrnits Etc. Consultant shall, at Consultant's sole cost. and expense, keep in
effect /Utill Uniex during
tile term of this Agreement any licenses, permits n« other Such
approvals which are legally required for performing the Services.
Time, Consultant shall devote Such time to the performance of the Services mmay be
reasonably necessary for satist"actory perforniance of Consultant's obligations pursuant to
this Aoreement.
9. Inspection. Consultant xho| provide tho [1t' every rouuonub|o Opportunity to omcortubx
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done in(] materials fumished, it' any, shall be subject to
Resolution No. 20\5-078N.CS. Page
inspection and approval by the Citv The innncotinn Of' such vmxt mho| not relieve
Consultant of any of its obligations pursuant to this Agreement,
10. Upon ihc CiLY`x request, Consultant ohoU provide, in u bnon
acceptable io City, written progress reports of all oral and written observations, opinions `
recommendations, analyses, 0rnQrcys and conclusions n:)mkx] to Consultant's
performance of tile Set-vices,
||, Confidentiality. ln the course uf Consultant's employment, Consultant may have access
to bade secrets and oonriduntul inRvnmUun, disclosure of which in protected or limited
by |up/. Consultant shall not directly or indirectly disclose or use any such cnnridrntia|
itil'ormation, exceptas required for tile performance ol'Llie Services,
12. Consultant /eprcmm)Lx that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirec, financial or otherwise,
which vvuu|d uonO|ci in any manner or de&000 with the performance of the Services
hereunder. Conm/}tno( further covenants that, in the perknmunce of this Agreement, it
shall not onlp|ny any auboon{uau|u, or person having such o conflict of iotcrcmi
Consultant n:pn:xcn|x that no one who has orwill have any Ununciw| |nicnzt under the
Agrecrncn(ixuno#ioerorrmp|oycuo[Ciiy. |[uuohconDiuiuY interest arises during this
Agreement or any extension, Consultant will immediately odv}oo City and City may, at
its yn|c d|xurcbmn, innrnsdiotc|Y {noniu0<o this Agreement. Certain Consultants are
sub 'aolt0 the requirements, including the disclosure and reporting requirements, of the
C|iy'x Conflict of Interest Code adopted pnrmoon{ to ii\u Po|iUnu| [{o|orm /\cL Such
Consultants :ubjeor to tile City's Conflict o[[nicroai Code, include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, nr
n:gu|ubunx' action on penni1aor Other applications, ouihndzut1on to enter into or modify
contracts, m'approval of plans, designs, reports, or Studies, Consultant agrees to comply
fully With all ouch requirements to (lie extent they apply to Consultant's performance of
the Services.
13. Except m City may specify in writing, Consultant shall have no
authority, express or implied, to not oil behalf o[City in any uoponi{y whatsoever as all
48onL Consultant shall have no authority, express or implied, Pursuant to this Agreement
to bind City to any obligation whatsoever,
14. Standard of Performance. Consultant shall perform all the Set-vices in n romuuor
onnnis&mi with the standards of Consultant's profession, All inxbumcm|x of service n[
whatsoever nature, which COosUkoui delivers to City pursuant to this Agreement, shall be
prepared in o xuhxhunLiu|, workmanlike manner and conform to 1|lo oLundu;do o[
Conmu|iuni`m proR:suiun. All such inSbunocoio of service nhu|| become the sole and
exclusive property Of City upon delivery of'the same,
}l No assignment orbanx|erin whole nfin part o[dh|s Agreement
shall be rnade without the prior written consent of'City,
|b. Subcontractors. Consultant shall directly pe'Kxni all Service,,, and nhoU not xohunnkuc!
any portion of oc,konnunco of' (lie Services v/i|hnx< the prior nok1on consent of City.
Any such xuhonn(racLom ohu|| be requ|rcd to comply, to the &J| ox(oo< applicable, with
Resolution No. 2015-078N.C3. Page
Uxe terms and conditions ofthis Agreement, including but not limited to, Procuring and
maintaining bmurnnxu coverage as required hcrs|o and which ohu|| numo City as on
additional insured.
17. Complimice With All Laws. Consultant shall GuUyoonip|y with all oppUuubb |ncui
state and 0edcn]| rules, laws, regulations and ordinances pertaining to the nncco[
the Services ,cqoiroJ hereunder, including but ooi limited to, [lie Cu|}[urniu Building
Standards Code an in effect in the City, (lie Americans with Disabilities Act, and ail), !uos
and regulations vc|uked to any Copyright, patent, trademark or other intel|cok/u| property
right involved in per[6rmanco of the Services. Consultant's failure to comply with any
law(s) or pogu(wbnn(x) upp|io8b|o to the porfbro)nnoc of' the Services hereunder s|lo1i
constitute a nnctoriu| breach of this Agreement, 7\o the extent that any other government
agency or entity provides compensation for any Services, Cwoso|(unt xhw){ comply with
all rules and rcgu|u<|unu applicable to such fiocn) 4nxinkancc.
|8. Living Wa2e ordinance, Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of'Petaluma Municipal Code, Chapter 8.36,
Living Wage (ithe "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 inlorniation verifying Consultant's compliance with (lie requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days ol'thc L"flective Date ol'this
Agreement, noti fy each of its affected employees as to the arnount of wages and time off
that are required to be provided to thetil pursuant to the Living Wage Ordinance, The
Acknowledgement and Certification Pursoant to City of' Petaluma Living Wage
Ordinance, attached to this Agreement as Fxhibit C ,hall be a part of this Agreement for
all purposes, and Consultants that tire stil-) ' ject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Fxhibit C in accordance with
the requirements of tile Living Wage Ordinance, Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause For City's
termination ofthis Agreement purSUant to Section 4 hereof,
}V. Discirimination. During the, performance of this /\grounolL Consultant vho) not
discriminate against any eniployee 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.
20. Notice. Fxceptusotherwise specified in this Agreement, all notices mbe sent pursuant
to this Agreement shall be made in writing, and umni to the Parties at their
addresses speui5ed below ortn such other address as u Party may designate by' h|hcn
notice delivered |o tile other Party in accordance with this Section, All such notices shall
be sent by:
U\ personal delivery, io which case notice is effective upon delivery;
/ii\ certified m�i�� mail, ��m receipt requested, � �i� c�n����l �
deemed delivered on receipt i[ delivery iuconfirmed byureturn
(||i) ou1ionu|/y recognized overnight coUhor, with charges prepaid or charged to the
sender's account, in which case notice in oO'euUvc on delivery if delivery is
Confirmed by the delivery service; or
Resolution No. 20l5-078N.C.3. Page
(iv) fiaQaimi>c transmission, in vvbicb romc notice xhu| be deemed delivered upon
UoosinittaL provided that (a) u duplicate copy oftile notice is prnmpi!ydc|ivurcd
by Oc4-c|oxo or certified nnoil or by overnight delivery, or (h) a buox/nioyiou
report is goocruicd reflecting the accurate transmission thereof, Any notice given
by tbtsi|oiluShoU be considered to have been received o/l the next business day i[
it is received mUer5:O0p.m. recipient's time or on u nonhoxincnx clay.
City: City Clerk
C|iyo[9vbdunN
Post Office Box 61
Pda|unnu, California 94953
Phone: (7O7)778-43A0
Fax: (?07)778-4554
Email: cityclei-k(ii�,,ci.lietalui-na,ca.us
And:
Dan St. John, F.ASCE
202 N. McDowell Blvd
Petaluma, CA, 94954
Phone:
Fax:
Email:
Conmukmrlt:
North Valley Labor Coin liance Serrvices
6955 North DUrango Stre-e�, Suite If 15-254
Las Vegas, NV 89149
Phone:
Fax:
Email:
21. Ownership of Documents. All original papers, documents nr computer material undisk
or nnicr0fUoJ, and copies 1hureo[ produced as n result of this Agreement, shall be the
ycoycdy $[ City and may not be used by Consultant without [he *r|Ucn consent ufCity,
Copiounl'xuoh documents urpapers nbml] not be disclosed to others, without the `vdttWl
consent of the City Manager Vr his ur her designated representative,
ZZ. Indemnification. Tu the maximum extent permitted by law, Consultant shall, at its own
expense, ildnouoifk do|enJ with c/unsc| acceptable 10 the City, (which acceptance will
not be unreasonably vvithhd6), and hold honn|o«u City and its officers, officials,
cmp|oyces, agents and Volunteers (^lndernni(ce«'`) 0nm and against any and all |iohU|iy`
loss, damage, claims, suits, actions, arbitration prouoccliugy, administrative proceedings,
regulatory proceedings, civil ponAiiiosuod lines, expenses and costs (bxc|m]iog,without
limitation, claims capmnxex` attorney's |ecx and costs and Kecx of litigation) (collectively,
"Liuhi|ih/`) o[ cvory nature, whether uotno|, alleged or threatened, arising out of or in
connection with the Services or Consultant's |'ai|ure to comply with any of tile ternox of
this Agreement, regardless ol'any flault or alleged fakilt of the Indeninitees.
Resolution No. 20l5-07XN.C.S. Page
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not ho excused because of tile Consultant's inability to evaluate Liability, o,because
tile Consultant evaluates Liability and determines that the Consultant ix not or may not bc
|imb(c. The Consultant must respond within 30 calendar days to any h:ndc, for defense
and indemnity by the City, unless the time for responding has been extended by on
authorized representative of tile City it) writing. |[ihe Connu|(oo( [ui|o to accept tender of
defense and indemnity `vi1})io 30 calendar days, in addition to any nUlcr roncdiox
authorized by law, ou much of' the money due or that may become due the Consultant
under this Agreement uashall rouaunuh|y be nonoidnu:J necessary hy the City, may be
retained by tile City until disposition has been made o[the matter sub 'cctk/ 0:udcr, or
until thuCm1no|t8Otaccepts the |eoder, whichever occurs first. In the event that the City
moot fi|c responsive documents in o matter tendered in Consultant prior to Consultant's
ucncp(unoe of tender, Conno|\no{ agrees to fully reimburse all costs, including but not
limited to attorney's |eou and costs and !eou of litigation, incurred by the City in filing
such responsive documents,
The Cunuu/bot waives any and all rights to express or implied indemnity uguhno( the
!odemniteemcnoocrning any Liability o[ the Conxu|(uo(miSiu8 Out o[oriU uunnooiioi}
with the 8orviCcx or Cunxu|iuni"x failure to comply with any n[ the honnx of (him
8g[ommooL
Notwithstanding tile foregoing, to the extent this Agrcctnent ixo "construction contract"
as defined by California Civil Code Section 2783, as may heamended from time tothnn,
Consultant's duty to indcrnui[v under this provision oho(i not apply when Co do un v/nu|d
be prohibited hy California Civil Code Section 2782, as may beamended from hnnctn
Notwithstanding the kneooing`1u the extent that the Services include design professional
services sub �ac( to California Civil Code Section 2782.8, as may be 8n`codcd from time
to time, Consultant's duty to indemnify shall only be to tile maximum extent permitted by
California Civil Code Section 2782,8,
23. Consultant shall comply with the "Insurance 8cqu|nxncnCx for Consultants"
in Exhibit B-7 attached hereto and incorporated herein by reference. [�ndicale o0ochad
24. Amendment. ?h}m Agreement may be amended only byuwritien instrument executed
by both Parties.
25, Liti2ation. If litigation ensues which pertains to the subJect matter u[Consultant's
set-vices hereunder, Consultant, upon request from City, agrees to testify therein at
reasonable and Customary fee.
26. Construction, This Agreement isthe product of���|�u�um�m|��L�p�
of'both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any unccUoiotY in the Agreement vho|( not be ounoUond against thv dnu0zr o[ the
Resolution No. 20\5�78 N.C.S. Page
27' Agnoc.rilcnt shall hn enforced and |nicrproka] under the
|ap/ o[ the U(uie of' California and the Uh/ of Pc8a)omno. Any action arising from or
hn/uuh( in connection with this &gvccmeoi ,hqi| be vonUcd in m court of' competent
jurisdiction in the County of Sonoma, State ofCaliforriia.
28. The City's failure to uufhruc any pnniwkm of this Agreement or the
waiver thereof inu particular inmtsnue,shall not bc construed nxVgeneral waiver o[any
pall Of Such provision, The provision shall remain in full force and efTect.
29. |[ any term nr portion ufthis Agreement is field tobcinvalid, iUonu' or
Otherwise uocn[brocob|c byo court o[oompeiuni 'uhyd|c(ion,d)*,cozuiobmgpvovioinnuu[
this Agreement shall Continue in FLIII force and effect,
30. NoThIrd Party Beneficiaries. The Pudicm do not intend to nroo(o` and nothing in this
Agreement shall be construed to create any benefit or right in any third party,
31. Mediation. The Podkm agree to make u good faith attempt to romnke any dispute arising
out nf this Agreement through mcdia1ioo prior Uncommencing ||huadoo. The Parties
shall Mutually agree upon dhC mediator and nhu|| divide the costs of mediation equally,
32, Consultant's Books and Records.
A. Consultant uhuU muinkain any and all ledgers, books o[ uucuon<o, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges lot, services, o,cxpeodi<uncxand d|sbomoocnb char-ud 1u the Ci|y for
n /ninimum period of three (3) yon,n or for any longer period required by !op/`
Onm tile date o[0lo| payment \n Consultant puruuunt tn this Agreement,
U. Consultant mhu|| maintain all documents and records vvhiCk deruonuku(c
pmfo[nUu000 under this /\§roem*ni for nuioi/nU/o period n[Hh,me (3) years or for
an), longer period required by |on/. from the dmien[ienniUoti0n or completion of
this Agreement,
C Any records or dOCLI111CIltS required to be maintained pUrSLIan( to this Agreement
shall be made available fbr inspection or audit, at any tirne during regular business
hours, upon written request by the City Manager, City &tt0n1py` City PiOmnwo
Director, or u designated representative of these officers. Copies of such
documents ubol| be provided to the City fbr iooVnodon at Peiuiurnu City Hu||
when it is pruodoai to do so. Otherwise, un|000 an a|tmnonLivn is Mutually ngo:od
upon, the n*000do shall be ormi|ab[u at [onou|hxot`8 address indicated [hr receipt
Of notices iu this Agreement.
D. Where City has reason to believe that such records m documents may be lost m
discarded due to dissolution, disbandment or h:nn|nobuu of Consultant's
business, City may, by vvdttco request by an), of the above-named officers,
require that custody or the records he g>roo to the City and that the records and
d000mcn1x be maintained in PCioIumu City ilx|i. /\uccxa to uoch r000/'da and
documents shall be granted im any party uuthor{7,cd by Consultant, Consultant's
representatives, or Consultant's successor in interest.
Resolution No. 20l5�78 N.C.S. Page
33. Headings, The headings used in this Agreement are for convenicnee only and are not
intended to affect the interpretation or construction of any provisions herein,
34. 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 or this Agreement.
C
35. Entire Agreement, This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard,
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written,
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO l,'OIZM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
t'lle., lwlnea
CONSULTANT
By
Name
Title
Af
Address
City
Taxpayer LD, Number
Petaluma Business Tax
W
State Zip
C'erti ficate Number i a j 6—
y
Resolution No. 2015-078 N.C.S. Page 10
Exhibit A
LABOR COMPLIANCE SERVICES
FOR DENMAN REACH PHASE 3 AND
CAPRI CREEK RE- CONTOURING AND TERRACING PROJECTS
The purpose of this Agreement is, except as explicitly identified as a City obligation within this
Exhibit A, for the Consultant to fulfill all obligations of the City under its Labor Compliance
Program, adopted by Resolution No. XX, and as may be required by the terms and conditions of
any grants for Denman Reach Phase 3 and the Capri Creek Re- Contouring and Terracing
Projects and applicable law.
1 ;cope of Work
Before construction begins, Consultant will ensure all City bid invitations and
contracts /agreements contain the appropriate prevailing wage language and State Labor Code
requirements. Consultant will provide a handout to be distributed at the pre -bid conference to
contractors so they know the requirements prior to bidding. Consultant shall go over all
requirements with the City awarded Contractor and all subcontractors to ensure compliance to
prevailing wage laws.
Once construction begins, Consultant will review and monitor certified payroll to verify
contractor compliance; making sure workers are being paid correctly, classified correctly and
that fi•inge benefits are being paid. Consultant will also ensure that apprenticeship requirements
are adhered to by confirming eligibility of an approved program that is registered with the State
of California. Consultant will maintain ongoing communication with the contractors concerning
possible violations and discrepancies. Consultant will give the contractor every opportunity to
correct and rectify a potential error. If it becomes necessary to conduct an audit of certified
payroll, Consultant will notify the specified parties as well as the awarding body of our
intentions. All parties will be notified of the outcome of an audit including potential penalties
before a Request for Forfeiture is submitted to the Labor Commissioner.
"'he City will conduct onsite interviews with the contractor workers to confirm that they are
being paid the correct hourly wage, they are classified correctly for the type of work they are
performing, travel and subsistence if applicable, overtime and holiday pay if applicable. City
staff will complete the interview forms and submit it to the Consultant for review.
Consultant will review and approve each pay application that is presented to the City for
payment. If there are outstanding issues with a specific contractor /subcontractor, Consultant will
recommend the withholding of contract payments for that particular contractor /subcontractor.
Pre -Bid and Pre - Construction Meetings
Consultant will provide materials to be distributed at the Pre -Bid meeting to inform potential
bidding contractors of their obligations to CA Labor Code.
Once the contract has been awarded,' Consultant will talk with each contractor to review the
requirements under Labor Code §§ 1775, 1776, 1777.5 and 1813. The contractors will learn how
Resolution No. 2015 -078 N.C.S. Page 11
to properly submit their certified payroll, how to complete and submit required LCP documents,
and will understand the importance of keeping accurate records so they are in compliance with
the law.
Consultant will review the "Checklist of Labor Laws ". A copy of this document will be signed
by each contractor and kept on file.
Collection, Review, and Monitoring of Certified Payroll
All contractors who work on -site shall maintain complete certified payroll records; these shall
contain all the required information shown on the DIR "Public Works Payroll Reporting Form ".
Records shall be furnished to Consultant as.defined in the contract. All payroll records are
promptly reviewed for accuracy so that appropriate corrective action can be taken if necessary.
Consultant will check for completeness, and if accompanied by a Statement of Compliance,
employee information, job classifications and wage rates. If discrepancies are found, the
Consultant will notify the Prime Contractor with a "Ten Day Notice to Correct ". It will be the
responsibility of the prime contractor to forward the notice on to their subcontractor(s). The
Consultant will contact the subcontractors directly upon request of the Prime Contractor.
Pursuant to CCR §16432, Consultant will conduct further confirmation of payroll records in
order to corroborate reported prevailing wage payments; for each month in which a contractor
reports having workers on the project. This is accomplished through worker interviews,
examination of pay stubs, or any other reasonable method. Confirmation is also undertaken by
the Consultant upon complaints from workers or other interested persons, or when other
information suggests inaccuracy of the payroll records.
Audits and Investigations
An investigation and audit shall be prepared when Consultant determines that a violation of the
prevailing wage has occurred. The audit will include the amount of underpayment to the
worker(s) and any penalties to be assessed under LC § 1775 and § 1813. Information as to actual
hours worked, amounts paid and classifications of workers employed on the project will also be
included in the audit. During the Consultants' investigation in preparing the audit they will
derive information from interviews with the workers, complaints from workers or other
interested parties, time cards cancelled checks, trust fund forms, work schedules, evidences that
reflect job assignment, review of daily superintendent reports, IOR reports, and any other
additional documents that may be pertinent to the investigation.
Enforcement
Consultant will strive to develop a good relationship with the contractors to provide assistance in
complying with CA labor code. Consultant will be available as needed by phone or email.
A. Delinquent or Inadequate Payroll — Once it is determined that certified payroll
is either delinquent or inadequate pursuant to CCR §16435, Consultant will issue
a "Ten Day Notice to Correct" to the affected contractor. The Consultant will
follow up this notice with a phone call to offer any assistance if needed. If
inaccuracies are not promptly corrected within one payroll period after such
Resolution No. 2015 -078 N.C.S. Page 12
notice, CA Labor Code §1771.5 requires the withholding of contract payments
only to the subcontractor whose payroll records are delinquent and /or inadequate,
Consultant will provide the contractor with immediate notice that contract
payments are being withheld, identifying why the payroll is deemed delinquent
and /or inadequate, specifying the amount being withheld, and his rights under LC
§ 1742. Once corrected payrolls are produced, the withholdings will be released.
B. Failure to Pay Prevailing Wage — Once it is determined that prevailing wage has
not been paid by a contractor, by review, monitoring and /or confirming certified
payroll; an investigation will be conducted to determine if the underpayment was
a willful violation. Consultant will issue a "Ten Day Notice to Correct ", followed
with a phone call to answer any questions that the contractor may have. If the
contractor makes prompt restitution to the worker and can provide information to
prove a "good faith mistake" as determined by LC §1775, Consultant will not be
required to request from the Labor Commissioner a determination for penalties to
be assessed against the contractor. If the investigation provides evidence that a
willful violation occurred, an audit will be prepared to include the amount of
underpayment to the worker(s) and any penalties to be assessed under LC § 1775
and LC § 1813 and submitted to the Labor Commissioner for approval. A copy of
the recommended forfeiture and the report shall be served on the contractor and
subcontractor at the same time it is mailed to the Labor Commissioner. If a
written complaint is received alleging the underpayment of prevailing wage by a
contractor, Consultant will notify the complaining party within 15 days that the
case is being handled, and provide contact information of the person doing the
investigating. Consultant will also notify the contractor of the complaint within
15 days pursuant to LC § 1775. We will conduct an audit to determine accuracy
of the complaint and follow the procedure as noted above. Consultant will keep
the complaining party apprised of the status of the investigation in an ongoing
basis. Consultant will file a Davis Bacon: 5.7 Labor Standards Enforcement
Report for any violation over $1,000,00 or violations deemed to be willful, for
any federally funded projects.
C. Failure to Comply With Apprenticeship Requirements — Consultant will issue
a "10 Day Notice to Correct" once suspected violations are determined. An audit
will be prepared to determine if the violation is a "knowing violation" under LC
§1777.5. All suspected violations will be filed as a complaint to the Division of
Apprenticeship Standards (DAS) under their guidelines as required by Labor
Code. Consultant will maintain a written summary of all labor compliance
activities and relevant facts that pertain to this project for each contractor on the
job.
Forfeitures
After the Consultant reviews certified payroll records and discovers that workers have been
t .Iderpaid, an audit will be prepared showing the total amount of underpayment, which also
includes estimated penalties required pursuant to LC § §1775, 1776, and 1813. Consultant will
give the contractor the opportunity to explain why the violation was a "good faith mistake ". If
Resolution No, 2015 -078 N.C.S. Page 13
the contractor fails to do so, Consultant will prepare evidence of the violation in narrative form
and submit this report to the Labor commissioner along with additional information as required
by CCR §16437. Consultant may recommend withholding of funds during the course of
construction where the contractor has failed to comply with labor standards provisions within a
thirty day period.
Assisting the City to Prepare for a Hearing Before the DIR
The Consultant's goal is to preclude a case from going before the DIR to be heard through
implementation of the preventative measures outlined above. In the event that a case does go to
t: +e DIR, Consultant will assist the City Attorney by providing detailed documentation that will
help validate the case. The additional work is not included in the original not to exceed amount
and will be billed as additional services at the same rate of pay if required. Consultant will assist
in any manner consistent with the Prevailing Wage Hearing Regulations set forth in CCR
§ 17201 - 17270.
Resolution No. 2015 -078 N.C.S. Page 14
Carolyn Lay
Senior Labor Compliance Officer
Laura Devany
Labor Compliance Officer
Clerical Staff
Cost of Services
Schedule of Rates
Allowable Reimbursable Expenses
$75.00 /hour
$75,00 /hour
30.00 /hour
Consultant will be reimbursed for reasonable expenses incurred in conjunction with the project.
The items allowable for reimbursement are as follows:
1. Cost of copies, mostly for printing the Labor Compliance Manual.
2. Cost of postage, UPS, Federal Express, and other deliveries.
3, Cost of other items as required, with prior approval from City.
NOT TO EXCEED VALUE
Denman Reach Phase 3
Labor Compliance Monitoring Not To Exceed Value of
$15,500.00 (Fifteen Thousand five hundred dollars.
Capri Creek Re- contouring
Labor Compliance Monitoring Not Exceed Value of
«,ad Terracing
$13,000 (Thirteen Thousand dollars).
Additional Services would be at the request of the City; Consultant would prepare for and serve as a
witness in connection with any public or private HEARING or arbitration, mediation, disciplinary or
enforcement action, or legal proceeding,
Resolution No. 2015 -078 N.C.S. Page 15
INSURANCE REQUIREMENTS
EXHIBIT B -2
t.'onsultant's performance of the Services. under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear. either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Resolution No. 2015 -078 N.C.S. Page 16
self - insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
ANII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Resolution No. 2015 -078 N.C.S. Page 17
EX"IB8T C
ACKNOWLEDGEME'NT AND CERTIFICATION PURSUANT TO
CITY OF PETALNM/kLIVING, WACEORDfN/kNCE
PETALNMA MUNICIPAL CODE 00APTER0.3G
The City ofPetaluma Living Wage Ordinance ("Ordinanue") Petaluma Municipal Code Chapter
0.3O. applies (n certain service contracts, leases, fraouhivex and odhorugrecm / or funding '
mcchan[mnx providing financial assistance /rokxred 0o hereafter as an "Agreement") between
the City ofPctaluma ("City") and/or the Petaluma Community Development Commission
(''PCDC")und contractors, |ossuto, Danchixcen, and/or recipients o[ City and/or (`CDC MundinQ
or financial benefits ("covered entities").
9UrSmni1,0 Petaluma Municipal Code8ection8.36.|20, as part of any bid, application m
�
Acknowledge that the covered entity in aware o[thc Ordinance and intends tocomply
with its provisions,
Complete the Report ot'Charo
Ps, Complaints, Citationsand/or Findings contained in (his
&cknux/|edgannontuud Ccr iUoaion by providing information, including the (late, muhioot
matter and manner n[resolution, if any, of all ymgo` hour, collective bargaining,
workplace saflety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department (if Fair Employment and Housing,
Division of Occupational 8nie1Y and |}eu|ih (OSHA), California Department ufIndustrial
Ne/y|iuna (Labor Corn/niaminne/')^ Cnvironrnmnto| Protection Agency and/or National
Labor Relations 00urd` which have been filed or presented to the covered nnbiY within
iho ten years |mcncdiott|yprior in 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 (fie execution of said Agreement by the C ' *ity or the, PCDC, each
covered entity shall ond employees
Petaluma Mu'nicipal Code Chapter 8.36,
Dy executing this Acknowledgement and Ctrtifiortiou the covered entity U)nokuov/|cdgouthat
d 's��voroofiho 0n]inunonund intends in comply with its 's|uuS, (ii) ' � attests to the accuracy
and completeness of information provided in the RcPVo of Complaints, /uiob\ Q�don8
and/or Find; ngscontained herein, (iii) certifies that (( pays its covered - employees o Living u��
-is defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the pomon executing
this AcknoNvIedgement and Certification is authorized to bind the covered entity nxto the mattes
covered in this Acknowledgment and Certification.
Resolution No. 2015-078N.CS. Page 18
SO ACKNOWIX-DGEDand CERTfF[I,',D.
Project or Contract ID: LABOR COMPLIANCE SHVICF ' S FOR DFNMAN REACH PHASE
3 AND CAPRI CREEK RE-CONTOURING AND TERRACING PROJECTS
Date:
(Print Name o(Tokered Entity/Business Capacity) rt
1
(Print Name)
(Signature)
Its
(Title /Capacity of Authorizcd Signor)
Resolution No. 2015-078 N.C.S. Page 19
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS
PURSUANT TO PETALUMA M[INICIPAL COIF SECTION 8.36,120
FOR EACH WA(ifs, IIOLJR, COLLECTIVE BAR(iA[NINCi, WORKE'LACI-. SA1,'E`TY, ENV[IZONMEN'IAI, OR
COONSUMF,R PROTECTION CHARGE, COMPLAINT, CITA HON, AND /OR FUNDING O' VIOLATION OF I,AW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLI UNG BUT NOT I- PAITED TO ME
CALIFORNIA DFPARTMIZNT OF FAIR EMPLOYMENT AND [- IOUSINr i, DIVISION OF OCCUPATIONAI,
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDLJSTRIAI, RELATIONS (LABOR
CONIMTSSIONFR), ENVUZONMENI'AL PROTECTION AGENCY AND/OR NATIONAL LABOR R1- ,'IAHONS
BOARD, WATCH:
• AFFECTS YOt1 AC A P1tOSPl:C'TIVE CONTRACTOR, SI_JC3CONT'RAC l'OR, LESSIiI ", FRANCHTSF,E
AND /OR PAR'T'Y TO ANY CII'Y OF PEFALUMA AND /OR PETALUMA COMNIUNI'TY
DEVELOPMENT' CONIIMISSION- FUNDED AGREEMENT OR BENEFIT Sl1BJ1'.0 "I" TO PFITALUM A
MUNICIPAL C.'ODE CHAI'TIsR 8.36 (LIVING WAGE ORDINANCE), AND
• F[AS B1aLN FILL:.D OR PRESEN'1 "ED TO YOIJ WI'TI IIN TTII,. TEN YEARS J- N1,MEDIA'1'F,LY PRIOR "FO TI II
BI 1), PROPOSAT,, SUBMISSION OR RI QLIEST FOR WI IICI ITT TS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE,
PI,F:ASF PROVIDE THE DATE, 'THE REGI 11,ATORY A(;E-NCY OR COURT MAKING THE CHARGE,
COMPI,ATNT, CITATION OR FINDING. THE SE TBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR FACI -I SIJCT -I CITARGE C:OMPLAIN1, ('ITATION OR FINDIN(-;.
IF NONE, PLLASE S I A 17, i6NONF; ": IV i) %J 'C
ATTACH ADDITIONAL PAGES IF NEEDED,
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Resolution No. 2015 -078 N.C.S. Page 20