HomeMy WebLinkAboutResolution 2015-079 N.C.S. 06/01/2015Resolution No. 2015 -079 N.C.S.
of the City of Petaluma, California
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,
In (,, 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.
Resolution No, 2015 -079 N.C.S.
Page 1
Exhibit A
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
Fluid It _
Cost (-'enter 30300
Object Code 54110
Project It C67501304 Amount $30,000.0
For multi -year contracts or contracts with
multiple acconnis:
FY 15116
Fund ##
Cost Center 30300
Object Code 54110
Project It C66401314 Amount $20.550.47
FY j _S/LO
Ftind # -
Cost CenterJjUIM
Object Code 54110
Project It C6(A01 314 Amount $125,771,61
FY
Fmid
Cost Center
Object Code
_ Pro•ect Amount S
FY
Fund It
Cost Center-
Object Code
Project I Amount $
FY
Fund It
Cost Center
Object Code
_ Prqject #_ Amount $
THIS PROFESSIONAL, SERVICES AGREEMENT ("Agreement") is entered into and effective
as of 20_ ("Effective Date"), by and between the City of Petaluma, a
11ILMICipal corporation and a charter city ("City") and Edd Clark & Associates, Inc., a
environmental consultant ("Consultant") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terins and conditions set forth herein,
THEREFORE, in consideration Or the Mutual covenants contained in this Agreement, the Parties
agree as follows:
I Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in 11"Xhibit "A" attached hereto and incorporated herein
("Services").
2. Compensation; Business Tax Certificate,
A. For the ffill perfori-nance 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
TI-i-ree 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
Resolution No. 2015-079 N.C. S. Page 2
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 oil 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 perforYnance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) clays 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 perforIned 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.
Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services, City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement, It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as all independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
R. Thee. 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,
Resolution No. 2015 -079 N.C.S. Page 3
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, immediately terminate this Agreement, Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act, Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve; making government decisions regarding approval or adoption of rates, rules, or'
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assi2nment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
Resolution No. 2015 -079 N.C.S. Page 4
IG. Subcontractors, Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17, Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance,
18. Prevailing Wages, This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 ct seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting tine foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to
time, Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit D, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof,
20. Discrimination, During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be mtjde 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
Resolution No. 2015 -079 N.C.S. Page 5
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: cityclerktti«�ci.petalurna.ca.us
And:
Dan St. John RASCE
City of Petaluma
202 N. McDowell Blvd
Petaluma, CA. 94954
Phone: 707 - 778 -4546
Fax: 707 - 206 -6034
Etnail: publieworks {r�ci.petaluma,ca.us
Consultant: John Calomiris
Edd Clark & Associates Inc
P.Q. Box 3039
Rolmert Park, CA. 94927 -3039
Phone: 707 -792 -9500
Fax: 707 - 792 -9504
Email: coMmail6bccaenviron.com
22. Ownct•ship of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indernni> rca #ion. To the maximum extent penuitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
Resolution No. 2015 -079 N.C.S. Page 6
not be unreasonably withheld), and hold harnless City and its officers, officials,
employees, agents and volunteers ( "lndenrnitees ") 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 Indenuritees,
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because ofthe Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and deter-rnines 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, unles8 (he 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 (he terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
24, Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B -2, attached hereto and incorporated herein by reference. [lnclicate attached
exhibit, e.g., „B -1, ., "B -2, ., „B_3 ., or ,.B -=1 "I
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
Resolution No. 2015 -079 N.C.S. Page 7
26. Litip_ation. 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 pant
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
28. Gover nine Law, Venne. 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 hill force and effect.
30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
33. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
I3. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a rninimum 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 tune 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. Otherlvise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
Resolution No. 2015 -079 N.C.S. Page 8
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, HeadinLm The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein,
35, Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement,
36. Entire Agreement. This Agreerncut, inuludhig 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 docutnent 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
APPROVED:
CONSULTANT
1 2 -�
B
Nye
Title
Address
City State Zip
68- ,0jL�i
Taxpayer T.D. Number
Petaluma Business Tax Certificate Number
Resolution No. 2015 -079 N.C.S. Page 9
Finance Director
rile name:
Resolution No. 2015 -079 N.C.S.
Page 10
EXHIBIT A
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 will 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 GeoTracker 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 Buff factor (4,000` 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 materials 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 II landfill),
Proposed Scope of Work
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 the City files for the proposed pipeline alignment.
The file review will help to evaluate the soil conditions encountered beneath the project
aligivnent and therefore more accurately assess where to locate the borings for soil
Resolution No. 2015 -079 N.C.S. Page 11
characterizations.
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 the doeurnents 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 it 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 (he City for review at least 5 days prior to starting work,
Task 02: Soil Boring Investigation
Consultant will oversee two Jull days of drilling and will conduct the sampling and logging of 9
investigative borings (B -2 through B -8, B -10 & B- l 1) to 5 feet below ground surface (bgs) and 2
investigative borings (13-1 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 1 investigative boings along the project alignment (See Figure 1). From B -5 through B-
9 investigative borings, Consultant will collect I four- point lab composited soil sample and from
B -1 through B -4 and B -10 and B -I 1, Consultant will collect 2 hvo -point lab cornposited samples
from each boring to be composited into three 4 -point lab cornposited samples (B- 1/B -2, 13- 3113-4,
and B 10 /B 11).
If groundwater is encountered, samples will be collected by the Consultant and analyzed.
Task 03: Soil Sample Analysis
The soil from the I 1 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 II and III disposal
requirements for acceptance as well, Those analyses are TPH multi scan with silica gel clean -up
by Method 801513, Organic Lead by Method HML 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 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 1 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
Resolution No. 2015 -079 N.C.S. Page 12
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; Summary Report
Following the completion of the soil boring investigation, summarizing 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 stratigi-aphy sununary, a
description of the work performed, an evaluation of laboratory analytical results and conclusions
and recornmendations, 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,
Selieciule
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.
Resolution No. 2015 -079 N.C.S. Page 13
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 $ 4,700.00
Task 02 Soil Boring Investigation
Drilling Contractor (Clear Heart Drilling, Inc.)* $ 5,784.00
Traffic Control (Statewide Safety)* $ 3,080.00
Labor $ 2,570.00
Materials /Equipment 866.00
Subtotal $12,300.00
"subcontractor cost includes prvvniling wage
Task 03 Soil Sample Analysis
Lab Tests $ 4,100.00
Subtotal $ 4,100.00
Task 04 Investigation Derived Waste Disposal
Labor $ 200.00
Materials(Equipment $ 205.00
Waste Disposal $ 595.00
$ 1,000.00
Task 05 Disposal Pre - Approval Packages
Labor $ 2,500.00
Subtotal $ 2,500.00
Task 06 Summary Report
Labor $ 2,100.00
Subtotal $ 2,100.00
Contingency $ 3,300.00
TOTAL ESTIMATED PROJECT TOTAL 30 t�0 .00
• All subcontractor markups are 10% and are included in costs presented above
• 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 pain of this Exhibit
Resolution No. 2015-079 N.C.S. Page 14
hid CLArl. &
SITE LOCATION MAP
with Proposed Boring Locations "GU RE
u N auu Petaluma Blvd N Coondor
I A) I I i A l Petaluma, Cahromia
Ica
cant;mtta x „n,F,.fGun.tt r,tuu�„A
kt, \un,lw (q ii.,r,�,cd Iq I'C &A. KC 0,4 t U,O. „ +119
Resolution No. 2015 -079 N.C.S. Page 15
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 writtcn acceptance
from 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 cvitz,(mutiun. 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 6•om trenching activities for the sewer trunk project. The volume of soil includes a
fluff factor of 30% and was calculated using the following formula; 5,000' L x 4' W x 14.5' D
[ 13 +16/2]127 x 30 %. Of the approximately 14,000 cy of soil generated from trenching activities,
it is estimated that 1,000 ey 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
County Landfill (formerly Sonoma County' Central Landfill, Class 111), Waste Management's
Redwood Landfill (Class Ill landfill), and Waste Connection's Potrero Hills Landfill (Class 11
landfill).
Limited Pre- Constrwctr'on Hazardous Materials hr vestigation
Task 01. Work Plan Pre aratiQon, Permitting, Pre -field Activities, and Pro lvfana ement
Consultant will provide a thorough review of enviromnental 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 encroaclunent 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
Resolution No. 2015 -079 N.C.S. Page 16
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 I 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 -1 1 to 13 feet bgs. From B -1 through B -1 1,
Consultant will collect 4 discrete samples from each boring, the 4 samples from each boring will
be tab 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 Arual,ysis
The soil samples collected from the 11 borings and potential groundwater samples will be
analyzed by the Consultant for constituents known to be in the project alignment and also as pre -
curser-s for disposal acceptance, 'these analyses are TPH multi scan with silica gel clean -up by
Method 801513, volatile organic compounds (VOCs) by Method 8260E (BTEX, oxygenates
included [MTBE]), and LUFT5 Metals by Method 200.8. All samples will be analyzed on
standard 5 day turnaround,
Task 04: Inv_e_stigation Derived Waste Dis a� osal
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 wash/decon
water), After reviewing the laboratory reports from the samples collected from the borings, the
Consultant will coordinate the chum 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 surwriary report, The
report will include results of the envirownental 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,
Resolution No, 2015 -079 N.C.S. Page 17
FEE ESTIMATE — Limited Pre - Construction Investigation
Task 01 Work Plan Preparation, Permitting, Pre -field Activities,
and Project Management
Labor S 4,270,26
Permits 552.00
Subtotal S 4,822.26
Task 02 Soil Boring Investigation
Drilling Contractor (Clear Heart Drilling, Inc.)* $ 3,856.60
Traffic Control (Statewide Safety)' $ 2,970.00
Labor $ 2,300.51
Materials /Equipment $ 846,00
Subtotal $ 9,973.11
'subcontractor cost includes prevailing wage
Task 03 Soil Sample Analysis
Lab Tests $ 2,492,60
Subtotal $ 2,492.60
Task 04 Investigation Derived Waste Disposal
Labor $ 297.00
MaterialsfEquipment $ 418.00
Waste Disposal $ 346.50
$ 1,061.50
"Task 05 Summary Report
Labor $ 2,20I.00
Subtotal $ 2,201.00
TOTAL, ESTTNIATED PROJECT TOTAL 20 O d
• All subcontractor markups are 10% and are included in costs presented above
• 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
Resolution No. 2015 -079 N.C.S. Page 18
Resolution No, 2015-079 N.C.S.
Page 19
'F
U
C)
> /
-E
\
§
\ /)»i
�
�/�
� ƒ /
\h
�
)
H
\�
/
g/
7
Resolution No, 2015-079 N.C.S.
Page 19
Full Pre- Constr- action Hazardous Materials fit vestigation
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 docurr►ents 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 encroaclunent 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
nvesti >af tion
Consultant will oversee 10 seven -hour days of direct -push chilling 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 B -19 to 13 feet bgs, B -19 tluuugh 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 Anal
The soil samples collected £roan tine 70 borings and potential groundwater samples will be
analyzed for constituents needed for "clean" disposal acceptance (per Central Landoll), which
encompasses Class 11 and III disposal requirements for acceptance as well, These analyses are
TPH multi scan with silica gel clean -up by Method 801513, Organic Lead by Method HML 939 -
M, volatile organic compounds (VOCs) by Method 8260 (BTEX, oxygenates included [MTBE]),
PCBs by Method 8080, Phenols by Method 8270, CAMh7 Metals by Method SW6020, and RCl
by SW -846. All samples will be analyzed on standard 5 day turnaround.
Resolution No. 2015 -079 N.C.S. Page 20
Task 04: Investigption 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 five 55- gallon drums of waste will be generated (t soil and 4 wash /decor 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 recommend ations of where which portions of the project alignment should
be disposed ol'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 reap showing the proposed trench soil for disposal to cash 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: Sum many Report
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 envirarmental research,
description of the Nvork 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 CreoTracker.
Schedule
The Consultant anticipates commencing the proposed limited prc- construction hazardous
materials investigation within 3 to 4 weeks of signed contract. The schedule for the proposed
full investigation will be determined after the limited investigation is completed.
Resolution No. 2015 -079 N.C.S. Page 21
FEE ESTIMATE, — Full Pre - Construction Investigation
Task O1 Work Plan Preparation, Permitting, Pre -field Activities,
and Project Management
Labor $ 4,513.26
Permits $ 552.00
Subtotal S 5,065.26
Task 02 Soil Boning Investigation
Drilling Contractor (Clear Heart Drilling, Inc.)* $21,892.40
Traffic Control (Statewide Safety)* $14,850.00
Labor $ 9,629.55
Materials /Equipment 3,180.00
Subtotal $49,551.95
*subcontractor cost includes pf, vaiting. rage
Task 03 Soil Sample Analysis
Lab Tests $64,03490
Subtotal $64,034.90
Task 04 Investigation Derived Waste Disposal
Labor $ 297.00
Materials /Equipment $ 418.00
Waste Disposal S 522.50
S 1,237.50
Task 05 Disposal Prc- 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 5121771.61
• All subcontractor markups are 10% and are included in costs presented above
• 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
Resolution No. 2015 -079 N.C.S. Page 22
O
VO)
0 ca
CJ
LLJ
i ii
E
o
,a�
S.
Resolution No. 2015-079 N.C.S. Page 23
cj
L
AJ -
CD
0
O
w
O
VO)
0 ca
CJ
LLJ
i ii
E
o
,a�
S.
Resolution No. 2015-079 N.C.S. Page 23
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. Tlie 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
S165/llour
Replacement Locking Well Cap (2 ") $26 /cap
Submersible Pump
Project Manager
$1451hour
Senior Field Tech,
$92/hour
Senior Engineer /Geologist
S1391hour
Field/Envi•o.Tech.
$79 /hour
Project Engineer /Geologist
$139/hour
Draftsperson
$73 /hour
Project Field Engineer
$139/liour
Clerical
$60 /hour
Project/Associate Engineer /Geologist
$119llnour
Expert Witness/
$33day (1 day min)
Staff Engineer /Geologist
$99 /11our
Depositions
$225 /hour
Other Charges:
Purge Pump
$20 /day (l day niin)
Replacement Locking Well Cap (2 ") $26 /cap
Submersible Pump
$59 /day (1 day min)
Replacement Locking Well Cap (4 ") $29 /cap
Peristaltic Pump
$45 /day (1 day min)
Truck
$75 1day
Hand Auger/Equip.
S33 /day (1 day min)
Vehicle
$0.75 /mi
Gastech
$50 /day (1 day min)
Sample Tubes (brass)
$8 /tube
PID
$132 /day (I day min)
Sample Tubes (stainless)
$13/tube
Water -level Meter
$33day (1 day min)
Encore Samplers (5 grain)
$11.50 /each
Conductivity Meter
$53 /day (I day min)
DOT 17H 55 -gallon Drums (new)
$53 /drlun
Oil /Water Meter
$53 /day (I day min)
Drums (reconditioned)
$25 /dru n
DO Meter
$53 /day (I day min)
4" Pump
$125 /day
ORP Meter
$40 /day (I day rain)
Floe! Meter
$30 /day
Ozone Meter
S40 /day (1 day min)
Prints and Materials
Cost + 15%
Turbidity Meter
$26 /day (1 day min)
Miscellaneous Expenses
Cost + 15%
Disposable Bailers
$11 /bailer
GPS Survey $150.00 per well .+ travel
Misc. Sampling Items
$33 /day
1000 gal. Water - storage Tank
$17 /day
Replacement Well Lock
$13 /lock
Tlnc fees for other equipment needed to complete a project will be made available at the time of
proposal preparation or contract negotiations.
Resolution No. 2015 -079 N.C.S. Page 24
INSURANCE REQUIREMENTS
EXHIBIT B-2
Consultant's unco of the Scrv|ocn under this Agreement uhuU not comcnoorc uod\
Conxn|{nn( shall have obtained all insurance required under this paragraph and such insurance
ahxU have been approved by the City Attorney as to [bnn and the Risk Manager uo to carrier and
sufficiency. All requirements herein provided xhu}| upyuor ol(hur 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 o[ tile contract all necessary insurance
against claims now and in the future for injuries io persons ordamages \n property which may
mixo Omrn or in connection with the porknlnanuo of the Services by the Cunau|1uoL the
Consultant's ugon*` ,opromo\ta||vox' employees and uu800uback)m. Required pnntexoiouu|
liability insurance o6u|| be nuuiutoincJ at the |cvo] specified herein for the duration of this
Agreement and any extension thereol'and for twelve additional months following the Agreement
termination or expiration,
A. Mininium Scope of Insurance
Coverage oho| be at least as broad ox:
|. Insurance Dcniuuu Office Commercial General Liability coverage:
u. Personal injury;
b. Contractual liability.
2. Insurance Services Office Oonn covering /\utomohUc Liability, code l (ally auto).
3. YYorkum` Compensation innumou: as required by the State of California and
Fmy|oyor^u 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:
\. General IJubUky: �|'Oo0.000 per occurrence for bodily injury, porouou| injury
and property damage. If Commercial General Liability \omurauuu or other Duro
with a general aggregate liability is used, either the general wg&rogu<o limit shall
apply uopxra(w|y to this /\groomoo1 or the gouoru| uO2rogutr |icn|t obuU be twice
the required noouocoon limit.
2. Ao!ncoohi\e Liability: $1,000.000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury hy Accident '$l.008,000 each accident,
Bodily Injury hy[)imcmoo-$|,O00'0O0po\icy|inuiL
Bodily Injury by Disease ' $l'0O0.U00 each employee.
4. 9ro{'euyiouol Liability insurance: $1,080,000.
5. Such other insurance'coverages and limits as may be required by the city.
C. Deductibles and Self-Insured 0etootiwon
Any deductibles or self-insured retentions must be declared to and approved by tile City�
At tile option of the City, cither: the insurer shall reduce or eliminate such deductibles or
Resolution No. 2015-079 N.C.S. Page 25
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 officcrs, officials, employees, agents or voluntecis.
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 whore
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 (to likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A: VII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Resolution No. 2015 -079 N.C.S. Page 26
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
Resolution No, 2015 -079 N.C.S. Page 27
Consultant or subconsultant shall pay the difference between the prevailing wage rates
and the amount paid to each worker for each calendar day or portion thereof for which
each worker was paid less than the prevailing wage rate. If a subconsultant worker
engaged in performance of the Services is not paid the general prevailing per diem wages
by the subconsultant, the Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant fails to comply with all
of the following requirements:
1. The Agreement executed between the Consultant and the subconsultant for the
performance of part of the Services shall include a copy of the provisions of
California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of
per diem wages by the subconsultant by periodic review of the subconsultant's
certified payroll records.
3. Upon becoming aware of a subconsultant's failure to pay the specified
prevailing rate of wages, the Consultant shall diligently take corrective
action to halt or rectify the failure, including, but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to making final payment to the subconsultant, the Consultant shall obtain an
affidavit signed under penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
Resolution No. 2015 -079 N.C.S. Page 28
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:
Resolution No. 2015 -079 N.C.S. Page 29
EXHIBIT D
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or firnding
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 infoimiation, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and /or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Conmiissioner), Environmental Protection Agency and /or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request,
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) cerkifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification,
Resolution No. 2015 -079 N.C.S. Page 30
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract LD: PRE-CONSTRUCTION SOIL ASSESSMENT FOR PETALUMA
BOULEVARD 12" WATER MAIN REPLACEMENT AND PETALUMA BOULEVARD
SOUTH SEWER TRUNK MAIN
Ea 'J- Oka— Date:
(Print Name of Covered Entity/Business Capacity)
By , Y�) I,j A
(Print Name)
(Signature)
Its
(Title /Capacity of Authorized Signer)
Resolution No. 2015-079 N.C. S. Page 31
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL, CODE SECTION 8.36,120
FOR EACH WAGE, 1- 101, 1R, COLLFCTIVE BARGAINING, WORKPLACE SAFETY, F.NVIRONMENI'AL 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 MOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENTOF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL LABOR RELA "11ONS
BOARD, WHICH:
• AFFECTS YOU AS A PROSPFCTIVE: CONTRACTOR, SUBCONTRACTOR, LESSEE,, FRANCHISEE
AND /OR PAR'T'Y TO ANY CITY OF PF'TALUMA AND /OR PETALIJJvIA COMMUNITY
DEVELOPMENT COMMISSION- FUNDED AGRFEMFNT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.3E (LIVING WAGE, ORDINANCE), AND
• I-IA S BEEN F1 LED 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 -] "HE CHARGE
COMPLAINT, CITATION OR FINDING, THE, SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCJI CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE ": J\ J "v'\ T
ATTACH ADDITIONAL PAGES IF NEEDED,
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Resolution No. 2015 -079 N.C.S. Page 32