HomeMy WebLinkAboutStaff Report 5.C 07/06/2015Agenda Item #5.0
� F
DATE: July 6, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan t , . SCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Deputy Director, Public' Works and Utilities
SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement for
Design and Engineering Services for the Capri Creek Flood Reduction and
Habitat Enhancement Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing Execution of
a Professional Services Agreement for Design and Engineering Services for the Capri Creek
Flood Reduction and Habitat Enhancement Project.
BACKGROUND
Flood terracing within the Petaluma Watershed, in concert with the development of a river and
creek front trail system, has been envisioned since the adoption of the River Access and
Enhancement Plan in 1996 and included in the General Plan 2025 adopted in 2008. Once
completed, the restoration of Capri Creek creates an opportunity to develop a stewardship
program with neighboring residents surrounding Sunrise Park, a concept in line with Council
priority to "Expand Adopt -A- Park Program." This project also implements General Plan Policy
2 -P -102 for the Northeast subarea of the City to "Encourage neighborhood adoption and
participation in the restoration of natural habitats (e.g. creeks and urban separator)."
In February 2013, the City authorized the submission of a grant application to the Association of
Bay Area Governments (ABAG) and the San Francisco Estuary Institute (SFEI) to request funds
from the State of California Department of Water Resources (Ca1DWR). The funding structure
established ABAG as the lead grantee and the public agencies as the Local Project Sponsors.
Each Local Project Sponsor is a sub - recipient under the grant and is responsible to fund grant
administration and project management. Petaluma partnered with the Sonoma Resource
Conservation District on the application for Capri Creek. The funding Agreement between the
City and ABAG was executed in fall of 2014. The funding Agreement with the Sonoma County
Water Agency was executed in March of 2015. The project was approved in the FY 16 CIP,
C16301413, in the amount of $1,100,000.
Adopting the proposed Resolution addresses and implements the following Council Goals:
"Maintain a Safe Petaluma ", and "Complete Flood Control Projects ", which includes Capri
Creek.
DISCUSSION
A Request for Proposals was prepared and distributed to four primary firms and one support
services firm for design and engineering services for the project. Two firms partnered to submit a
proposal, two firms declined to submit proposals stating they could not provide adequate and
timely staffing for this project due to other commitments, and the other firm did not respond. The
sole proposal was received from Environmental Science Associates (ESA), with WEST
Consultants, Inc. as a sub - consultant and they are recommended as the firm to provide design
and engineering on this project.
ESA maintains a local office in Petaluma and their staff is very familiar with the Petaluma
Watershed. They are currently supporting the Sonoma County Water Agency by developing
hydraulic and roughness -based maintenance guidelines for the Zone 2A maintained channels in
Petaluma. For Capri, they have teamed with WEST Consultants, who created the City's Flood
Plain computer model used in establishing the new FEMA Flood Insurance Rate Maps.
The project has been found to be consistent with CEQA through the adoption of a Mitigated
Negative Declaration and project approval on May 19, 2014, Resolution No. 2014 -074 N.C.S.
It is recommended that the City Council approve the Professional Services Agreement with ESA
for design and construction phase services in the amount not to exceed $153,460. The proposed
fee exceeds the $126,000 in the CIP budget for design and construction management plans. Staff
will look for savings in the construction contract to off -set the increase.
FINANCIAL IMPACTS
The project is primarily funded by the CalDWR Grant in the amount of $825,000. Matching
funds are provided by the Sonoma County Water Agency from Zone 2A funds in the amount of
$217,000, and approximately $58,000 of in -kind services is contributed by the City for grant
administration and project management. City staff will provide management administration
services to complete the project within the existing budget of $1,100,000. The following table
summarizes the CIP budget and the current estimated cost for the project:
Uses
CIP Budget FY
15/16
Current
Estimate
Design
$
49,000
$
160,000
Legal
$
2,000
$
2,000
Construction Contracts
$
939,000
$
831,000
Construction Management
$
83,000
$
80,000
CIP Overhead
$
27,000
$
27,000
TOTAL
$ 1,100,000
$ 1,100,000
2
Funding Sources
Storm Drainage Impact Fees
(City contribution and
overhead)
$ 58,000
SCWA Zone 2A Assessments
$ 217,000
CaIDWR Grant
$ 825,000
TOTAL
$ 1,100,000
ATTACHMENTS
1. Resolution
2. Location Map
3. Professional Services Agreement
Attachment 1
RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND ENGINEERING
SERVICES FOR THE CAPRI CREEK FLOOD REDUCTION AND
HABITAT ENHANCEMENT PROJECT
WHEREAS, the City of Petaluma has adopted policies calling for the development of
flood terraces and a river and creek trail system; and
WHEREAS, the City of Petaluma has been awarded a grant from the Department of
Water Resources through the Association of Bay Area Governments, as lead grantee, in the
amount of $825,000 for the design and construction of the Capri Creek project; and,
WHEREAS, Petaluma property owners contribute to the Zone 2A funding for surface
water maintenance and capital improvements within the Petaluma Watershed; and,
WHEREAS, the City has approved a capital improvement project (016301413) in the
amount of $1,100,000 for the implementation of the Capri Creek project; and
WHEREAS, the City has received a professional engineering proposal from
Environmental Science Associates for a total price not to exceed $153,460; and
WHEREAS, City staff has determined through a competitive Request For Proposals
process that the firm, Environmental Science Associates, has the knowledge, skill, capability and
experience to complete the project; and
WHEREAS, the project was approved concurrently with the adoption of a Mitigated
Negative Declaration, through Resolution #2014 -074 N.C.S. adopted by the City Council on
May 19, 2014.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute a Professional Services Agreement with
Environmental Science Associates for the design and engineering services for Capri Creek Flood
Reduction and Habitat Enhancement Project in an amount not to exceed $153,460.
11
CAPRI CREEK FLOOD REDUCTION AND
HABITAT ENHANCEMENT PROJECT
PROJECT NO. C16301413
i
Ji.
LOCATION MAP
Attachment 2
706\
Date :JULY 6, 2015
N City of Petaluma
PROJECT SITE W E Public Works and Utilities
S
Department
raga
9
Attachment 3
PROFESSIONAL SERVICES AGREEMENT
Capri Creek Flood Reduction and Habitat Enhancement Project
(Title of Project)
FY 15 -16 Fund # 30300 Cost Center 300880 Object Code 511120 Project # C16301413 Amount $153,370
For multi -year contracts or contracts with multiple accounts:
FY Fund # Cost Center Object Code Project # Amount $
FY Fund # Cost Center Object Code Project # Amount $
FY Fund # Cost Center Object Code Project # Amount $
FY Fund # Cost Center Object Code Project # Amount $
FY Fund # Cost Center Object Code Project # Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into and effective
as of 520 ( "Effective Date "), by and between the City of Petaluma, a
municipal corporation and a charter city ( "City ") and Environmental Science Associates. (ESA),
a California Corporation ( "Consultant ") (collectively, the "Parties").
WI EREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
( "Services ").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B:" Consultant shall submit detailed monthly invoices reflecting, all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $153,370 without prior written. authorization of the
City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant .shall not be paid any
compensation until such time .as Consultant has on file with the City Finance
Department a current W -9 form available from the IRS website (wwwdrs.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES
(1037730) April 2009 6
E. City's obligation to pay compensation to Consultant as provided herein is - -
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
December 31, 2016, unless sooner terminated in accordance with Section 4. Upon
termination, any and all of City's .documents or materials provided to Consultant and any
and all of the documents or materials prepared for City or relating to the performance of
the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon, ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of ,termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilitieg and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. I.,icenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
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 fiunished, 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.
2
PROFESSIONAL, SERVICES AGREEMENT - PREVAILING WAGES
(1037730) April 2009 7
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 imay
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply,. to the full extent applicable, with
the terms and conditions of this Agreement, including but, not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES,
(1037730) April 2009 8
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement_ is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable,requirements of Petaluma Municipal Code, Chapter 8.36,
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 made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES
(1037730) April 2009 9
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided-that (a) a duplicate copy of the notice is promptly delivered
by first -class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness.day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778 -4360.
Fax: (707) 778 -4554
Email: cityclerk @ci.petaluma.ca.us
And:
Dan St. John, Director
Department of Public Works & Utilities .
202 North McDowell Boulevard
Petaluma, CA 94954
Phone: (707) 778 -4546
Fax: (707) 778 -4508
Email: dstiohn@ci.petaluma.ca.us
Consultant: Environmental Science Associates (ESA)
Ann Borgonovo P.E., Vice Pres/Proiect Director
1425 North McDowell Boulevard
Petaluma, CA 94954
Phone: ,(707) 795 -0900 .
Fax:
Email: abor o� novo@esassoc.com .
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a. result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent. of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ( "Indemnitees ") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory. proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability ") of every nature, whether actual, alleged or threatened, arising out of or in
PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES
(103773o) April 200910
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of ,the Consultant arising out of or in connection
with - the Services or Consultant's failure to comply with. any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B -2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B -1, " "B -2, " `B -3, " or "B -4. "]
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
27. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty m the Agreement shall not be construed against the drafter of the
Agreement.
PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES
(1037730) April 200,1 1
28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
29. Non- Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
31. No Third Party Beneficiaries, The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third 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 finial payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above -named officers;
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
7
PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES
(1037730) April 200912
34. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
35. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
36. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties Jn this regard.
IN WITNESS WHEREOF, the parties hereto. have executed this document the day, month and
year first above written.
CITY OF PETALUMA CONSULTANT
$Y
City Manager. Na e
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name: s /CIP/Projects /Capri Creek Restoration/Agreements/ESATSA 0615
"V C—E. pftl�_S t 4 i'.tv
Title r ( (
�.J� G I�B�r n� i . l K G�'U0 0
Address
City State Zip
- -30 8.3 oa s
Taxpayer T.D. Number
043ZS61
Petaluma Business Tax Certificate Number
PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES
(1037730) April 200113
Exhibit A - Scope of Work
Task 1. Project Management
Under Task 1, ESA will host a project kick -off
meeting to introduce key staff, review and define a
project schedule based on City input, and review
the scope of work. Within one -week of the kick -off
meeting ESA will provide a summary of meeting
notes, an updated project schedule outlining
project milestones and deliverable dates, and a
project email contact list.
Task 1 also includes ongoing coordination with the
project team (City, Doble Thomas, ESA, and WEST)
to organize and facilitate project deliverables, As
part of this effort ESA will schedule and lead
progress meetings to summarize completed work,
next steps, and adapt to changing project
conditions, as required. This task includes budget
management and tracking. Each month ESA will
provide a budget summary table and a brief
description of work completed under each task.
Deliverables:
Project design schedule defining key
milestones and deliverable dates to meet
June 2016 to October 2016
implementation (.mpp)
G Project email and contact list
Ongoing project team coordination and
progress meetings (conference calls)
Assumptions:
ESA
..
Task 2. Topographic Survey &
Base Map
Under this Task, ESA will notify Underground
Service Alert (USA) and coordinate with City
personnel to mark existing utilities within the
project footprint. After utility marking is complete,
Doble Thomas &Associates (DTA) will survey
existing site features (trees, irrigation boxes,
utilities, and light poles), utilities marked by the
City and USA, install local benchmarks, and
establish vertical control consistent with the
NAVD88 datum and City of Petaluma XP -Storm
model.
Under Task 2 ESA will combine the DTA survey
points with the existing 1 -foot topographic map of
the site and develop a project base map for design.
Deliverables:
e Topographic base map with 1' contours
and existing features suitable for
construction documents and quantity
take -offs (.dwg & .pdf)
G Installation of survey benchmarks for
project construction
Assumptions:
0 ESA may'use the LWAR data to supplement
the project base map in areas outside the
channel.
Task 3. Preliminary (30 %) Design
The project management task extends Under Task 3, ESA will refine the conceptual design
from the contract execution date through and terracing components in the Capri Creek
June of 2016. Bidding Assistance and ISMND to a 30% complete level design. The 30%
Construction Support services are covered design will include the following project elements;
under Tasks 8 & 10, below.
June 4, 2015 City of Petaluma / Capri Creek Flood Reduction and Habltat Enhancement Project
environmental science associates
14
3 ( Technical Approach and Scope of Services
❑ Excavation of the creek bank terrace and Task 4. Regulatory Agency
minor channel realignment Outreach
❑ incorporation of bioswales
❑ Revegetation of-all graded areas (limited
to southern creek bank terrace)
❑ Construction of a widened
debris /sediment removal basin (with
access) at the downstream end of the
creek
❑ Outreach components (2 kiosks)
The preliminary design documents will contain
sufficient detail to support early community and
regulatory agency outreach including the
development of required environmental permits
discussed in Task 7. The geomorphic basis of
design will be documented in a brief memorandum
that provides the technical basis for key channel
design parameters, including channel slope,
sinuosity, and width. The basis of design
memorandum will be attached as needed to the
permit application packages described below.. See
Task 6 "Floodplain Compliance" for hydraulic
modeling of the 30% design.
Deliverables:
• 30 %- complete restoration design
documents with plan, profile, and typical
section views
• Geomorphic basis of design memorandum
• Preliminary estimate of construction costs
and quantities
• Preliminary plant list for revegetation
UnderTask4, ESA will lead up to two (2) site
meetings with regulatory agency staff to
communicate the project intent and support
implementation permit applications (Task 7). The
first meeting will occur after completion of the
Preliminary (30 %) Design and will focus on
identifying additional analysis or data required by
regulatory agency staff. The second site meeting
will occur after completion of the draft (60 %)
design plans.
Deliverables:
• Pre - application permit kick -off meeting
• Supplemental regulatory agency site
meeting
Task 5. Final Design
Under Task 5 ESA will progress the preliminary
(30 %) design to final design documents (drawings,
technical specifications, and cost estimate) to
support bidding and implementation. For
budgeting purposes, we have assumed the
following project elements are part of the design:
❑ Terrace Excavation —Removal of
approximately 10,000 cubic yards of
material primarily limited to the south
bank and establishment of stable channel
banks through biotechnical or erosion
control measures.
❑ Low Flow Realignment& Channel Habitat
Improvements - Minor grading and /or
removal of rock slope protection to
increase native plant establishment and
formation of complex margin structure (as
required and /or allowed by regulatory
agencies).
June 4, 2015 City of Petaluma / Capri Creek Flood Reduction and Habitat Enhancement Project 2
environmental science associates
15
❑ Creation ofBioswales- Bioswales will be
incorporated as appropriate at one to
three locations where the terrace
topography and hydrology allows.
Bioswales will consist of low gradient,
vegetated areas that capture storm water
runoff and encourages infiltration prior to
enteringthe main channel.
❑ Revegetation & Irrigation - Revegetation of
all graded areas with native species,
including removal of exotics from both
creek banks. Revegetation will include a
temporary (3 -yr) irrigation system
(designed by Contractor, water source
provided by the City) and selection of
native plant species that establish multi -
layered vegetation assemblage (tall woody
tree species and low growing shrubs) in
accordance with WaterAgency stream
maintenance guidelines.
❑ Debris /Sediment Removal Basin -
Construction of a widened
debris /sediment removal basin (with
access) at the downstream end of the
project site to facilitate emergency and
ongoing maintenance requirements.
❑ Educational outreach -Two (2)
educational kiosks with artistic renditions
of project actions and benefits for public
display. Kiosk locations will be determined
based on City input and thefinal grading
plan.
3 1 Technical Approach and Scope of Services
final design subtask are discussed in more detail
below.
Task 6.1 Draft (60 %) Plans,
Specifications Outline, & Estimate
The draft (60 %) submittal will include design plans,
a specifications outline, and an engineer's estimate
developed to the appropriate level of completion.
The 60% design plans will be reviewed by City and
Water Agency staff.
Deliverables:
0 60% design & revegetation plans (1- 22" x
34" hard -copy) and electronic format (.pcl )
® Outline of technical construction
specifications in accordance with City
standards (.pdf)
Task 6.2 Draft Final (90 %) Plans,
Specifications, & Estimate
The draft final (90 %) submittal will include design
plans, specifications, and an engineer's estimate
developed to the appropriate level of completion.
Comments on the 60% plans will be integrated into
the 90% submittal. The 90% design plans will be
reviewed by City and Water Agency staff and
evaluated for hydraulic performance in accordance
with Task 6 "Floodplain Compliance ".
ESA will include specifications for dust control and
environmental protection in accordance with the
project ISMND and permit requirements
established by regulatory agency permits acquired
in Task 7.
ESA will provide progress design submittals at the Deliverobles:
60% (Task 5.1) and 90% (Task 5.2) level - completion
for City and Water Agency review. Comments will 0 90% design & revegetation plans (1- 22" x
be addressed and incorporated into subsequent 34" hard -copy) and electronic format (.pdf)
design submittals. The specific submittals for each
® Technical specifications in accordance
with City standards (.doc)
June 4, 2016 City of Petaluma / Capri Creek Flood Reduction and Habitat Enhancement Project 3
environmental science associates
16
Task 5.3 100% Design Plans,
Specifications, & Estimate
The final (100 %) submittal will include design
plans, specifications, an engineer's estimate, and
bid schedule to support procurement of a
contractor. Comments on the 90% plans and
specifications will be integrated into the 100%
design plans.
Deliverables:
0 100% design drawings (1 -22" x 34" hard -
copy) and electronic format (.pdf)
Technical specifications in accordance
with City standards (.doc)
Assumptions:
0 Testing and special handling of excavated
soils due to chemical concentrations is not
required or will be provided by others.
0 Geotechnical investigations are not
required.
0 Utility relocations are not included or
required.
0 Preparation of Division 0 and 1 documents
(Instructions to Bidders, Contract, General
Conditions, General Requirements, etc.)
will be completed by the City.
0 The City will provide an example technical
specifications template with preferred
formatting (.doc).
0 The City will identify the point of
connection and connection type for the
Contractor - designed temporary irrigation
system.
3 ( Technical Approach and Scope of Services
® Under the construction contract, the
Contractor will hire a Professional Land
Surveyor to survey post - construction
conditions. The Contractor will use this
survey and its field notes to prepare record
(as- built) drawings.
0 The City will provide typical details for its
preferred design for educational kiosks for
reference, and will provide content (e.g.
educational graphics).
0 Anticipated sheet list (to be refined during
design):
Sheet
Description
1
Title Sheet
2
symbols, Notes, & Abbreviations
3
Existing Conditions, Staging & Demolition (1 of 2)
4
1 Existing Conditions, Staging & Demolition (2 of 2)
5
Site Improvements & Grading'(1 of 2)
6
Site Improvements & Grading (2 of 2)
7
Typical Cross Sections
8
Grading Cross Sections (1 of 2)
9
Grading Cross Sections (2 of 2)
10
Details (1 of 2)
11
Details (2 of 2)
12
Revegetation Plan
13
Revegetation Schedule & Details
14
Erosion Control & Revegetation Details
Task 6. Floodplain Compllance
After completion of the preliminary (30 %) design
plans, ESA subcontractor WEST Consultants will
analyze project specific impacts to water surface
elevations forthe 10 -year, 25 -year, 50 -year, and
100 -year flood events. The existing calibrated City
of Petaluma XP -Storm model will be updated to
include additional links within the project footprint,
existing topography surveyed by ESA, and the 30%
(preliminary) design.
June 4, 2015 City of Petaluma / Capri Creek Flood Reduction and Habitat Enhancement Project 4
environmental science associates
17
WEST will utilize rainfall runoff distributions and
flows developed for the 2012 FEMA remapping
effort to quantify hydraulic impacts within the
project footprint and channel segments
immediately adjacent to the project site (upstream
of Maria Drive and Downstream of McDowell
Boulevard) relativeto existing conditions,
WEST will provide the draft hydraulic analysis
results to the City and Water Agency. After
completion of the 90% design plans, WEST will
update the draft XP -Storm model with the 90 %.
design topography and repeat the analysis
performed for the 30% design. Results from this
final hydraulic analysis will be summarized in a
technical memorandum and will be accompanied
by a "No Rise" certification for compliance with the
National Flood Insurance Program (NFIP) and
Federal Emergency Management Association
(FEMA) requirements.
Deliverables:
• Draft (30 %) hydraulic analysis for the 10-
year, 25 -year, 50 -year, and 100- yearflood
events
• Final (90 %) hydraulic analysis and
.summary memorandum forthe 10 -year,
25 -year, 50 -year, and 100 -year flood events
o Complete "No- Rise" certification for City
Floodplain Administrator approval in
accordance with NFIP'and FEMA
requirements
• Updated XP -Storm model files refl ecting
final (90 %) design for City and Water
Agency records
Task 7. Project Permitting
3 1 Technical Approach and Scope of Services
Task 7.1 U.S. Army Corps of Engineers
Section 404 Nationwide Permit
Under Task 7.1 ESA will provide a range of services
to support acquisition of a Corps Section 404
Nationwide 27 permit for the project.
7.1.1 - Wetland Delineation and Pre -
Construction Notice. ESA will prepare a wetland
delineation for Corps verification prior to the pre -
application regulatory field meeting so that
adjustments can be made in -situ and finalized early
in the project timeline. Subsequent to Corps
verification of the wetland delineation, ESA staff
will coordinate with the Corps to discuss the
project and potential impacts on waters of the
U.S., and will prepare a pre - construction notice
(PCN) forsubmittal to the Corps. The PCN will
include the project description, areas of waters of
the U.S. that will be impacted by the project,
project designs, quantities of cut /fill, and other
required information.
Deliverables:
• Wetland delineation
• Completed pre - construction notification
Assumptions:
• Project qualifies for a Nationwide 27
permit
7.1.2 - National Historic Preservation Act
Compliance (Optional). It is anticipated that a
cultural resources study will be required bythe
Crops to satisfy federal interagency coordination in
accordance with the National Historic Preservation
Act. if required, ESA will conduct a limited cultural
resources study that includes background research
and a surface survey in the project Area of Potential
Effects (APE). The study will include a records
search at the Northwest Information Center of the
June 4, 2015 City of Petaluma / Capri Creek Flood Reduction and Habitat Enhancement Project 5
environmental science associates
18
California Historical Resources Information System
to identify previously recorded cultural resources
and studies in the APE, as well as contact with the
Native American Heritage Commission to request
information on known sacred sites in the project
vicinity. As part of this work ESA will complete a
surface survey of the APE to report on existing
(visible) site conditions. ESA will prepare a
technical memorandum that identifies cultural
resources and meets the requirements of the
National Historic Preservation Act (as needed for
Corps 404 permit).
The Corps may approve the Section 404 permit
without SHPO consultation. As such, work
described in this sub -task (7.1.2) will not
commence without written authorization to
proceed. ESA is available to complete National
Historic Preservation Act Compliance within 2
weeks of task authorization.
Deliverables:
a Cultural resources study and
memorandum to support acquisition of
Corps Nationwide 27 permit
Assumptions:
e The APE can be surveyed by one.
archaeologist in a 1/2 day field effort.
3 1 Technical Approach and Scope of Services
state and federal special - status species nearthe
project site. Records indicate the only special -
status species with the potential to occur near the
project site is the California Tiger Salamander (CTS)
(Ambystoma californiense). Based on a preliminary
site review and understanding of the habitat
requirements of California Tiger Salamander (CTS)
(Ambystoma californiense) CTS in the project
vicinity, the site is unlikely to provide adequate
habitat for CTS and therefore the project is unlikely
to adversely affectthis species. Despite this initial
finding, the Corps may still require informal
consultation with USFWS under Section 7 of the
Endangered Species Act to finalize the Section 404
permit. If required, ESA will compile a draft and
final Biological Assessment for CTS which will
characterize existing CTS habitat at the site,
summarize the effect of the proposed project, and
identify mitigation measures to minimize incidental
take, if any. Work under Task 7.1.3 will not
commence without written authorization to
proceed. ESA is available to complete the Biological
Assessment within 3 weeks of task authorization.
Deliverables:
o Draft and final biological assessment for
CTS (.pdf)
Assumptions:
a Formal consultation is not anticipated (no
a No significant cultural or architectural Biological Opinion)
sites or resources or sites will be identified.
a In the event of an inadvertent discovery of
cultural materials or human remains, ESA
will make recommendations for additional
work will be provided (e.g, site evaluation,
during project implementation, etc.).
7.1.3 - USFWS Biological Assessment (Optional).
ESA conducted a preliminary CNDDB search for
We assume that because Capri Creek is not
a fish - bearing stream, that Section 7
consultation with National Marine
Fisheries Service (NMFS) will not be
required.
June 4, 2015 City of Petaluma/ Capri Creek Flood Reduction and Habitat Enhancement Project 6
environmental science associates
19
Task 7.2 CDFW Lake & Streambed
Alteratlon Permit
The Capri Creek project will include temporary and
permanent impacts to riparian and stream habitats
regulated by CDFW under Section 1600 of the
California Fish and Game Code. Under Task 7.2, ESA
will prepare a Notification for Streambed Alteration
for construction activities that would result in
temporary and /permanent impacts to Capri Creek.
The application will include a project description,
cut /fill quantities within CDFW jurisdiction, and
other required information.
Deliverables:
® Lake & stream bed alteration permit
application (CDFW 1602)
Task 7.3 RWQCB CWA Section 401
Water Quality Certification
The site may support waters of the State.
Therefore, permits from the RWQCB under Section
401 of the Clean WaterAct and the Porter- Cologne
Water Quality Control Act would be required for
project impacts to state waters. Under Task 7.3 ESA
will prepare a Request for Water Quality
Certification and submit it to the RWQCB.
Deliverables:
o Completed RWQCB Water Quality
Certification (401) permit application
Task 8. Bidding Assistance
During the construction contractor bidding
process, ESA will assistthe City of Petaluma with
specific tasks associated with bidding as requested,
fortasks such as 1) attendance at one contractor
pre -bid meeting; preparation of bid addenda
and /or response to bidders' questions. At this.
stage of the project, it is difficult to estimate the
level of effort needed for this task, so we propose
compensation on a time and materials basis. We
3 i Technical Approach and Scope of Services
have budgeted 16 hours for bidding support; we
can provide additional services at your request.
Deliverables:
O Attendance of pre -bid meeting
Preparation of one bid addendum and /or
response to bidders' questions
Task 9. Preconstruction Surveys
A single reconnaissance -level plant and wildlife
survey will be performed by a qualified biologist to
determine the potential presence of special- status
plant and wildlife surveys 14 days prior to
construction. The botanical survey will focus on the
absence of specialized habitat that could support
special- status plants (e.g., vernal pools) in making a
determination of species' presence or absence. The
concurrent wildlife assessment will review and
`clear' the project site to verify the absence of
special- status wildlife species. The wildlife
assessment will focus on locally - occurring species
such as California tiger salamander, California red -
legged frog, raptors, and special- status bats. During
the visit, ESA's biologist will also review all visible
lands within 500 feet of the site for nesting bird
activity. The results will be coordinated back to the
City with recommended buffer distances around
any active nests, if identified. If needed, ESA can
also assist.in coordinating survey findings with the
CDFW. The results will be summarized in a brief
letter reportthat identifies survey findings.
Deliverables:
o Preconstruction special status species
survey (no more than 14 days prior to
construction)
a Preconstruction nesting bird survey acid
recommended buffer distances
June 4, 2015 City of Petaluma / Capri Creek Flood Reduction and Habitat Enhancement Project 7
environmental science associates
® Letter report summarizing results of
preconstruction surveys
Assumptions:
This task does not include onsite biological
monitoring during construction. ESA can
provide a scope of work for biological
monitoring if permit conditions require.
Task 10. Construction Support
Under this task, ESA will assist the City with
construction support as requested during project
implementation. Services under this task may
include 1) attending. pre-construction meetings, 2)
performing site visits to clarify intent and assist
with field - fitting of project elements, 3) reviewing
Contractor's submittals, 4) responding to requests
for information (RFIs) and clarifications, and /or 5)
preparing change orders for approval by the City, if
needed.
We understand that the City will lead construction
inspection and management, including observation
and review of contractor's daily operations, status
of work and management of the project schedule.
ESA will support the City as requested. At this stage
of the project, it is difficult to estimate the level of
effort needed for this task, so we propose
compensation on atime and materials basis. We
have budgeted 56 hours for bidding support; we
can provide additional services at your request.
Based on our understanding of the project the
anticipated construction schedule will be spread
over twelve (12) weeks (60 calendar days) with an
approximately six week period of high activity.
Deliverables:
o Attending pre- construction meeting
3 i Technical Approach and Scope of Services
® Site visits during construction (up to 12
two -hour visits)
Review of Contractor's submittals (up to 2)
and responding to requests for
information (RFIs) and /or clarifications (up
to six)
Assumptions:
® City wilt perform administration and
management of the construction contract
(review and approval of requests for
payment, tracking of submittals, etc.).
June 4, 2015 City of Petaluma / Capri Creek Flood Reduction and Habitat Enhancement Project 8
environmental science associates
21
t
@
�
E a)
v
§
�
3
�
as
3
�
§
$
�
a)
k
Li-
14
9)
U
.
CL
U
§
2
k
CL
t
�
U
/
&
w
uj
0
2
ui
k
§
0)
m
/k
E& k
\/k
f)\
\\\
«•;�
§2 !7
! ǤEk
\k /{2
lm2,|
)\a$;
E2kk!
■§ /f$
��ak!
/!jam
w),a�
i■ =`!
$[]kt
§»i §)
§(( §(\
\
(
§
§
FF
22
INSURANCE REQUIREMENTS
EXHIBIT B -2
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General 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
Exhibit B2
Page 1 of 2
INSURANCE REQUIREMENTS (City)
(609325) Apri1201023
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
ANIL
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREN ENTS (City)
(609325) April 201Q 4
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 an d 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 fof
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, inadverteince, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had knowledge of their obligations under the California Labor Code. The
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 et seq.
(1037770) (Sept 2007)
25
Consultant or subconsultant shall pay the difference between the prevailing wage rates
and the amount paid to each worker for each calendar day or portion thereof for which
each worker was paid less than the prevailing wage rate. If a subconsultant worker
engaged in performance of the Services is not paid the general prevailing per diem wages
by the subconsultant, the Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant fails to comply with all
of the following requirements:
1. The Agreement executed between the Consultant and the subconsultant for the
performance of part of the Services shall include a copy of the provisions of
California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of
per diem wages by the subconsultant by periodic review of the subconsultant's
certified payroll records.
3. Upon becoming aware of a subconsultant's failure to pay the specified
prevailing rate of wages, the Consultant shall diligently take corrective
action to halt or rectify the failure, including, but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to making final payment to the subconsultant, the Consultant shall obtain an
affidavit signed under penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
2
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 e1 seq.
(1037770) (Sept 2007)
26
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 fumished 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:
3
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 et seq.
(1037770) (Sept 2007)
27
EXJEUBIT D
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CJEIAPTER 8.36
The City of Petaluma Living Wage Ordinance. ( "Ordinance "), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between
the City of Petaluma ( "City ") and/or the Petaluma Community Development Commission
( "PCDC ") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ( "covered entities ").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
O Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
o Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/,or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or, request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
28
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: Capri Creek Flood Reduction and Habitat Enhancement Project
e,JCS �i
Date.
(Print Name of Covered Entity/Business Capacity)
(Print Name)
(ignature)
Its V (� w
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
29
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND /OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION- FUNDED AGREEMENT OR BENEFIT SUBJECT•TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE ": �I w l �
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
30