HomeMy WebLinkAboutResolution 2010-200 N.C.S. 11/01/2010Resolution No. 2010 -200 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. I TO PROFESSIONAL DESIGN SERVICES AGREEMENT
FOR ENGINEERING AND DESIGN SERVICES FOR THE
WATER MAIN REPLACEMENT EAST WASHINGTON STREET PHASE 2 PROJECT
WHEREAS, the General Plan 2025 identified the need to replace the water mains in East
Washington Street from McDowell Blvd. to the Petaluma River; and,
WHEREAS, this project includes replacement of the old and deteriorated water mains on
East Washington Street between Edith Street and the Petaluma River Bridge; and,
WHEREAS, this project requires the services of a quality professional engineering firm
familiar with the engineering and design of municipal water mains; and,
WHEREAS, West Yost Associates responded to the City's Request for Proposals (RFP)
and was chosen based on their proposal, reputation, and experience in design of municipal water
mains; and,
WHEREAS, West Yost Associates' ability to produce superior quality work on complex
engineering projects has been demonstrated with over 25 years of engineering and design
services for Northern California municipalities; and,
WHEREAS, the City entered into a Professional Design Services Agreement on April
14, 2010 with West Yost Associates for Engineering and Design Services for Water Main
Replacement East Washington Street from Highway 101 to Edith Street, Project No 67401001;
and,
WHEREAS, staff recommends the City execute Amendment No. 1 to professional
design services agreement with West Yost .Associates for the East Washington Street Water
Main Replacement Project to provide services for the expanded project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
Resolution No. 2010 -200 N.C.S. Page 1
1. Authorizes the City Manager to sign the attached Amendment No. 1 to the
Professional Design Services Agreement for engineering and design services for
Water Main Replacement East Washington Street Phase 2 with West Yost Associates
in the amount not to exceed $99,067.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approv d s to
Council of the City of Petaluma at a Regular meeting on the I" day of November, fo
2010, by the following vote:
City Attorn.
AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk Mayor
Resolution No. 2010 -200 N.C.S. Page 2
Attachment 2
AMENDMENT NO. 1
To
PROFESSIONAL. DESIGN SERVICES AGREEMENT
Engineering and Design Services for Water Main Replacement
East Washington Street from Highway 101 to Edith Street
Project No. C67401001- 30300 -54110
THE AGREEMENT made and entered into on April 14, 2010 by and between the City of
Petaluma, a Municipal Corporation and a charter city (hereinafter referred to as "City") and West
Yost Associates (hereinafter referred to as "Consultant ") is hereby amended to include the
following:
1. Services described in Paragraph 1 of the original agreement shall be modified to
include the design of water main replacement on E. Washington Street between Edith
Street and the Petaluma River Bridge as described in Exhibit "A" attached.
2. The Term described in Paragraph 3 of the original agreement, as amended by
Amendment No. 3, shall be changed from to June 30, 2011 to December 31, 2011.
3. The cost for the additional services shall not exceed $99,067. This amendment
increases the total contract amount as described in Paragraph 2C from $99,536 to
$198,603.
THIS AMENDMENT NO. 1 is hereby executed this day of 1 2010.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
PR )ED:
Interi artment Director
By
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City State Zip
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Taxpayer I.D. Number
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Petaluma Business Tax Certificate Number
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Resolution No. 2010 -200 N.C.S. I Page 3
Attachment 2
E Washington WM
West Yost PSA
Amendment 1
Page 2 of 2
APPROVED:
Risk Manager
APPROVED:
Interim Finance Director
S:\COWATER\C67401001 E Washington Water Main Replacement (Edith to Hwy] 01)\Agreements \W Yost\amendment I Am
Resolution No. 2010 -200 N.C.S. Page 4
Attachment 2
WEST YOST
�tS
ASSOCIATES
AMENDMENT NO.1
TO
PROFESSIONAL DESIGN SERVICES AGREEMENT BETWEEN
CITY OF PETALUMA AND 'WEST YOST ASSOCIATES, INC.
FOR
ENGINEERING AND DESIGN SERVICES FOR WATER MAIN REPLACEMENT
EAST WASHINGTON STREET FROM HIGHWAY 101 TO EDITH STREET
(PROJECT NO. C67401001)
DETAILED SCOPE OF SERVICES
This document summarizes the scope of services to be included in Amendment 1 to the East Washington
Street 18" Water Main Replacement (Highway 101 to Edith Street) (Project No. C67401001) project.
Amendment I includes design, and bid period services for the East Washington Street 18" Water Main
Replacement (Edith to Bridge) (C67401002) for installation of approximately 2,300 additional linear feet
of 18 -inch diameter water main to replace three existing 6, 8 and 10 -inch diameter cast iron water mains in
East Washington Street between the Edith Street and the Petaluma River Bridge (Segment 2). The City
intends to bid and construct Segment 2 separately from work included in original contract, so contract
documents will be developed for Segment 2 independent of the original contract.
Task 11. Project Management
This task will include project management activities, including day -to -day administration, progress
meetings and technical reviews, as defined in the original contract.
Task 12. Agency Coordination and Permitting
This task will include coordination and permit application work for railroad crossing.
Subtask 12.1— Railroad. West Yost will assist the City in preparation of foreign pipeline crossing permit
application for work for crossing railroad right -of -way.
Deliverables: Permit application assistance.
Task 13. Design
This task includes preparation of Contract Documents and cost estimates for Segment 2. Five sets of plans
and specifications will be submitted to the City for review at the 65, 90 and 100 percent completion levels.
West Yost will address comments and submit one hardcopy set and one electronic set of final drawings
and specifications to the City for bid advertisement and distribution. The project shall be designed utilizing
existing topography provided by the City. West Yost shall utilize suitable quality control standards to
develop design documents that are consistent with professional standards observed by a qualified
practitioner of the profession.
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Resolution No. 2010 -200 N.C.S. Page 5
Attachment 2
Subtask 13.1 —Field Stirvey. West Yost will use the topography provided by the City for development of
the design drawings. West Yost will verify surface structures and general survey completeness by visual
inspection. Because all work is to be performed in public streets, surveying to locate property lines or
preparation of easement documents is not included.
Subtask 13.2 — Utility Coordination. At the beginning of the design phase, West Yost will work with the
City Staff to identify all available utility data from previous project record drawings. Utility coordination
letters will be mailed by West Yost to all known public and private utility companies within the project
area to identify utility locations. Preliminary drawings will also be mailed to the affected utility companies
following the 65 percent design submittals. The City will verify data for City owned utilities including
water, sewer and storm drain facilities. West Yost will coordinate with the City and develop a plan
showing proposed pothole locations for the City's potholing contractor.
Subtask 13.3 — Drawings. Drawings will be prepared using AutoCAD software and English Units of
measurement. The design will include approximately 2,300 linear feet of 18 -inch diameter water main
installed by open cut construction methods, a railroad crossing installed by bore and jack, and in -place
abandonment of three existing pipelines. The design drawings will be plotted on D size sheets at a scale of
1 " =20' horizontal and 1" = 2' vertical plan and profiles and appropriately scaled details. Drawings at
1 " =5' horizontal scale will be prepared showing details of connections to existing water lines as required
to facilitate construction phasing. West Yost will prepare a base map at a scale of 1 "=40' that will be used
by the contractor to develop a traffic control plan. The City will provide the topographic survey
information in AutoCAD format for use in the design.
Subtask 13.4 -- Specifications. Specifications will be prepared in Microsoft Word format. West Yost will
prepare technical specifications, notice inviting bids, instructions to bidders, bid schedule and
supplementary general conditions based on City Standard Specifications. City will provide contract
documents, general conditions and general requirements in Microsoft Word Format.
Subtask 13.5 —Cost Estimate. West Yost will develop a construction cost estimate at the 65 percent,
90 percent, and 100 percent design completion levels.
Deliverables: Five sets of draft plans (1 /x17) at 65, 90 and 100 percent completion levels. Five sets of
draft specifications at 90 and 100 percent completion levels. One set of final plans and specifications for
bid advertisement. One set of electronic drawing and specification files. Cost estimate at 65, 90 and
100 percent completion levels.
Taskl4. Bid Period Services
The purpose of this task is to assist the City during the bidding phase of the Project. The City will
advertise and distribute bid documents.
Subtask 14.1— Addenda. West Yost will prepare addenda during the bid period to be distributed by the
City.
Subtask 14.2 — Prebid Meeting, Bidder Inquiries, and Bid Evaluation. West Yost will conduct one prebid
meeting and prepare the meeting minutes for distribution. All bid inquiries will be routed through the City.
August 26, 2010 2 City of Petaluma
West Yost 702 -00 -10-04 C67401(701
Amendment 1
Resolution No. 2010 -200 N.C.S. Page 6
Attachment 2
West Yost will provide support in answering bidder's technical questions during the bid period. West Yost
will also assist City in bid evaluation.
Deliverables: Addenda, prebid meeting minutes, phone conversation records, bid tabulation sheet.
Task 15. Hazardous Materials Assessment
The purpose of this task is to provide a pre- construction hazardous materials assessment for Segment
which will evaluate the potential for encountering hazardous materials during construction. The work will
characterize the soil and groundwater to provide the data necessary to apply for acceptance from
appropriate disposal facilities. The work will include drilling 10 exploratory borings and collecting up to
14 composite samples and 3 groundwater samples for characterization. The work will be completed by our
subconsultant, ECON. West Yost will review the Summary Report and reflect important information in
the project specifications.
Subtask 15.1— Planning and Permitting. ECON will prepare a work plan and a site safety plan for the
drilling operations. ECON will also secure a drilling permit from the Sonoma County Environmental
Health Department.
Subtask 15.2— Conduct Fieldwork. ECON will direct, oversee, and document drilling and collection of
samples. The drilling will be completed during two full day mobilizations.
Subtask 15.3 — Disposal of Waste. The soil cuttings and waste (assumes up to 5 55- gallon drums) will be
transported to a City corporation yard by the drilling contractor for temporary storage pending analytical
results. ECON will prepare a disposal package and coordinate the expedited disposal of the drums.
Assumes disposal of Class III material.
Subtask 15.4 -- Disposal Pre - approval Packages. ECON will prepare proposal packages for the Sonoma
County Central Landfill and other disposal facilities (Redwood Landfill in Novato and Hay Road Landfill
in Vacaville), if necessary.
Subtask 15.5 — Project Summary Report. ECON will prepare a report presenting the results of the
hazardous materials assessment to be made available to bidding contractors.
Deliverables: Summary Report.
Task 16. Potholing
The purpose of this task is to provide potholing by vacuum extraction excavation, to verify the horizontal
and vertical location of selected utilities. The work will be completed by our subconsultant, Bess Testab,
Inc.
August 26, 2010
West Yost 702-00 -10 -04
City of Petaluma$
067401001
Amendment 1
Resolution No. 2010 -200 N.C.S. Page 7
Attachment 2
Subtask 16.1 — Potholing. Bess Testlab will prepare a traffic control plans for City review and approval,
set up traffic control, coordinate with Underground Service Alert, and perform up to 20 potholes along
East Washington Street between Highway 101 and the Petaluma River. Bess Testlab will obtain an
encroachment permit from the City prior to any work. Fees will be paid by the Department of Water
Resources and Conservation.
Deliverables: Pothole tables to be included on Design Drawings.
August 26, 2010
West Yost 7024)0 -10 -04
City of Petaluma
C674010&
Amendment 1
Resolution No. 2010 -200 N.C.S. Page 8
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Attachment 2
PROFESSIONAL DESIGN SERVICES. AGREMMEN.T
Engineering:and Design Services for Water'Main Replacement
East Washington Street from Highway 1.0.1 to Edith Street
(Title of Project)
FY 09%10 Fund # 6700 - 67999 Exp. Acct. # 54110 Project # C67401001 Amount $ 99.536
THIS PROFESSIO,: AL DESIGN SERVICES AGREEMENT ('Agreement") is entered into and
effective as of h , .20. /0 ( " Effective Date "), by and between the City of
Petaluma, a munici al corporation: and a charter city ( "City ".) and West Yost Associates, a
California Corporation ( "Consultant ") (collectively, the "Parties ").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under °the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. Services Consultant shall: provide the services as described in and in accordance with
the 'schedule .set. forth. in Exhibit "A" attached hereto and incorporated herein
("Services")..
2. C6mpensation;:11usin699 Tai Certificate
A. For :the hill performance of the Services as described herein, City shall
compensate - Consultant under the following terms: time and materials
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during -the. preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall 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
1
PROFESSIONAL DESIGN SERVICESIAGOEMENT- PREVAILING WAGES (Manage #1037751
April 20
Resolution No. 2010 -200 N.C.S. Page 10
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THIS PROFESSIO,: AL DESIGN SERVICES AGREEMENT ('Agreement") is entered into and
effective as of h , .20. /0 ( " Effective Date "), by and between the City of
Petaluma, a munici al corporation: and a charter city ( "City ".) and West Yost Associates, a
California Corporation ( "Consultant ") (collectively, the "Parties ").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under °the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. Services Consultant shall: provide the services as described in and in accordance with
the 'schedule .set. forth. in Exhibit "A" attached hereto and incorporated herein
("Services")..
2. C6mpensation;:11usin699 Tai Certificate
A. For :the hill performance of the Services as described herein, City shall
compensate - Consultant under the following terms: time and materials
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during -the. preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall 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
1
PROFESSIONAL DESIGN SERVICESIAGOEMENT- PREVAILING WAGES (Manage #1037751
April 20
Resolution No. 2010 -200 N.C.S. Page 10
Attachment 2
compensation to' be: paid for such services.; In no, case shall. the total compensation
under this Agreement. exceed $99,53 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 current information requested on the "Vendor Information" form
available from City, 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.
Term The term of this Agreement commences on the Effective Date, and terminates on
June 30, 201.1 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.
ConsultanCs Representation: Independent Contractor Consultant represents that
Consurfant 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 of agents of City. This Agreement shall not be
construed as an agrcement for employment.
6. Facili'ti'es •aud. Equipment Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
PROFESSIONAL DESIGN SERVICES AGREEMENT — PREVAILING WAGES (City) (Manage N 1037755 2
April 2
Resolution No. 2010 -200 N.C.S. Page I 1
Attachment 2
Agreement City shall furnish to Consultant no,facitities or -equipment, unless the City
otherwise agrees in writing toq provide the same:
. Licenses, Permits, Etc. Consultant shall, at Consul'tant'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.
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
thi's.Agreement.
9. Iitstiection - 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 fumished 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. Prozress 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 halving such 'a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is, an officeror 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.
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
PROFESSIONAL DESIGN SERVICES AGREEMEN "r— PREVAILING WAGES (City) (iManage #10377551 3
April 2
Resolution No. 2010 -200 N.C.S. Page 12
Attachment 2
prepared in. .a substantial,: first class and _workmarifike inahner and conform to the
standards of .Consultant's profession. All such instruments .of service shall become the
sole and .excl'usive. property of City upon delivery of the same.
15. Assiyaent/Transfer No assignment or transfer in. whole or in part of this Agreement
shall be made without the prior written consent of City.
16. S.ubeontract:ors 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. Such. laws include but are not limited to
the California Prevailing Wage Law, California Labor Code Section 1720 et seq. This
Agreement •is subject to the: requirements of the California .Prevailing Wage Law, 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. 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. 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:
19. 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 the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal. de livery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
PROFESSIONAL DESIGN SERVICES AGREEMENT- TREV'AILING WAGES (City) (Manage #103775i ' ,i
April 2
Resolution No. 2010 -200 N.C.S. Page 13
Attachment 2
deemed delivered on receipt if delivery is.confirmed by a•,retum 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
Telephone: (707) 778 -4360
Facsimile: (707) 778 -4554
And:
Patricia A. Gothard,.P.E.
City.of Petaluma
202 N. 1ylcDowell.Blvd.
Petaluma, California 94954
Telephone; (70:7) 778 -4546
Facsimile: (707) 778 -4508
Consultant: John.D. Goodwin, P.E.
West Yost. Associates
131A Stony Circle
Santa Rosa, CA 94501
Telephone: (707) 543 -8506
Facsimile: (707) 543 -8509
20. 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.
21. Indemnification Consultant shall, to the fullest extent allowed by law, with respect to
all services performed in connection with this Agreement, defend with counsel acceptable
to City,, indemnify, and hold City, its officers, employees, agents and volunteers
( "lndedinitees "), harmless from and against any and all claims that arise out of, pertain
PROFESSIONAL DESIGN SERVICES AGREEMENT — PREVAILING WAGES (City) (iManage H10377551 5
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Resolution No. 2010 -200 N.C.S. Page 14
Attachment 2
to, or relate to the ,negligence, recklessness or w'llfil :misconduct of the Consultant,
( "Claims "). Consultant will bear all. losses, costs, .damages . expense and liability of every
kind, nature and description that arise out of, pertain to, or relate to such'Claims, whether
directly or indirectly. 'With, respect to third party Claims ,against the Consultant, the
Consultant waives any and all rights of any type of express of implied. indemnity against
the Indemnitees.
In addition, and notwithstanding the foregoing, to the extent this Agreement is a
"construction contract" as. defined by California Civil Code section 2783, as may be
amended from time to time, such duties of Consultant to indemnify shall not apply when
to do so would be prohibited by California Civil Code Section 2782.
22. Insurance Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B - attached hereto and incorporated herein'by reference. [Indicate attached
exhibit,- e.g., "B -.1 "or "B -2. "]
23. Amendment This Agreement may be amended only by a written instrument executed
by both Parties.
24. Litigation If litigation ensues which pertains . to the subject matter of Consultant's
r services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee
25. Construction This .Agreement is the product of negotiation and compromise on the part
of both Parties and that Parties agree that, notwithstanding Civil .Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
26. Governing: Law; Venue This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma.. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of °Sonoma, State of California.
27. Non- Waiver The City's failure to enforce any provision of this Agreement or the
waiver thereof in a. particular instance shall not be construed as a general waiver of any
part of`such,provi'sion. The provision shall remain. in full force and effect.
28. Severa-bility.. 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'f ill force and effect.
29. No Third Party Beti4ciaries The Parties do not intend to create, and nothing in this
Agreement shall be. construed to create any benefit or right in any third party.
PROFESSIONAL DESIGN SERVICES AGREEMENT— PREVAILING WAGES (City) (iManage #1037755
April 200 6
Resolution No. 2010 -200 N.C.S. Page 15
Attachment 2
30. Mediation The Parties agree to make, a good.faith. attempvto 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.
31. Cons.ultanV,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 a for•. any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall; maintain all documents and records which demonstrate
performance under this Agreement for a miriimum .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 p r ' ovided to the City for .inspection at Petaluma City Hall
when -it is practical to o 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.
32. 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.
33. Survival All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive� termination of this Agreement.
34. Entire Agreement This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services and :supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
PROFESSIONAL DESIGN SERVICES AGREEMENT — PREVAILING WAGES (City) (Manage H 1037755
April 2008
Resolution No. 2010 -200 N.C.S. Page 16
Attachment 2
IN WITNESS WHEREOF, the parties hereto have executed. this. document the day, month and
year first above written.
CITY OF PETALUMA
City Manager_
ATTEST.:
City Clerk
APPROV `rAS TO FO I RM:
City Attomey
APPROVED:
e Director
APPROVED:
10
s
APPROVED:
Finance Director
CONSULTANT
By � � C -
Nam
Title
51 C 12t-C )CO
Address
r� (LOS q G� 14
City State Zip
- 03'10g Zb
Taxpayer I.D. Number
Petaluma. Business Tax Certificate Number
file name: S'A\CIP\WATER \C67401001 E Washington IS Water Main Replacement (101 to Edith)\Agreemcnts \W Yost \PDSA
PROFESSIONAL DESIGN SERVICES AGREEMENT — PREVAILING WAGES (City) (iManage k 103771
April-2009 8
Resolution No. 2010 -200 N.C.S. Page 17
Attachment 2
Exhibit " A "
DETAILED SCOPE OF SERVICES
This document summarizes the scope of services; including design, bid. period' and,construction support services, to be
provided to the-City of Petaluma (City) by West'Yost Associates (WYA):for Water %in.Replacement East Washington
Street Project No. C67401001, from Highway 101 to Edith Street. The project includes installation of approximately
2 linear feet of. l.8 -inch diameter water main to replace three existing 84nch and l0 -inch diameter cast iron and steel
water mains in East Washington Street between Edith Street and Highway 101.
Task 1. Project Management
This task will include project management activities, including day - to-day administration, progress meetings and technical
reviews..
Subtask 1.1— Project. Administration. Monitor progress of individual tasks.and coordinate completion of work products.
Monitor task budgets and project schedule:
Subtask 1.2— Progress Meetings. Attend up to siz meetings during the design phase. with City staff to discuss and review
progress and significant, action items. WYA will prepare and submit meeting agendas and minutes. WYA will submit
draft - meeting minutes within one week of the date - of the meeting.
Subtask 1.3= Technical Reviews. Technical reviews will be conducted. by the Principal -in- Charge, Project Manager, and
a senior staff member not directly involved in the. project. Technical review documentation will be provided to the City
upon request.
Subtask 1.4— Project Schedule. Proyide project schedule including milestones for project deliverables, team and council
m'eeti'ngs. Schedule will be provided in hard and electronic versions. in Microsoft Project'format. Schedule will be
submitted at the first and second design meetings and will be'updated and delivered with each plan set deliverable.
Deliverables: Meeting agendas, meeting minutes project schedule updates.
Task 2. Agency Coordination and. Permitting
This task will include coordination with Caltrans and Caltrans' consultant, URS Corporation, for widening of the East
Washington Street over crossing. CEQA processing will be performed by City star.
Stikask.2.I= Caltrans and URS. WYA will attend up to two meetings with.Caltrans officials and URS to the
pipeline design is seamless with roadway design. WYA will assist the City in preparation of encroachment permit
application for work within Caltrans r.iglit -of way.
Deliverables: Meeting. minutes. Permit application assistance.
Task 3. Design
This task includes preparation of C.ontract:Docurnents and cost estimates for the project. Five sets of plans and
specifications will be submitted to the City for review at the 65, 90 and 1.00 percent: completion levels. WYA will address
comments and.submitone hardeopy, set and one electronic set of final drawitigs and specifications to the City for bid
advertisement and distribution. The project shall be designed utilizing existing topography provided by the City. WYA
lL
Resolution No. 2010 -200 N.C.S. Page 18
Attachment 2
shall utilize suitable. quality control standards:to develop - design documents that are consistent with professional standards
observed by a qualifed.pracfitioner of the profession.
Subtask 3. I —Field Survey. WYA will use'the: topography'Pr ' 'ded.by the. City. fordevelopment.of the design drawings.
WYA will verify surface shuctures•and general.survey completeness by visual' inspection. Because all work is to be
performed in public streets, surveying to locate-property lines or preparation of'easement documents is not included.
�Subtask 3.2 1tility Coordination. At.the: beginning of the design phase, WYA will work with the City Staff to identify
all availableutility data from previous, project record drawings. Utility coordination letters will be mailed by WYA to all
known public and private utility companies within the.project area.to identify utility. locations. Preliminary drawings will
also be mailed to the affected utility companies following the 65 percent design submittals. The City will verify data for
City owned utilities including water, sewer;and storm drain facilities. WYA will coordinate with the City and develop a
plan showing, proposed pothole locations for the .City's potholing contractor.
Subtask 3.3- 0rawings. Drawings will be:prepaeW using AutoCAD software and English Units of measurement. The
design will includ'e.approximately 2,500 Iinear feet _of .18-inch diameter water main installed by open cut construction
methods, and in- place abandontnenttof three existing pipelines. The design drawings will be plotted on D size sheets at a
scale of 1 " =20' horizontal and 1" = 2' vertical plan and profiles and appropriately scaled details. Drawings at 1 " =5'
horizontal scale will be prepared : showing details ofconnections to existing waterlines as required to facilitate
construction phasing. WYA will prepare a base map at a scale of 1 "=40' that will be used by the contractor to develop a
traffic control plan. The City will provide the topographic survey information in AutoCAD format for use in the design.
Subtask 3.4— Specifications. Specifications will be in Microsoft Word format. WYA will prepare technical
specifications, notice inviting .bids,, instructions to bidders, bid schedule -and supplementary general c6nd.itions based on
City Standard Specifications: City will provide contract documents, general conditions +and general requirements in
Microsoft Word Format.
Subtask 3.5 —Cost Estimate. WYA will develop a construction cost estimate at the 65 percent 90 percent, and 100
percent design completion levels.
Deliverables: Five sets of draft plans (11x/7) at 65, 90 and 100 percent completion levels. Five sets of'drafl specifications
at 90 and 100 percent completion levels. One .set of final plans and specifications for bid advertisement. One set of
electronic drawing and specifrcdtion files: Cost estimate at 65,. 90 and 100 percent completion levels.
Task:4. lBid.Penod Services
The purpose of this task is, to assist'the City'during the bidding phase of the Project. The City will advertise and distribute
bid documents.
Subtask 4.1= Addenda: WYA will prepare addenda during the bid period to be distributed by the City. .
Subtask 4.2— Prebid Meeting Bidder [ nquiries and Bid Evaluation. WYA will conduct one prebid meeting and prepare
the meeting minutes f o r d istribution. All bid inquiries will be routed through the City. WYA will provide support in
answering bidder's technical. - questions during the bid period. WYA will also assist City in bid evaluation.
Subtask 4:3— Preparation of.Base Map and Record Drawings. WYA will also prepare record drawings based on
contractor's mark -up of.'as- builf�conditions. The record drawings will be submitted in electronic format compatible with
Autodesk Map 2007. Record drawings will also be submitted in PDF format compatible with Adobe Acrobat Writer 9.0.
20
Resolution No. 2010 -200 N.C.S. Page 19
Attachment 2
Deliverables: Addenda, prebid meeting minutes, phigne bid tabulation sheet.
'task 5. Hazardous Materials Assessment
The purpose.of this task'is to provide a pre- construction hazardous materials assessment which will evaluate the potential
for encountering. hazardous materials during construction. The work will characterize the soil and groundwater to provide
the data necessary to apply for acceptance from appropriate disposal facilities. The work will include drilling 9
exploratory borings. and collecting up to 17 composite samples and 3 grotind'water.samples for characterization. The work
will be completed by our subconsultant, ECON.
Subtask 5,1— Planning and Permitting. ECON will prepare a work plan and a site safety plan for the drilling operations.
ECON will also secure a drilling permit from the. Sonoma County Environmental Health Department.
Subtask 5.2— Conduct Fieldwork. ECON will direct, oversee, and document drilling and collection of samples. The
drilling will be completed during two full day mobilizations.
Subtask 5.3— Disposal of Waste. The soil cuttings and waste (assumes up to 3 55- gallon drums) will be transported to a
City corporation yard by the drilling.contractor for temporary storage pending analytical results. ECON will prepare a
disposal package and coordinate the expedited disposal of the drums. Assumes disposal of Class II] material.
Subtask 5.4— Disposal Pre- approval Packages. ECON will prepare proposal packages for the Sonoma County Central
Landfill and other disposal facilities (Redwood Landfill in Novato and Hay Road Landfill in Vacaville), if necessary.
Subtask 5.5— Project Summary Report. ECON will prepare a report presenting the results of the hazardous materials
assessment to be made available to bidding contractors.
Deliverables: Summary Report.
21
Resolution No. 2010 -200 N.C.S. Page 20
, 0
t.
0
1 �21
Resolution No. 2010-200 N.C.S.
Attachment 2 ;- ; i
MIV r
0
Iw
22
Page 21
Attachment 2
vyVS.T �Y.0S,T
WEST YOST ASS OCIATES, INC.
20:10 Billing RateScfiedule
A 5-0 I A f E S
Qnntxlfiirg EirKinrrrs (Effective January09. 2010 through December 3.1,,'2.010)*
Position
Labor Charges (dollars per hr)
PrihcipaWice President
216
Engineering Manager
2116
Principal Engineer /Scientist
188
Senior Engineer/S'cenfist
169
Associate .Engineer /Scientist
151
OIS Analyst
151
Engineer II /Scientist 11
134
Engineer 1 /8cientist I
115
Construction Manager 111
164
Construction Manager 11
151
Construction Manager 1
139
Resident , lnspector 1.11
127
Resident Inspector 11
1 17 .
Resident Inspector 1
103
Sr. Designer /Sr. CAD Operator
109
Designer /CAD Operator
97
Technical Specialist.11
.94
Technical. Specialist -]
82
Engineering Aide
68
Administrative IV
97
Administrative 111
85
Administrative II-
73
Administrative I
61
Hourly Tabor rates include: Direct�CosN such:as general computers, system charges, telephone fax, routine
in -house copies /prints, postage, miscellaneous supplies, and other incidental project expenses.
Outside - Services such -as vendor reproductions, prints,. -shipping, and .major West Yost reproduction
efforts as well as. Engineering Supplies, etc. will be billed at- actual cost, plus 5 %.
Note: Lodging,:vehicle and.travel time will not be charged.
Mileage will be billed atthe current Federal Rate.
Subconsultants wift be billed at actual cost plus 5 %.
Computers`are billed at $25 per hour for specialty models and AutoCAD.
A Finance Charge of 1.5 percent per month (an Annual Rate of 18 percent) on the unpaid balance will be
added to. invoice amounts if:not paid within 45 days from the date of the invoice.
Billing rates apply to all computers and equipment, whether owned or rented by West Yost, and to all
employment categories including regular full -time, part-time, limited term and contract personnel as
defined. in West YesCs'Employee Handbook.
•This.schedule will be updated annually
23
CA
Resolution No. 2010 -200 N.C.S. Page 22
Attachment 2
WE'-ST YOST
WEST YOST ASSOCIA'T'ES, INC.
Aa 200-Biffing1ka , te Schedule
A S S O C I A T E S (Cont'di)
Comislij Etigi tte.erj (Effective January 0• thfoxfgh,Decernber 31, 2'01.Q)*
SURVEYING AND EQUIPMENT CHARGES
Position
Labor a4tgds ; ( 4101 . fitg- per h.r.)
GPS, 3-Person
333
16.
284
QP$, 1- Person
2231
SuNey Crew,:1-Pown
241
SUrVey. CfeW.j I J-Pers6h
1, 8.2
EQUIPMENT CHARGES
7
Equipment:
Billing,Rate
(dollars oer:day)
Billing Rate.
061 ta.t% ptr Wee,
- ) '
DO Meter
16.
.77
p14'Meter
5
.24
Automatic Sampler
120
658
Transducer/Data Logger
38
190
Hy Ora"t = Pressure: 04Rp
I'l
47
Hydrant Pressure; Recorder (HPK)
NO
Hydrant: Wrench.
S
30
Pitw" piffiPser
27
124
Well Sounder,
21
124
ljjtraso•ic Flow Mbtee
249
Vehicle,
82
412
V Meter
L1
60
WatdrQUAlity M61timetet-
163
. 991
Thickness Gage:
66
•This khd6le. will be updated annually
24
Resolution No. 2010-200 N.C.S. Page 23
Attachment 2
INSURANCE :RE.QUIREMENTS
Consultant and any subcontractor shall not commence work under this Agreement 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 carrier and the City Manager as to sufficiency, nor
shall Consultant allow any contractor. or subcontractor to commence work on this contract or
subcontract .until all similar insurance required of the Consultant: and/or subcontractor shall have
beon so obtained. and approved. All. requirements herein provided shall appear either in the body of
the insurance policies or as. endorsements and shall specificallybind the insurance carrier.
Consultant shall. procure and maintain for the duration of the contract all necessary insurance
against claims Tor injuries to persons or damages to property Which MAy:anise from or in connection
with the, performance of the work hereunder by the. Consultant, the Consultant's agents,
representatives,- employees or subcontractors.
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 prior to
execution of this agreement.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $2,000 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 project%location 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 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 prior to
execution.of this agreement.
Exhibit B2
Page 1 of 2
INSURANCE REQUIREMENTS - CITY
March 2003 25
Resolution No. 2010 -200 N.C.S. Page 24
Attachment 2
C. Deductibles and Self - Insured. Retentions
Any deductibles or self - Insured retentions must lie declared to and approved by the City. At
the option of the City, either: the insurer shall "reduce or eliminate such deductibles or self -
insured.,retentions as respects the: Ci t y,, 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
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 (3'0) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no -less than
ANII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by
this clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on 'its, behalf. The endorsements are to be on, forms provided by the. City. All
endorsements .are to be received and approved by the City before work commences. As an
alternative: ao the City's forms, the Consultant's .insurer may provide complete, certified
copies, of all. required insurance policies, including endorsements effecting the coverage
required by the City.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREMENTS . CITY
March 200326
Resolution No. 2010 -200 N.C.S. Page 25
Attachment 2
EXHIBIT C
HOURS OF WORK:
A. I•n 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 1.815; 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 . 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 penaltyto 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).honrs in any one calendar, week, in violation of the
provisions of Califomia.Labor Code Section 181.0 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 :ihe 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.
13, I-n aceordance•with.Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the'Services shall com ly 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 ion consideration of the.rnistake, inadvertence, or
neglect of the Consultant or subconsultant in failing to pay correct rate of prevailing
wages., or the:previous record of the. Consultant or subconsultant in.meeting. applicable
prevailin • wage obligations, or the willful failure by the Consultant or subconsultant to
pay correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay•the.cor ett.rate.of•prevailing wages is not excusable if the Consultant or
subconsuCtant had-knowledge of their obligations under the California Labor Code. The
Provisions Required Pursuant to California Labor Code•§ 1720 et seq.
Services Agreement — Prevailing Wages (City) (Sept. 2007) (Manage # 1037770)
27
Resolution No. 2010 -200 N.C.S. Page 26
Attachment 2
Consultant.or _subconsultant shah pay difference.: . between the prevailing wage rates
and: the amount paid to each workerfor 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 . Pot paid the general prevailing per diem wages
by the subconsultant, the Consultant ` not'liable4or.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 ofthe Services shall include a copy of the provisions of
California Labor. Code Sections 1771, 1775, 1.7.76, 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. Priomo making'final payment to the subconsultant, the Consultant shall obtain an
affidavit. signed tinder penalty of perjury from the stbconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees enngaged. in the performance of the. Services and any amounts due
pursuant to California Labor Code Section. 1.813.
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:
The information contained in the payroll record is true and correct.
The employer has complied with the. requirements of Sections 1771, 1811, and
1 815 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 shal l. 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.
Provisions Required Pursuant to California Labor Code§ 1720 et seq.
Services Agreement— Prevailing Wages (City) (Sept. 2001) (Manage # 1037770)
28
Resolution No. 2010 -200 N.C.S.
Page 27
Attachment 2
D. In accordance with California Labor Code Section 1'777.5, the Consultant, on behalf of
the Consultant and`any subconsultants engaged * n.performance of the Services, shall be
responsible for ensuring compliance with Califbmr ia: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; isupervisory,.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 furriished 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:
4778238
Provisions Required Pursuant to California Labor Code § 1720 et seq.
Services Agreement — Prevailing Wages (City) (Sept. 2007) (iManage # 1037770)
29
Resolution No. 2010 -200 N.C.S.
Page 28