HomeMy WebLinkAboutStaff Report 3.F 01/09/2017DATE: January 9, 2017
Agenda Item #3.F
TO: Honorable Mayor and Members of the City Council through City Manager
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FROM: Dant, rSt. Z/:��SCE — Director, Public Works and Utilities
Leah 'G. Walker, P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing a Professional Services Agreement with RMC Water and
Environment for Regulatory Assistance with the State Water Resources Control
Board.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing a
Professional Services Agreement with RMC Water and Environment for Regulatory Assistance
with the State Water Resources Control Board.
BACKGROUND
As a discharger to the San Francisco Bay, the City of Petaluma is the holder of a National
Pollutant Discharge Elimination System (NPDES) permit issued by the State Water Resources
Control Board Region 2 (Regional Board). As required by Provision VI.C.5.a of the NPDES
permit, the City must implement and enforce an approved pretreatment program in accordance
with Federal Pretreatment Regulations (40 CFR §403); pretreatment standards promulgated
under the Clean Water Act (CWA) Sections 307 (b), 307 (c), and 307 (d); and the pretreatment
requirements specified in 40 CFR §122.440).
The CWA required the US Environmental Protection Agency to develop Pretreatment Standards
to prevent the discharge of pollutants that pass through, interfere with, or are otherwise
incompatible with Publically Owned Treatment Works (POTWs). The 1977 amendments to the
CWA required POTWs to ensure compliance with pretreatment standards by each significant
local source introducing pollutants into a POTW. To meet the requirements of the 1977
amendments, the US EPA developed the General Pretreatment Regulations for Existing and New
Sources of Pollution.
To protect its operations and ensure that its discharges comply with State and Federal
requirements, a POTW is required to design its local limits based on site-specific conditions.
Among the factors a POTW should consider in developing local limits are the following: the
POTW's efficiency in treating wastes; its history of compliance with its NPDES permit limits;
the condition of the water body that receives its treated effluent; any water quality standards that
are applicable to the water body receiving its effluent; the POTW's retention, use, and disposal
of sewage sludge; and worker health and safety concerns.
The NPDES Permit issued to the City by the Regional Board requires the City evaluate the need
to revise local limits pursuant to 40CFR §403.5. Since the last evaluation, new industrial users
and increasing discharges from the existing industrial users has altered the strength of influent
wastewater. The influent wastewater has seen an increase of both Biochemical Oxygen Demand
(BOD) and Total Suspended Solids (TSS) starting in 2009 with a significant increase in 2012.
Sampling at the industrial sites and at the Ellis Creek Water Recycling Facility (ECWRF)
indicate that industrial discharges constitute the majority of the increase as compared to the
discharges from commercial and residential users.
In addition to the changes in influent wastewater from industrial sources, the ECWRF is making
significant modifications to the treatment capabilities of the current system. The treatment
capabilities will potentially allow the City to receive more loading in the form of BOD and TSS.
If the study determines that the new facility is able to receive higher BOD and TSS loads, local
industrial users will not be able to take advantage of the increased loading without modifications
to the local limits.
In addition to the local limits issue, the ECWRF is experiencing problems with its outfall
pipeline to the Petaluma River. The 42 -inch diameter outfall pipeline is 3130 feet long and was
constructed during the 1970s. Recent inspections have uncovered significant deterioration in the
structural integrity of the pipeline as compared to prior inspections. City staff discovered
longitudinal cracks along the top and bottom of the pipe, joints of the pipe were separating, and
sections of the pipe were significantly flattened into an oval shape. Based on the inspection it
appears the pipe is constructed out of a composite material called Techite, a common pipe
material used in the 1970s. Techite is brittle and has been the cause of several catastrophic
pipeline failures nationwide.
Staff has been preparing an operations contingency plan and requested and received pre -approval
from the Regional Board for an anticipated bypass of the effluent outfall location in the event the
existing outfall pipeline can no longer remain in service. Due to the location of the pipeline,
repairs will require de -watering of the trench during construction and water pumped out of the
construction site will need to be discharged to waters of the state.
DISCUSSION
Given the complexity and detailed data and analysis involved in the preparation of the local
limits study, most municipalities, including the City, use consultants to assist in the preparation
of the report. Staff requested a proposal from RMC Water and Environment as they have
significant expertise in local limit studies and the requirements and expectations of the Regional
Board. RMC Water and Environment assisted the City in the process of the NPDES permit in
2016 and in 2012 completed the local limit study submitted to the Regional Board. RMC Water
and Environment is familiar with the operational practices at the ECWRF, limits and
requirements of the facility's NPDES permit, and the City's industrial users.
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In addition to the assistance with local limits, RMC Water and Environment will assist the City
in complying with the requirements of discharging non-stormwater of diverted stream flows and
uncontaminated pumped groundwater. During the pipeline rehabilitation, the City will need to
discharge the mixture of surface water and groundwater to a tidal slough located south of the
pipeline. The water cannot be sent back to the ECWRF because of the elevated salinity, which
interferes with water recycling. RMC Water and Environment will prepare a technical
memorandum that describes the plan for surface water quality protection during dewatering,
including the dewatering location, water quality considerations and expected volumes of water to
be discharged.
By assisting with the local limits study and permitting for dewatering activities, the execution of
a Professional Services Agreement with RMC Water and Environment will assist in meeting the
Council Goal, "Focus attention on supporting food and beverage processing, manufacturing, and
alternative energy business clusters, and companies focused on sustainability and community
benefits."
FINANCIAL IMPACTS
The local limit study and the permit assistance with de -watering the outfall pipeline project cost
are included in the Ellis Creek Operations and Industrial budgets (6600.66400.54140,
6600.66700.54140, and 6600.66700.54150). Current account balances are $125,163.88 as of
December 27, 2016.
The agreement is for a period through February 28, 2019, at a projected cost not to exceed
$101,411.00.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement
Attachment 1
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH
RMC WATER AND ENVIRONMENT FOR REGULATORY ASSISTANCE WITH THE
STATE WATER RESOURCES CONTROL BOARD
WHEREAS, the City of Petaluma is required to implement and enforce its approved
pretreatment program in accordance to Federal Pretreatment Regulations and the Clean Water
Act; and
WHEREAS, the National Pollutant Discharge Elimination System permit for the Ellis
Creek Water Recycling Facility requires the evaluation of local limits pursuant to 40 CFR
§403.5; and
WHEREAS, to protect its operations and ensure that discharges comply with State and
Federal requirements, the City is required to design the local limits based on site specific
conditions; and
WHEREAS, the National Pollutant Discharge Elimination System permit for the Ellis
Creels Water Recycling Facility requires the City properly operate and maintain all facilities and
systems of treatment and control, and related appurtenances, which are installed or used by the
City to achieve compliance with conditions of the permit; and
WHEREAS, evaluating and updating the local limits meets the Council goal of focusing
attention of supporting food and beverage processing, manufacturing, and alternative energy
business clusters, and companies focused on sustainability and community benefits; and
WHEREAS, the outfall pipeline for the Ellis Creek Water Recycling Facility requires
repairs conducted in compliance with all State and Federal permit requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby:
1. Approves the Professional Services Agreement attached as Exhibit A for the Ellis
Creek Water Recycling Facility Regulatory Support in the amount of $101,411.00
for a period of twenty-four months through February 28, 2019.
2. Authorizes the City Manager or his designee to execute said agreement on behalf of
the City of Petaluma.
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Attachment 2
PROFESSIONAL SERVICES AGREEMENT
Ellis Creek Water Recycling Facility Regulatory Support
(Title of Project)
FY 16/17 Fund # 6600 Cost Center 66400 Object Code Project 1154140 Amount $13.857
For multi-year contracts or contracts with multiple accounts:
FY 16/17
Fund # 6600 Cost Center 66700
Object Code
Project # 5400 0 Amount $12 8 8
FY 16/17
Fund # 66Q, Cost Center66700.
Object Code
Project # 54150 Amount $12,867
FY J2LM
Fund # 6600 Cost Center 66400
Object Code
Project # 54140 Amount $j2 833
FY 17/18
Fund 116600 Cost Center 66700
Object Code
Project # 54140 Amount $16.560
FY 17/18
Fund # 6600 Cost Center 66700
Object Code
Project # 54150 Amount $16.559
FY 18/19
Fund # 6600 Cost Center 66400
Object Code
Project 54140 Amount $3,803
FY 18/19
Fund # 6600 Cost Center 66700
Object Code
Project# 54140 Amount $3,532
FY 18/19
Fund # 6600 Cost Center Z
Object Code
Project # 54150 Amount $3,532
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of 520 ("Effective Date"), by and between the City of Petaluma, a
(city use only)
municipal corporation and a charter city ("City") and RMC, a Woodard & Curran Company, a
environmental consultant ("Consultant") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
L 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 $101,411.00 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.
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PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES
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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 (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate.
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
February 28. 2019, 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.
o. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
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.
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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 fiirnished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10, Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13, Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
PROFFSSIONAL SFRVICFS AGREEMENT—PREVAILING WAGES %
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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.
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 D, 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 C, 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 C 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.
PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 8
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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;
(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 Petal -Lima
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Citv of Petaluma - Public Works & Utilities Dept.
Dan St. John
11 English Street
Petaluma, CA 94952
Phone: 707-776-3728
Fax: 707-656-4067
Email: cthoMson@ci.j)etaluma.ca.us
e,ci.petaluma.ca.us
Consultant: David Richardson
RMC, a Woodard & Curran Company
2175 North California Blvd., Ste. 315
Walnut Creek, CA 94596
Phone: 925-627-4100
PROFESSIONAL SERVICES AGREEMENT-- PREVAILING WAGES 9
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Fax: 952-627-4101
Email: drichardson@woodardcurran.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 ("Indeinnitees") from and against any and all alleged
liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, civil penalties and fines, expenses and costs
(including, without limitation, claims expenses, attorney's fees and costs and fees of
litigation) (collectively, "Liability") of every nature, whether actual, alleged or
threatened, arising out of or in connection with the Services or Consultant's failure to
comply with any of the terms of this Agreement, regardless of any fault or alleged fault
of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement. The Consultant's responsibility of such defense ' and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time
allowed by law. The defense and indemnification obligations of this Agreement are
undertaken to, and shall not in any way be limited by, the insurance obligations contained
in this Agreement.
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PROFESSIONAL SERVICHS AGRE13MENT- PREVAILING WAGES10
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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 I
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 pant
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
28. 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
Agrecment shall be construed to create any benefit or might 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.
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PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES 1 1
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33. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
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.
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 in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Managel•
CONSULTANT"
By
Name
8 1
PRORSSIONAI. SERVICES AGREEMENT — PREVAILING WA0Esl2
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ATTEST:
City Clerk
APPROVED AS TO FORM:
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Titl
24 7-6
Address j
( A) ,1 �'� SCP Q CA 1�i
City State Zip
9 q - 3'2- 0
City Attorney Taxpayer I.D. Number
APPROVED: L f cense q L' C)qq �
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name: s:lenvironnrentai services/Pretreatnient/L.ocal Limits/ECWRp Regulatory Support - PSA
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EXHIBIT A
City of Petaluma
Professional Services by RMC, a Woodard & Curran Company
Scope of Services
Regulatory Support for NPDES Permit Compliance
December 5, 2016
RMC, a Woodard & Curran Company, will provide professional set -vices in support of the
City of Petaluma's (City's) wastewater and stormwater programs, focusing in particular on
implementation of NPDES Permit No. CA0037810 (Permit) for the Ellis Creek Water
Recycling Facility (Facility) and compliance with the City's NPDES permit for stormwater
as a small municipal separate storm sewer system ("MS4 Permit").
The Facility Permit was most recently reissued by the San Francisco Regional Water
Quality Control Board as Order No. R2-2016-0014 with an effective date of June 1, 2016.
The Facility Permit allows discharge to the Petaluma River from October 21 through April
30 of each year, and prohibits most discharges to the Petaluma River from May 1 through
October 20 of each year. The Permit requires completion of a Local Limits Assessment,
which is described in Task 2 of this scope of work.
An outfall pipeline conveys treated wastewater from the Facility to the Petaluma River.
The City is planning to replace up to 3,000 feet of the outfall pipeline over the next two
years. Dewatering of the pipeline and pipeline trench will be required during rehabilitation,
as well as during mobilization and testing related to the rehabilitation. Regulatory support
for dewatering is described in Task 1 of this scope of work.
The scope of services is organized into the tasks described below. Schedule information is
included assuming RMC receives notice to proceed by February 1, 2017. A fee estimate
associated with the tasks and schedule is shown on page 6.
Task 1— NPDES Permit Support for Dewatering Activities
During rehabilitation of the outfall pipeline, the City plans to discharge the mixture of
surface water, groundwater, and residual secondary -treated wastewater in the outfall
pipeline and trench to a tidal slough located south of the Facility and adjacent to the outfall
pipeline. The water cannot be sent back to the Facility because of elevated salinity, which
interferes with water recycling.
The City is enrolled as a municipal stormwater discharger in the State's general NPDES
permit for storm water discharges from small municipal separate storm sewer systems
("MS4 Permit"). Section B.3 of the MS4 Permit covers non-stormwater discharge to
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surface water of "diverted stream flows" and "uncontaminated pumped ground water."
The MS4 Permit also provides coverage for stormwater discharges from construction sites
smaller than one acre. It is anticipated that the construction site area will not exceed one
acre for preliminary work, but it may exceed one acre if the City replaces a longer pipeline
segment.
RMC will first conduct a phone meeting with City staff to determine a suitable way to
obtain NPDES permit coverage for dewatering of the pipeline and trench during pipeline
rehabilitation. RMC will also consult with Regional Water Board staff to confirm the
permitting approach. Once the approach is confirmed, RMC will prepare a technical
memorandum that describes the plan for surface water quality protection during
dewatering, including the dewatering location, water quality considerations, and expected
volumes of water to be discharged. This technical memorandum would be suitable for
submittal to the Regional Water Board, if needed. Project management tasks such as
general communications, progress reporting, and invoice preparation are also included.
Schedule:
Dewatering for pipeline inspection and rehabilitation is expected to take place during one
or more times over the next two years (February 2017 -- February 2019), and rehabilitation
could occur in several phases. The fee estimate assumes that the same permitting approach -
will be used regardless of schedule. RMC will produce up to three different editions of the
dewatering technical memorandum to describe different phases of the project.
Assumptions:
* The fee estimate assumes that dewatering can be covered as a non-stormwater
discharge under the City's MS4 permit, rather than by the alternate approaches such
as obtaining a separate NPDES permit or by enrolling in the Construction General
Permit. This approach should be confirmed with Regional Water Board staff, as
the alternative approaches require a greater level of effort.
® City staff will provide relevant background information including the boundaries
of the construction site, anticipated dewatering volumes, and the Best Management
Practices that will be used during dewatering.
• RMC will provide one draft: version of each edition of the dewatering technical
memorandum, then finalize based on comments from City staff,
Task 2 — Local Limits Assessment and Report
RMC will conduct an evaluation of the need to revise existing local limits as required by
Provision VI.C.5.a.(1).d of the City's current NPDES permit and USEPA's Local Limits
Development Guidance (July 2004), RMC will prepare a Focal Limits Assessment Report
suitable for submittal to the Regional Water Board. The work will be divided into several
subtasks, as described below. Project management tasks such as general communications,
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progress reporting, and invoice preparation are also included with each subtask, The
Permit listed a deadline of November 28, 2016 for submittal of the Local Limits
Assessment to the Regional Water Board, but with the consent of the Permit case handler,
the City is moving forward with a schedule that will result in completion of the Local
Limits Assessment no later than June 2017,
2.Y Kickoff Meeting /Develop Strategy
RMC will first lead a kickoff meeting with City staff to review results from the preliminary
local limits assessment completed in June 2016, identify requested changes to the current
City's sewer use regulations that could be addressed as part of the local limits evaluation,
and discuss data gaps. In particular, RMC and City staff will discuss appropriate loading
capacities for Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS),
based on current facilities and planned changes. RMC and City staff will also discuss
censoring of outlier concentration data.
Schedule: The kickoff meeting, accompanied by a determination regarding numeric values
for BOD and TSS loading capacity, should occur no later than February 16, 2017,
2.2 Compile Data and Evaluate Constituents of Concern
RMC will update plant flow data, influent and effluent analytical data, biosolids generation
data, and biosolids quality data in a local limits evaluation spreadsheet. Based on this
updated data set, RMC will identify "constituents of concern." For these constituents, RMC
will determine maximum allowable headworks loadings (MAI-ILs) and compare to influent
loadings according to EPA guidance thresholds.
For most constituents, the MAHLs will be based on removal efficiency as well as water
quality objectives or effluent limits found in the current Permit, thresholds for inhibition
and worker safety from USEPA's Local Limits Development Guidance, and biosolids
disposal criteria. By contrast, the allowable loadings for BOD and TSS will be based on
rated plant capacity, not removal efficiency.
Schedule: RMC will complete the analysis by the mid-March 2017,
2.3 Prepare Local Limits Assessment
RMC will prepare a draft report incorporating the data and analysis from the subtasks
above, including initial recommendations on the need to revise local limits, RMC will then
finalize the report based on feedback provided by City staff. 'Die report will be suitable
for submission to the Regional Water Board and will indicate whether an update of local
limits is necessary. If so, it will include a plan and schedule for revising local limits, which
will be developed by RMC in consultation with City staff.
16
Schedule: RMC will prepare a draft report by mid-April 2017, then allow two weeps for
the City to review the draft report and two weekr for RMC to respond to comments, with a
final drgft to be prepared by mid-May 2017.
Task 3 - Revise Local Limits* (Optional)
If the Local Limits Assessment determines that new local limits are needed or existing local
limits need to be changed, then RMC will proceed with this task according to USEPA
Local Limits Guidance, as indicated by the subtasks below.
This task is marked as optional, because many local limits assessments conclude with the
determination that no significant changes to local limits are needed, or that the required
changes are narrative in nature. Changes of this nature would be identified during the Local
Limits Assessment (Task 2).
3.1 Sampling Plan
Under this task, RMC will review existing data for the constituent(s) for which a new or
revised local limit is needed, and will prepare a sampling plan if additional data are needed.
The budget for this task assumes that additional sampling will be carried out by City staff.
3.2 Calculate New or Revised Local Limits
Based on the sample results, RMC will calculate revised limits according to USEPA Local
Limits Guidance. If appropriate, RMC will present options for concentration -based limits,
mass -based limits, and/or tiered limits that vary based on the flow rate or industrial user
type, and will choose one control mechanism based on feedback from City staff.
3.3 Prepare Draft Local Limits Report and Hold Workshop to Review Results
RMC will prepare a draft Local Limits Report incorporating the data and analysis fiom the
subtasks above, including recommendations for the new limit and the method for enforcing
the new limit. RMC will then facilitate a workshop with City staff at City site to review the
draft report and the initial recommendations.
3.4 Prepare Final Local Limits Report and Assist with RWQCB Comments
Based on feedback from City staff, RMC will prepare a final Local Limits Report for
submittal to the Regional Water Board for a minimum 45 -day review period. If the
Regional Water Board requests changes to the report or to the approach, RMC will assist
the City in negotiating with the Regional Water Board and implementing necessary
changes.
3.5 Implementation Assistance
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RMC will assist the City in preparing draft revisions to the City's Sewer Use Ordinance to
incorporate new or revised local limits, or will assist with revising individual user permits.
If requested, RMC can also assist with preparation of outreach materials to industrial users
explaining the new local limits.
Task 3 - As -Needed Regulatory Support
RMC will assist City staff as requested with various technical and regulatory issues as they
arise. Examples of tasks include assistance with compliance and enforcement issues,
preparation of comment letters on regulatory issues of concern to the City, assistance with
reporting for the Nutrient Watershed Permit, collection system issues, and assistance with
compliance. Other technical activities that may arise include peer review of reports, quality
assurance and quality control (QA./QC) review of data, preparation of data invalidation
analyses, review of standard operating procedures, and assistance with pollution prevention
and pretreatment programs. Project management tasks such as general communications,
progress reporting, and invoice preparation are included. Tasks will be completed as
budget permits.
A fee estimate associated with the tasks above is shown on the next page.
S
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Em
19
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 3
INSURANCE REQUIREMEN,rs (city)20
(609325) August 2015
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.
7. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage
requirement and/or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
8. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the City
of Petaluma before the City of Petaluma's own insurance or self-insurance shall
be called upon to protect it as a named insured.
Exhibit 132
Page 2 of 3
21
INSURANCE REQUIREMENTS (City)
(609325) August 2015
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 3 of 3
INSURANCE RF QUIRLMENTS (City)22
(609325) August 2015
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, Hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California 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 CF2TIFICAIJON23
(1638697.2) Nov 2012
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: Ellis Creek Water RecyclingFac lity Regulatory Support
PcWCXYZ1CV1 ti LA iM m (OMPO-PI) Date:
(Print Name of Covered Entity/Business Capacity)
By L
(Print Name)
(Signature)
Its �I'C,)2,
(Title /Capacity of Authorized Signer)
12,� 12- / I �,
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 201.224
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:
a AFFEC'T'S 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":
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Ilk f)( --
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMEN'I'
AND CER'1'1pICA1'ION
(1638697.2) Nov 201225
PREVAILING WAGE EXHIBIT D
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which provides that work in excess of eight hours
during any one calendar day and forty hours during any one calendar week is permitted
upon compensation for all hours worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week at not less than one -and -one-half times
the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each
worker employed in the performance of the Services for each calendar day during which
the worker is required or permitted to work more than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the
general prevailing wages in the locality in which the Services are to be performed for
each craft or type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the City and shall be made available on request. The Consultant and
subconsultants engaged in the performance of the Services shall pay no less than these
rates to all persons engaged in performance of the Services.
B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the Services shall comply Labor Code Section 1775 which
establishes a penalty of up to $50 per day for each worker engaged in the performance of
the Services that the Consultant or any subconsultant pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing
wages, or the previous record of the Consultant or subconsultant in meeting applicable
prevailing wage obligations, or the willful failure by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had luiowledge of their obligations under the California Labor Code. The
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 el seq.
(1037770) (Sept 2007)26
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. In
addition, Consultant and sub -consultant shall be required to be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultant
2
Prevailing Wage Exhibit for service Agreements
Provisions Required Pursuant to California Labor Code § 1720 et seq.
(1037770) (Sept 2007)27
and any sub -consultant shall submit certified payroll records to the Department of
Industrial Relations Labor Commissioner online:
hLtps:Happs.dir,ca.gov/eepr/DAS/AltLoiain, Consultant is responsible for ensuring
compliance with this section.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of
the Consultant and any subconsultants engaged in performance of the Services, shall be
responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subconsultant engaged in
performance of the Services to employ on the Services any person in a trade or
occupation (except executive, supervisory, administrative, clerical, or other non manual
workers as such) for which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to Services
to be performed by that person. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial employment of the
person affected and during the continuance of such employment.
rile name:
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to Califomia Labor Code § 1720 e! seq.
(1037770) (SeP(2007)28