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HomeMy WebLinkAboutStaff Report 4.G 01/22/2018Agenda Item #4.G ay4x� y; DATE: January 22, 2018 TO: Honorable Mayor and Members of the City Council through City Manager FROM: , .ASCE — Director, Public Works and Utilities Dan Herrera, P.E. — Associate Civil Engineer SUBJECT: Resolution Authorizing the City Manager to Execute Professional Services Agreements for On -Call Land Surveying Services RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute Professional Services Agreements with Cinquini & Passarino Inc. and BKF Engineers for On -Call Land Surveying Services. BACKGROUND The design of many capital improvement projects (CIP) requires a design survey to locate right - of -way, easements, site and piping elevation, existing utilities, and significant site features. The City has typically acquired surveying services separately on each project. An on -call surveying firm will increase efficiencies and reduce costs through economies of scale and by reducing the number of professional service agreements for survey services. In 2015, the City contracted for on -call surveying with Cinquini Passarino, Inc. with offices in Santa Rosa. In October 2017 the City issued a Request for Qualifications (RFQ) for a new on- call contract to ensure the City was receiving the best services possible at competitive prices. It was determined that having two on -call consultants would be beneficial to ensure availability during busy times and to maintain a competition between the on -call consultants. The proposed action meets Council Goal: "Plan for and implement priority capital projects as funding permits." DISCUSSION On October 23, 2017, an RFQ for on -call land surveying services was circulated. The following films responded to the RFQ: Cinquini & Passarino, Inc., BKF Engineers, 1031 Surveying, and Willis Land Surveying. There were nine criteria identified in the RFQ to determine the most qualified proposal, including: quality of the overall proposal, project team organization, relevant work experience performed by the consultant, qualifications of the consultants project team, project management approach, technical approach to the project, project team organization, schedule of hours, and resumes of team members with relevant work experience. After evaluating the proposals against the stated criteria, Cinquini & Passarino, Inc. and BKF Engineers were selected as the two best firms to perform these services. Cinquini & Passarino, Inc. and BKF Engineers provided comprehensive proposals that illustrated their extensive experience with on -call land surveying services. The hourly rates are consistent with other surveying firms. It is recommended that the City Council award on -call land surveying contracts to Cinquini & Passarino, Inc. and BKF Engineers for design and construction survey efforts. The services may include any of the following: Topographic Surveys, Boundary Retracement Surveys, Records of Survey, Construction Surveys and Staking, Aerial Mapping Photogrammetry and Route Surveys, Control Surveys, Legal Description and Plats, Preparation of Maps and Exhibits, Hydrographic Surveys, Corner Records for Monument Preservation, Hydrology & Hydraulic Cross Sections, Laser Scanning and LiDAR, Title Research, Easement and Right -of Way Documents. The contract will be for 2 years and may be extended at the City's discretion. The proposed scope of services is included in Attachments 3 and 4. FINANCIAL IMPACTS The engineering and design services will be performed on a time and materials basis, not to exceed $75,000. The following CIP projects have been budgeted for these expenses: C16101201 Washington Street Bridge Seismic Rehabilitation C03200503 River Trail — Washington to Lakeville C16101823 17/18 Pavement Restoration C66401416 Tertiary Filtration System Expansion C66501305 Ellis Creek Solids Handling Upgrades C66101627 Ellis Creek Bridge C66401728 Ellis Creek High Strength Waste Facilities C66401822 Sewer Main Replacement C67501713 Water Service Replacements Due to the nature of On -Call services, the projects listed are the projects currently anticipated to need surveying services, but other projects that require surveying services will also benefit from the proposed contract. ATTACHMENTS 1. Resolution 2. Agreement with Cinquini Passarino Inc. 3. Agreement with BKF Engineers 0) Attachment I RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS FOR ON -CALL SURVEYING SERVICES WHEREAS, the City of Petaluma wishes to design and construct Capital Improvement Projects; and WHEREAS, Capital Improvement Projects require the use of land surveying to create basemaps and determine constraints, and staff requires the services of a qualified professional land surveying firm for on -call services; and WHEREAS, the City of Petaluma circulated a Request for Qualifications and on November 20, 2017 and four (4) proposals were received; and WHEREAS, the proposals were reviewed and evaluated and Cinquini & Passarino, Inc. and BKF Engineers of Santa Rosa were selected as consultants for the project; and WHEREAS, Cinquini & Passarino, Inc. and BKF Engineers' ability to produce quality work on land surveying projects has been demonstrated in the City of Petaluma and in other Northern California municipalities; and WHEREAS, staff recommends the City execute professional services agreements with Cinquini & Passarino, Inc. and BKF Engineering for on -call land surveying services in order to complete construction plans for various capital improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby authorizes the City Manager to sign the attached Professional Services Agreement for on -call land surveying services with Cinquini & Passarino, Inc. and BKF Engineers in the amount not to exceed $150,000, no more than $75,000 for each provider. 3 Attachment 2 PROFESSIONAL SERVICES AGREEMENT On -Call Land Surveying Services 2018 (Title of Project) FY Fund # Cost Center Object Code Project # Amount $ For multi -year contracts or contracts with multiple accounts: FY 17/18 Fund # Cost Center Object Code Project # Various CIPs Amount $40.000.00 FY 18/19 Fund # Cost Center Object Code Project # Various CIPs Amount $35.000.00 FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective as of , 20 ( "Effective Date "), by and between the City of Petaluma, a city use on y municipal corporation and a charter city ( "City ") and Cinquini & Passarino, Inc, a Land Surveyl:ng ( "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. 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 $75,000.00 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. 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 ()DwwJrs,gov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 4 (1037730) Oct 2017 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 December 31, 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. 6. 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. T 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. 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 furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES 5 (1037730) Oct 2017 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11, Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the. sole and exclusive property of City upon delivery of the same. 15. Assi2nment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 6 (1037730) Oct 2017 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit C, which is attached to and made a part of this Agreement. 19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.3 6, Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit D shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit D in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 20. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 7 (1037730) Oct 2017 (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first -class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerk @ci.petaluma.ca.us And: Dan St. John, F. ASCE Department of Public Works and Utilities 202 N. McDowell Blvd Petaluma CA, 94954 Phone: (707 ) 778 -4546 Fax: (707) 206 -6034 Email: dstjohn(- ,ci.petaluma.ca.us Consultant: Anthony G. Cinquini, P.E., P.L.S. Cinquini & Passarino, Inc. 1360 N. Dutton Avenue, Suite 150 Santa Rosa, CA 95401 Phone: (707) 542 -6268 Fax: (707 ) 542 -2106 Email: tinquini@cinquiWpassarino.com 22. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ( "Indemnitees ") fi-om 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 5 PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 8 (1037730) Oct 2017 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. 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. "] City reserves the right to review any and all of the required insurance policies and /or endorsements, but has no obligation to do so. City's failure to demand evidence of frill compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 9 (1037730) Oct 2017 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 27. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty 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. SeverabUity. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. 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 PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES 10 (1037730) Oct 2017 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 Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney file name: CONSULTANT By ��--_ Title Address City State zip Taxpayer I.D. Number L— 0.00? x.512 Petaluma Business Tax Certificate Number PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES I I (1037730) Oct 2017 EXHIBIT A On -Call Surveying Services Scope of Services Consultant shall provide on -call surveying services to the City of Petaluma for various Capital Improvement Projects. The professional surveying services provided may include, but is not limited to the following projects: . C16101201 Washington Street Bridge Seismic Rehabilitation C03200503 River Trail — Washington to Lakeville C16101823 17/18 Pavement Restoration C66401416 Tertiary Filtration System Expansion C66501305 Ellis Creek Solids Handling Upgrades C66101627 Ellis Creek Bridge C66401728 Ellis Creek High Strength Waste Facilities C66401822 Sewer Main Replacement C67501713 Water Service Replacements The following services shall be made available to the City upon request: • Topographic Surveys • Boundary Retracement Surveys • Records of Survey • Construction Surveys and Staking • Aerial Mapping Photogrammetry and Route Surveys • Control Surveys • Legal Description and Plats • Preparation of Maps and Exhibits • Hydrographic Surveys • Corner Records for Monument preservation • Hydrology & Hydraulic Cross Sections • Laser Scanning and LiDAR • Title Research • Easement and Right -of Way Documents 12 Scope of Service Surveying services will be requested by the City as needed for each specific project. Since the services will be on an "as needed" basis, the specific project's scope of work will be determined when such services are requested. A separate fee proposal will be required for each task requested. In consideration of the services to be performed by the Consultant, the City agrees to pay the Consultant at the hourly rates as set forth in the attached Hourly Billing Rates. The hourly rates indicated in the fee proposal includes all costs incurred to provide the service and no separate compensation for travel time, mileage, reimbursable and any other incidental expenses will be made. This entire contract, for all tasks, shall not exceed Seventy Five Thousand Dollars ($75,000.00). The Consultant's hourly billing rates shown in this agreement shall remain unchanged until December 31, 2019. Schedule of Performance At the request of the City, the Consultant shall prepare a scope of work and fee proposal for each specific project or task. Written Task Orders defining scope, cost, and schedule will be prepared and issued to the consultant during the duration of this contract. The Consultant shall commence work specified in the Task Order within five (5) working days after receiving the signed Task Order, or as directed by the City. All work under this contract shall be completed by December 31, 2019. Final Work Product The final work products produced by the Consultant in the form of computer files shall be delivered on a CD, in ESRI GIS shape file version 8.3 (or later), or an AutoDesk AutoCAD 2010 (or later) file, Microsoft Word, Access, or.Excel format. All hard copy (paper) reports shall be signed and sealed and accompanied by associated digital files used to create them. All surveying work in AutoCAD format shall conform to City standards of layering, line -type, color, blocks, and scale. The City will provide the consultant with an AutoCAD template showing the City standards. Any line work or items not indicated in the template will be brought to the attention of the City, and the City will provide direction for those items. All of Consultant's work produced under the agreement shall be property of the City. 13 A BOUNDARY A TOPOGRAPHIC A CONSTRUCTION A INFRASTRUCTURE EXHIBIT C HOURLY FEE SCHEDULE JULY 1, 2017 To JUNE 30, 2018 OFFICE AND PROFESSIONAL Professional Land Surveyor (4 HOUR MINIMUM) EXPERT WITNESS, DEPOSITIONS & CONSULTATIONS Professional Land Surveyor LEGAL RESEARCH & COURT EXHIBITS Principal Professional Land Surveyor Senior Professional Land Surveyor Professional Land Surveyor Office Calculations and Field Crew Preparation CAD Drafting and Plotting Word Processing, Clerical and Deliveries & PASSARINO INC. LAND SURVEYING $415.00 per hour $225,00 per hour $180.00 per hour $170.00 per hour $145.00 - $155.00 per hour $110.00 - $125.00 per hour $100.00 - $120.00 per hour (PL US AMTGRIAL) $ 90.00 per hour FIELD CREWS THE FOLLOWING INCLUDES VEHICLES, EQUIPMENT, MILEAGE & MATERIAL I Person Field Party $175.00 per hour 1 Person GPS Party $200.00 per hour 2 Person Field Party $260.00 per hour FIELD CREW CONSISTS OF PARTY CHIEF & CHAINMAN 3 Person Field Party $360.00 per hour FIELD CREWS CONSIST OF PARTY CHIEF, 2 CHAINMEN OR CHAINMAN & FLAGPERSON. 4 - Pei-son Field Party $410.00 per hour FIELD CREWS CONSIST OF PARTY CHIEF, 3 CHAINMEN OR CHAINMAN & 2 FLAGPERSONS. SUPPLEMENTAL ITEMS Outside Contract Work Overtime Work Over 8 Hours on Saturday, all day on Sundays or Holiday Travel Time for 2 -Man Crew (BEYOND I HOUR Or, 7RA IIEL OUTSID &AN 8 HOUR woRXDAIq Cost plus 15% 1.2 x base rate 1.4 x base crew rate $110.00 per hour THE ANTICIPATED ANNUAL RATE INCREASE WILL BE 4% PER YEAR BEGINNING JULY 1, 2018. 1360 No. Dutton Avenue, Suite 150 Santa Rosa, CA 95401 Phone (707) 542 -6268 Fax (707) 542 -2106 14 CINQUINI & PASSARINO, IN( LAND SURVENINI A BOUNDARY A TOPOORAPIIIC INFRAS'I'RUCI '. A D}NE1.OI'SIRN'I' A LASIAI SCANNING A RAILROAD TYPICAL PROJECT COSTS PROPOSAL FOR THE PETALUMA ON -CALL LAND SURVEYING SERVICES Cinquini & Passarino recognizes that all projects are unique in their scope, constraints and challenges, Project costing will be performed on a project by project basis. The following is a list of various types of surveys and services typical for public works capital improvement projects, These costs are examples and are not to be extrapolated to an individual or specific project. Topographic Road Surveys: Major Road (1000 feet) $6,000 to $7,500 Minor Road (1000 feet) $5,000 to $7,000 Right of Way Survey: Road (1,000 feet) $3,000 to $6,000 Record of Survey $2,000 to $4,000 Legal Descriptions $750 to $2,500 UAS /Drone Surveys Aerial Iinage $500 to $1,500 Outside Costs Title Reports $500 to $1,500 County Survey Review $694 (subject to change) Recording Fees varies Mylar Prints $20 each Cinguini & Passarino, Ine. C -3 Land Surveying A California Certified Small Business Enterprise 15 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: I. 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 I of 3 INSURANCE REQUIREMENTS (City) 16 (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. S. 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 noncontributory 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 B2 Page 2 of 3 INSURANCE REQUIREMENTS (City) 1 % (609325) Augusl2015 JG+ . Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence, Exhibit B2 Page 3 of 3 INSURANCE REQUIREMENTS (City) 1 g (609325) August 2015 PREVAILING WAGE EXHIBIT C HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day's work under this Agreement, B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one - and -one -half times the basic rate of pay. C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week; in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services, B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code. The Prevailing Wage Bxhibit for Service Agreements Provisions Required Pursuant to California Tabor Code § 1720 el seq. (1037770) (Sept 2007) 19 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 18.13. 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: l . 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 el seq. (1037770) (Sept 2007) 20 and any sub - consultant shall submit certified payroll records to the Department of Industrial Relations Labor Commissioner online: htti)s://apl2s.dir.ca.gov/ecpr/DAS/AltLoRin. 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 minitnum 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 Rimished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. file name; 3 Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Tabor Code § 1720 el seq, (1037770) (Sept 2007) 21 EXHIBIT D ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8,36 The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or finnding 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 finding 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 CERTIFICATION (1638697.2)Nov2012 22 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: 'Date: (Print Na f Covered Entity/Business Capacity) By t ,1,1,,, , L7 • ihGrli,�, (Print N e) /s/ , ---�J (Sig,a e) - 1,19 Its /,;1;,410"1-/ 0"1-/ � - (Title /Capacity of Authorized Signer) Page 2 of 3 LIVING RAGE ACKNOWEDGEMENT AND CERTIFICATION (1638697.2) Not, 2012 23 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 TABOR RELATIONS BOARD, WHICH: ® AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION - FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": l Tolle- ATTACH ADDITIONAL PAGES IF NEEDED, Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if luioWn: Page 3 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 24 Attachment 3 PROFESSIONAL SERVICES AGREEMENT On -Cali Land Surveying Services 2018 (Title of Project) FY Fund # Cost Center Object Code Project # Amount $ For multi -year contracts or contracts with multiple accounts: FY 7.� X18, Fund # Cost Center Object Code Project # Various CIPs Amount $40,000.00 FY 18119 Fund # Cost Center Object Code Project # Various CIPs Amount $35,000.00 FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into and effective as of , 20 ( "Effective Date "), by and between the City of Petaluma, a (city use Only) municipal corporation and a charter city ( "City ") and BKF Engineers, a Engineering Consulting Company ( "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: 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 $75,000,00 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. 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.goy) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES (1037730) Oct 2017 25 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on December 31, 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. 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. 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 furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES (1037730) Oct 2017 26 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 farther covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment /Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16, Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES (1037730) Oct 2017 27 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 govermnent agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit C, which is attached to and made a part of this Agreement. 19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petal-Lima Living Wage Ordinance, attached to this Agreement at Exhibit D shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit D in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 20. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES (1037730) Oct 2017 28 (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 Cleric City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerk @ci.petaluma.ca.us And: Dan St. John, F, ASCE Deaartment of Public Works and Utilities 202 N. McDowell Blvd Petaluma CA, 94954 Phone: (707) 778 -4546 Fax: ,(707) 206 -6034 Email: dstjohn@ci.petaluma.ca.us Consultant: Greg Hurd, P.E., P.L.S. BKF Engineers 200 Fourth Street, Suite 300 Santa Rosa, CA 95401 Phone: (707) 583,8500 Fax: NIA Email: hurd@blcf.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 ( "lndemnitees ") 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 5 PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES 29 (1037730) Oct 2017 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 Rill 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. 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., "h-1, " `B -2 " `B -3, " or `B -4 "] City reserves the right to review any and all of the required insurance policies and /or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES (1037730) Oct 2017 30 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 27. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty 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 Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. 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 PROFESSIONAL SERVICES AGREEMENT —PREVAILING WAGES (1037730) Oct 2017 31 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 Petal-Lima 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 Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney file name: CONSULTANT .Rr Name Greg Hurd Principal / Vice President Title 200 Fourth Street, Suite 300 Address Santa Rosa, CA 95401 City State Zip 94- 1729773 Taxpayer I.D. Number Account # 0256161 License # L- 0951750 Petaluma Business Tax Certificate Number PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES 32 (1037730) Oct 2017 GYWIRIT A On -Call Surveying Services Scope of Services Consultant shall provide on -call surveying services to the City of Petaluma for various Capital Improvement Projects. The professional surveying services provided may include, but is not limited to the following projects: C16101201 Washington Street Bridge Seismic Rehabilitation C03200503 River Trail — Washington to Lakeville C16101823 17/18 Pavement Restoration C66401416 Tertiary Filtration System Expansion C66501305 Ellis Creek Solids Handling Upgrades C66101627 Ellis Creek Bridge C66401728 Ellis Creek High Strength Waste Facilities C66401822 Sewer Main Replacement C67501713 Water Service Replacements The following services shall be made available to the City upon request: • Topographic Surveys • Boundary Retracement Surveys • Records of Survey • Construction Surveys and Staking • Aerial Mapping Photogrammetry and Route Surveys • Control Surveys • Legal Description and Plats • Preparation of Maps and Exhibits • Hydrographic Surveys • Corner Records for Monument preservation • Hydrology & Hydraulic Cross Sections • Laser Scanning and LiDAR • Title Research • Easement and Right -of Way Documents 33 Scope of Service Surveying services will be requested by the City as needed for each specific project. Since the services will be on an "as needed" basis, the specific project's scope of work will be determined when such services are requested. A separate fee proposal will be required for each task requested. In consideration of the services to be performed by the Consultant, the City agrees to pay the Consultant at the hourly rates as set forth in the attached Hourly Billing Rates. The hourly rates indicated in the fee proposal includes all costs incurred to provide the service and no separate compensation for travel time, mileage, reimbursable and any other incidental expenses will be made. This entire contract, for all tasks, shall not exceed Seventy Five Thousand Dollars ($75,000.00). The Consultant's hourly billing rates shown in this agreement shall remain unchanged until December 31, 2019. Schedule of Performance At the request of the City, the Consultant shall prepare a scope of work and fee proposal for each specific project or task. Written Task Orders defining scope, cost, and schedule will be prepared and issued to the consultant during the duration of this contract. The Consultant shall commence work specified in the Task Order within five (5) working days after receiving the signed Task Order, or as directed by the City. All work under this contract shall be completed by December 31, 2019. Final Work Product The final work products produced by the Consultant in the form of computer files shall be delivered on a CD, in ESRI GIS shape file version 8.3 (or later), or an AutoDesk AutoCAD 2010 (or later) file, Microsoft Word, Access, or Excel format. All hard copy (paper) reports shall be signed and sealed and accompanied by associated digital files used to create them. All surveying work in AutoCAD format shall conform to City standards of layering, line -type, color, blocks, and scale. The City will provide the consultant with an AutoCAD template showing the City standards. Any line work or items not indicated in the template will be brought to the attention of the City, and the City will provide direction for those items. All of Consultant's work produced under the agreement shall be property of the City. 34 'Nal B k F l®+ LNOIREERS. AU -ORS. PLANNERS PROFESSIONAL PERSONNEL SERVICE FEES JANUARY 1, 2018 -DECEMBER 31, 2019 PERSONNEL 2018 2019 ENGINEERING Senior Associate Engineer $212 $217 Associate Engineer $206 $211 Senior Project Manager $202 $207 Project Manager $197 $202 Engineer IV $182 $187 Engineer III $168 $172 Engineer II $148 $152 Engineer $129 $132 Engineering Assistant $79 $81 Junior Engineer $67 $69 PLANNING Planner IV $182 $187 Planner III $168 $172 Planner II $148 $152 Planner $129 $132 SURVEYING Senior Associate Surveyor $212 $217 Associate Surveyor $206 $211 Senior Project Manager $202 $207 Project Manager $197 $202 SurveyorlV $181 $186 Surveyor III $168 $172 Surveyor II $148 $152 Surveyor I $129 $132 Survey Party Chief $169 $173 Survey Chainman $109 $112 Apprentice IV $105 $108 Apprentice III $99 $101 Apprentice II $90 $92 Apprentice 1 $67 $69 Instrumentman $145 $149 Surveying Assistant $79 $81 Junior Surveyor $67 $69 Utility Locating Superintendent $170 $174 Utility Locator III $149 $153 Utility Locator 11 $124 $127 Utility Locator 1 $88 $90 BIM Specialist III $168 $172 BIM Specialist 11 $148 $152 BIM Specialist 1 $129 $132 DESIGN AND DRAFTING Technician IV $155 $159 Technician III $143 $147 Technician II $131 $134 Technician I $123 $126 Drafter IV $127 $130 Drafter III $114 $117 Drafter II $106 $109 Drafter $96 $98 CONSTRUCTION ADMINISTRATION /QSP -QSD Sr. Construction Administrator $191 $196 Resident Engineer $142 $146 Field Engineer 111 $168 $172 Field Engineer II $148 $152 Field Engineer 1 $129 $132 Senior Consultant $221 $227 SERVICES AND EXPENSES Project Assistant $79 $81 Clerical /Admin. Assistant $67 $69 Delivery Services $35 $36 PRINCIPAL IN CHARGE $237 $243 Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10 %. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past due accounts. Expert witness /litigation rates are available upon request. 35 INSURANCE RE, QUIRIE;MENTS 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 maybe 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 InsuredRetentions 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 REQUMKENTS (City) (609325) August 2015 36 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 anyway 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 B2 Page 2 of 3 INSURANCE REQUIREMENTS (City) (609325) August 2015 37 �. Acceptability of Insurers Insurance is to be placed with insurers with a current AM. Best's rating of no less than A;VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Exhibit B2 Pflge 3 of 3 INSURANCF. RF.QTJTREJviFNTS (City) (609325) August 2015 38 PREVAILING WAGE EXHIBIT C -HOURS OF WORK: A, In accordance with Califomia Labor Code Section 1.810, eight (8) hours of labor in performance of the Services shall constitute a legal day's work under this Agreement. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one - and -one -half times the basic rate of pay. C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week; in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. in accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage, The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the. previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code, The Prevailing wage Exhibit for Servive Agreements Provisions Required Pursuant to California Labor Code § 1720 el seq. (1037770) (Sept 2007) 39 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 1843. 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) (Sept2007) 40 and any sub - consultant shall submit certified payroll records to the Department of Industrial Relations Labor Commissioner online: https: / /ai)ps.dir,ca. ov /ecpr/DAS /AltLoain. 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. B. In case it becomes necessary for the Consultant or any subconsultant engaged in performance of the Services to employ on the Services any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. file name: Prevailing wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et sqg. (1037770) (Sept2007) 41 EXHIBIT I) 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: • Aclrnowledge 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 aliy 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 CERTTBICATION . (1G38G97.2)Nov2012 42 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: BKF Engineers ' Date: (Print Na1ne of Covered Entity/Business -Capacity) By Greg Hurd (Print Name) Ae (Signature) Its Principal / Vice President (Title /Capacity of Authorized Signer) Page 2 of 3 January 3, 2018 LIVING117AGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nor 201?. 43 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS PURSUANT TO PEI TALUMA MUNICIPAL CODE SECTION 8,36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND /OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL, RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL LABOR RELATIONS BOARD, WHICH: + AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION - FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND ® HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOREACH SUCH CHARGE COMPLAINT, CITATION ORFINDING. "NONE" IF NONE, PLEASE STATE "NONE ": ATTACH ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if known: Page 3 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 44