HomeMy WebLinkAboutResolution 2018-012 N.C.S. 01/22/2018Resolution No. 2018 -012 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS WITH KLEINFELDER
AND RGH CONSULTANTS FOR ON -CALL GEOTECHNICAL
AND MATERIAL TESTING SERVICES
WHEREAS, the City of Petaluma wishes to design and construct Capital Improvement
Projects; and
WHEREAS, Capital Improvement Projects require the use of Geotechnical and Material
Testing to prepare geotechnical recommendations for design and provide material testing
services during construction, and staff requires the services of a qualified professional
Geotechnical and Material Testing firm for on -call services; and
WHEREAS, the City of Petaluma circulated a Request for Qualifications on November
20, 2017 and nine (9) proposals were received; and
WHEREAS, the proposals were reviewed and evaluated and Kleinfelder and RGH
Consultants were selected as consultants; and
WHEREAS, Kleinfelder and RGH's ability to produce quality work on Geotechnical
and Material Testing projects has been demonstrated in the City of Santa Rosa, City of Sonoma,
and in other Northern California municipalities; and
WHEREAS, staff recommends the City execute a professional services agreement with
Kleinfelder and RGH Consultants for on -call Geotechnical and Material Testing services in order
to complete construction plans and provide material testing during construction for various
capital improvement projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby
authorizes the City Manager to execute the attached Professional Services Agreements for on-
call Geotechnical and Material Testing services with Kleinfelder and RGH Consultants in an
amount not to exceed $75,000 for each agreement.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 22 "d day of January 1 for
2018, by the following vote: ,.
City , ttorney
AYES: Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller
NOES: None
ABSENT: Albertson
ABSTAIN: None
T;
ATTEST : —d
City Clerk Mayor
Resolution No. 2018 -012 N.C.S. Page 1
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
On -Call Geotechnical Materials Testing, and Inspection Services 2018
(Title of Project)
FY Fund It Cost Center Object Code Project # Amount $
For multi -year contracts or contracts with multiple accounts
FY 17(18
Fund it
Cost Center
Object Code
Project it Various CIPs Amount $10,000.00
FY 18119
Fund It
Cost Center
Object Code
Project # Various CLPs Amount $35,000.00
FY _—
Fund #
Cost Center
Object Code
Project It Amount $
FY
Fund #
Cost Center
Object Code
Project # Amount
FY
Fund #
Cost Center
Object Code
Project It 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 Kleinfelder, a Geotechnical 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.
TI- tEltEFORE, 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 fi -om the IRS website (www.ii-s.gov)
and has obtained a currently valid Petaluma business tax certificate.
Resolution No. 2018 -012 N.C.S. Page 2
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 teclmical personnel
to perform all Services tinder 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 fiu•nishing 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,
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.
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.
Resolution No. 2018 -012 N.C.S. Page 3
10. Proj4ress Retorts. 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.
11 Consultant No Aaeut. 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.
Resolution No. 2018 -012 N.C.S. Page 4
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 taws
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 Walzes. 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 Walze Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance, The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit D, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shalt 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
deenned delivered on receipt if delivery is confirmed by a return receipt;
Resolution No. 2018 -012 N.C.S. Page 5
(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: citycierk @ei.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: dstiohn@ci.petahtma.ca.us
Consultant: William V. McCormick, PG, CEG
Kleinfelder
2240 Northpoint Parkway
Santa Rosa, CA 95407
Phone: (707) 571 -1883
Fax: (707) 571 -7813
Email: bmccormickakleinfelder.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ( "Indemnitees ") from and against any and all 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
Resolution No. 2018 -012 N.C.S. Page 6
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 or 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 tiling
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 caloched
exhibit, e.g., "B -1, " `B -2, " "B -3, " ol, "B "]
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.
Resolution No. 2018 -012 N.C.S. Page 7
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. )L,itiffation. 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 16.54,
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
Resolution No. 2018 -012 N.C.S. Page 8
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, ITeadin„s. 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 t.uiderstandings, 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 CONSULTANT
City Manager Name
ATTEST; �i - --
Title
City Clerk Address
APPROVED AS TO FORM;
City State Zip
City Attorney
Taxpayer I.D. Number
L o ;0� `;o
Petaluma Business Tax Certificate Number
Resolution No. 2018 -012 N.C.S.
Page 9
EXHIBIT A
On -Call Geotechnical Engineering, Materials Testing, and Inspection Services
Scope of Services
Consultant shall provide on -call geotechnical engineering, materials testing and inspection services to
the City of Petaluma for various Capital Improvement Projects, The professional geotechnical
engineering, materials testing and inspection 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
C16301518
Old Corona Road Water Quality Mitigation
C16301722
Petaluma River Flood Management Denman Reach Phase 4
C66501305
Ellis Creek Solids Handling Upgrades
C66101627
Ellis Creek Bridge
C66401728
Ellis Creek High Strength Waste Facilities
C66401822
Sewer Main Replacement
C66501519
Payran Lift Station Upgrade
C67501713
Water Service Replacements
The following services shall be made available to the City upon request:
• Geotechnical Investigations
• Soil Sampling
• Materials Testing
• Laboratory Analysis
• Preparation of Design Criteria and Recommendations
• Preparation of Geotechnical Reports
Scope of Service
Geotechnical, materials testing and inspection 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.
Resolution No. 2018 -012 N.C.S. Page 10
In consideration of the services to be performed by the Consultant, the City agrees to pay the Consultant
at the hourly rates and materials testing rates as set forth the attached Hourly Billing and Materials
Testing rates. The hourly rates and materials testing 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 Seventy Five
Thousand Dollars ($75,000.00). The Consultant's hourly billing rates and materials testing 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), 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 of Consultant's work produced under the agreement shall be property of the City.
Resolution No. 2018 -012 N.C.S. Page 11
KLEINFELDER 2016 FEE SCHEDULE
PROFESSIONAL STAFF RATES*
Professional...................................................................................................... ............................... $ 130/ hour
StaffProfessional .............................................................................................. ............................... $ 145/ hour
ProjectProfessional .......................................................................................... ............................... $ 175/ hour
PrincipalProfessional ....................................................................................... ............................... $ 190/ hour
Senior Principal Professional ............................................................................ ............................... $ 220/ hour
Designer/ Drafter ................................................................................................ ............................... $ 120/ hour
Project Controls Professional ............................................................................ ............................... $ 125/ hour
TECHNICAL STAFF RATES
Technician (Prevailing Wage Projects) ............................................................. ............................... $ 115/ hour
Technician (Non - Prevailing Wage Projects) ..................................................... ............................... $ 105/ hour
SeniorInspector ................................................................................................ ............................... $ 120/ hour
ConstructionManager ....................................................................................... ............................... $ 155/ hour
ADMINISTRATIVE STAFF RATES
Administrator.................................................................................................... ............................... $ 90/ hour
ProjectAdministrator ........................................................................................ ............................... $ 115/ hour
Mileage (portal to portal) .................................................................................. ............................... $ 0.80/ mile
Minimum Charges for Office Time Per Day ................................ ............................... One Hour at Applicable Rate
Kleinfelder reserves the right to adjust the fee schedule on projects not completed within 180 days from the contract signature date.
Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical and environmental
engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists.
Hourly rates assume that other direct costs will be billed and reimbursed by the client. Kleinfelder reserves the right to adjust
the fee schedule on projects where other direct costs are not reimbursed.
Kleintelder Fee Schedule 2016
Kleinfelder's complete Fee Schedule for Geotechnical and Materials Testing Services is attached as Appendix A.
1 KL /NFELO,ER
Resolution No. 2018 -012 N.C.S. Page 12
SOIL TESTS
SOIL DENSITY TESTS
Test
Standard Test Methodt
Fee
Standard Proctor, 4" Mold
D698, T99
$
240.00
each
Standard Proctor, 6" Mold
D698, T99
$
240.00
each
Modified Proctor, 4" Mold
D1557, T180
$
240.00
each
Modified Proctor, 6" Mold
D1557, T180
$
240.00
each
Proctor Check Point
T272
$
125.00
each
Proctor Oversize Correction
D4718
$
70.00
each
Treated Soil Proctor
D558
$
320.00
each
Minimum and Maximum Relative Density
D4254, D4253
$
400.00
each
Moisture/Density, TEX 113 -E
TEX113 -E
$
275.00
each
Moisture/Density, TEX 114 -E
TEX114 -E
$
275.00
each
California Impact, CTM 216, Dry Method
CTM216
$
225.00
each
California Impact, CTM 216, Wet Method
CTM216
$
195.00
each
SOIL CLASSIFICATION AND INDEX TESTS
Test
Standard Test Methodt
Fee
Visual Classification
D2488
$
20.00
each
Sieve Analysis, % Finer than 200 Sieve
D1140
$
85.00
each
Sieve Analysis, Fine
D422, D6913, T88
$
125.00
each
Sieve Analysis, Coarse
D422, D6913, T88
$
125.00
each
Sieve Analysis, Coarse and Fine
D422, D6913, T88
$
160.00
each
Hydrometer Analysis Requires a Sieve Analysis, not included)
D422, D7928
$
175.00
each
Water Content
D2216, D4363, T265
$
25.00
each
Water Content and Dry Unit Weight
D2216, D2937, D7263
$
45.00
each
Atterberg Limits, Single Point
D4318 -8, T89, T90
$
115.00
each
Atterberg Limits, Multiple Point
D4318 -A, T89, T90
$
180.00
each
Atterberg Limits, Liquid Limit Only
D4318, T90
$
115.00
each
Soil Specific Gravity
D854, T100
$
150.00
each
Soil Organic Content
D2974 -C
$
110.00
each
Pinhole Dispersion Classification
D4647
$
400.00
each
Soil pH
D4972, G51
$
60.00
each
Double Hydrometer for Dispersive Soils
D4221
$
400.00
each
Soil Resistivity
G187
$
160.00
each
Chloride Content
$
60.00
each
Sulfate Content
$
60.00
each
Thermal Resistivity, Per Point
D5334, IEEE 422
$
315.00
each
Thermal Resistivity, Dr -Out Curve
D5334, IEEE 422
$
925.00
each
SOIL BEARING PRESSURE TESTS
_
Test
Standard Test Methodt
Fee
California Bearing Ratio, Single Point (proctor not included)
D1883, T193
$
350.00
each
California Bearing Ratio, 3 Points (proctor not included)
D1883, T193
$
650.00
each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those bectinnina with T are AASHTO methods.
Revised 8/1/2016
Resolution No. 2018 -012 N.C.S. Page 13
SOIL 'rEs ('s m(continued)
SOIL BEARING PRESSURE TESTS (continued)
Test
Standard Test Methodt
Fee
Resistance R -Value
D2844
$
315.00
each
Resistance R -Value of Treated Material
D2844
$
370.00
each
Rock Correction for R -Value
D2844
$
85.00
each
Stabilized Soil UC Strength, 1 Point (proctor not /nctuded)
D1633, D5102
$
175.00
each
Stabilized Soil UC Strength, Set of 3
D1633, D5102
$
950.00
each
373, 1 Lime Content, w/o Opt, Moist.
CTM373
$
160.00
each
_CTM
CTM 373, 1 Lime Content
CTM373
$
365.00
each
CTM 373, 3 Lime Contents
CTM373
$
1,050.00
each
Eades and Grim Test (Opt, Lime Content )
C977
$
175.00
each
Resilient Modulus
T307
$
475.00
each
CTB Strength, Individual Specimen
D4546
$
185.00
each
CTB Strength, Set of 3, Without Design
D4546
$
420.00
each
CTB Complete Mix Design
D4829
$
1,250.00
each
SOIL STRENGTH AND PERMEABILITY TESTS
Test
Standard Test Methodt
Fee
Pocket Penetration Value
$
15.00
each
Unconfined Compressive Strength
D2166, T208
$
140.00
each
Direct Shear, 1 Point
D3080, T236
$
135.00
each
Direct Shear, 3 Points
D3080, T236
$
370.00
each
Direct Shear, Residual Strength, Each Pt
D3080- Modified
$
210.00
each
Consolidation without Time Rate Plots
D2435- Modified
$
345.00
each
Consolidation with 2 Time Rate Plots
D2435 -A, T216 -A
$
450.00
each
Consolidation, All Loads with Time Rates
D2435 -13, T216 -B
$
630.00
each
Collapse Potential
D5333
$
185.00
each
One Dimensional Free Swell
D4546
$
155.00
each
One Dimensional Swell, Percent Heave
D4546
$
250.00
each
One Dimensional Swell with Consolidation
D4546
$
465.00
each
Expansion Index
D4829
$
185.00
each
Denver Swell Test
$
110.00
each
Permeability, Rigid Wall
D2434
$
420.00
each
Permeability, Flexible Wall
D5084 -C
$
380.00
each
Triaxial Compression, CU, 1 Point
D4767, T297
$
475,00
each
Triaxial Compression, CU, 3 Points
D4767, T297
$
1,250.00
each
Triaxial Compression, UU, 1 Point
D2850, T296
$
210.00
each
Triaxial Compression, UU, 3 Points
D2850, T296
$
575.00
each .
Triaxial Compression, UU Saturated, 1 Point
D2850- Modified
$
285.00
each
Triaxial Compression, UU Saturated, 3 Points
D2850- Modified
$
790.00
each
_
Triaxial Test, TEX117E, Part I
TEX117E
$
2,250.00
each
Triaxial Test, TEX117E, Part II
TEX117E
$
2,250.00
each
tCommon ASTM, AASHTO and DOT test methods.
® Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beciinnina with T are AASHTO methods.
Revised 8/1/2016
Resolution No. 2018 -012 N.C.S. Page 14
AGGREGATE TESTS
Test
Standard Test Methodt
Fee
Acid Solubility
AWWA B100
$
175.00
each
Air Degradation
ODT TM208
$
200.00
each
ASR Reactivity, Long Method
C227, C1293
$
1,575.00
each
ASR Reactivity, Short Method
C1260, C1567
$
895.00
each
Cleanness Value
CTM227
$
160.00
each
Clay Lumps and Friable Particles, per size *(see note below)
C142, T112
$
105.00
each
Coarse Specific Gravity & Absorption
C127, T85
$
80.00
each
Fine Specific Gravity & Absorption
C128, T84
$
105.00
each
Coarse Durability
D3744, T210
$
140.00
each
Fine Durability
D3744, T210
$
140.00
each
Flat and Elongated Particles, per size *(see note below)
D4791
$
80.00
each
Fractured Faces, per size *(see note below)
D5821, T335
$
105.00
each
Lightweight Pieces (Per specific gravity of heavy liquid)
C123, T113
$
330.00
each
Los Angeles Abrasion, Large Aggregate
0535
$
210.00
each
Los Angeles Abrasion, Small Aggregate
C131, T96
$
185.00
each
Mortar Sand Strength
C87, CTM515
$
580.00
each
Organic Impurities
C40, T21
$
65,00
each
Sand Equivalent, 1 point
D2419, T176
$
75,00
each
Sand Equivalent, 3 points
D2419, T176
$
140,00
each
Sieve Analysis, % Finer than 200 Sieve
C117, T11
$
85.00
each
Sieve Analysis, Fine
C136, T27
$
125,00
each
Sieve Analysis, Coarse
C136, T27
$
125.00
each
Sieve Analysis, Coarse and Fine
C136, T27
$
160.00
each
Soundness of Aggregate, per size *(see note below)
C88, T104
$
145,00
each
Unit Weight
C29, T19
$
65.00
each
Water Content
D2216, C566, T255
$
25.00
each
Texas Wet Ball Mill
TEX116E
$
300.00
each
Decantation Wash
TEX406A
$
90.00
each
Uncom acted Void Content of Fine Aggregate
C1252, T304
$
135.00
each
Idaho Degradation
IDT T -15
$
330.00
each
*Tests are billed by each size fraction tested. The giiantity of fractions tested is dependent on the sample gradation and test method.
ILTER MEDIA TESTS
Test
Standard Test Methodt
Fee
Filter Media, Sieve Analysis (Includes 00, d6o, es, cu)
AWWA B100
$
185.00
each
Filter Media, Mohs Hardness
AWWA B100
$
185.00
each
Filter Media, Percent Silica
$
200.00
each
Acid Solubility
AWWA B100
$
175.00
each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beqinninq with T are AASHTO methods,
Revised 8/1/2016
Resolution No. 2018 -012 N.C.S. Page 15
ROCK TESTS
Test
Standard Test Methodt
Fee
Rock Sample Preparation
C39
$
85.00
each
Rock Direct Shear, '1 Point
D5607
$
150.00
each
Rock Direct Shear, 3 Points
D5607
$
375.00
each
Rock Mohs Hardness
C567
$
25.00
each
Rock Point Load Index
D5731
$
35.00
each
Rock Point Load, Set of 10
D5731
$
210.00
each
Rock Slake Durability
D4644
$
135.00
each
Rock Tensile /Brazilian
D3967
$
215.00
each
Rock Triaxial Compression w /Modulus of Rupture
D7012
$
560,00
each
Rock Triaxial Compression
D7012
$
420.00
each
Rock Unconfined Compression
D7012
$
210.00
each
Rock Unconfined Compression vv/Modulus of Rupture
D7012
$
360.00
each
Above testing fees include routine sample pro aration rindln and test sample photographs.
CONCIRETE T EST
Test
Standard Test Methodt
Fee
Concrete Compression
C39
$
31.00
each
Concrete Core Compression
C42
$
70.00
each
Concrete Creep
C512
$
2,000.00
each
Concrete Cylinder Unit Weight
C567
$
105.00
each
Concrete Drying Shrinkage, set of 3
C157
$
500.00
each
Concrete Flexural Strength
C78
$
105.00
each
Concrete Modulus of Elasticity
C469
$
300.00
each
Concrete Splitting Tensile Strength
C496
$
90.00
each
Concrete Core Thickness
C174
$
20.00
each
Concrete Laboratory Trial Batch
C192
$
1,250.00
each
RCC Compression
C39
$
65.00
each
Shotcrete Compression
C1140
$
80.00
each
Concrete Absorption after 3 -Hour Boil
C497
$
160.00
each
Concrete Absorption after 5 -Hour Boil
C497, C642
$
160.00
each
Concrete Absorption after 10- Minute Soak
C497
$
105.00
each
CLSM Compression
D4832
$
45.00
each
Concrete_ Permeability
COE CRD C 48
$ _
2,800.00
each
Concrete Chloride Ion Penetration
C1202
$
750.00
each
tCornmon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginningi with T are AASHTO methods.
Revised 8/1/2016
Resolution No. 2018 -012 N.C.S. Page 16
MASONRY TESTS
Test
Standard Test Methodt
Fee
Masonry Grout Compression
C1019
$
31.00
each
Masonry Mortar Compression
C942
$
31.00
each
Masonry Core Compression
CA DSA
$
70.00
each
Masonry Core Shear
CA DSA
$
70.00
each
Masonry Prism Compression
C1314
$
115.00
each
CMU Absorption and Received Moisture
C140
$
80.00
each
CMU Compression
C140
$
105.00
each
CMU Dimension Verification
C140
$
45.00
each
CMU Lineal Shrinkage
C426
$
250.00
each .
Masonry Brick Absorption
C67
$
85.00
each
CMU/Seg. Retaining Wall Unit Freeze -Thaw
$
1,750.00
each
ASPHALT-CF-ST
BINDER TESTS
Test
Standard Test Methodt
Fee
Absolute Viscosity
D2171
$
220.00
each
Bitumen Penetration
D5
$
80.00
each
Kinematic Viscosity
D2170
$
200.00
each
Recovery by Roto -Vapor
D5404
$
365.00
each
Softening Point, Ring & Ball
D36
$
105.00
each
Bitumen Recovery by Abson Method
D5404
$
375.00
each
Ductility of Bitumen
D113
$
130.00
each
Resilience of AR Binders
D5329
$
80.00
each
EMULSION TESTS
Test
Standard Test Methodt
Fee
Emulsion Elastic Recovery
D6084, T301
$
260.00
each
Emulsion Settlement
D6930, T59
$
235.00
each
Emulsion Sieve Test
D6933, T59
$
105.00
each
Emulsion Storage Stability
D6930, T59
$
185.00
each
Emulsion Torsional Recovery
CTM332
$
160.00
each
Particle Charge
D7402, T59
$
105.00
each
Residue by Evaporation
D6934, T59
$
115.00
each
Sa bolt Viscosity
D7946, T59
$
160.00
each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Revised 8/1!2016
Resolution No. 2018 -012 N.C.S. Page 17
ASPHALT TESTS (continued)
MIX PROPERTY TESTS
Test
Standard Test Methodt
Fee
Air Voids Determination (calculation only)
D3203
$
50.00
each
VMA Determination calculation only)
CTM302
$
55.00
each
VFA Determination calculation only)
D1075
$
55.00
each
Volumetric Properties calculation only)
T312
$
55.00
each
Gradation of Extracted A re ate
D5444
$
120.00
each
AC Core Thickness
D3549
$
15.00
each
AC Content by Extraction
D2172
$
210.00
each
Hveem Stability
D1560
$
340.00
each
Hveem Stability without Compaction
D1560
$
175.00
each
AC Content by Ignition Oven
D6307, T308
$
150.00
each
AC Ignition Oven Calibration (determination of mix correction)
D6307
$
315.00
each
AC Moisture Content
T329
$
55.00
each
AC Content by Nuclear Gauge
D4125
$
220.00
each
Marshall Stability and Flow does not include compaction)
D6927
$
160.00
each
AC Swell
CTM305
$
110.00
each
AC Core Unit Weight & Thickness
D1188, D2726, D3549
$
55.00
each
Slurry Seal Wet Track Abrasion
D3910, ISSA TB100
$
350.00
each
DESIGN AND DENSITY TESTS
Test
Standard Test Methodt
Fee
Centrifuge Kerosene Equivalent
CTM303
$
250.00
each
Film Stripping
CTM302
$
130.00
each
Index of Retained Strength
D1075
$
1,050.00
each
Unit Weight, Gyratory Method
T312
$
370.00
each
Unit Weight, Hveem Method
D1561
$
300.00
each
Unit Weight, Marshall Method
D6926
$
220.00
each
Maximum Theoretical Specific Gravity
D2041
$
150.00
each
Moisture Induced Damage
T283
$
1,470,00
each
Caltrans Tensile Strength Ratio
CTM371
$
2,200.00
each
Moisture Vapor Susceptibility
$
300.00
each
Mix Design, Hveem Method W /RAP
$
7,600.00
each
Mix Design, Hveem Method
$
5,400.00
each
Mix Design, Marshall Method
$
3,000.00
each
Mix Design, Su er ave Method
$
6,000.00
each
Caltrans Opt Bitumen Content OGFC
CTM368
$
1,575.00
each
Hamburg Wheel Track, Set of 2
$
1,100.00
each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beqinninq with T are AASHTO methods.
Revised 8/1/2016
Resolution No, 2018 -012 N.C.S. Page 1.8
METAL TESTS
BOLT TESTS
Test
Standard Test Methodt
Fee
Bolt Assembly Suite Bolt, Nut, Washer)'
F606
$
200.00
each
Bolt Hardness
E18
$
30.00
each
Bolt Proof Load
F606
$
40.00
each
_
Bolt Wedge Tensile
F606
$
40.00
each
Nut Hardness
E18
$
30.00
each
Nut Proof Load
F606
$
40.00
each
Washer Hardness
E18
$
30.00
each
*An 'assembly' is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test, bolt and nut proof load tests, and
hardness tests on all three pieces,
METAL TESTS
Test
Standard Test Methodt
Fee
Bend
A370, E290
$
40.00
each
Rebar Coupler Slippage
A370, CTM 670
$
140.00
each
Rebar Coupler Tensile
A370, A1034, CTM 670
$
90.00
each
Rebar Coupler Tensile ?2 S ,In. CrossSect
A370, A1034, CTM 670
$
150.00
each
CTM 670 Strain Elongation
CTM670
$
20.00
each
PT Strand Tensile
A370, A1061
$
150.00
each
Spliced Specimen Tensile
A370, A1034
$
90.00
each
Tensile <2.0 S . In. Cross -Sect.
A370, E8
$
90.00
each
Tensile ?2.0 S , In. Cross -Sect.
A370, E8
$
150.00
each
Rockwell Hardness
E18
$
30.00
each
Macroetch
E381
$
200.00
each
Charpy Impact, Set of 3 *
A370, A673
$
315.00
each
Galvanization Thickness
B499, E376
$
25.00
each
Metal Modulus of Elasticity
$
80.00
each
Fireproofing Density
E605
$
55.00
each
*Machining test specimens is not included. Additional fees n7ay be assessed for testing at temperatures other than 40T.
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beqinninq with T are AASHTO methods.
Revised 8/1/2016
Resolution No. 2018 -012 N.C.S. Page 19
DIMENSION STONE AND ROOFING MATERIAL TESTS
DIMENSION STONE
Test
Standard Test Methodt
Fee
Dimension Stone, Absorption/Spec. Gray.
C97
$
220.00
set /5
Dimension Stone, Compressive Strength
C170
$
220.00
set/5
Dimension Stone, Flexural Strength
C880
$
220.00
set /5
Dimension Stone, Modulus Of Rupture
C99
$
220.00
set/5
ROOFING MATERIAL
Test
Standard Test Methodt
Fee
Roof Tile Absorption
C579
$
100.00
each
Roofing, Unit Weight of Surfacing
D2829
$
100.00
each
Roof Tile Breaking Load
UBC 15 -5
$
50.00
each
Roof Tile, Permeability
$
150.00
each
MISCELLANEOUS TESTS
MISCELLANEOUS TESTS
Test
Standard Test Methodt
Fee
Non-Masonry Grout Compression
C579
$
31.00
each
Hydraulic Ram Calibration
$
300.00
each
Polymer Composite Materials
D3039
$
650.00
set/5
SAMPLE PREPARATION
SAMPLE PREPARATION
Test
Standard Test Methodt
Fee
Rock Sample Preparation
D4543
$
160.00
each
Sample Crushing
$ _
125.00
each
Sample Cutting and Trimming
$
31.00
each
Sample Mixing and Processing
$
45.00
each
Sample Preparation
$
45.00
each
Sample Preparation, per hour
$
100.00
each
Sample Remolding
$
80.00
each
Contamination Fee
$
250.00
each
Sample Disposal Fee
$
10.00
each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Revised 8/1/2016
Resolution No. 2018 -012 N.C.S. Page 20
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 umder this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain, for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2, Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance,
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with, a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C, Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Resolution No, 2018 -012 N.C.S. Page 21
self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers,
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability,
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after, thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
7. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage
requirement and /or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
8, The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non - contributory basis for the benefit of the City
of Petaluma before the City of Petaluma's own insurance or self-insurance shall
be called upon to protect it as a named insured.
Resolution No. 2018 -012 N.C.S. Page 22
I„ Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M, Best's rating of no less than
A: VII.
F, Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Resolution No. 2018 -012 N.C.S. Page 23
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 tinges
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
Conunissioner 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 larowledge of their obligations under the California Labor Code. The
Resolution No. 2018 -012 N.C.S. Page 24
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 tmless 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 fiom the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C, In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime hour-s 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
Resolution No. 2018 -012 N.C.S. Page 25
and any sub - consultant shall submit certified payroll records to the Department of
Industrial Relations Labor Commissioner online:
littps:/ /apps.dir,ca.gov /ecpr /DAS /A1tLo in, 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 nliniunurn 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 fiimished shall be applicable as a
minimum for such trade or occupation from the time of the initial employment of the
person affected and during the continuance of such employment.
file name:
Resolution No. 2018 -012 N.C.S. Page 26
EXHIBIT D
ACI{NO'WLEDGEMENT AND CERTII+ICATION PURSUANT TO
CITY OF PETALUMA LIVING 'WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8,36
The City of Petahnna Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between
the City of Petaluma ( "City ") and /or the Petaluma Community Development Commission
( "PCDC ") and contractors, lessees, franchisees, and /or recipients of City and/or PCDC funding
or financial benefits ( "covered entities ").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions,
Complete the Report of Charges, Complaints, Citations and /or Findings contained in this
Acluiowledgement 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 Conmlissioner), 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 begimung 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,
Resolution No. 2018 -012 N.C.S. Page 27
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract LD:
Date: k
(Print Name of Covered Entity/Bminess Capacity)
By
(Print Name)
Its
(Signature)
(Title /Capacity of Authorized Signer)
Resolution No. 2018-012 N.C.S. Page 28
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 (OSIIA), CALIFORNIA DI PARTmuNT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER, ENVIRON1vfENTAL 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
DEVELOPh,IENI' COI\,MSSION- FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUivfA
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 NIANNER OF RESOLUTION, IF
ANY, f, OR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE ":
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Cow-t:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Resolution No. 2018 -012 N.C.S. Page 29
Exhibit B
PROFESSIONAL SERVICES AGREEMENT
On -Call Geotechnical, Materials Testing, and Inspection 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 only)
municipal corporation and a charter city ( "City ") and RGH Consultants, a Geotechnical
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.gov)
and has obtained a currently valid Petaluma business tax certificate.
Resolution No. 2018 -012 N.C.S. Page 30
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.
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,
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,
Resolution No. 2018 -012 N.C.S. Page 31
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. 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.
Resolution No. 2018 -012 N.C.S. Page 32
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 Waves,. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance, The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit D, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section d 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;
Resolution No. 2018 -012 N.C.S. Page 33
(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: cityclerlc @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: dstjohnAci.petaluma,ca.us
Consultant: Eric G. Chase, P.E.
RGH Consultants
1305 North Dutton Avenue
Santa Rosa, CA 95401
Phone: (707 ) 544 -1072
Fax: (707 544 -1082
Email: eehase@,rg-hgeo.corn
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 ( "Inderrmitees ") 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
Resolution No. 2018 -012 N.C.S. Page 34
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 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.
Resolution No. 2018 -012 N.C.S. Page 35
25, Amendment, This Agreement may be amended only by a written instrument executed
by both Parties,
26. Litil4ation. 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 fall 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 minimurn 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
Resolution No. 2018 -012 N.C.S. Page 36
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
CONLTANT
By
Name
Vice P'rzcowi°
Title
Resolution No. 2018 -012 N.C.S. Page 37
EXHIBIT A
On -Call Geotechnical Engineering, Materials Testing, and Inspection Services
Scope of Services
Consultant shall provide on -call geotechnical engineering, materials testing and inspection services to
the City of Petaluma for various Capital Improvement Projects. The professional geotechnical
engineering, materials testing and inspection 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
C16301518
Old Corona Road Water Quality Mitigation
C16301722
Petaluma River Flood Management Denman Reach Phase 4
C66501305
Ellis Creek Solids Handling Upgrades
C66101627
Ellis Creek Bridge
C66401728
Ellis Creek High Strength Waste Facilities
C66401822
Sewer Main Replacement
C66501519
Payran Lift Station Upgrade
C67501713
Water Service Replacements
The following services shall be made available to the City upon request:
• Geotechnical Investigations
• Soil Sampling
• Materials Testing
• Laboratory Analysis
• Preparation of Design Criteria and Recommendations
• Preparation of Geotechnical Reports
Scope of Service
Geotechnical, materials testing and inspection 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.
Resolution No. 2018 -012 N.C.S. Page 38
In consideration of the services to be performed by the Consultant, the City agrees to pay the Consultant
at the hourly rates and materials testing rates as set forth the attached Hourly Billing and Materials
Testing rates. The hourly rates and materials testing 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 Seventy Five
Thousand Dollars ($75,000.00). The Consultant's hourly billing rates and materials testing 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), 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 of Consultant's work produced under the agreement shall be property of the City.
Resolution No. 2018 -012 N.C.S. Page 39
Experience is the difference
Santa Rosa Office
1305 North Dutton Ave
Santa Rosa, CA 95401
P: 707 - 544 -1072
F: 707 - 544 -1082
Napa Office
1041 Jefferson Sf, Suite 4
Napa, CA 94559
P: 707 - 252 -8105
F: 707 - 544 -1082
PREVAILING WAGE SCHEDULE OF CHARGES
Effective September 1, 2016
Middletown Office
P.O. Box 852
Middletown, CA 95461
P: 707 - 987 -4602
F: 707 - 987 -4603
Unless agreed otherwise, work is charged for on a time and expense basis in accordance with the following
schedule of charges:
PERSONNEL
Principal......................................... ...............................
Senior Associate ............................ ...............................
Associate........................................ ...............................
Project Manager ............................. ...............................
Senior Engineer ............................. ...............................
Senior Geologist ............................. ...............................
Project Engineer /Geologist ............ ...............................
Staff Engineer /Geologist ................ ...............................
FieldEngineer ................................ ...............................
Graphics......................................... ...............................
Report Typing /Reproduction .......... ...............................
EQUIPMENT
Vehicle ....
Nuclear Density Gauge ................. ...............................
Water Level Indicator .................... ...............................
Slope Inclinometer Instrument ...... ...............................
Pachometer................................... ...............................
CoringMachine ............................. ...............................
Stormwater Sampling Equipment .. ...............................
Specialty Software (i.e. SLOPE /W, EZ- FRISK, VolFlo)
CONCRETE
Compression Testing - Set of 4 Cylinders
Each Additional Cylinder Break ................
Coring Charge ........... ...............................
OTHER
... $195 /hour
........................................... ............................... $185 /hour
........................................... ............................... $170 /hour
........................................... ............................... $155 /hour
........................................... ............................... $140 /hour
........................................... ............................... $135 /hour
........................................... ............................... $120 /hour
........................................... ............................... $105 /hour
........................................... ............................... $110 /hour
............................................. ............................... $80 /hour
............................................. ............................... $60 /hour
............................................. ............................... $15 /hour
.............................................. ............................... $12 /test
............................................ ............................... $35 /day
.......................................... ............................... $150 /day
.............................................. ............................... $25 /day
............................................ ............................... $300 /day
......... . ..... ... ... . ....................... . ......... I..................... $50 /day
............................................. ............................... $25 /hour
................................................... ............................... $115
..................................................... ............................... $35
................................................... ............................... $125
Travel time is charged at regular rates. Vehicle mileage is charged at the current federal rate. For court
appearance, expert witness testimony, or deposition the charge is $275 per hour for the principal, associate, and
project level professional and $175 per hour for all others, payable in advance. Four and eight hour minimums apply
for court appearance.
Time worked in excess of 8 hours per day and Saturday /night work will be charged at 1.5 times the hourly rate.
Time worked in excess of 12 hours per day and Sundays /holidays will be charged at 2 times the hourly rate.
Outside services including laboratory analysis, consultants, subcontractors, equipment not listed above, outside
reproduction, aerial photographs, meals, lodging, shipping and special equipment or services not listed above are
charged at cost plus 20 percent.
Resolution No. 2018 -012 N.C.S. Page 40
LABORATORY FEES
EvIvrience is the tlyjirence
Effective May 1, 2016
Description
Moisture - Density Relationship Tests
Test Designation Rate
Standard Proctor Compaction - 4 -inch mold ....................... ............................... ASTM D -698 ....................... $235 /each
Standard Proctor Compaction - 6 -inch mold ....................... ............................... ASTM D- 698 ....................... $265 /each
Modified Proctor Compaction - 4 -inch mold ........................ ........................... ASTM D -1557 ....................... $255 /each
Modified Proctor Compaction - 6 -inch mold ........................ ........................... ASTM D- 1557 ....................... $300 /each
Check Point (4 -inch mold) .................................. ............................... ASTM D -698 or D- 1557 ......................... $90 /each
Check Point (6 -inch mold) ... ............................... ASTM D -698 or D -1557 ....................... $105 /each
Check Point ( CAL - 216) ...................................... ............................... CAL - 216 ...................$1
10/each
California Impact (CAL -216) wet ............................................... ............................... CAL - 216 ....................... $300 /each
California Impact (CAL -216) dry ................................................ ............................... CAL - 216 ....................... $330 /each
Rock Correction ............ ............................... ........................... ASTM -4718 ......................... $90 /each
After 3 p.m. for next day, or same day turnaround ..................................................................... ............................$80 /add
Classification and Index Tests
Particle Size:
Sieve Analysis to #200 ............................. ............................... ASTM D -422 Cal 202 .......................
$125 /each
Sieve Analysis to #200 with split sieve ............... ...........................ASTM S- 422 ..................
$210 /each
Sieve Analysis (without wash) ................................................... CAL - 202 ...................
$75 /each
Sieve Analysis % Minus #200 .............. ............................... ASTM D- 1140 ..........................
$75 /each
Sieve Analysis % Minus #200 with split sieve ........ ........................... ASTM D -1140 .......................$160
/each
Sieve Analysis % Minus #4, % Minus #200 ( -4, -200) ........................ ASTM D -422 .......................$110
/each
Sieve Analysis % Minus #4, % Minus #200 w/ +3/4" gravel ...........ASTM D- 422 ..................$185
/each
Sieve Analysis with Standard Hydrometer (Assumed Gs) ...............ASTM D- 422 .... ..................
$200 /each
Sieve Analysis with Standard Hydrometer with split sieve (Assumed Gs) ASTM - 422 ................$275
/each
Any Hydrometer with actual Specific Gravity run . ............................... ...........................$100
/add
Hydrometer Only ............................... ............................... ASTM D - 422 ...................$1
25 /each
Dispersion Double Hydrometer .................. ...........................ASTM D- 4221- 90............
$390 /each
BouyoucosHydrometer Method ................................................................................. ............................$90
/each
Septic System Bulk Density ...................................................... ...............................
$55 /each
Atterberg Limit (PI) wet method ........... ............................... ...........................ASTM D-4318 ........................
$240 /each
Atterberg Limit (PI) dry method .......................... ...........................ASTM D- 4318 ..................
$260 /each
Liquid Limit only ........... ............................... ...........................ASTM D -4318 ..... , ............
$150 /each
Atterberg Limit, if found to be non- plastic .................... ............................... ...........................$165
/each
Shrinkage Limit ...................................... ............................... AASHTO- T92...................
$300 /each
Specific Gravity of Soil (Gs) ..................... ............................... ........................... ASTM D- 854 ...........................
$110 /each
Porosityof Soil ............................................................................................. ............................... ...........................$145
/each
OrganicContent ........................................ ............................... .........................ASTM D- 2974 ...........................
$115 /each
pHTest ..................................................... ............................... ...........................ASTM D- 4972 .............................
$65 /each
Lime Stabilization Ability .................................................... ............................... ASTM C -977 ..........................$390
/each
LogSample Tube .................................... ............................... ........................... ASTM D -2488 ............................$75
/each
MoistureContent Only ........................... ............................... ...........................ASTM D- 2216 .............................
$15 /each
Moisture Density- 2.43 -inch diameter tube sample ................. ASTM D -2216 and D- 2937 ............................
$25 /each
Moisture Density- 2.87 -inch diameter tube sample .................. ASTM D -2216 and D- 2937 ...........................
$25 /each
ASTM D 7263
Chunk Density .......................................... ............................... - .........................
$7 0 /each
Chunk Dispersion ........... ............................... ...........................ASTM D -6572 .....................$80
/each
Moisture Content At 100% Saturation .......................... ............................... ...........................$135
/each
Resolution No. 2018 -012 N.C.S. Page 41
RGH - Laboratory Fees
Description
Unconfined and Triaxial Shears
Test Designation
Rate
Unconfined Compression (UC) ............................ ............................... ASTM D- 2166 ......................... $90 /each
Unconsolidated - Undrained (TX/UU) ....................... ...........................ASTM D- 2850....................... $145 /each
Unconsolidated - Undrained Saturated (TX/UU /S) ............................................... ............................... $250 /each
Consolidated - Undrained- Saturated W/Pore Pressure (TX/CU) ...... ASTM D- 4767 ....................... $520 /each
2 Stage TX/CU W/Pore Pressure .......................................................................... ............................... $750 /each
3 Stage - TX /CU W/Pore Pressure ....................................................................... ............................... $970 /each
Consolidated - Drained- Saturated ( TX/ CD) .................... ............................... EM- 1110 ....................... $700 /each
Soil /Lime Strength Study ......................................................... CT- 373 ..................... $990each
Beforeand after test photos ......................................................... ............................$40 /each
PlasterCapping (if necessary) ...................................................................................... ............................$40 /add
Direct Shear Tests
Unsaturated( DS/ UU) ........................................... ...............................
Unconsolidated - Undrained (DS/UU) .................. ...............................
Consolidated Drained (DS /CD) ........................... ...............................
Consolidated- Drained, Residual ( DS/ CD/ R) ....... ...............................
For multiple points multiply single point price by number of points.
Shear Times exceeding one day ......................................... ...............................
Consolidation/Expansion Tests
................. ............................... $115 /each
... ............ . ..... I ... ....................... $170 /each
ASTM D- 3080 ....................... $275 /each
................. ............................... $440 /each
............ ............................... $110 /day
Consol without Time Rate ....................... ............................... ........................... ASTM D -2435 ....................... $350 /each
Consol with Two Time Rates ................. ............................... ........................... ASTM D -2435 ....................... $400 /each
AdditionalTime Rates ........................................................................................................... ............................... $65 /each
HistoricesLoop ........................................................................................ ............................... ...........................$100 /each
Swell- Settlement Potential (1 PT) ............ ............................... ........................... ASTM D- 4546 ....................... $145 /each
Expansion Pressure (1PT) ....... ............................... ...........................ASTM D -3877 Modified ....................... $270 /each
Expansion Pressure Curve (3PT) ........................... ...........................ASTM D -3877 Modified ....................... $290 /each
Shrink Swell ............................. ............................... ...........................ASTM D -3877 Modified $175 /each
PercentFree Swell ................................................................................................................. ............................... $60 /each
Expansion Index ........ ............................... ........................... ASTM D- 4829 ....................... $300 /each
UBC Expansion Index ........... ............................... ............................UBC 29- 2 .................. $425 /each
Permeability Tests
Fixed Wall, Constant Head 2 -3" sample .............................. ........................... ASTM D- 2434 ....................... $360 /each
Triaxial Method, Falling Head .......................................... ............................... ASTM D- 5084 ....................... $360 /each
EachAdditional Effective Stress ............................................................. ............................... ...........................$100 /each
Admixtures(Addition of lime, cement, etc.) ....................................................................... ............................$50 /each
RemoldedSpecimen .............................................................................. ............................... ...........................$100 /each
Resolution No. 2018 -012 N.C.S. Page 42
RGH - Laboratory Fees
Description Test Designation Rate
Aggregate Tests
Organic Impurities in Sand .... ............................... ...........................ASTM C40......................$65 /each
Dry Unit Weight or Bulk Density ............................
...........................ASTM C29......................$90
/each
Specific Gravity and Absorption, Fine .. .........................................
ASTM C128, CAL - 207 ......................
$220 /each
Specific Gravity and Absorption, Coarse ....
...........................ASTM C127, CAL - 206 .....................
$165 /each
Apparent Specific Gravity ...................................
............................... CAL - 208.....................$100
/each
Sand Equivalent, One Point ..................................................................
..D2419....................$105
/each
Sand Equivalent, average of three .......................
............................... CAL- 217......................
$180 /each
Durability, Fine .........................................................................
.....CAL229....................
$120 /each
Durability, Coarse ...........................................
............................... CAL - 229......................$180
/each
Flat and Elongated Particles ..............................
...........................ASTM D4791......................$145
/each
Cleanness Test .................... ...............................
...........................CAL - 227......................$145
/each
Crushed Particles ............................................
............................... CAL - 205......................$120
/each
Clay Clumps and Friable Particles ....................
............................... ASTM C142....................
$100 /each
Los Angeles Abrasion Test, 500 Rev ......... ...........................ASTM
C131, CAL- 211.....................
$230 /each
Los Angeles Abrasion Test, 100 and 500 rev
.........................ASTM C131, CAL - 211 ........................
$255 /each
Los Angeles Abrasion Test, 1000 rev ....................
...........................ASTM C535.......................$300
/each
R- Value, ( untreated) .............. ...............................
...........................CAL - 301........................$300
/each
R- Value, (lime or cement treated) ........................................................
CAL -301 .......................
$345 /each
R- Value, ( recombined) ...................................
............................... CAL- 301 ..........................
$355 /each
Asphaltic Concrete Tests
* Bitumen Content, (Ignition Oven) .............. ...........................ASTM D6307, CAL - 382 ......................... $185 /each
* Bitumen Content, with Gradation ...................................................... CAL - 382 ......................
$320 /each
Calibration for Ignition Oven, Mix Specific ...........................ASTM D6307, CAL - 382 ......................
$360 /each
Hveem Stability, set of three briquettes ..................... ............................... CAL - 366 ......................
$200 /each
CAL 305
Swell Test ..................................................... ............................... - ......................
$1 25 /each
Moisture Vapor Susceptibility, including stabilometer, set of two .................... CAL- 307 .......................
$290 /each
Unit Weight of core or compacted sample ............... ...........................ASTM D2726 ........................$65
/each
Moisture Content of AC, by microwave method ........................................ CAL - 370 ........................
$65 /each
Max. Hveem, compact, perform density 0113 briquettes ............ ASTM D1561, CAL - 304 ........................$330
/each
Max. Theoretical Specific Gravity, ( RICE) ............. ...........................ASTM D2041 .......................$145
/each
Max. Marshall, compaction, perform density on 3 briquettes .. ............................... ...........................$380
/each
Marshall Stability, Set of 3 briquettes— — .. ............................... I .................... ...........................$255
/each
Equipment and other services
25' Brass Liner w/ caps ......................................... ............................... .........................$15.00 /each
Trimming 2.87 -inch to 2.43 -inch .............................................................. ............................$35 /each
Extrude& Bag ................................................................................... ............................$10 /each
Sample Prep 1/2 hr. increments ................................................................. ............................$80 /each
Preliminaryreporting fee .................................................................. ............................... $25
Resolution No. 2018 -012 N.C.S. Page 43
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 corder 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 I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3, Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self- Insured .Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Resolution No. 2018 -012 N.C.S. Page 44
self - insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it,
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
7. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage
requirement and /or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum knits 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.
Resolution No. 2018 -012 N.C.S. Page 45
L. 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 fitrnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf, All endorsements are to be received and approved by the
City before the Services commence,
Resolution No. 2018 -012 N.C.S. Page 46
PREVAILING WAGE EXHIBIT C
HOURS OIL Wolin:
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.
I3. 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 detennined 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
Cormmissioner 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 fail-Lire by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had knowledge of their obligations under the California Labor Code. The
Resolution No. 2018 -012 N.C.S. Page 47
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 render penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime horns 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 render penalty of perjury, stating both of the following:
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
Resolution No. 2018 -012 N.C.S. Page 48
and any sub - consultant shall submit certified payroll records to the Department of
Industrial Relations Labor Coimnissioner online:
https: / /apps.dir,ca, ov /ccpr/DAS /AltLog_in. Consultant is responsible for ensuring
compliance with this section.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of
the Consultant and any subconsultants engaged in performance of the Services, shall be
responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subconsultant engaged in
performance of the Services to employ on the Services any person in a trade or
occupation (except executive, supervisory, administrative, clerical, or other non manual
workers as such) for which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to Services
to be performed by that person. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial employment of the
person affected and during the continuance of such employment.
Resolution No. 2018 -012 N.C.S. Page 49
EXHIBIT D
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PE`I'ALUMA MUNICIPAL CODE CHAPTER 8.36
'The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between
the City of Petaluma ( "City ") and /or the Petaluma Community Development Commission
( "PCDC ") and contractors, lessees, franchisees, and /or recipients of City and/or PCDC funding
or financial benefits ( "covered entities ").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and /or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and /or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and /or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acluiowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Resolution No. 2018 -012 N.C.S. Page 50
SO ACKNT OWL EDGED and CERTIFIED:
Proic,cil or Coniract LD:
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Resolution No. 2018-012 N.C.S. Page 51
R- ,1'O-R'(' O t_'.RA-RGES, CONIPLA NITS, CITATIONS AND /OR FINDINGS
PLtRSI_IAN't TO PETALUMA ML)NICIPAL CODE, SEMON 83 6,120
F OR E H WAGE,, HOUR, COLi.EC_TIVF BARGl4INING, WORKPLACE SAFETY, .ENVIRONrt1Et\!'I A_L OR
CONTS-MfER PROTE- C'TION' CHARGE, COMPLAINT, CITATION, ANDIOR FINDING OF VIOLATION OF LAW
OR RI GULATIOAI BY ANY REGULA "'ORY AGENCY OR COURT, 114CLUDING BUT NOT LM-ITED '['O THE
CALIFORNIA .C)F?ART 1ENT OF FAIR F,titPLOYMEN'.I' t NI3 1-101 SING, DIVISION OF UCCUPATIOMAI,
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