HomeMy WebLinkAboutStaff Report 3.B 09/09/2019w��LU Agenda Item # 3.8
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DATE: September 9, 2019
TO: Honorable Mayor and Members of the City Council through City Manager
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FROM: Dan St. John, F.ASCE — Director, Public Works and Utilities
Dan Herrera, P.E. — Senior Civil Engineer, Public Works and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Engineering, Services for the South Petaluma Sewer Model
Development and Capacity Assessment
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute a Professional Services Agreement for Engineering Services for the South
Petaluma Sewer Model Development and Capacity Assessment.
BACKGROUND
The City of Petaluma operates and maintains roughly 200 miles of wastewater lines and operates
nine sewer pump stations in providing sanitary sewer collection services. Sewer flows are
collected and pumped through the system to the Ellis Creek Water Recycling Facility for
treatment and disposal. As a requirement of the California State Water Resources Control Board
(SWRCB), the City is required to develop and update bi-annually a Sewer System Management
Plan (SSMP). While the SSMP is needed to satisfy state requirements, it also provides valuable
input in development of the wastewater capital improvement program to ensure the City's sewer
infrastructure is meeting operational needs and is proactively maintained. This SSMP outlines
improvements needed to address capacity issues, reduce inflow and infiltration (I/I) and sewer
overflows during storm events, and maintain the sewer collection system in a sustainable
condition.
An integral part of the City's sewer system infrastructure is the C Street Pump Station which
delivers wastewater from the southwestern quadrant of the City across the Petaluma River. This
pump station has recently shown capacity issues which has resulted in sanitary sewer overflows
in the downtown and southern region of the City. Staff has recommended a Capital Improvement
Project (CIP) to address the capacity issues of the pump station. An important first step to
determining a viable solution to the problem is having a well-developed SSMP and sewer model
that shows the constraints and capacity issues of the sanitary sewer system.
The City has developed several sewer planning documents in the past. They include: The
Sanitary Sewer Capability Study and Master Plan developed in 1985; a sewer management study
of the southwest basin conducted in 1996 and 2004; A sewer management plan completed in
2009; and the current SSMP as required by the state was completed by City Staff in 2016 and
updated in 2018. The past SSMP was limited in scope but met initial state requirements. This
effort will expand the effort for a more comprehensive modeling and monitoring of system
performance.
Previously, the City solicited an RFP for the engineering and design services to develop a new
City of Petaluma Sewer Master Plan. The project included flow monitoring recommendations,
hydraulic modeling, identification of capacity constraints, analysis of system conditions,
prioritization of rehabilitation needs, and recommendations of a prioritized capital improvement
program. In the RFP selection process, after careful consideration, reference checks, review of
similar project deliverables, and review of cost proposals, RMC Water and Environment, now
Woodard & Curran, was recommended as the firm best suited to perform these services. Eight
criteria identified in the RFP were used by the selection committee to determine the most
qualified proposal, including overall proposal, project scope and comprehension, project
management approach, technical approach, project team, schedule of hours, resumes of team
members with relevant work experience, and estimated schedule. Due to budget considerations at
the time, it was decided to not move forward with the project. Although the project was halted,
the City has maintained communications with the Woodard & Curran in the event the project
would return for consideration.
The proposed action meets Council Objective: "Preserve and protect Petaluma's environment
with smart and efficient use of resources. "
DISCUSSION
The SSMP is planning tool with recommended guidelines from the SWRCB. A vital component
and requirement of the plan is the system evaluation and capacity assurance plan (CAP). This
CAP includes a capital improvement plan that provides hydraulic capacity of key sanitary sewer
system elements for dry weather peak flow conditions, as well as the appropriate design
storm/wet weather event. The plan will guide the City in implementing projects that ensure the
sewer system has enough capacity to meet high flow events and reduces the occurrences of
sanitary sewer overflows (SSOs). The current SSMP includes this system evaluation and CAP,
but it was prepared based on the information and hydraulic modeling from the Sewer Master
Plan that was developed in 1985. The CAP is using outdated information, and as a result, even
though the City has implemented several sewer system upgrades and capacity increasing
projects, the City still experiences SSOs during high rainfall events. These almost annual
overflow events show the City's current CAP needs updating to meet state requirements and
better protect our environment. A new hydraulic model and capacity assurance plan needs to be
developed in order to ensure the City follows the state board requirements and implements
projects to eliminate SSOs.
A new hydraulic model and sewer system capacity study was included in the City's previous
RFP for a new Sewer Master Plan. Woodard & Curran's expertise in the field, and previous
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selection in the City's RFP process for a new Sewer Master Plan, make them the ideal candidate
to assist the City in completing a new state board compliant CAP.
City Staff met with representatives from Woodard & Curran to discuss the project and solicit an
updated proposal for a new hydraulic model and capacity assessment. A new proposal was
submitted and reviewed and found meet the City's requirements. It is recommended that
Woodard & Curran provide engineering services to develop a new hydraulic model and capacity
assessment to prepare a new Capacity Assurance Plan to meet state board requirements. The
services include the following: data collection and review, flow monitoring, hydraulic model
development, capacity report and plan preparation. The proposed scope of work is included in
Attachment 2.
The schedule for the pump station improvements includes flow monitoring in Winter 2020 with
complete model and assessment completion by Summer 2020.
FINANCIAL IMPACTS
The engineering and design services will be performed on a time and materials basis not to
exceed $155,000. The total proposed budget for this project (C66502042) is shown in the
approved FY 19/20 CII' Budget as $283,000 which is for Planning/Environmental and Design
purposes.
The project will be funded through the Wastewater Capital Fund.
C Street Pump Station and
Collection Area Upgrades CIP
C66502042
FY 19/20 Adopted
Project Budget
Planning and Environmental
$
6000
Design
$
22000
Construction
$
-
Construction Management
$
-
Contingency
$
-
CIP Overheads
$
3,000
Total
$
2839000
Funding Source
Waste Water
$
283,000
Total
$
2839000
ATTACHMENTS
1. Resolution
2. PSA Agreement
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR
THE SOUTH PETALUMA SEWER MODEL DEVELOPMENT AND CAPACITY
ASSESSMENT
WHEREAS, the City of Petaluma wishes to develop a new hydraulic model and capacity
assessment to prepare a new Capacity Assurance Plan to meet state board requirements and
update the City's Sanitary Sewer Management Plan ("Project"); and
WHEREAS, this Project requires the services of a quality professional civil engineering
design firm familiar with similar projects; and
WHEREAS, the City of Petaluma had circulated a Request for Proposals for the
development of Sewer Model and Master Plan; and
WHEREAS, the proposals received were reviewed and evaluated for qualifications; and
WHEREAS, Woodard & Curran's ability to produce quality work on civil engineering
projects has been demonstrated in Northern California municipalities; and
WHEREAS, based on the criteria outlined in the previous Requests for Proposals, staff
determined that Woodard &Curran was the most qualified of the consultants who responded to
deliver the civil engineering design services modeling experience necessary for the Project; and
WHEREAS, staff recommends the City execute a Professional Services Agreement with
Woodard & Curran for civil engineering design services in order to complete a sewer model and
capacity assurance plan to satisfy requirements of the state mandated Sewer System Management
Plan.
NOW, THEREFORE, -BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute a Professional Services Agreement for
civil engineering design services with Woodard & Curran the South Petaluma Sewer Model
Development and Capacity Assessment in the amount not to exceed $155,000.
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Attachment 2
Exhibit A to Resolution
PROFESSIONAL SERVICES AGREEMENT
South Petaluma Sewer Model Development and Capacity Assessment
(Title of Project)
FY 19/20
Fund # _
Cost Center
Object Code
Project # C66502042
Amount $155,000.00
For multi-year contracts
or contracts with
multiple accounts:
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
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Object Code
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FY
Fund #
Cost Center
Object Code
Project 11
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 Woodard & Curran, a Engineering
("Contractor") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Contractor 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. Contractor 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 Contractor in accordance with the rates specified in Exhibit A.
B. Contractor 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. Contractor shall be compensated for services in addition to those described in
Exhibit A, only if Contractor 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 $155,000.00 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, Contractor shall not be paid any
compensation until such time as Contractor 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,
PROFESSIONAL SERVICES AGREEMENT
Sept2018
61
E. City's obligation to pay compensation to Contractor as provided herein is
contingent upon Contractor'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
6/30/2020, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Contractor 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 Contractor or Contractor's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Contractor shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Contractor 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, Contractor shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Contractor's Representation, Independent Contractor. Contractor represents that
Contractor possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Contractor shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Contractor
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. Contractor 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 Contractor no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Contractor shall, at Contractor'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. Contractor shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Contractor's obligations pursuant to
this Agreement.
9. Inspection. Contractor 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
PROFESSIONAL SERVICES AGREEMENT
Sept 2018
inspection and approval by the City. The inspection of such work shall not relieve
Contractor of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Contractor 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 Contractor's
performance of the Services.
11. Confidentiality. In the course of Contractor's employment, Contractor may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Contractor 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. Contractor 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. Contractor further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Contractor 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, Contractor will immediately advise City and City may, at its
sole discretion, immediately terminate this Agreement. Certain Contractors 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 Contractors
subject to the City's Conflict of Interest Code include those whose work may involve:
malting 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. Contractor agrees to comply
fully with all such requirements to the extent they apply to Contractor's performance of
the Services.
13. Contractor No Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Contractor shall perform all the Services in a manner
consistent with the standards of Contractor's profession. All instruments of service of
whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Contractor'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. Contractor 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
PROFESSIONAL SERVICES AGREEMENT
Sept 2018
7
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Contractor 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. Contractor'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, Contractor shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance. Without limiting the foregoing Section 17, Contractor 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 Contractor shall promptly provide to the City documents
and information verifying Contractor'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 as Exhibit C, shall be a part of this Agreement for
all purposes, and Contractors that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Contractor's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Contractor 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.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by;
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
PROFESSIONAL SERVICES AGREEMENT
Sept2018
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Public Works & Utilities Department
Attn: Dan St. John
202 N. McDowell Blvd
Petaluma CA, 94954
Phone: (707) 778-4546
Fax: (707) 206-6034
Email: dstiohn@ci.petaluma.ca.us
Contractor: Woodard & Curran
Attn: David L. Richardson
2175 North California Blvd.
Walnut Creek, CA 94596
Phone: (925) 627-4138
Fax: T
Email: drichardson@woodardcurran.com
21. 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 Contractor 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.
22. Indemnification. To the maximum extent permitted by law, Contractor shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Contractor's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFESSIONAL SERVICES AGREEMENT
Sept2018
0
The Contractor's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Contractor's inability to evaluate Liability, or because
the Contractor evaluates Liability and determines that the Contractor is not or may not be
liable. The Contractor 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 Contractor 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 Contractor
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 Contractor accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Contractor prior to Contractor's
acceptance of tender, Contractor 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 Contractor waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Contractor arising out of or in connection
with the Services or Contractor's failure to comply with any of the terms of this
Agreement. The defense and indemnification obligations of this Agreement shall no way
be limited by, the insurance obligations that apply to this Agreement pursuant to Section
23.
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,
Contractor'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, Contractor's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors"
in Exhibit B, attached hereto and incorporated herein by reference.
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.
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
PROFESSIONAL SERVICES AGREEMENT
Sept2018
10
25. Litigation. If litigation ensues which pertains to the subject matter of Contractor's
set -vices hereunder, Contractor, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. Contractor's Books and Records.
A. Contractor shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for set -vices, 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 Contractor pursuant to this Agreement.
B. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Contractor's address indicated for receipt of
notices in this Agreement.
PROFESSIONAL SERVICES AGREEMENT
Sept2018
11
U. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor'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 rd dc}curn ents l}e
maintained in Petaluma City ball. Access to such records and documents shall be
granted to any party authorized by Conti -actor, Contractor's representatives, or
Contractor's successor in interest.
33. Headinus. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the tertnination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Contractor
shall survive the termination or expiration of this Agreement.
35, Entire: Agreement. This Agreemen(, 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.
IINT WITNE-SS 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 DORM:
City Attorney
rite nI)hte:
CONTRACTOR
By
Name
Title
Address
City state Zip
-7
Taxpayer I.D. Number
Petaluma business Tux Certificate Number
PROFFiSSIONAL SERVICI?S AGRI-A-MENT
Sept 2n18
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Via Electronic Mail
June 19, 2019
Kent Carothers
City of Petaluma
202 N. McDowell Blvd
Petaluma, CA 94954
Re: South Area Model Development and Capacity Assessment
Dear Kent,
Per your request, the following presents our proposed scope of services and estimated budget for
developing a model to evaluate sewer system capacity issues in the area south of the Petaluma River
(upstream of the C Street Pump Station) and in the gravity sewer leading to the Pond Influent Pump
Station (referred to as the "South Area" in this scope of work). We will work with your staff to make sure
the model will meet Regional Water Board and EPA requirements, and will identify any existing capacity
deficiencies and propose potential solutions for this area. It is understood that this scope will result in
development of a model that can be further expanded to be used for a future collection system master
plan.
Scope of Work
Based on our understanding of the City's needs, Woodard & Curran proposes the following Scope of
Work:
Task 1— Project Management
Woodard & Curran recognizes communication and coordination with the project team members from
the City as key factors in the success of this project to meet the project schedule within the proposed
budget. Items included under this task to assure successful project delivery include regularly
prescheduled team meetings and/or conference calls to share information and discuss project progress.
The following activities are included:
• Kickoff Meeting. Woodard & Curran will conduct a kickoff meeting with the City staff to discuss
the project scope, approach, schedule and assumptions, communications protocol and initial
data needs for moving forward with the master planning activities.
• Progress Meetings, In addition to frequent contact via email and telephone, Woodard & Curran
will participate in periodic progress meetings with the City to discuss progress, findings,
outstanding issues and next steps. At a minimum, project status meetings will be held with City
staff following completion of each major task to discuss findings and any review comments of
draft deliverables.
• Progress Reporting. Woodard.& Curran will prepare monthly progress reports to summarize
project activities and budget/schedule status.
Deliverables:
• Agendas and meeting minutes for the kickoff meeting and project progress meetings.
• Monthly invoices and project progress reports.
Assumptions:
• Three project meetings (including Kickoff) at City offices, in addition to telephone conference
calls as needed,
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Task 2 — Data Collection & Review
Woodard & Curran will review existing information related to the sewer system as provided by the City.
The information may include relevant reports, maps, facility information and other required data
including but not limited to:
• Sewer maps and GIS files.
• Record drawings for sewer projects as needed for model development.
• Pump station as -built drawings and operating information (pump models, type, and capacities,
pump curves, on/off operating levels);
• Available flow and rainfall data, and pump station SCADA data;
• Latest County parcel GIS files and database (e.g., tax assessors database containing APN,
address, use code, dwelling units, and building square footage);
• Available customer billing data and/or recent winter water use data by parcel;
• The City's design standards.
• Cost data from previous sewer construction projects.
Woodard & Curran will review the data in order to become familiar with the City's sewer system and
its operation, and assess the information available for preparing the Master Plan. For any data that is
not available but critical, Woodard & Curran will recommend an approach for obtaining the information
or making use of existing data, and will discuss this approach with the City.
Deliverables:
• Data Request List
Task 3 — Flow Monitoring
Flow monitoring will be conducted to quantify dry and wet weather flows in the system and to calibrate
the sewer system hydraulic model, This task involves the following activities:
Subtask 3.1 Develop Flow Monitoring Plan
Woodard & Curran will develop a plan for temporary flow monitoring in the sewer system, including
proposed flow monitoring and rain gauge locations. The monitoring plan will be designed to isolate
major sewer drainage basins and subbasins in the system and confirm flows in major trunk sewers.
Woodard & Curran will request assistance from the City if verification of system configuration is needed
to define the meter locations (e.g., where existing mapping is not clear, or confirmation of flow direction
at flow splits is needed).
Subtask 3.1 Conduct Flow Monitoring
After the City's approval of the flow -monitoring plan, Woodard & Curran's flow monitoring
subconsultant, ADS Environmental Services (ADS), will conduct a reconnaissance of the flow
monitoring sites to confirm the locations are appropriate for monitoring from the standpoint of hydraulic
conditions, safety, and access. ADS will also determine the appropriate meter type for the specific
hydraulic conditions at each site (all gravity flow meters will be area -velocity type, capable of recording
both flow depth and velocity). ADS will install, calibrate and maintain the flow meters and rain gauges
for up to two months during the rainy season and remove the flow meters at the end of this monitoring
period. Woodard & Curran will review flow monitoring site reports to confirm final flow meter locations
and will periodically review the flow monitoring data during the flow monitoring period to check data
quality and consistency. ADS will provide final electronic data files (15 -minute data) at the conclusion of
the monitoring.
Analysis of the flow monitoring data to quantify infiltration/inflow (1/1) and develop design flows is an
integral part of model calibration and will be conducted as part of Task 4.
City of Petaluma
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June 19, 2019
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Deliverables:
• Flow monitoring plan including proposed meter and rain gauges sites and meter tributary
areas,
• Flow monitoring data.
Assumptions:
• The flow monitoring budget assumes five (5) area -velocity flow meters and one (1) recording
rain gauges are installed for a period of two months during the 2019/20 rainy season.
• If needed, City to provide ADS additional traffic control services at locations requiring more
than ADS' standard traffic control services (typically, 1 arrowboard or flashing vehicle
beacon, 2 signs and 18cones),
• City to pay all local licenses and any permits fees, as required. No fee permits is preferred.
• If sewer line is dirty and/or debris is evident, City to jet clean sites to minimize hydraulic
deficiencies, or an alternate location will be selected.
• City to indicate any known information concerning bypasses, overflows, critical surcharge
areas, and maintenance habits that may impact the flow monitoring sites.
Task 4 — Model Development
A hydraulic model of the City's trunk sewer system will be developed to quantify flows in the system and
identify capacity constraints and improvement needs. It is anticipated the model will be developed in
InfoWorks ICM, which has advanced capabilities for constructing and validating the model efficiently,
better hydraulic capabilities for assessing highly interconnected systems and systems subject to pump
station backups, and more calibration options for assessing system response to rainfall. As an optional
task (see Task 8), Woodard & Curran can export into a SWMM based network for import into Civil3D
Storm Sewer Analysis Model, although modeling of pump stations will be limited.
The modeled sewer network will include at a minimum all sewers 10 -inches and larger in the South
Area and critical smaller diameter pipes, including those that serve areas of significant size, are
downstream of larger diameter sewers, or could provide alternate conveyance paths. The model will
also include the gravity main downstream of the C Street Pump station and any other pump stations
and force mains discharging into the gravity main (assumed to include Wilmington, Payran, and
Copeland pump stations), Other gravity sewers will only be included if they are also included in the
City's existing Civil 3D Storm Sewer Analysis model.
Subtask 4.1: Existing Model Loads
Woodard & Curran will review existing parcel, customer billing and water use data, land use type,
number and type of dwelling units, etc as available to determine if the information is sufficient for
estimating existing wastewater flows. The exact methodology to be used to develop model loadings will
depend on the format and completeness of available parcel -based data. If sufficient data is not
available to generate loadings on a parcel basis, then census data or land use mapping may be used
for this purpose, The City will identify any commercial, industrial, and/or institutional users which may
contribute significantly greater unit flows than typical average rates.
Future wastewater loads will not be estimated as part of this project,
Subtask 4.2; Network Development
This subtask includes the following activities:
Construct and Validate Model Network. Woodard & Curran will develop a hydraulic model for
the sewer system that will be used to assess potential capacity constraints under the model
loads developed as part of Subtask 4.1. The model will be developed using the City's GIS
data, which includes, at a minimum, manhole and pipe locations, manhole IDs, pipe diameters
and lengths. Manhole rim and pipe invert elevations needed for the model will be obtained
from the City's GIS (see optional Task 7 for extraction of elevation data from the City's sewer
map), and supplemented with available data from the City's existing AutoCAD based hydraulic
model, the 19961/1 Study report or Hydra model (if available), and from record drawings where
City of Petaluma
Petaluma Capacity Assessment Proposal (002).docx
Woodard & Curran
June 19, 2019
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necessary. Following the construction of the model database, a QA/QC process called "model
validation," will be used to verify the data before beginning any model runs. This process
includes checking network connectivity and data completeness and reasonableness for
apparent discrepancies (e.g,, negative pipe slopes, outlet pipe invert elevations higher than
inlet invert elevations etc.). Missing or suspect data will be identified for resolution by City. At
the end of the project, a dataset of connectivity errors (e.g. incorrect node IDs referenced in
the gravity sewer shapefile) will be provided to the City
• Delineate Subbasins and Populate Model. Woodard & Curran will review and refine (further
subdivide) the City's subbasin boundaries (as initially defined for the flow monitoring plan in
Task 3) and assign the model loads and flow factors developed as part of Subtask 4.1 to the
subbasins.
Subtask 4,3: Model Calibration
Woodard & Curran will run the model under existing conditions and compare the computed dry weather
and wet weather flow hydrographs to observed flow monitoring data and SCADA data. Modeling
parameters such as unit flow rates, diurnal curves, and infiltration/inflow (1/1) factors will be adjusted as
needed to achieve a reasonable match for modeled to metered flows. Calibration will be performed for
the 5 temporary flow meters, as well as for metered flow data at Wilmington, Payran, Copeland, C
Street, and Pond Influent pump stations.
Deliverables:
• Hydraulic model files, and data exported to GIS (at completion of project),
Assumptions:
• City to populate GIS database with extracted invert and rim elevations, unless optional Task 7
is included in the project.
Task 5 — Capacity Assessment
Subtask 5.1: Develop Flow and Capacity Criteria
Woodard & Curran will propose appropriate design and hydraulic criteria to be used for assessing the
capacity of existing sewer facilities and sizing new facilities, including pipe friction factors, maximum
flow depth to diameter (d/D) ratios, minimum and maximum velocities, slopes, and depth of cover, and
pump station reliable capacity. In developing criteria to be used for the Master Plan, Woodard & Curran
will review the City's existing design criteria as compared to industry standards and standards used by
other agencies. Woodard & Curran will also propose an appropriate design storm to be used for
assessing system capacity, and criteria for evaluating the performance of the system under the design
event (e.g., acceptable level of surcharge) that reflects the City's desired level of service and risk
acceptance, The proposed criteria will be reviewed and discussed with City staff.
Subtask 5.2: Identify Capacity Deficiencies
Using the hydraulic model and based on the criteria established in Subtask 5.1, Woodard & Curran will
evaluate the performance of the existing sewer system under existing dry and design wet weather
flows. Capacity deficiencies will be identified based on the performance criteria established in Subtask
5.1. Thematic maps and hydraulic gradeline plots will be prepared to present the identified capacity
problem areas. Capacity of pump stations other than the C Street pump station will not be assessed as
part of this study.
Subtask 5.3: Develop Potential Improvements
City of Petaluma 4 Woodard & Curran
Petaluma Capacity Assessment Proposal (002).docx June 19, 2019
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This subtask includes the following activities:
Development of Alternatives and Preliminary Solutions, Using an iterative simulation process
and engineering judgment, Woodard & Curran will develop and test solutions to identified
capacity deficiencies. Solutions may include upsizing or paralleling existing pipes,
consolidating flows in new sewers or existing sewers with available capacity, implementing
flow diversions at critical locations, or sewer rehabilitation to reduce 1/I. Woodard & Curran will
also consider sewer rehabilitation needs as identified under Task 6, as well long-term
maintenance needs, in developing alternatives. Based on preliminary model results and
discussion with City staff, the alternatives will be refined and focused on the most viable
solutions for more detailed project development.
Analysis of Proposed Solutions. Woodard & Curran will evaluate potential improvement
projects in further detail including reviewing aerial images. The purpose of these investigations
will be to confirm the suitability of pipeline alignments and identify any design, constructability,
permitting, or environmental issues that could potentially be "fatal flaws" or that should be
considered in project development, Woodard & Curran will develop planning level cost
estimates based on the most viable construction method for each potential solution for the
identified deficiencies.
Deliverables:
• Thematic maps and hydraulic gradeline plots of predicted capacity deficiencies to be
presented at a progress workshop.
Task 6 — Technical Memorandum
This task includes development of draft and final technical memorandums documenting the results of
the work performed.
Subtask 6.1: Draft Technical Memorandum (TM)
Woodard & Curran will incorporate the findings and recommendations of the project into a Draft TM. This
plan will document the methodology and assumptions used to develop the hydraulic model, the
recommended performance and design criteria, analyze the model results and develop the recommended
capacity improvements and sewer rehabilitation/replacement program CIP.
Subtask 6.2: Draft Technical Memorandum
Woodard & Curran will prepare a Final TM based on City's review comments on the Draft TM,
Task 7 — GIS Data Extraction (Optional)
The current GIS dataset does not include any elevation data. Under this optional task, data from the
City's scanned sewer map will be added to GIS within the model extent for import into the model. The
fee estimate assumes data extraction for approximately 300 manholes.
Task 8 — Civil 3D Sewer Storm Model Conversion (Optional)
As an optional task, the model can be converted to a Civil 3D Sewer Storm model format, along with
brief documentation describing the scenarios included in the model conversion.
City of Petaluma
Petaluma Capacity Assessment Proposal (002).docx
Woodard & Curran
June 19, 2019
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Schedule
It is anticipated that the flow monitoring would occur during January to March 2019 wet weather period,
with a draft TM completed by summer 2020. A more detailed schedule will be developed in coordination
with the City at the beginning of the project.
Budget
We anticipate the cost required for completing this scope of work is $155,000, with optional tasks
totaling $15,000, broken down as shown in the attached table,
Please do not hesitate to call us should you have any questions or desire additional information. We
look forward to continuing our work in supporting the Town with its long-term water and wastewater
planning.
Sincerely,
iTITY0117_\C AMIA-all7_\0I
David L Richardson
Principal -in -Charge & Project Manager
Attachment:
Fee Estimate
City of Petaluma
Petaluma Capacity Assessment Proposal (002),docx
Woodard & Curran
June 19, 2019
18
E
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EXHIBIT B .
INSURANCE REQUIREMENTS
FOR ALL AGREEMENTS
Contractor's performance of the Services under this Agreement shall not commence until Contractor
shall have obtained all insurance require(] tinder 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,
Contractor shall procure and maintain for the duration of the contract all necessary insurance against
claims now and in the future for itiurics to persons or damages to property which may anise from or
in connection with the perrormance of the Services by the Contractor, the Contractor's agents,
representatives, employees and Subcontractors.
A. Required Minimum Scope of Insurance
Coverage shall be at least as broad as:
5d Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability,
0 Insurance Services Office Form covering Automobile Liability (any auto).
9 Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance,
[( Professional Liability/Errors and Omissions
• Crimc/Ernployee Blanket Fidelity Bond
• Property Insurance against all risks of loss to any tenant improvements or betterments,
r7l Pollution Liability Insurance
El Garage Liability
El Garagekeepers Insurance
El Technology Professional Liability Errors and Omissions Insurance (IT
Consultant)/Cyber Liability
0 Abuse or Molestation Liability Coverage
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other florm 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.
Z Products/Completed Operations- $1,000,000 pet occurrence/aggregate,
[Z Automobile Liability: $ 1,000,000 per accident for bodily injury and property damage.
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.
t@ Professional Liabilky/Errorsand Omissions: $1,000,000 per occurrence or claim, If the
policy Provides coverage on a claims -made basis, the retroactive date must be shown and
must be before the dale of the Agreement or the beginning of the contract work,
INSURMWERKMIRRYIENIS (city) 20
11- 7AIR
❑ Crime/Employee Blanket Fidelity Bond - $1,000,000: Contractor, at its own cost and
expense, must maintain a Crime/Employee Blanket Fidelity Bond in the amount of
$1,000,000 per employee covering dishonesty, forgery, alteration, theft, disappearance,
destruction (inside or outside).
❑ All Risk Property Insurance: Full replacement cost.
❑ Pollution legal liability with limits no less than $1,000,000 per occurrence or claim and
$2,000,000 policy aggregate. If the policy provides coverage on a claims -made basis, the
retroactive date must be shown and must be before the date of the Agreement or the
beginning of the contract work.
❑ Garage Liability: $1,000,000 per occurrence.
❑ Garagekeepers Insurance: $1,000,000 per occurrence.
❑ Technology Professional Liability Errors and Omissions Insurance appropriate to the
Consultant's profession and work hereunder, with limits not less than $1,000,000 per
occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as
is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims
involving infringement of intellectual property, copyright, trademark, invasion of privacy
violations, information theft, release of private information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and
penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
1. The Policy shall include, or be endorsed to include, property damage liability
coverage for damage to, alteration of, loss of, or destruction of electronic data and/or
information "property" of the City in the care, custody, or control of the Consultant. If
not covered under the Consultant's liability policy, such "property" coverage of the
City may be endorsed onto the Consultant's Cyber Liability as covered property as
follows:
2. Cyber Liability coverage in an amount sufficient to cover the full replacement value
of damage to, alteration of, loss of, or destruction of electronic data and/or information
"property" of the City that will be in the care, custody, or control of the Consultant.
3. The Insurance obligations under this agreement shall be the greater of 1) all the
Insurance coverage and limits carried by or available to the Consultant; or 2) the
minimum Insurance requirements shown in this Agreement. Any insurance proceeds
in excess of the specified limits and coverage required, which are applicable to a given
loss, shall be available to the City. No representation is made that the minimum
Insurance requirements of this Agreement are sufficient to cover the indemnity or other
obligations of the Consultant under this agreement.
❑ Abuse or Molestation Liability Coverage: $1,000,000 per occurrence; $2,000,000
aggregate.
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 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. Policies containing any self-
insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may
be satisfied by either the named insured (Contractor) or the City.
INSURANCE REQUIREMENTS (City) 21
nam 9n 1 u
City reserves the right to review any and all of the required insurance policies, declaration
pages, 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.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. Additional Insured: 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. Primary and Non -Contributory: 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. Waiver of Subrogation: Consultant agrees to waive subrogation rights for
commercial general liability, automobile liability and worker's compensation 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.
INSURANCE REQUIREMENTS (City) 22
E. 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
NOTE: The City of Petaluma is now using an online insurance program, PINS
Advantage. Once you have been awarded a contract with the City of Petaluma, you will
receive an e-mail from PINS Advantage/City of Petaluma requesting that you forward
the e-mail to your insurance agent(s). Consultant shall furnish the City with Certificate of
Insurance along with Declarations and 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.
INSURANCE REQUIREMENTS (City) 23
n-9nIR
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall;
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National
Labor Relations Board, which have been filed or presented to the covered entity within.
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012 24
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract LD1 South Petaluma Sewer Model Development and Capacity Assessment
Y
Date:.
(Print Name of CovcrQd Entity/Business Capacity)
0
By
(Print Name)
/s/ C7
(Signature.)
.'
Its 111('e 1--;x-
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMEINT
AND CUTIVICATION
(163 8697,2) Nov 2012
25
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8,36.120
FOR EACH WAGE., HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFFTY, RNVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDINIC, OF VIOLATION ol, LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BLJTNQ'r LIMI'rEDT0 THE
CALII-'ORNIA DEPARTMENT OF FAIR J-' MKOYMENTAND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DRPARTmENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAI. PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WI-IICI-I:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, I.xssr,-E, FRANCHISEE
AND/OR PARTY TO ANY CITY Or P13TALUMA AND/OR PETALUMA COMMUNITY
DEVELONMENT COMM ISSION4 UNDriD AGREEMENT OR [31✓NP-.Frr SUBJECT To PETALUMA
MUNICIPAL CODE CHAPTER 8.36 {LIVING WAGE ORDINANCE), AND
• HAS BERN FILED OR PRES�NTED To You WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO T14E
BID, PROPOSAL, SUBMISSION OR REQUEST' POR WHICH THIS ACKNOWLEDGrwrm' AND
CI RTIFICATION IS MADE.
PLEASE PROVIDE . THE DATE, THP RF.GtJLATORY AGENCY OR COURT MAKING THE CI-IARGH
COMPLAINT, CITATION OR. FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
11' NONE, PLEASE STATE "NoNr,.": Akl) /-; c
An'ACI-I ADDITIONAL PAGES IF NEEDED.
Date;
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Page 3 of 3
LI VINO WAGE ACkNOWLEDUrMliNT
AND CE'RIVICAvON
(1638697.2)Nov 2012
26