HomeMy WebLinkAboutResolutions 2011-128 N.C.S. 09/12/2011 Resolution No. 2011 -128 N.C.S.
of the City of Petaluma, California
APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH MEAD &
HUNT FOR THE DESIGN OF THE AIRCRAFT PARKING APRON PHASE 1 AND
DESIGN OF THE SOUTHWEST TAXIWAY PAVEMENT REHABILITATION
PROJECT
WHEREAS, the Airport's Capital Improvement Program FY 2011/2012 for the Design
of the Aircraft Parking Apron Phase I and the Southwest Taxiway Pavement Rehabilitation
project is projected to cost $125,000, of which the Federal Aviation Administration (FAA) Grant
portion (95 %) is $118,750, and the Caltrans match is $3,125 (2.5 %); and,
WHEREAS, the remaining local match of $3,125 is identified in the Airport's FYI 1 /12
budget; and,
WHEREAS, the Petaluma City Council approved at its January 24, 2011 meeting, the
Airport Improvement Program (AIP -22) Grant Funding for the Design of the Aircraft Parking
Apron Phase I and the Southwest Taxiway Pavement Rehabilitation project; and,
WHEREAS, The Grant Agreement for AIP 22 was signed by the City of Petaluma on
July 12, 2011; and,
WHEREAS, Mead & Hunt has been involved in the planning stages of the project,
including the Grant Application and Environmental Reports; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma:
1. Approves the Professional Services Agreement with Mead & Hunt attached to this
Resolution as Exhibit A and incorporated herein by reference.
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 A4proveu as to
Council of the City of Petaluma at a Regular meeting on the 12 day of September, fo is
2011, by the following vote:
, Attorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: D
City Clerk Mayor
Resolution No. 201 1 -128 N.C.S. Page 1
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
Aircraft Parking Apron Phase I and Southwest Taxiway Pavement Rehabilitation Design
(Title of Project)
FY 11/12 Fund # 6100 Exp. Acct. # 3299 Project # Amount $125.000
For multi-year contracts or contracts with multiple accounts:
FY Fund # Exp. Acct. # Project # Amount $
FY Fund # Exp. Acct. # Project # Amount $
FY Fund # Exp. Acct. # Project # Amount $
FY Fund # Exp. Acct. # Project # Amount $
FY Fund # Exp. Acct. # 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
municipal corporation and a charter city ( "City ") and Mead & Hunt, Inc, 133 Aviation Blvd
Suite 100, Santa Rosa, CA 95403, a consultant in aviation development ( "Consultant ")
(collectively, the "Parties ").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
( "Services ").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed One Hundred and Twenty Five Thousand Dollars
($125,000) without prior written authorization of the City Manager. Further, no
compensation for a section or work program component attached with a specific
budget shall be exceeded without prior written authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any .
compensation until such time as Consultant has on file with the City Finance
Department current information requested on the "Vendor Information" form
available from City, and has obtained a currently valid Petaluma business tax
certificate.
Resolution No. 2011 -128 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
September 1, 2013, 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. Tinge. 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. 2011 -128 N.C.S. Page 3
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 1Vo 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. 2011 -128 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 laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit D, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the `Living Wage Ordinance), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultants 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 E, 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 E in accordance with
the requirements of the Living Wage Ordinance. Consultants noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
Resolution No. 2011 -128 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 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:
Bob Patterson
Airport Manager
601 Sky Ranch Drive
Petaluma, CA 94954
Phone: 707 - 778 -4404
Fax: 707 - 778 -4405
Email: bpatterson @ci.petaluma.ca.us
Consultant: Mead & Hunt, Inc
133 Aviation Boulevard, Suite 109
Santa Rosa, CA 95403
Phone: 707 -526 -5010
Fax: 707 -526 -9721
Email:
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 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
Resolution No. 2011-128 N.C.S. Page 6
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
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. "]
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
27. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
Resolution No. 2011 -128 N.C.S. Page 7
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
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.
Resolution No. 2011 -128 N.C.S. Page 8
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 CONSULTANT
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City Manager `ame
ATTEST: / Q r 3 � g
Title pp �-�-
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City Clerk Addess
APPROVED AS TO FORM: 5/;
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City State Zip
39 ro773g2 Z
City Attorney Taxpayer I.D. Number
APPROVED: L 080130/
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:
Resolution No. 2011 -128 N.C.S. Page 9
EXHIBIT "A"
City of Petaluma
Petaluma Municipal Airport
Aircraft Parking Apron Rehabilitation
Design Engineering Work Scope
August 2011
PROJECT DESCRIPTION
This project consists of preliminary designs for the Aircraft Parking Apron (635,000 square feet) and
Southwest Taxiway (75,000 square feet) rehabilitation at the Petaluma Municipal Airport. The project
area is depicted graphically in Attachment 1 of this Work Scope. The estimated total construction cost for
all three aprons is ± $2,000,000. Specifically, the project will consist of the following elements:
➢ Preliminary Design for Aircraft Parking Apron and Southwest Taxiway. Prepare preliminary
design drawings for the Aircraft Parking Apron (635,000 square feet) and Southwest Taxiway
(75,000 square feet) rehabilitation at Petaluma Municipal Airport including pavement design, grades,
drainage improvements, and construction cost estimates.
➢ Aircraft Parking Apron Construction Phasing Plan and Cost Estimates. Prepare aircraft parking
apron construction sequencing plan and develop cost estimates for the duration of the construction
project. Develop a phasing plan that will evaluate alternatives for sequencing in order to maximize
construction projects with federal funding availability in an effort to maximize safety, efficiency,
and capacity.
➢ Detailed Design and Construction Documents. Provide detailed design, construction documents,
and bidding services for the portion of the Aircraft Parking Apron and Southwest Taxiway that can be
rehabilitated within the budget established by the City. The estimated construction costs for this
work is $1,000,000. One or more bid alternates will be included to allow the City flexibility in the
amount of work awarded.
PHASE I. CONTRACT ADMINISTRATION
This phase involves those activities required for defining the scope of the project, project administration,
and project closeout work, including (but not limited to) the following activities:
1.0 PROJECT SCOPING
1.1 Preliminary Meetings with the City
Consultant will confer with the City to ascertain project requirements, finances, schedules,
and other pertinent matters and shall meet with the FAA, if needed, and other concerned
agencies and parties on matters affecting the project, to arrive at a mutual understanding of
such matters with the City. The Consultant and City shall discuss what type of environmental
documentation (Environmental Assessment or Categorical Exclusion) will be needed for the
project. Any environmental documentation will be prepared by the City. Meetings with the
City shall determine the need for topographical surveying and pavement/geotechnical testing.
It is anticipated that there will be a maximum of one (1) meeting with the City and one (1)
meeting with the FAA during this phase of the project.
Resolution No. 2011 -128 N.C.S. Page 10
1.2 Prepare Project Scope of Work and Proposal
This includes preparing the Scope of Work and fee proposal and negotiating the contract
scope and fee with the City. This also includes coordination with subconsultants for scopes
and fees.
2.0 PREPARE CONTRACT AND SUBCONTRACTS
This includes preparing the Consultant -City contract and preparing subconsultant contracts.
3.0 PROJECT COORDINATION (Coordination with City, FAA, etc.)
Consultant will coordinate with the subconsultants, City, FAA, and other applicable agencies to
complete the work elements in Phase I.
4.0 DBE PLAN OR UPDATE (Not in Contract)
5.0 GRANT APPLICATION AND ADMINISTRATION
The Application may be prepared after the project design has been completed and the bids
accepted or the FAA may require the Application to be completed early during the design phase.
Preparation of the Application will include the following:
• Prepare Federal 424 form.
• Prepare Project Funding Summary.
• Prepare Program Narrative that discusses the Purpose and Need of the work and the Method
of Accomplishment.
• Prepare the City's Certification (Attachments 1, 2, 3, 4, and 5).
• Attach the current Grant Assurances.
• Prepare an exhibit to be submitted with application.
The Consultant will review and submit the Application to the City for approval and signatures. After
obtaining the necessary signatures, the City will forward at least three copies of the signed
Application to the FAA for further processing.
6.0 PROJECT CLOSEOUT
Prepare the FAA Project Financial Closeout Forms and Report and submit to the City for submittal
at the conclusion of the project.
PHASE II. PRELIMINARY AIRCRAFT PARKING APRON DESIGN AND PHASING (30 %)
7.0 TOPOGRAPHICAL SURVEYING
7.1 Coordination to Collect Existing Data and Locate Utilities
This task includes data collection and such as review of record drawings and available
existing survey information in order to gather information on existing topography and utility
information. This includes coordination for field utility locates with City and FAA. Coordination
will be done with survey field crews to establish survey limits, survey schedule, and available
survey control information.
Resolution No. 2011 -128 N.C.S. Page 11
7.2 Survey Control
Survey control will be established and used for design surveys. The Consultant will provide a
drawing showing the location of the existing or established control for the project. The
Consultant will perform necessary bench loop and traverse procedures to verify accuracy of
vertical and horizontal control points. If applicable, the Consultant will establish runway end
coordinates and runway centerline alignments and tie these into the project survey control.
7.3 Field Work
Survey work shall include the Aircraft Parking Apron and Southwest Taxiway as shown on
Attachment 1. In general, the survey shall include topographic survey (approximately 50 -foot
grid) of the apron and taxiway areas (approximately 710,000 square feet). All drainage
facilities, buildings, and improvements within or adjacent to the work area will be located and
elevated. Any evidence of subsurface facilities will be identified.
7.4 Convert Survey Data for Design Software
This work includes analyzing the topographical surveying data and preparing the data for use
with computer modeling. Included are the following separate tasks:
o Establish design coordinate plan with City to be used for CADD drawings.
o Input raw survey data into the computer program in order to sort data into company
standard layers for efficient analyzing.
o Verify survey data from previous project with latest field survey.
o Sort all data points by layers and description for computer modeling.
o Verify surveyor horizontal and vertical control.
o Prepare digital terrain model (DTM) of existing ground contours, pavement edges,
roadways, electrical equipment, drainage features, buildings, fences, and other
miscellaneous entities.
o Generate three - dimensional contour model from the DTM.
o Prepare and process data for pavement profiles, grading and /or paving cross sections,
and drainage features.
8.0 GEOTECHNICAL INVESTIGATION
8.1 Coordination to Schedule Geotechnical Work
This task includes data collection and such as review of as- builts and available existing
geotechnical information to gather information on existing soil conditions and past
geotechnical or pavement test results. Coordination will be done with the geotechnical sub -
consultant to schedule work and establish any work constraint parameters.
8.2 Establish Project Testing Requirements
The Consultant will determine the type and frequency of geotechnical testing required for the
project. The testing shall consider such items as pavement type, design methodology, type of
wheel loading, and weight of design aircraft (e.g. less than 60,000 Ibs). The Consultant will
use this information to perform the following tasks:
o Determine soil boring locations and frequency of testing.
Resolution No. 2011 -128 N.C.S. Page 12
o Develop a project sketch showing location and coordinates of borings.
o Determine soil sampling locations and types of soils testing required.
8.3 Field and Laboratory Analysis
Perform up to 20 borings in the development area to a depth of 8 feet below the surface level.
Identify the depth and condition of all pavement layers and obtain samples of the subgrade
soils for laboratory analysis. Laboratory analysis shall include soil classification,
moisture /density relationships, Atterberg limits, plasticity, and up to two (2) CBR tests for use
in pavement design. The findings of the geotechnical investigation will be contained in a
Geotechnical Report for inclusion in the Engineer's Design Report.
8.4 Analyze Data
After receiving the testing report from the geotechnical firm, the Consultant will analyze the
data and any existing geotechnical data received from City, consisting of the following tasks:
o Review geotechnical recommendations.
o Determine appropriate data for pavement design.
o Input data for computer modeling with topographical survey data.
o Prepare pavement data and soil information for incorporation on plan sheets.
o Evaluate existing pavement sections for potential recycling and reuse.
9.0 PREPARE PRELIMINARY DESIGNS FOR THE AIRCRAFT PARKING APRON AND
SOUTHWEST TAXIWAY
Consultant will prepare preliminary designs and set rough grades for all the Aircraft Parking Apron
and Southwest Taxiway. Grades shall be in sufficient detail to ensure future construction conforms
to the overall surface drainage plans for the entire apron.
10.0 PREPARE FAA PAVEMENT DESIGN REPORT AND FAA FORM 5100
This task will consist of using information obtained in the geotechnical investigation to calculate the
required pavement sections required to support the design vehicle or aircraft using FAA Advisory
Circular 150/5320 -6E, Airport Pavement Design and Evaluation.
The following effort will be completed under this task:
• Determine the current and forecasted aircraft fleet mix, based on data from the Master Plan.
• Verify the pavement section based on accepted FAA pavement design programs. The
applicable design program to be used is FAARFIELD. Evaluate interim and ultimate pavement
strength.
• Evaluate effects of pavement profile on adjacent operational areas and future runway /taxiway
pavement rehabilitation.
• Calculate sub - excavation or undercutting subgrade for stabilization, if necessary.
• Review proposed pavement analysis with FAA Engineer.
• Prepare pavement design narrative to describe the design procedure, historic design, and
justification for the FAA and City.
• Prepare FAA Pavement Design Form 5100 for each separate pavement section.
• Submit the pavement design form to the FAA. Upon approval, four copies will be returned, and
distributed or filed, as necessary.
Resolution No. 2011 -128 N.C.S. Page 13
11.0 PREPARE PRELIMINARY PHASING PLAN
Preliminary Phasing Plan will be prepared to develop transitions between projects to rehabilitate the
Aircraft Parking Apron and Southwest Taxiway over several FAA grants and construction seasons.
12.0 PREPARE PRELIMINARY COST ESTIMATES
12.1 Calculate Estimated Preliminary Quantities
The Consultant will calculate necessary quantities for the various work items. Quantities will
be consistent with the specifications and acceptable quantity calculation practices.
12.2 Prepare Preliminary Cost Estimate
Make recommendations on phasing the project to meet any known budgetary constraints.
13.0 PREPARE PRELIMINARY DESIGN REPORT
During the preparation of the preliminary plans and specifications, a Preliminary Design Report will
be prepared. The report will include the summary of the project, geometrics, pavement and
electrical design, drainage design, pavement marking, environmental issues, phasing plans, and a
project schedule. The report will contain any alternative design concepts that were investigated and
evaluated. A construction operation plan will be included as well as an Engineer's Cost Estimate.
Potential bid strategies will be discussed. The Standard FAA format for an Engineer's Design
Report will be used for the Preliminary Design Report
14.0 PREPARE PRELIMINARY PLANS (60 %)
Preliminary Plans will be prepared depicting proposed improvements for the Aircraft Parking Apron
and Southwest Taxiway (approximately 710,000 square feet). It is the intent of this section that
these preliminary plans will serve as the master reconstruction drawings for the entire apron area
and that from these plans, individual projects will be developed and detailed in Phase III, Final
Design, based on available budget. Plans developed during this phase of work shall include:
o Construction Safety and Phasing Plan
o Grading and Paving plan
o Drainage Plan
o Typical Cross Sections
o Aircraft Parking and Circulation Plan
Additional plans will be developed during the Final Design phase to detail specific projects for
bidding and construction.
15.0 REVIEW AND PREPARE ENVIRONMENTAL DOCUMENTATIONS, CATEGORICAL EXCLUSION
FORM.
An Extraordinary Circumstances Submittal will be prepared using the May 2006 template obtained
from the Western- Pacific Region of the FAA. An exhibit will be prepared depicting the proposed
project. This submittal is intended to provide the FAA with data to support issuance of a Categorical
Exclusion for the project. A draft submittal will be provided to the City for review and comment. A
revised version of the submittal will then be provided to the City for submission to the FAA. The
Resolution No. 2011 -128 N.C.S. Page 14
Consultant will make any revisions requested by the FAA and provide a final version for submission
to the FAA via the City.
17.0 PROJECT COORDINATION (Coordination with City, FAA, etc.)
Consultant will coordinate with the subconsultants, City, FAA, and other applicable agencies to
complete the work elements in Phase II.
18.0 PROJECT MEETINGS
The Consultant will arrange and lead the meetings as described in the subtasks below. The
Consultant will produce drawings and handouts as needed to conduct each meeting.
18.1 Present Preliminary Design, Alternatives, and Recommendations to Airport
The Consultant will prepare for and conduct a meeting at the Airport to present the findings of
the preliminary engineering phase and any alternatives and recommendations for the project.
18.2 Coordination Meetings (with FAA, Local agencies, subconsultants, etc.)
The Consultant will conduct additional coordination meeting(s) at the Airport (or other named
site) as needed. In addition to the meeting described above, it is anticipated that one meeting
will be required with the FAA during the preliminary design phase.
PHASE III. AIRCRAFT PARKING APRON AND SOUTHWEST TAXIWAY FINAL DESIGN
(90% AND FINAL)
19.0 PREPARE FINAL PLANS
Based on the Preliminary Plans and the review comments on the Preliminary Design Report, final
plans will be prepared for Phase 1 of the Aircraft Parking Apron rehabilitation and Southwest
Taxiway rehabilitation. The assumed construction budget for the projects combined is $1,000,000.
The plans shall include bid alternates, as necessary to allow the City flexibility in the amount of
work actually constructed. The following list of drawings will be used as a guideline. Additional
drawings may be added during the design phase, if required.
General:
G -001 Cover Sheet, Sheet Index and Symbols
G -002 Legend and Abbreviations
G -021 Project Layout Plan with Survey Control
G -081 Construction Operations and Phasing Plan
Civil:
General
C -021 Erosion Control Plans
C -031 Erosion Control Details
C -051 Demolition Plans
C -061 Demolition Details
Site
C -101 Grading and Drainage Plans
C -301 Typical Sections
C -311 Paving Details
Resolution No. 2011 -128 N.C.S. Page 15
Storm Sewer
C -441 Plan and Profiles
C -451 Drainage Details
Marking
C -651 Marking Plans
C -671 Marking Details
X- Sections
C -901 Cross Sections
20.0 PREPARE SPECIFICATIONS
The Consultant will assemble the technical specifications necessary for the intended work.
Standard FAA specifications will be utilized where possible. Additional specifications will be
prepared to address work items or materials that are not covered by the FAA specifications.
20.1 Prepare Technical Specifications
The technical specifications will include, but not be limited to the following items:
o Mobilization
o Earthwork and Site Preparation
o Lime - Treated Subgrade
o Pavement Cold Mill /Pulverization and Recycling
o Aggregate Base Course (Caltrans)
o Bituminous Prime Coat
o Pavement Marking
o Pipe for Storm Drains
o Catch Basins, Drop Inlet, and Miscellaneous Drainage Facilities
o Portland Cement Concrete
o Asphalt Concrete (Caltrans)
o Tiedown Anchors
20.2 Prepare Preliminary Contract Documents
The Consultant will prepare the preliminary contract documents including Invitation for Bids,
Instruction to Bidders, Proposal, Equal Employment Opportunity Clauses, Construction
Contract Agreement, Performance Bond, Payment Bond, State Requirements, Federal
Requirements, Bid Schedule, and General Provisions. Preparation will include establishing
the location for the bid opening, dates for advertisement, and description of the work
schedule. Contract documents will be prepared as early as possible during the design phase
and submitted to the City for review. Also review and incorporate the City's General
Provisions and Contract Clauses, as required.
20.3 Prepare Preliminary Special Provisions
The Consultant will prepare Special Provisions to address, or expand on, conditions that
require additional clarification. They will include but are not limited to the following items:
o Description of Work
Resolution No. 2011 -128 N.C.S. Page 16
o Haul Roads /Project Access
o Airport Security
o Work Schedule
o Pre - Construction Conference
o Sequencing of the Work
o Limitations on Contractor Operations
o Closure of AOA's
o Accident Prevention
o Underground Cables /Utilities
o Additional DBE /Certified Payroll Information
o Liquidated Damages
o Construction Operational Plan
o Safety Standards and Impacts
o Grade Control and Surface Tolerance for Paving Work
o Construction Safety and Phasing Plan
o Operation and Maintenance Manuals for Equipment
o Special Testing Considerations
o Project Closeout Forms
o Construction Superintendent
o Security Requirements
o Precedence of Specifications
o Disposal of Waste Materials
o Contract Time
o Temporary Facilities for Contractor
20.4 Prepare General Provisions
The Consultant will prepare General Provisions in conformance with current Agency
standards. The Consultant will preview Agency's standard General Provisions to identify
any conflicts with FAA requirements and will submit any recommended modifications to the
Agency for approval.
21.0 PREPARE FINAL SURFACE DRAINAGE ANALYSIS AND STORM SEWER DESIGN
Using the findings from the preliminary drainage analysis completed in Phase II, final surface
drainage and storm sewer design will be completed in accordance with standard engineering
practices, local requirements, and in accordance with the FAA Advisory Circular 150/5320 -5C,
Surface Drainage Design.
22.0 PREPARE AND SUBMIT FAA CONSTRUCTION SAFETY AND PHASING PLAN
The Consultant will develop a Construction Safety and Phasing Plan (CSPP) that complies with AC
150/5370 -2E. This plan will be submitted to the City and FAA prior to the start of construction. The
CSPP's primary purpose is to identify project safety concerns, requirements, and impacts prior to
making arrangements with contractors and other personnel to perform work on an airport.
Resolution No. 2011 -128 N.C.S. Page 17
23.0 UPDATE AIRPORT GUIDANCE SIGN PLAN. (Not in Contract)
24.0 EROSION CONTROL PLAN
The Consultant will develop an Erosion Control Plan for the project that is in accordance with Best
Management Practices. The plan will detail types of erosion control measures recommended for the
site in addition to other information needed for the NPDES permitting application. This information
shall include (but not limited to):
• Project Location
o Size of Disturbance of Project
O Amount of Impervious Surface
o Hydrologic Classification of Site
o Receiving Waters
® Site Drainage Overview
25.0 PREPARE SPONSOR CERTIFICATION OF ENGINEERING AND MODIFICATION OF
STANDARDS.
The Consultant will complete the Consultant Certification verifying the plans and specifications were
developed in accordance with Federal guidelines. If necessary, the Consultant will also prepare a
Request for Modification of Federal Construction Standards if found to be necessary for the project.
The certification will discuss modifications required under the Bid Packages. The Certification will
be submitted to the City for acceptance. Signed copies will be forwarded to the FAA along with final
plans, contract documents, specifications and Engineer's Report. This will also be part of the Final
Engineer's Design Report.
26.0 PREPARE COST ESTIMATE AT 60% COMPLETE (Included in Phase II)
27.0 CONDUCT PLAN REVIEW AT 60% COMPLETE (Included in Phase II)
29.0 UPDATE PLANS TO 90 %.
Based on 60% review comments and available funding, update plans to reflect anticipated project.
30.0 UPDATE SPECIFICATIONS TO 90%
Based on 60% review comments and available funding, update specifications to reflect anticipated
project.
31.0 CONDUCT PLAN REVIEW AT 90% COMPLETE
Following the completion of the plans and specifications, the Engineer will submit a set of drawings
and specifications to the City for their review. A meeting will be scheduled to make a final inspection
of the project. The project will be reviewed with the FAA to obtain their concurrence with the design.
32.0 PREPARE AND SUBMIT FINAL PLANS AND SPECIFICATIONS
A final set of plans, specifications, and contract documents will be prepared which incorporates
revisions, modifications, and corrections determined during the City's review of the 90% submittal.
Current wage rates will be included in the final specifications.
Resolution No. 2011 -128 N.C.S. Page 18
33.0 PREPARE AND SUBMIT FINAL COST ESTIMATE
33.1 Calculate Estimated Final Quantities
33.2 Prepare Final Cost Estimate
Using the final quantities calculated following the completion of the plans and specifications,
the Consultant will prepare the construction cost estimate. The estimate will be based on
information obtained from previous projects, contractors, material suppliers, and other
databases available.
34.0 PREPARE AND SUBMIT FINAL ENGINEER'S DESIGN REPORT
During the preparation of the preliminary Plans and Specifications, the Consultant will prepare and
submit to the City a "Design Report." For purposes of this agreement, a Design Report means a
report that includes a summary of the project, geometrics, pavement and electrical design, drainage
design, pavement marking, environmental issues, phasing plans, a project schedule, and any
alternative design concepts that were investigated and evaluated by the Consultant. The
Consultant will create a construction operation plan to be included in the Design Report, along with
an engineer's cost estimate. The Consultant will include and discuss in the Design Report all bid
packages. The Design Report shall comply with Standard FAA Requirements for such reports,
which are as follows:
• Introduction
• Project Background /Purpose and Need
• Airport Operational Safety (reference Federal Advisory Circular 150/5370 -2E)
• Design Geometrics (reference Federal Advisory Circular 150/5300 -13 CH 11 or 15
• Pavement Design Analysis (reference Federal Advisory Circular 150/5320 -6E)
• Drainage Considerations
• Electrical Considerations
• Pavement Marking Considerations
• Design Alternatives and Layout Sheets
• Design Recommendations
• Construction Estimate
• Project Schedule Summary
35.0 PREPARE AND SUBMIT A DRAFT CONSTRUCTION MANAGEMENT PLAN.
A special condition is required in all grants which contain paving work estimated to exceed
$250,000. The special condition requires the sponsor to furnish a detailed construction
management plan to the FAA for approval before the start of construction.
36.0 PREPARE ADVERTISEMENT FOR BIDS
Required advertisement dates and bidding dates will be established by the City. Consultant will
submit a copy of the FAA Standard Advertisement for Bids to the City for distribution to the local
papers and selected publications for use in advertising the project. The City shall pay for the
associated cost of advertising. Consultant will notify applicable trade journals (Daily Pacific Builder,
Daily Construction Service, etc.).
Resolution No. 2011 -128 N.C.S. Page 19
37.0 PROJECT COORDINATION (Coordination with City, FAA, etc.)
Consultant will coordinate with the subconsultants, City, FAA, and other applicable agencies to
complete the work elements in Phase III.
38.0 PROJECT MEETINGS
The Consultant will arrange and lead the meetings as described in the subtasks below. The
Consultant will produce drawings and handouts as needed for the purpose of conducting each
meeting.
38.1 Final Design Review
The Consultant will prepare and conduct a meeting at the Airport to present the final design
documents.
38.2 Coordination Meetings (with City, FAA, local agencies, subconsultants etc.)
The Consultant will conduct additional coordination meeting(s) at the Airport (or other named
site) as needed. A total of four site visits are planned during Phase III.
PHASE IV. BID ADMINISTRATION
39.0 FURNISH BID DOCUMENTS
Consultant will provide one set of camera -ready bidding documents to the City for reproduction and
distribution to interested contractors and suppliers.
40.0 RESPOND TO BIDDERS QUESTIONS
During the bidding process, the Consultant will be available to clarify bidding issues with contractors
and suppliers, and for consultation with the various entities associated with the project. This item
includes contacting bidders to generate interest in the project.
41.0 PREPARE AND DISTRIBUTE ADDENDA
Consultant will issue addenda as appropriate to interpret, clarify, or change the bidding documents
as required by the City or the FAA. Addenda will be made available to the plan holders either
through mail, electronic mail, hand delivering or via facsimile transmission. Any addenda that are
generated as a sole result of the City's error or omission will be considered as extra services and
the Consultant will be reimbursed for this effort as an amendment to this contract.
42.0 PRE -BID CONFERENCE
Consultant will arrange for and conduct Pre -Bid Conference. The Project Manager and Project
Engineer will attend and conduct the Pre -Bid Conference with potential contractors and the City to
review the project and answer questions. The meeting will be conducted at the Airport and will
include a site inspection. Meeting minutes will be prepared and distributed.
43.0 BID REVIEW AND BID TABULATION
Consultant will advise City as to the acceptability of any subcontractors, suppliers, and other
persons and organizations proposed by the bidders and as to the acceptability of substitute
materials and equipment proposed by bidders. The Consultant will prepare a spreadsheet that
includes all bid items for the purpose of evaluating the lowest bidder. The Consultant will input the
as -bid unit prices into the spreadsheet and verify mathematical computations of the bids. The
Resolution No. 2011 -128 N.C.S. Page 20
EXHIBIT "A"
Consultant will then provide recommendations to the City as to the name of the Apparent Low
Bidder.
45.0 PREPARE RECOMMENDATION FOR AWARD
The Consultant will prepare a Recommendation of Award for the City to accept or reject the bids as
submitted. If rejection is recommended, the Consultant will supply an explanation for their
recommendation and possible alternative actions the City can pursue to complete the project. Once
the Contract Award is made, the Consultant will distribute the bid tabulations at the request of the
City.
Resolution No. 2011 -128 N.C.S. Page 21
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EXHIBIT "B" •
COMPENSATION FOR SERVICES
For the Design Engineering Services as outlined in Phase I Contract Administration, Phase II
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Payment will be made in proportion to the work completed based on progress reports submitted to the
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fringe benefits, overhead, and profit.
Resolution No. 2011 -128 N.C.S. Page 23
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Resolution No. 2011 -128 N.C.S. Page c-1-
INSURANCE REQUIREMENTS
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. • Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $ 1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Resolution No. 2011 -128 N.C.S. Page 32
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.
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
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. 2011 -128 N.C.S. Page 33
EXHIBIT "C"
MEAD & HUNT, Inc.
Standard Billing Rate Schedule
Western United States
Effective January 1, 2011
Standard Billing Rates
Clerical $71.00 / hour
Interior Designer, Technical Editor $95.00 / hour
Senior Editor $145.00 / hour
Registered Land Surveyor $110.00 / hour
Accounting, Administrative Assistant $88.00 / hour
Technician I, Technical Writer $80.00 / hour
Technician II, Surveyor - Instrument Person $98.00 / hour
Technician III $108.00 / hour
Technician IV $120.00 / hour
Senior Technician $165.00 / hour
Engineer I, Scientist I, Architect I, Planner I $118.00 / hour
Engineer II, Scientist II, Architect II, Planner II $129.00 / hour
Engineer III, Scientist III, Architect III, Planner III $145.00 / hour
Senior Engineer, Senior Scientist, Senior Architect, Senior Planner, Senior Economist $170.00 / hour
Project Engineer, Project Scientist, Project Architect, Project Planner $180.00 / hour
Senior Project Engineer, Senior Project Scientist, Senior Project Architect,
Senior Project Planner $210.00 / hour
Senior Associate $255.00 / hour
Principal $270.00 / hour
Senior Client/Project Manager $270.00 / hour
Expenses
Geographic Information or GPS Systems $32.00 / hour
Total Station Survey Equipment $16.00 / hour
Charges for other equipment may appear in a proposal
Out -Of- Pocket Direct Job Expenses cost plus 15%
Such as reproductions, sub - consultants / contractors, etc.
Travel Expense
Company or Personal Car Mileage $0.90 / mile
Air and Surface Transportation cost plus 15%
Lodging and Sustenance cost plus 15%
Billing & Payment
Travel time is charged for work required to be performed out -of- office. A minimum of two hours will be
billed for any work out -of- office.
Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from
the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting
30 days after the date of invoice.
This schedule of billing rates is effective January 1, 2011, and will remain in effect until December 31,
2011, unless unforeseen increases in operational costs are encountered. We reserve the right to change
rates to reflect such increases.
Resolution No. 2011 -128 N.C.S. Page 34
EXHIBIT Di
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which provides that work in excess of eight hours
during any one calendar day and forty hours during any one calendar week is permitted
upon compensation for all hours worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week at not less than one -and- one -half times
the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each
worker employed in the performance of the Services for each calendar day during which
the worker is required or permitted to work more than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1 810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the
general prevailing wages in the locality in which the Services are to be performed for
each craft or type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the City and shall be made available on request. The Consultant and
subconsultants engaged in the performance of the Services shall pay no less than these
rates to all persons engaged in performance of the Services.
B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the Services shall comply Labor Code Section 1775 which
establishes a penalty of up to $50 per day for each worker engaged in the performance of
the Services that the Consultant or any subconsultant pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing
wages, or the previous record of the Consultant or subconsultant in meeting applicable
prevailing wage obligations, or the willful failure by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had knowledge of their obligations under the California Labor Code. The
Resolution No. 2011 -128 N.C.S. Pagc 35
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 final payment to the subconsultant, the Consultant shall obtain an
affidavit signed under penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
Resolution No. 2011 -128 N.C.S. Page 36
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.
file name:
#778238
Resolution No. 2011 -128 N.C.S. Page 37
•
EXHIBIT E
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.
a 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
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PI 'T'A.I:.,UMA LIVING WAGE ORDINANCE
Resolution No. 2011 -128 N.C.S. Page 38
this Acknowledgement and Certification is authorized to bind the covered entity as to the
matters covered in this eledgment and Certification.
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
6 / /J/✓r / 4/6 Date: 7--Z7-1/
Print Name of Covered Entity /Business Capacity)
Bpi 4Z)1
(Print Name)
fSigriature)
Its /lee; %5
(Title /Capacity of Authorized Signer)
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Resolution No. 2011 -128 N.C.S. Page 39
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 13Y ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT
LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF
OCCUPATIONAL SAFETY AND HEAI.i'1 -I (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL
RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL
LABOR RELATIONS BOARD, WHICI - -I:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND /OR PARTY TO ANY CITY OF PETALU \L-1 AND /OR PETALUMA COMMUNTI'Y
DEVELOPMENT COMMISSION- FUNDED AGREEMENT OR B1 NEFI'I' SUBJECTTO
PETALUML\ MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
® HAS BEEN FILED 0.R PRESENTED TO YOU \w'ITHIN THE. TEN YEARS IMMEDIATELY PRIOR
TO THE BID, PROPOS: \L, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT
AND CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, 'PRE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT ML1'I 1ER AND THE MANNER OF RL
IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CI'TATION OR FINDING.
IF NONE,.PLEASE STATE "NONE ": Nod) F
ATTACH \DDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
June 2011 (iNlIttrage #1638697.2)
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Resolution No. 2011 -128 N.C.S. Pag