HomeMy WebLinkAboutStaff Report 3.B 05/21/2012 Afwi,da'Itewti#3 .3
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DATE: Monday, May 21,2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE—Director, Public Works and Utilities
Joe Rye—Transportation Manager
SUBJECT: Resolution Approving a Five Year Professional Services Agreement with Mead &
Hunt, Inc.,Airport Consultant.
RECOMMENDATION.
It is recommended that the City Council adopt the•attached Resolution Approving a Five Year
Professional Services Agreement with Mead & Hunt, Airport Consultant.
BACKGROUND
As a requirement of the Federal Aviation Administration (FAA) Airport Improvement Program,
the sponsor must perform a selection of an Airport Consultant every five years. The.existing
Professional Services Agreement with Mead & Hunt, Inc. will terminate on September 1, 2012.
Mead &Hunt has been the City's airport consultant for many years and been instrumental in the
airport's successes.
DISCUSSION
Staff sent a request for qualifications (RFQ) to eight consulting firms and placed a Legal Notice
in the Argus Courier. Four Consulting firms responded: ESA (Environmental Science
Associates).located';in San Francisco, Reinhard Brandley located in Loomis, C&S Engineering
located in Sacramento,.and Mead & Hunt from Santa Rosa. Of the four firms,that chose not to
respond, one was local. Mead& Hunt is local to Sonoma County: Evaluating factors considered
included:
• Experience with FAA projects
• Experience with non-FAA projects
• • Design experience of firm
• Engineering experience and appropriateness of fine team
• Project management qualifications
• Project management:experience
Agenda Review:
City Attorney I l l! Finance Director City
I lWl ,C\
• Liaison experience with-municipal governments
• Previous airport projects
• Experience with small airports
• Local Airport Knowledge
A panel reviewed the submitted written qualifications ofthe four responding firms, ranked each
based upon the criteria listed above, and recommends Mead & Hunt,as the City's Airport •
Consultant. The panel consisted of the Airport Manager, Airport Commission Chairman, and a
Senior Engineer from the Public Works and Utilities Capital-Projects Division.
Mead & Hunt is recommended for selection as the Airport Consultant for the next five year
period based upon the firm's engineering experience, both pavement and structural,
comprehensive in-house staff experience, project management experience, liaison with
municipal governments, and experience with and knowledge of small airports. The Airport
Commission endorsed that recommendation on March I, 20.12.
In Fiscal Year 2012-13, the selected consultant will provide design and construction support for
AIPs (airport improvement-projects), miscellaneous airport planning and engineering assistance,
and provide technical assistance to the City in development Of an Airport Business Model to
attract aviation-related businesses projects. In future years the:selected firm will assist in runway
rehabilitation projects and replacement of the terminal building.
FINANCIAL IMPACTS
Under the agreement, the consultant is entitled to a maximum payment of.$300,000 over 5 years
for services on tasks assigned by the City. The consultant fees are eligible for 95%
reimbursement through an approved FAA AIP Grant, and 2:5% under Caltrans Division of
Aeronautics Match Grant. The remaining 2.5%, amounting to $7,500 over 5 years, will be
included in the Airport Operating Budget. The Airport Operating Fund is projected to have
• sufficient cash flow to cover these projected expenses until such time that the reimbursements
from FAA and CalTrans are received.
ATTACHMENTS
1. Resolution
2. Exhibit A—Professional Services Agreement
2
Attachment I
RESOLUTION APPROVING A FIVE YEAR PROFESSIONAL SERVICES
AGREEMENT WITH MEAD & HUNT, AIRPORT CONSULTANT
WHEREAS, the Federal Aviation Administration (FAA) requires a sponsor to select and
enter into a Consulting Services.Agreement of an Airport Consultant every five years; and
WHEREAS, the present Professional Services Agreement with Mead & Hunt terminates
on September 1, 2012; and
WHEREAS, Request for Qualifications were sent to eight Consulting Firms, and a Legal
Notice placed in the Argus Courier;and
WHEREAS, a selection panel reviewed the four fines that responded to the Request for
Qualifications; and
WHEREAS, Mead & Hunt-was recommended for selection as the Airport Consultant for
the next five year period based upon the firm's engineering experience, both pavementand
structural, comprehensive in=house staff experience, project management experience, liaison
with municipal governments, and experience with and knowledge of small airports.
NOW THEREFORE LETIT BE RESOLVED that the City Council of the City of
Petaluma:
1. Affirms the selection and;.approves the Professional Services Agreement with Mead &
Hunt, Inc. attached to this.Resolution as Exhibit A and incorporated herein by reference.
Attachment 2 - Exhibit A to Resolution
PROFESSIONAL SERVICES AGREEMENT
Airport Consulting Services
(Title of Project)
FY Fundy Exp.Acct.# Project s Amount$
For multi-year contracts or contracts multiple accounts:
FY 12-13 Fund#6100 Exp:Acct.#3299 Project# Amount$60 000.00
FY 13-14 Fund#'6100 Exp. Acct.:#3299 Project#__.... Amount$60.000.00
FY 14-15 Fund#6100 Exp. Acct.#3299 Project# Amount$60.000.00
FY 15-16 Fund if 6100 Exp.Acct.#3292 Project ft Amount$60.000.00
FY 16-17 Fund#6100. Exp.Acct.#3299 Project# Amount$60.000.00
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 MI 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 andadditional 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
undei this Agreement exceed Three. Hundred Thousand Dollars ($300;000.00)
over a five year period 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
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PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(City)
(iManage it 1037730)June 2011 4
available from City, and has obtained a currently valid Petaluma business tax
certificate.
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant'.s performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
September 1, 2017, 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 he liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent. Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. 'Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise:agrees'in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. 'Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection.- Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
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PROFESSIONAL SERVICES AGREEMENT—.PREVAILING WAGES(City)
(iManaee 41037730)June 20I I 5
of this Agreement. All work done and materials finished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of itsobligations pursuantto this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as,required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is arrofficer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and Cityinay, at
its sole discretion, immediately terminate this Agieeinent. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to 'the Political Reform Act. Such
• Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making!government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans;.designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply'to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express,or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied,pursuant to this Agreement
to bind City to any-obligation whatsoever.
14. Standard..of Performance. 'Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of serviceiof`
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 fiill extent applicable, with
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PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES'(elty)
(iManage#1037730)June 2011 6
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as :required herein and which shall name City as an
additional insured.
17. Compliance With All Laws.. Consultant shall fully comply with all applicable local,
state and federal rules, laves, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations'related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement: To the extent that any other government.
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement is subject-to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petal umaMunicipal Code, Chapter 8.36,
Living Wage (the`Living Wage Ordinance"), as the same may be amended from time to
time Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen.(15) calendar days of the Effective Date of this
Agreement; notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at ExhibitD, 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 Din accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
20; Discrimination. During the performance of this Agreement, Consultant shall not.
discriminate against any'employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
•
21. Notice. Except as otherwise specified in,this.Agreement,all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address..as.a Party may designate by written
notice delivered to the other Party in accordance-with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
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PROFESSIONAL SERVICES AGREEMEN f—PREVAILING WAGES(City)
(iManage N 1037730)June 2011 7
(ii) certified,or registered mail, return receipt requested, in which case notice shall be
deemed delivered-on'receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report.is generated reflecting the accurate transmission thereof Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 6l
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaltima.ca.us
And:
Bob Patterson
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 Blvd., Suite 100
Santa Rosa, CA 95403
ATTENTION: Scott Van Gompet
Phone: 707-526-5010
Fax: 707-526-9721
Email: ion.fauchertmeadhunt.com
22. Ownership of•Documents. All original papers, documents or computer material on disk
or Microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees")from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
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PROFESSIONAL SERVICES AGREEMENT-PREVAILING WAGES(City)
tiMmiage 41037730)June 2011 g
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
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 wider 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, " "11-2, " "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,
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PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES(Cily)
(iManage @1037730)June 2011 9
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
28. Governing Law; Venue. This Agreement shalt be enforced and interpreted under the
laws of the State of California and the City of Petaliiina. 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. !fatly 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. 'I he 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 ininimum 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 clue 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.
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PROFESSIONAL SERVICES AGREEMENT-PREVAILING WAGES(City)
(iManage k1037730)lone 2011 10
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
•
By c tom
City Manager Na e
ATTEST: lfl c e'/49,2--615.
Title
)3'3 A✓A-no— $ivo, s ,far /ob
City Clerk Address
APPROVED AS TO FORM: S F lcSc'- cA ¢SV 03
City State Zip
3 90 9 3 S's-?--
City Attorney Taxpayer 1.D.Number
APPROVED: �-- 0W`f
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk'Manager' •
APPROVED:
Finance Director
file name:S:\Airpmt\Agreements\Mead& hint
s
PROFESSIONAL SERVICES AGREEMENT'—PREVAILING WAGES(City)
(iManage 41037730)June 2011 I
Exhibit A
Scope of Services
s Prepare necessary applications and documentation for Federal Aviation Administration
(FAA)-AIP grants funding. Assist in project coordination with the FAA and the California
Division of Aeronautics,
• Anticipated Projects:
o Runway Lights Voltage Regulator Replacement
o Tree Obstruction Removal
o Runway Guidance Signage Replacement
o Runway Rehabilitation Design and Repair
o Taxiway and Aircraft Apron Parking Phase I through Phase IV
o Terminal Building Replacement
o Monument Sign for Airport Entrance
Provide miscellaneous airport planning, design/engineering, construction administration, and
consulting support services as may be required from time to time by the City. These consultant
services may include representing the City in all discussions with the FAA regarding the work
program, grant requirements, and project documentation
12
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: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must he declared to,and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2.
Page 1 of 2
INSURANCE REQUIREMENTS(City)
(iMana$e#009325)April 2010 13
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:
I. The City, its officers, officials, employees, agents and volunteers are to he
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,agentsbr 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 (3()) days' prior written notice by certified
mail, return receipt requested, has beemgiven 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.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREMENTS(City)
(iManage 8609325)April 2010 14
EXHIBIT C
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight(8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California'Labor Code Section 1811,the time of service of any
Worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which provides that work in excess of eight hours
during'any one calendar day and forty hours during.any one calendar week is permitted
upon compensation for all hours worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week at not less than one-and-one-half times
the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as apenalty to the City$25 for each
worker employed in the performance of the Services for each calendar day during which
the worker is required or permitted to work more than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the
general prevailing wages in the locality in which the Services are to be performed for
each craft or type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the City and shall be made available on request. The Consultant and
subconsultants engaged in the performance of the Services shall pay no less than these
rates to all persons engaged in performance of the Services.
B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the Services shall comply Labor Code,Section 1775 which
establishes a'penalty of up to 550 per day for each worker engaged,inthe 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
Provisions Required Pursuant.to California Labor Code 5 1720 et seq.
Services Agreement—Prevailing Wages(City)(Sept.2007)(iManage#1037770)
IS
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 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 haltsorsectify the failure, including, but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to making final,payment to the subconsultant, the Consultant shall obtain an
affidavit signed underpenalty 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.
7
Provisions Required Pursuant to California Labor Code§ 1720 et seq.
Services Agreement-Prevailing Wages(City)(Sept.2007)0Manage N 1037770)
16
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 he
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 he 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
3
Provisions Required Pursuant to California Labor Code§ 1720 el seq.
Services Agreement—Prevailing Wages(City)(Sept.2007)(Manage#1037770)
I7
EXHIBIT D
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36,applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providingfinancial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City"):an.d/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,
ssubjectmatter 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 Departmcntof 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 bythe 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 ofCharges, 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 PETALUMA LIVING WAGE ORDINANCE
Page 'I of 3
18
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:
1-11.6v7- rc. Date: 3-2 ( Z
Print Name of Covered Entity/Business Capacity)
By V. FAocw a
(Print Name)
•
/s/ (749' /!/Z
(Si gnature)
Its Vic "testa ex
(Tide /Capacity of Authorized Signer)
•
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANYTO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Page 2 of 3
19
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE,HOUR,COLLECTIVE BARGAINING,WORKPLACE SAFETY,ENVIRONMENTAL
OR CONSUMER PROTECTION CHARGE,COMPLAINT, CITATION,AND/OR FINDING OF VIOLATION
OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT,INCLUDING BUT NOT
LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING,DIVISION OF
OCCUPATIONAL SAFETY AND HEALTH (OSHA),CALIFORNIA DEPARTMENT OF INDUSTRIAL
RELATIONS (LABOR COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL
LABOR RELATIONS BOARD,WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,LESSEE,FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA.AND/OR PETALUMA COMMUNITY
DEVELOPMENI COMMISSION-FUNDED AGREEMENT OR BENEFIT SUBJECT TO
PETALU3LA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE),AND
• HAS BEEN REED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR
TO THE BID,PROPOSAL,SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT
AND CERTIFICATION.IS MADE.
PLEASE PROVIDE THE DATE,THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT,CITATION OR ENDING,THE SUBJECT MATTER AND THE MANNER OF.RESOLUTION,
IF ANY,FOR EACH SUCH CHARGE COMPLAINT,CITATION OR FINDING. •
IF NONE,PLEASE STATE"NONE": A/0"/
ATTACH_ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
June 2011 (iManage#1638697.2)
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PE"7ALUMA LIVING WAGE ORDINANCE
Page 3 of 3
• 20