HomeMy WebLinkAboutStaff Report 4.A 7/15/2013 A Itevw#4. t
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DATE: July 15, 2013
TO: honorable Mayor and embers;ofthe City Council through,City Manager
FROM`. Dan St. Jo irectoor, Public Works & Utilities
Larry Ziin , .E. Capital Projects Manager
SUBJECT: Resolution Authorizing the City Manager to Execute°a_Professional Services
Agreement for Engineering and Design Services for the Headworks Screen
Upgrade and the Performance Optimization.Projects at the Ellis Creek Water
Recycling Facility
RECOMMENDATION
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It is recommended;that the City Council adopt the attached Resolution authorizing the City
Manager to execute a Professional Services Agreementt(PS'A) with Kennedy/Jenks Consultants,
Inc. for engineering and designservices for the headworks screen upgrade and the performance
optimization projects at the EllisCreek"Water Recycling Facility.
BACKGROUND
The City's Ellis Creek Water Recycling F.acility_(ECWRF), located at 3890 Cypress Drive in
Petaluma, has been in-operation.since early 2009 and currently processes an average dry weather
daily flow of 4.7 MGD (million gallons`per day). The plant was dcsigned to process 6:7 MOD
average dry weather flow and up to 35'MGD wet weather flow. Annual average rated capacity is
8 MGD. The plant was designed for normal domestic.strengthrwastewater.generated from a
typical city with both residential and commercial customers. Industrial and commercial
establishments generating:high organic.or solids strength, and/or,grease and fat laden wastewater
are required to pretreat their wastewater prior to discharging;to the public sewers. Generally the
pl'ant;and the existing policies governing pretreatment have worked.well,since.tlie plant went on-
line, however a number;of"changed conditions" and the Council goal to "attract and retain
businesses in Petaluma.,..'' have prompted'-staff'to move forward with necessary evaluations and
design of certain elements Within the ECWRF. In=fact, the Council held a public workshop on
March 11, 2013 to consider "business friendly"actions that the City could employ to promote
the specific City priorities for calendar,years 2013 and 2014. Council directed staff to proceed
with facility enhancements, and a review of rates and policies towards meeting the adopted
priority: "Focus attention on,supporting food and beverage processing, manufacturing, and •
alternative.energy busineSS clusters".
Agenda Revie
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City Attorney c Finance Direct. City Manager
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DISCUSSION
Typically anew \astewater'treatment facility is,evaluatedwithin.the'tifst.5 years of operation to
critically review the biological and chemical operational=assumptions inherent in the original
dcsign'andto develop optimization.projects tor'tine tuning.of plant operations. Because of the
significant energy and chemical costs involved-in operating plant (staff budgets $1,385,000 per
year for--these), small changes and adjustments inoperation-during the-early years of the facility's
life can yield large financial savings Over its life'cycle. In addition to the normal optimization
process, the City desires to review the plant to see what changes'can be economically made to
further the Council goal and priority previouslykstated, all of which.leads to the need to hire a
qualified engineering consultant to:assist City staff in taking the necessary steps. The goals of
the subject project are to:
1. Replace the existing Mechanical bar screen in the'lieadworks (aka: pre-treatment
screening and dc-gritting process) toaddressthe phenomenon of non-woven wipes
such as "handiwipes". The impact of these products to the wastewater industry is well
documented in the literature and is reflected in the significant mechanical hardships and
maintenance time required-to expend to "de-rag7 pumps downstream of the headworks
and to remove tightly-wound clumps of rags within the:liquid and.'solid streamprocesses.
The growing popularity'of baby, personal and disinfectant wipes=and the improper
disposal of these items'in the toilet causes.serious problems because the wipes do not
break down,like,toilet°paper, thus creating solids build up in tankage and disruptions to
the solids handing system. The-existing;headworksscreens were designed and installed
before these products rosecin popularity. Staff recommends that the City install new
screens to remove rags from the influent prior to.entering thetreatment train to eliminate
Operations and maintenance problems With clogging of pumps and equipment. This will
entail a review of the existing screen'configuration, evaluation of'inore appropriate
modern screen technology using perforated plate and step screens methods, final design
of plans and technical specifications and engineering supportduring bidding.
2. Control oft-gassing of hydrogen sulfide (H2S) generated in the'anaerobic digestion
process. This is regulated the BAAQMD (Bay Area Air Quality Management
District) under state and EPA.regulations. Citystaff agreed to eliminate the I-12S
scrubbers from the plant design during value engineering in an effort to keep the project
within budget under the assurittion.that;operationai staff'could control 1-128 formation
with the addition of chemicals The decision also relied•on the designer's best prediction
of the make=upofthe waste activated sludge thatare,generated in the secondary
treatment process, rremoved:by'the secondary elarifietsiand organically stabilized and de-
watered in the solids train: This treatment train`is comprised of the:gravity belt thickener,
anaerobic digester, screw press de-watering devise, and biosolids pumping to an awaiting
truck and trailer for final`disposal..
3. Reliability upgrades to thesolids.stream to allow un-interrupted plant operations
during,routine';maintenance'o'f the gravity belt thickener, digestion tankage, and
cake,(aka: dewatered,biosolids)'transfer pump. The original plant design envisioned
that the waste stream would be diverted into one of the.oxidation ditches to allow
the digestion unit processes to be taken down and maintained. While this plan meets the
regulations for providing a redundant unit in each key unit process step, it does not
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provide a practical method for the operators to achieve their routine preventative
maintenance:tasks.
4. Evaluate the feasibility of accepting high strength waste currently generated and
hauled'by truck out of town by key industrial customers. The acceptance of this
waste stream would be.expectedto imprpve the operational efficiencies±of the solids
digestion processes while significantly increasing the production of methane. We would
evaluate the use of methane:to-produce a clean CNG(compressed natural gas) product
suitable to operateCity fleet vehicles such as its buses;of be used to power electrical
generators to'produce energy-for'direct use at the plant. With the passage of AB 32
(Global Warming Soluti'ons:Act) in 2006, the City is encouraged to evaluate its
greenhouse gas (GHQ) impact especially in the areas;of renewable energy;reduction of
transportation impacts; andflaring'oft of"waste" gases and fugitive emissions. While
the concept of waste to:energy.was considered during.design, the passage of AB32
should accelerate those-effort's.
5. In conjunction with.the,above, evaluate'-means to:save energy in the aeration basins
(secondary'treatmenty'and otht.r energy intensive plant processes.
6. Evaluate the"feasibility of increasing the organic and,solids loading to support'an
increase of the "local limits" standards'that currently limit the:strength of
wastewater entering the.City's system: Staff has scheduled,a Council agenda item to
address an increase to,thecurrent standards on July 1S1 . The proposal would raise the
existing 900 mg/I (milligrams=per liter)for BOD (biochemical oxygen demand) and 700
ing/l for suspended solids;(SS) to 1,500;and'2,000 mg/I respectively based:on a recent
study. The purpose of this project would,be to:evaluate whether the City has latitude to
raise the limits higher for certain industries,that the City is trying to "retain and attract"
without jeopardizing plant operations or the City's ability:to meet its NPDES (national
pollution discharge elimination system)_perrnif conditions for River discharge.
7. Evaluatemaintenanercontrol techniques and design modifcationsfor some of the
existing ponds. The existing vegetated aeiation ponds and effluent polishing ponds are
experiencing'over=growth which diminishes their original_purpose as a tertiary treatment
process and increases;costto control mosquitoes as required by the Sonoma Marin
Mosquito and Vector Control District. Last_year the City's cost totcontrol vectors and
bullrush approached''$250;000.
8. Provide technical supportto the City team chargednwith retaining.and attracting
targeted businesses to include meeting-with business representative to evaluate
business=specific wastewater management needs and ability and cost-to the City to
accept those waste streams.
These goals would be;puisued in parallel to staffsrelated efforts to evaluate existing policies and
rates that may impede the Council's stated goals. Staff circulated'an RFQ (request for
qualifications)for a policy and rate consultant to assist-staff in this effort and will be evaluating
submittals after July 2 11d when the statements of qualifications'are due. Staff has reviewed the
existing"local_limits' ordinance (Title 15, Sections 15.44, 15:48, 15.52 and 15.64 of the
Petaliima Municipal Code (PMC) Concerning City Sewers and Sewer'Disposal) and has
seheduled'a companion agenda itemte'this one'to recoiiimend initial changes that will help
achieve Council goals.
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Staff solicited Request far Qualifications (RFQ) for engineering,and design:services for the
.subjectproject front-nine northern California consulting firms. Seven stateineiits of
qualifications(SOQ's)'were,received on April 25, 2013.,Staff'short listed" four teams to be
interviewed on May 23, 2013, including;_Brown and Caldwell; HDR; Kennedy/Jenks; and,
Waterworks Engineers. These�<four firms demonstrated abilityand experience to provide superior
engineering services for municipal wastewater treatment facilities, including facility
assessments, industrial waste management and development of capital.improvement plans. They
displayed superior knowledge,of hiological, chemical and high strength waste;the ability to
produce professional quality work`'in-atiiiiely and.cost-effective manner; and, a high level of
service on prior projects. After eareful,consideration, reference;checks, interviews with proposed
stall, review of cost proposals,:and scope negotiations,staff recommends Kennedy/Jenks as the
firm best suited to perform the subject service to achieve the goals previously outlined.
Kennedy/Jenks has significant expertise in all.areas of'wastewater-Treatment facilities design,
permitting and operations. Chen. team:has the expertise=to address the:city's needs, is locally
based in Santa.Rosa, San Francisco and)Palo Alto,.and,has completed:similar project assessments
for the City of Santa Rosa and'the Central MarinSanitaiy District. Their staff is very familiar
with the ECWRF, other local facilities„our operationsand maintenance staff and the regulators •
at the San Francisco Bay Water Quality Control Board.
The proposed scope of work will address the Ci_ty's needs in a manner that will allow the City to
adjust the direction of the project as the technical review proceeds. While the scope does cover
final design and bidding services for the headworks screen repl'aeeinent, the remaining tasks are
for assessment of,the.plant and to begin the process of developing proposals for optimization and
"business friendly”improvements. Staff would,expect to present preliminary findings to the
Council•at the conclusion of this project phase and recommend additional services that would be
better scoped at that time to complete the alternatives analysis'and final design steps, including
possible CEQA impacts. The current scope includes set up and operation of a pilot plant study to
evaluate the operational benefits;and:desirability of adding trucked in,highstrength waste
directly to the anaerobic digester Within"fhe,solids.train. During the assessment phases, staff
anticipates a number of low-to-no.cost.recommendations to be offered'and.adopted by operations
staff to start the plant optimization process.
City Staff recommends the execution of the attached Professional_Services Agreement in the
amount of$592,620 to Kennedy/Jenks for engineering.and design services for`fhe Fleadworks
Screen Upgrade and the Performance Optimization:Projects at the Ellis Creek'Water Recycling
Facility.
The proposed action meets Council Goals: "Plan_for=and.implenient priority capital projects as
funding permits' and, "Attract and retain businesses in;Petaluma to'enhance the tax base,jobs,
and quality of life for the community."
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FINANCIAL IMPACTS'
The tota12013/l4 OP budget for this project is65,230,000'(C66501305 $4,280,000 and
(066501306.$450,000) for the ECWRF solids handling and headworks screen upgrades.
The services under the prop'osed1PSA.total°$592,620 and include:
• Process Energy Audit,($,104,130);
• Liquid Process Assessment($101,138);
• Solids Process Assessment($100,247)
• Headworks evaluation, engineering and design ($185,775);
• Project Management/ QA[QC ($26;300); and
• Technical "on-call" support'services ($75,000)_
The remaining CIP fund balances *ill be used foralternatives•analysis, design and construction
of the Council approved projects thareine'rge from the assessment phases.
Staff expects operational cost,savings in,the areas of energy, chemical, vector control, and
maintenance that would derive from the optimization process:and"will report these savings to
Council. In addition, staff expects improvements to directly benefit;industry by saving hauling
and disposal cost, and will be offset by future funding partnerships and/or "tipping" fee structure.
Development costs associated.with improvements.directly'.benelittingiindustry will be accounted
for and included in future rate evaluations to the same customer category.
ATTACHMENTS
1. Resolution
2. PSA
3. Location Map
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Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER.TO EXECUTE
THE PROFESSIONAL;SERVICES AGREEMENT TO KENNEDY/JENKS
CONSULTANTS FOR'ENGINEERING AND.DESIGN,SERVICES FOR THE
HEADWORKS SCREEN UPGRADE AND THE PERFORMANCE OPTIMIZATION
PROJECTS AT THE ELLIS CREEK WATER RECYCLING FACILITY
WHEREAS, the City'of Petaluma wishes.to assess the.`Ellis Creek Water Recycling Facility
operations, energy usage and compliance and replace.theheadworks screens; and
WHEREAS, this project requires the services;of a quality professional engineering firm familiar
with the project and experienced in design, assessments construction,and complex biological
and chemical systems of Wastewater treatment facilities and their Components; and
WHEREAS, Kennedy/Jenks Consultants, Inc. (Kennedy/Jenks) responded to the City's Request
for Qualifications (RFQ) and was'choscn based:,on then proposal, interview, reputation, and
experience in design of municipal waste water treatment facilities; and
WHEREAS, Kennedy/Jenks's'ahility to produce superior quality work on complex engineering
projects,has been demonstrated with over 95 years of engineering,.desigmand assessment for
Northern California municipalities; and
WHEREAS, staff recommendsthe City execute.a professionallservices agreement with
Kennedy/Jenks for engineering,and design and services for the I leadworks Screen Upgrade and
the Performance Optimization Projects at the Ellis Creek Water Recycling Facility;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
1. Authorizes the,,CityManager to;signthesattached Professional Services Agreement
for engineering,and,'design services with Kennedy/Jenks in support of the l-leadworks
Screen Upgrade and the Performance Optimization Projects at the Ellis Creek Water
Recycling Facility in the amount not to exceed $592;620.00.
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Attachment 2
PROFESSIONAL SERVICES,AGREEMENT
Engineering and Design.Services for°the_Headworkscreen.Upgradetand the Performance
Optimization.Projectsat;the Ell is/Creek'Water Reeve!ing:Facility
(Title of.Project,
FY 13/14 Fund#6600 Cost Center'66999 Object Code 54110 Project#:66501305-30100 Amount$406.845
For multi-year contracts.or contracts with multiple accounts:
FY 13/14 Fund#6600 Cost Center 66999 Object Code 54110 Project#66501306-30100 Amount$36,120
FY 13/14 Fund#6600 CosiCenter+66999 Object Code 54110.Project 1,i66501305-'30300 'Amount$149.655
FY Fund# Cost Center Object Code .. Project# Amount$
FY Fund t# . Cost Center Object Code .Project# Amount$
FY Fund# Cost Center Object Code Project# Amount$
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of ., 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation, and a charter city ("City") and Kennedy/Jenks Consultants, Inc.. a
California Corporation ("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 considerationof the mutual covenants contained in this Agreement, the Parties
agree as•follows:
Services. Consulta_nt shall provide the;services as descr=ibed 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 Seivices 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 requestedby'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 beTaid.for such:setvices. In no`case;shall the total compensation
under this.Agreement exceed $592,620 without prior written authorization ofthe
City Manager. Further, no compensation for, a section or work program
component attached with a specific budget shall be exceeded without prior written
atttliorization Of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until' such time as Consultant has on file with the City Finance
Department a current W-9 forth. available from the IRS wbbsite (www.irs.gov)
and has obtained a currently valid Petalurna businesstax:certificate.
PROFESSIONAL SERVICES AGREEMENT
1
(Manage AG093?I)March 2013 7
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E. City's obligation, to pay compensation to _Consultant as provided herein is
contingent upon Consultant's perforniancesof'the Services pursuant to the terms
and conditions,of thisAgreement and anyanrendnients thereto.
3. Tern], The term of this Agreement commences on•the;Effective Date, and terminates on
June 30, 2013, unless sooner terminated in aecoirdance with Section/4. Upon termination,
any and all of City's documents or materials. Consultant and any and all of
the documents or materials prepared for City for 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 ofthe-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 teriiiiiiation o'r 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. Consultantls Repi•esentation;_Independent Contvact'or, Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material iUdueetnent to..enter into this Agreement.
Consultant shall, therefore,'provide properly skilled professional and technical personnel
to perform all Selvices'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 a •officers, employees or agents of City This Agreement shall not be
construed asan 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 faeilities,or equipment, Unless the City
•otherwise agrees in writing•to provide the same.
7. Licenses; Permits,.Etc. Consultant shall, at Consultant's sole cost•andsxpense, 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 tlie&Services.
8. Time. Consultant"shall devote such tithe to the perforinance,,,ofthe Services as may be
reasonably necessary satisfactory performance of Consultant's obligations pursuant to
this Agreement.
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9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
thatxhe'Services are being performed in accordance with;the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
PROFESSIONAL SERVICES AGREEMENT
(iManage 11609321)March 2013 8
YI
inspection and approval by the City. ' The, inspection of such work shall not relieve
Consultaiit.of any of its-Obligations pursuant to 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.
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I. .Confidentiality: In the course.of Consultant's employment, Consultant may have access
to trade secretsrandconfidential information, disclosure of which is protected or limited
by law. Consultant stiall not.:di •eetly o'r indirectly disclose or, use any such confidential
information, except as'ecjaited•for'the performance'of thc"Services.
12. Conflict of Interest. Consultant represents- that it presently has no interest, and
covenants that it shall not acquire•any interest,'diiectorindirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant.fiirthercovenants that,lin 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. Ifasuchconflict 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 governmentdecisionsrregarding approval oradoption of,rates, rules, or
regulations,;action on'permits.or other-applications, authorization to enter into or modify
contracts, or'approval.ofplans, designs; reports or studies,. Consultant agrees to comply
fully with all such requirements to the extent_theyapply-to Consultant's performance of
the.Services.
13. ConsultantNo..Agent. Except as City may specify in writing, Consultant shall.have no •
. authority, express or implied, to act on.behalf,St 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• mariner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoevernature,•which,Consultant deliveis 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" ofCityupon deliveryofthe:same.
15. Assignment/Transfer. No assignment,ortransferinrwhole.or in part of this Agreement
shall be made without theprior.Written consent-of City.
16. Subcontractors. Consultant shalt directly perform°all Services,.and shall not subcontract
any portion of perforinanee of the Sei-vices without the prior written consent of City.
Any such subcontractors, shall be required to comply, to the full extent applicable, with
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PROFESSIONAL SERVICES AGREEMENT
(iManage N6093211.March 2013 9
the terms and conditions',of this Agreement;vincluding 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, 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;theCity, the-Americanswith Disabilities Act, and any laws
and regulations related to any'c,opyright, 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-andregulations applicable to such fiscal assistance.
18. 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:saine may be amended from time to
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time Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's(rcompliance with the requirements of the Living
Wage Ordinance, and Shall ,Within fifteen (IS) calendar days:of-the Effective Date of this
Agreement, notify each'of its al,fected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the,Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C; shall be apart of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by'the City, must`piovide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of-the Living Wage Ordinance shall constitute cause for City's
termination of this Ag"reeinent pursuant to S'oction 4 hereof.
19. 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.
20. Notice. Except as-otherwise specified in-this..Agreement, all notices;+to be sent pursuant
to this Agreement shall be made in writing; and sent to the Parties at their respective
addresses specified below or to such other address as.a Party may designate by written
notice delivered to the'otherParty in accordance'with this-Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested,.in which case notice Shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally,recognized,overnight�courier, with charges prepaid or charged to the
sender's account, in which case notice .is effective on delivery if delivery is
confirmed by tle.deli'ery service; of
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PROFESSIONAL SERVICES AGREEMENT
(iManage 4609321)March 2013 10
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(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
reportis 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 dine or on a nonbusiness day.:
City: City Clerk
City of Petaluma
Post Office Box:6•1
Petaluma; California 94953
Phone: (707) 778-436.0
Fax: (707)'778=4554
Em ail: cityclerk @ci.petaluma.ca.us
And:
Dan St. John,F. ASCE—Diector, Dept. PW&U
Department;df Public Works and Utilities
202 N. McDowell:Blvd.
Petaluma, CA 94954
Phone: (707) 778-4546
Fax: (707)778.4508
[nail: dstjohh @c'i.petalna.ca.us
Consultant: Craig W. Uichty_ P.E., Vice President
Kennedy/Jenks Consultants
200 Fourth Street,,Suite2,10
Santa.ROsa,CA, 95401
Phone: (767) 5-26-1064 X1302
Fax:
Email: CLichty(cJ,KennedyJenks.com
21. Ownership of Documents. All original papers:documents-or computer material on disk
or microfilm, and copies thereof, produced as a.result Of this Agreement, shall be the
property. of City,andmay not be used by Consultant without'the written,consel t of City.
Copies of.such documentsvor-papersshall not.be disclosed.to others without the written
consent of the'City Manager or his or her designated representative.
22. Indemnification. To the..maximum extent permitted by law 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, .civ.il penaltiesaand fines, expenses and costs (including, without
limitation, claims:expenses, attorney's fees and costs and fees;of litigation) (collectively,
"Liability") of every nature, whether actual,.alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
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PROFESSIONAL SERVICES AGREEMENT
(iManege H609321)March 2013 1
The Consultant's obligation toindemnify, defend and hold harmless under this provision
shall not beexcused because of the;Consultant'sinability 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 repiesentati've'ofthe City'ini 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 ttiaLniay. 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 occius: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 reiniburse 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 maybe amended from time
to time, Consultant's duty to'inlemnify shall only be to the maximum extent permitted by
California Civil Code?Section 2782.8.
23. Insurance. Consultantiishall comply with the "lnsurance'Requirements for Consultants"
in Exhibit B-2, attached 'hereto.,and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-! "B-2, " ,.B-3, , or "8-4. 1
24. Amendment. This.Agreenient may be amended only by a written instrument executed
by both Parties:_
25, Lititation.. IMP 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.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that-the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement. '
6 �
PROFESSIONAL SERVICES AGREEMENT
(Manage N609321)March 2013 12
'27. Governing Law; Venue. "This Agreement shall b'esenlafced' 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 •venues_ in a court of competent
jurisdiction in the County of State of California.
28. Non-Waiver. The •City'sfailure 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 pro'v'ision shall remain in-full force and effect.
29. Severabili y. 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 continueinfull force and effect.
30. No Third Party B'enefieiaries. . The Parties do,:not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties;agree.to make a good faith.atteinpt;toresolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutuallyagree upon the mediatorand shall divide.the.costs-of mediation equally.
32. Consultant's Books?and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or.docunents 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 Consultantpursuant'to this Agreement.
13. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for ar,minimum period of three (3) years or for
any longer period required by law, from the date of terfriination or completion of
this Agreement.
C. Any records'or documents required to be maintained pursuant to this Agreement
shall be made-available for inspection oraudit, 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 he provided to the City for inspection at Petaluma City Hall
when tit is practical to do so. Otherwise, unless an alternative is iiintually`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 writteli 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.
7
PROFESSIONAL SERVICES AGREEMENT
(ihlanage#609321)March 2013 13
•
33. Headings. The-headings used in.this Agreement are'for'donvenienee only and are not
intended+tb affect the interpretation or construction of any provisions herein.
34. 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.
35. 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, theiparties hereto have executed this document the,day, month and
year first above written.
CITY OF PETALUMA CONSULTAN.
By l'
City Manager `Name
ATTEST: V Ce Pres/oftent
Title
ZOO recirkk S�y+s {'l Smirk ZI CO
City Clerk Address
APPROVED AS TO FORM: Sciijtc Roa 04 95401
City State Zip
94-0)17007
City Attorney TaipayerlLD.Number
APPROVED: { enciirri G-
Petaluma Business Tax Certificate Number
Department Director -
APPROVED:
Risk Manager
APPROVED:,
Finance Director
file name:s:\CIP\W W\C66501305 EC Asses:nent 2013
8
PROFESSIONAL SERVICES AGREEMENT
(iMannge'B609Pq March 2013
14
•
Exhibit A
Scope of Services and Rates
Engineering and Design Services
for. the
Ellis.Creek Water Recycling Facility
Optimization Project
The City desires to,improve and•optimize,the operations at the Ellis Creek Water Recycling
Facility in order tb maintain permit compliance 'reduce operations and'maintenance costs,
improve reliability and optimize the performance of the treatment processes. In addition; the City
wants;to explore ways in which it can support-area businesses, by improving its ability to cost-
effectively accept and process medium and high-strength waste streams This scope of
services provides the initial engineering and design related seniides to assist the City in
developing an approach to meet,these.goals and objectives.
General Assumptions.
• The Work will be authorized incrementally and it is anticipated that'the work scope will
evolve over time in,response;to:a variety ofnissues as initial assessments are completed and
the City's needs are.be-more fully identifiedh This scope of services includes a detailed
scope and budget for an Initial Work Authorization and an outline of scope items and budget
allowance for On,Call Support Services that will be subsequentlydefined and authorized on
a task order basis.
• The Initial Work Authorization includes and end-to end°operational and process audit of the
facility, an initial assessment of how the plant isioperating relative;to planned/designed
capacity, a Co-digestion Pilot Project, and the design and°bidding support services for a
Headworks Screen Upgrade Project: This work will provide operations and maintenance
benefits.and identify ways to':improve permit compliance and reduce operating costs. The
following areas ofwork are included in the initial;work authorization.
- Planning Services
Process Audit
• Initial Liquid Process Assessment
• Initial Solids Process Assessment
- Design and Bidding Support Services
• Headworks Screen,Upgrade Project i
- Project Management and Quality Assuranc4QualityControl:Program
• The OnCall Support Services includes a budgetfortanticipated work`in,several areas that
could include one or more of:the following: written deliverables'for the Initial Liquid and
i
Exhibit A Page 1 of 19 2 July 2013
15
Solids Process Assessments, CityCouncitcommunications support;:industrial/community
outreach, capital improvement planning, regulatory review, permit negotiations, filter pilot
testing, policy and rate/fee structure development; grant funding assistance, operational and
construction period support services, and design otminor improvement projects that could
provide immediate operational benefits.
• This scope of services is developed to assess the.Ellis Creek Water Recycling Facility for its
current rated'Average Dry Weather Flow (ADWF) capacity of 8 O'MGD and current loading
conditions. Assessment of potential future changed operating conditions and any
improvements required to meet future or currently.Unidentified permitting requirements are
not included, but could be added and On Call Support Services.
• The labor effort for each work task is based on a schedule and specified time durations.
Certain'work tasks, like project management, are time dependent and the corresponding
effort level and fee is.directly.related'to the:work.duration.
• The City and Consultant will closely interact.and,share responsibilities in performing the
engineering, design ser&ices:and construction. The roles and responsibilities of each party
are defined herein. With respectte construdtion services, the City ywill serve as the overall
Construction Manager and provide onsite construction observation including daily activity
reports. The City will be the primary point of contact with the Contractor, receive and
manage all correspondence, review and approve pay requests and change orders, receive
and route requests:for information/clarification and shop drawings between.Consultant and
Contractor. The City agrees to retain Consultant;to,provide engineering services during
construction and,the budget for these services will be satisfactorily negotiated following the
90% Design Subnittarreview penod'and prior to the commencementof preparing Final
Contract Documents for the.Headworks Screen Upgrade Project. A contractamendment for
engineering services during;construction will be provided by the;City.
• Some work tasks maybeperformed for the`City on an "as-requested" basis. These tasks
will be clearly defined in the°s`cope of•work and the associated'budget will be closely
managed by the City and Consultant. Consultant will advise the Cityof the budget status
(spent/remaining) for any as-needed service with each'monthlyinvoice for services.
• The Consultant will.study, evaluate and design the project, based partly on information
provided by the City and other consultants whoa are not a part of°this^agreement. This
information, such as prior geotechnical reports, utility mapping and operational/laboratory
data is assumed to be readily available andreorrect to the best of Consultants,knowledge:
General Services Provided by Consultant
• The-Consultant will'manage.the•scope'ofservices, schedule,and budgets, provide a monthly
status report with invoices for services; and:develop.and maintain a'quality
assurance/quality control plan throughout the course of the work.
• The Consultant-will provide:five draft copies and ten final copies of deliverables including
Technical Memoranda and'the Capital Improvement Plan as identified in the Scope of
Services, unless specified:Otherwise. Design:deliverables will''include one signed and
sealed reproducible set/Of contract documents including drawings (full-sized and half-sized
drawings), technical specifications,:supplemental provisions and city-provided bidding
Exhibit A Page 2 of 19 2 July 2013
16
documents and general..conditions. Final deliverables wilV`incorporate City review comments.
Electronic versions (Adobe Acrobat)-of deliverables will also be-provided.
Initial Work Authorization
The following tasks of work are included in the initial authorization to proceed
Task P1 — Process Audit
An end-to-end process audit Will be conducted of the Ellis Creek Water Recycling Facility to
identify operational constraints and opportunities.for.mitigating,operational problems, optimizing
process performance, and reducing energy use This audit will.encompass all facilities on the
site including buildings, liquid and-solids processes, pumping°facilities, chemical storage and
feed facilities, and ponds:and wetlands:
Subtask P1.1 - Process Audit
Perform Process Audit- The process audit will include an off-site review of data and information
(requested undersubsequenttasks P2and P3) provide-a'multi-dayon-site evaluation of unit
processes. Consultant team members will include, at a minimum, a Certified Grade V Operator,
l&C/Electrical Engineer,Senior Liquid Process/Solids Digestion Engineer and a
Ponds/Wetlands Treatment Specialist. The on-site evaluation-will look'for potential savings in
energy, capacity enhancement, chemical use, labor savings, and improvements in operations
and plant performance.
Process Audit Workshop — a one-day workshopwill be conducted with plantoperations staff to
discuss the evaluation and`findings and what issues/considerations wilt be'carried forward into
the subsequent liquid and solids`processsevaluations The purpose.ofthe'workshop'will be to
identify immediate opportunities that the City's Operations Staff can implement that may
improve plant performance and permit compliance and reduce O&M.costs. This workshop may
be performed in conjunction with the workshop identified in-Subtask P1.2.
Process Audit Technical Memorandum- The Technical'Memorandum (TM)will summarize
findings and recommendations of the audit and`workshop and,quantify the savings and process
improvements, where;possible. Aninterim ponds and wetlands management plan will be
included in'the TM that will provide guidance:on how to'best°operate the ponds and maintain the
vegetation to improvetreatment performance,''increase dissolved'oxygen;;reduce/control algae,
mosquitoes and muskrats. A Drat and Final TM will be provided that incorporates the City,'s
written review comments. A review meeting to discuss the Draft TM is included.This TM may be
consolidated with the deliverable identified in Subtask P.1.2.
Subtask P1.24- Energy Audit
Perform Energy Audit-T,he,energy audit will consist of both an"off-site.review:of data and an
i
review any previous energyaudits; energy
an-site t
use information, determine what energy efficiency measures (EEMs) have already been
implemented, and what EEMs may have been planned or recommended, but not implemented.
The second step of the energy`audit'is to perform a 1-to-2 day site visit to gather detailed
information about the major pieces of equipment, including: quantities, age and energy use
information: During the site visit we will also interview management and operations staff.
Consultant team members will include, at a minimum, alCertified.Energy Manager and
rf I
Exhibit A. Page 3 of 19 2 July 2013
17
•
I&C/Electrical Engineer. Afterthe on-siteaudit.we will,cpmplete a detailed analysis of the
identified major pieces of equipment bycalculating energy use identifying-potentially energy
efficient replacement equipment; and determining: capital cost;energy savings, incentives, net
cost,.simple payback, net present value, rate of return, and operational impacts and benefits for
selected equipment that are identified as having opportunitiesifor energy savings. The EEMswill
then be ranked-by cost-effectiveness which will be the basis of any recommendations.
Energy-Audit Technical Memorandum.-The Technical.Memorandum will describe the process,
summarize the findings and:recommendations,,,create a discrete set of'EEM5 to implement, and
develop a'plan,on how to'implementthe EEMs A Draft and Final TM will be providedahat
incorporates the City's written review comments. A review meeting°,to discuss the Draft TM is
included.
Task P2 - Liquid.Precess Assessment
The liquid process evaluation includes-an end-to-end;assessment of the liquid process stream
including the conventional wastewater;treatment facilities, oxidation ponds, and wetlands
treatment and polishing ponds.Together,,all of these facilities are used to treat incoming
wastewater from the collection system and onsite,storm water, manage the discharge of effluent
to receiving waters, and produce'recycled water for beneficial reuse and to:meet seasonal
discharge prohibitions. The'assessmehfincludes an initial evaluation of existing operational
constraints that are negativelyaffecting hydraulic and process performance. A comprehensive
assessment and the identification and evaluation of options}and-alternatives for correcting the
deficiencies, and providing for'any additional capacity, reliability and`permit compliance
improvements is notincluded afthis time. This assessmenfbuilds upon the.process/energy
audit performed under the priorsubtask, and also includes the developmentand calibration of
models,that will be employed during the subsequent Solids Process Evaluation Task that is
inter-related to this task.
The scope of work for the liquid process evaluation includes the following subtasks'
Subtask P2.1 -.Data/Information Collection and'Review •
Consultant will request and,review`the+data and.relevant information to be provided by the City
in order to perform the evaluations and,assessments undertnis task. This information will be
requested in advance of performing the:process/energyauditunder Task P1.
Review local:Limits Report and NPDES Permit: Consultant will review the existing Local Limits
Reportand NPDESIpermit to fully understand,the current regulations; pollutants of concern and •
how these mayim'pact and shape the;assessment. A meeting will be.conducted with the
Regional Board Staff todiscuss-the evaluation and gain an understanding of'any future
considerations:that:may be;relevant to the assessment:
Data/Information RequestandReview:'Consultant will prepare a written request detailing the
specific information that will be,necessary to complete the liquid process,evaluation. Upon
receipt-of the information, d will be reviewed and analyed.
Additional:Sampling/Testing: Should additional sampling and testing be required.to.fill data gaps
or collect new data Consultant may prepare a sampling and testing protocol for the City under
On Call Support Services Th"e protocol will identify sample locations, type of sample to be
taken,tests to be run do eadh?sample, and frequency and duration of sampling at each location.
Sampling and testing will be conducted by the City. The City Will provide test results compiled in
Exhibit-A Page 4 of 19 2 July 2013
18
•
an Excel spreadsheet,:Consultant will analyze the data and follow-up;with the City should any
clarification be,required or'ifany ambiguities are observed in`tne results.
Subtask P2.2 - Develop Calibrated Process Model.
Consultant will develop and calibrate:a'process modetof the existing biological and solids
separation processes (liguid,andsolids streams) atthelfacility'to serve as a oasis for evaluating
current capacity and the benefit offproposed improvements. The model will support both the
liquids and solids process assessment;tasks that are inter-related. The existing oxidation ponds
and wetlands treatment and polishing ponds are not included in;this model and are evaluated
separately as noted herein.
Model:Construction:°Consultant will construct a'model of the existing biological and solids
separation processes using the,,BioWin modeling program based•on information and data
gathered under the prior subtask. Should the City have,an,existing BioWin model available,
Consultant will review and modify it foiuse under this task,if itis a more efficient way to
complete work under this subtask. Tosimplify the model and reduce the processing time for the
model to reach a solution, only one Orbal,oxidation ditch will be modeled using half the total
flow. The effluent'from that ditch Will be mirrored to reflect the performance of both Orbals at full
flow.
Calibrate.Mode : Once constructed, the model will be calibrated to the;existing facility
performance data and any supplemental data that is gathered"under the prior subtask. The
calibration runs will be under steady-state conditions tieing average annual and maximum
month flow and loading.conditions: Calibration will include examining and if necessary,
adjusting input parameters such as wastewaterlfractions and kinetic rate constants until
calibration is achieved. Model results correlating to within 10% of observed values are
considered a,good calibration,for most parameters. Calibration-Within 20% for some non-critical
performance parameters is considered acceptable to avoid extensive effort calibrating
parameters that do not have a.significant impact on primary model outputs and results.
Subtask P2;3 - Develop;Calibrated Hydraulic Model
Consultant will develop a calibrated hydraulic model of the existing liquid stream at the.,facility
(excluding the oxidation ponds and wetlands treatment and polishing ponds, which will be
evaluated task)t i current capacity,
any identified capac ty'enhancement andthe benefits of proposed mpro ements
Model.Preparation:`Consultant will construct the hydraulic model using the Visual Hydraulics
modeling program, based on information and data gathered under the prior subtask: To reduce
effort and costs of.modeling, split flow will be modeledthrough only one process stream, where
parallel processes exist.
Calibrate Model: Once constructed, the model will be calibrated to existing facility performance
data. The calibration'runs'will be under steady-state conditions using average annual, maximum
month, and peak hour flow conditions.:To assist with calibration, Consultant will request City
provide supplemental field measurements of water levels and flows.The request for these field
measurements will provide the detailed locations and reference points for the measurements.
Subtask P2.4 - Model Calibration Review Workshop
Exhibit A Page 5 of 19 2 July 2013
19
Consultant will conducts workshop.with^the City to discussthe biological process and hydraulic
model calibrations and.resolve:ambiguities between the model and the'actual performance and
operating data. The one day workshop•will.beattended by up to four representatives.from
Consultant. An agenda, PowerPoint presentation, and workshop notes will be provided.
Subtask P2.5 - Evaluate:.Hydraulic and Liquid Treatment Capacity
Consultant will use the calibrated'process and,hydraulic models to predict the capacity of the
existing facility under the targetedflow and loading cenditionsstated in the general assumptions
as well as its ability to comply with;:the current NPDES permit„Local:Limits report, and future
requirements that are anticipated as,a result ofdiscussions with Regional Board Staff.
Capacity Determination: Consultant will perform steady-state,process model runs under
targeted,.average.annual and maxinium`montliflow and load conditions. Additionally, two
dynamic process model runs will be conducted to evaluate-impacts of diurnal variations and
peak flow conditions. Steady-state hydraulic model runs will'be conducted;under targeted
annual average, maximum month and,peak hour flow conditions. Predicted performance from
the process model will be compared with the NPDES'perrnit and Local Limits to verify
compliance. If the processmodel does-not predict compliance, the targeted conditions will be
adjusted and the model scenarios run again to determine under what maximum conditions the
model predicts compliance.
Assess Impact of Local Limits: Prediction of compliance with:LocalLimits not addressed by the
process model (e.g., metals) will be evaluated separately in a desktop analysis.
Evaluate Capacity to;Accept.Medium Strength Waste: Consultant',willrun process model
scenarios at the targeted average annual and"maximum montfi flow and lead conditions with
addition of medium strength waste The predicted performance will be compared with the
NPDES permit and Local Limits report'to verify rcompliance. An,estimate will be made of the
maximum amount of medium strength waste that can be accepted while predicting continued
compliance.
Identify Liquid Process`Constraints: Consultantlwill use:the results'of,the model runs above to
identify hydraulic and process related constraints in the liquid,process,fstream"preventing
reaching the targeted flow and load conditions (excluding the recycled'water system, oxidation
ponds and:wetlands, whichare addressed separately in following subtasks. This will include
evaluation of the secondary'clarifiers using state point analysis within the process model.,The
current capacity of,each constraint will be;estimated and the constraints will be presented in
order'of their.impact:on capacity, most to least,limiting.
Task P3- Solids Process Assessment
Subtask P3.1, - Collect and Tabulate Data/Information
The purpose of this task is,to gather and tabulate the recent historicalioperating data on the
solids process and review the'solids operations practices'to establish a record of process
performance and an understanding of operations practices. This information will be requested in
advance of performing the process/energy audit under Task P1.
Data/Information Request and Review: Consultant will prepare a written request detailing the
specific information that will be necessary to complete the solids process evaluation. At a
Exhibit A Page 6 of 19 2 July 2013
20
•
•
• minimum, it will include'the'past, hree years of operating"data;'The'City will provide,historical
operating data in an Excel spreadsheet, with other infennatioii (e.g., equipmentcut-sheets,
O&M records) in PDF format. Upon receipt of tfie information,'itwill be reviewed and analyzed,
• and any requests for clarification will be submitted to the City.
Additional Sampling/Testing;Should additional'sampling and testing be required to fill`data;gaps
or collect new'data,,;Consultant may prepare-a,sampling and testing protocol for the City under
On Call Support Services. The protocol;will identify sample locations;.type of;sample;to be
taken, tests to be run on each sample, and frequency'and`duratiomoc'sampling areach,location.
Sampling and testing Will be conducted by the City. The City'will:provide:test?results compiled in
an Excel spreadsheet. Consultant will.analyzertherdataand follow=up with the,City:should.any
clarification be required or if any ambiguities are observed in the results.
Review:Permits: Consultant'will review the City,s current air quality permit, biosolids'permit, and
any other permits that relate:to the.solids process. '
Subtask P3.2 - Assess Capacity to HandleiCurrent and Potential Future Solids
Loadings
This task will assessthe capacitydtexisting solids facilitiesto'handle;variouscombinations of
waste loading from the liquid process as well as delivered high-strength waste streams
(including fats, oils and grease [FOG], and food waste). The assessment will include a
projection for performance assuming existing mesophillic.digestion capacity and associated
facilities.are doubled (notuincluding duplication of acid phased digestion). A.market assessment
of high-strength waste streams is not included, but may for'under On Call Support
Services.
Identify Solids LoadingScenarios: Consultant, in consultation With the City, will identify.and
evaluate up to four solids loading scenarios using various combinations of the following!options.
The four general loading options include:
• Option 1 - Existing WastewaterLoadingfrom Existing Facilities—WAS from existing
secondary process only.
• .Option 2 - Existing°Wastewater Loading-from new Primary Treatment (primary filtration
and primary clarification will both!be considered)+ WAS from existing and improved
secondary process.
• Option 3 - New Medium-Strength Industrial loading —adding'-medium-strengthwaste to
liquid stream.
• Option 4 - New High'-Strength Industrial loading T.adding high strength-waste (FOG,and
food waste streams) directly to digesters, including`use of existing acid-phase or
potentially modified`mesophilic digesters.
Evaluate Solids.LoadinqyScenarios - Consultant will evaluate the hydraulic and solids loading
capacity for the existing facilities?and'potential doubling'yof mesophillic digestion,capacity for the
identified loading scenarios .Consultant will identify the solids concentrations and volatile
content for each:waste source, based on the current results at Ellis Creek; previous,filtration
pilot study information; other available data If required,(Consultant will use typical wastewater
criteria or data from other,similar projects to fill data gaps. The results will be tabulated in
spreadsheet format for use in subsequent subtasks.
1
Exhibit A Page'7 of 19 2 July 2013
2I
•
Stibtask P3.3 — Co-Digestion Pilot:Study Using High-Strength Waste
This task will assess the digestibility, gas production"potential and impacts on dewatering
efficiency ofup to three high-strength waste.sources-that are produced.by local food and
beverage industries.
Identify Candidate Industries/Waste Sources: The Consultant will discuss'candidate,industries
with the City and identify the most ideal:high strength waste sources for the pilot study,based
on the information that will be obtained from their involvement Consultant;.working in
collaboration with the City, will++contact!up to three local industries-and conduct interviews with
the goal of obtaining information including:
• Volume of high-strength waste produced
• Characteristics (COD, BOD, SS, NH3, pH, copper, nickel)
• Daily, weekly, monthly, seasonal-fluctuations in source availability or characteristics
• Current disposal method forwaste source.
Consultant will develop protocols for sampling and analyzing;the identified waste stream(s)
under On Call Support Services; if reliable or complete data does not exist from the identified
industries.
Develop Pilot Test Program.Protocol: Consultant will.develop a pilot:test program that will
include the following:
• High-strength waste collection and;transportation plan
• Plan for receiving, storing, and processing the high-strength waste at the Ellis Creek
facility
• Plan for "conditioning"the digester with the new waste stream
• Plan for feeding the digester with high-strength waste and monitoring the digester
performance
It is assumed the City will construct any facilities or facilities modifications.required to perform
the pilot study, and provide all sampling, testing;and.laboratory results for Consultant's use.
Evaluate.Pilot Test Results and Prepare Technical Memorandum: Consultant-will evaluate the
results of the pilot test for up to three different wastes and report the results and findings in a
draft and final technical memorandum. Included in,that technical memorandum will be a
projection for the potential volume'of digester gas that could,be produced from each source of
high-strength wate:andidentification of potential impacts.on:digestion and downstream
dewatering.processes. A review meeting will be;conducted.with.the City to review the draft
technical memorandum
Task D — Headworks Screen Replacement Design, Bid, and Engineering Services
During Construction
This element of the,..work will-be used to.prepare contract documents to replace the two existing
screens at the headworks with new units. The new screens will be designed with smaller
Exhibit A Page 8 of 19 2 July 2013
22
' I
openings (1/4-inch norninal) to increase the percentage of nonbiodegradable solids removed at
the headworks.
Suitability ofte following screen technologies will be ekamined during the design-development
phase:
• Perforated Plate Rotary Drum Screen
• Step Screen
• Multiple Rake Bar Screen
Engineering effort for the headworks screen replacement task will take place over four phases:
• Design Development,Phase"—establishes the:basis efdesign that will be carried
forward to prepare contract documents for construction.
• Contract Document Phase—preparation of plans and specifications for construction
afterCity'approval of:the Basis.of Design.
• . Bid Phase—limited engineering assistance betweenihe;bid advertisement and
construction co ntract,award.
• Construction Phase—engineering assistance during construction will be negotiated and
provided for under an'amendmentto this agreement.
Given that the scope of Work is limitedtoreplacing the-screens, the planned drawing and
specifications lists do not include any civilsite work or Structural engineering.
The following tasks descriptions"provide:a breakdown of the engineering activities that are
planned for this scope of work`
Design-Development[Phase
Task D1 — Preliminary Design'
This task consists of the work'needed,to establish a detailed basis:of design.for the screen
replacement. Accordingly, the following activities will occur during this phase of the screen
replacement project:
Subtask D1,1 - Data/Information Collection and Review
A combined kickoff meeting and site visit will be'.conducted'to;collect and review„available
background;data,and information related to theexisting headworks.screens: Desigrrobjectives,
fortlie screens will.also be:established at this time.
Deliverables:-
• Kickoff meeting-minutes
Subtask D1.2 -Evaluate Applicable Screen Technologies
The following screen technologies wine evaluated for suitability:
• Perforated Plate Rotary Drum Screen '
• Step Screen 1
Exhibit A Page 9 of 19 2 July 2013
23
•
• Multiple Rake Bar Screen
The evaluation process will consist of the following activities:
• Establish design requirements for screen appurtenances (washer, compactor and
conveyance subsystems)
• Evaluate screen head loss to establish-hydraulic compatibility with upstream and
downstream processes
•
• Evaluate geometric-compatibility with the existing headworks structure
• Evaluate screen-capture efficiency
• Evaluate operations,and`maintenancerequirements
• Evaluate instrumentation and control requirements.
Results of the evaluation process will be presented in a workshop setting. The purpose of the
workshop will be to select the screen technology that will be incorporated into the construction
documents.
Deliverables:
• Workshop meeting minutes
Meetings:
• One workshop
Subtask D1.3 — Draft Basis-of-Design Technical Memorandum (TM)
The basis of design for the new screens will be:documente d in'a TM. This document will
establish the following:
• Screen type(s) and appurtenances that will be specified
• Hydraulic criteria
• Screen layout
• Construction sequencing constraints
• Equipment procurement approach
• Code,requirements.
• Engineer's preliminary.estimate of probable construction costs
• SCADA integration requirements
Deliverables:
• Draft Basis of Design TM
Meetings:
• (1) review meeting
Subtask D1.4 - QA/QC
Exhibit A Page 10 049 2 July 2013
24
The draft-basis of design TM will be reviewed in•accordance:with Consultants standard
procedures. No'meetings'ordeliverables are planned for this;task.
Subtask D1.5 — Finalize.Basis of Design TM
City's review comments to the draft document-will`be'incorporated into the final TM
Deliverables:.
• Final Basis of Design TM
Contract Documents'Phase
This phase of work consists of developing contract documents (plans and specifications) based
on the City-approved basisof design: 'Based on our understanding the project scope, the
following drawings are anticipated:
• G-1: Project Vicinity-Map, Location Map and Index.to:Plans
• G-2: Legend, Piping Symbols, Piping Schedule and Desigh'Criteria
• C-1: Site Plan
• M-1: Demolition Plan
• M-2: Demolition Photos
• M-3: Deck Plan
• M-4: Sectional Plan
• M-5: Sections
• M-6: Mechanical Details
• E-1: Legend
• E-2: One-Line Diagram — Demolition.
• E-3: One-Line Diagram Improvement
• E-4: Area Plan
• E-5: Plan View
• E-6: Elevations
• E-7 Schedules and Details
• I-1: Legend
• 1-2: P&ID— Headworks (prior Contract Drawing 01 N0.1 with edits)
• 1-3: P&ID— Headworks (prior Contract Drawing 01 NO2:with edits)
• 1-4: Control Diagrams
• • 1-5: Elevations and Details
In addition, the following,specifications are anticipated:
• GeneraiRequirements (CSI Division 1)
• Metal_Fabrications
• Protective Coatings
• Identifying Devices
• General Equipment and Mechanical Requirements
• Electric-Motor Drives
• Screen Equipment
• Piping, Valves and Accessories ,
• General Electrical Requirements
• Instrumentation and;Cbntrols 1
Exhibit A Page 11 of 19 2 July 2013
•
25
r i
•
Task D2 - 50% Design Submittal
The 59%submittal will be.based onthe-approved basis.of design'as''developed.under Task D1,
described above. The purpose of-the 50% submittal is to provide:a..clear understanding of the
scope of improvements prior to submitting a complete set of drawings and specifications.
Accordingly, the following materials will be developed during this task:
Subtask D2.1 - 50% Drawings
• M-1: Demolition Plan
• M-2: Demolition'Ptiotos
• M-3: Deck.Plan
• M-5: Sections
• 1E-2: One-Line Diagram — Demolition
• E-3: One-Line Diagram.— Improvement
• E-5: Plan View
• • 1-2: P&ID— Headworks(prior.Contract Drawing 01N01 with edits)
• 1-3: P&ID— Headworks(prior Contract Drawing 01 NO2with,edits)
Subtask 02.2 - 50% Specifications
• Table of contents
• Division 1 (General Requirements)
• Screen Equipment
•
Subtask D2.3 — 50% Cost.Estimate.
Consultant will update the engineer'sestimatefof probable construction costs (estimate)
Subtask D2;4 - Meetings '&cSite Visits
• (1) site visit to EC \AONTP
• (1) Review workshop with City after 50%submittal
Deliverables
• ,50% Drawings, specifications and estimate
• 'Meeting'niihOtesifrom 50% review workshop
Task D3 -.90% Design Submittal
The 90% submittal will consist of a complete set of draft bidding'documents'for the City's final
review prior to submitting final bid documents. Thus, this effort consists of the following
subtasks•
Subtask 03:1 — 90% Drawings
A complete:set of„draft contract;drawings will be prepared based on the approved basis of
design and City's 50% review comments.
I
Exhibit A Page 12 of19 2 July 2013
1
26
Subtask D3.2 90%Specifications
A.complete set of technical specifications will be prepared based on the approved basis of
design and the City's 50% review comments. The City,s standard boilerplate;documents (i.e. •
bid forms, agreement, and contract conditions);will be edited per the City's instructions.
Subtask D3.3 - 90%Cost Estimate
Consultant will update the engineer's estimate of probable construction costs (estimate). •
Subtask D3.4 - Meetings & Site Visits
• 90% review meeting
• No site visits.plannedtor this.subtask
Deliverables:
• 90% Drawings; specifications and cost estimate
• Meeting minutes from 90% reviewworkshop
Task D4— Final Bid Documents
Final bid documents will be`prepared and submitted to thesCity'for reproduction;and
advertisement, and distnbution'for constructiorCbids. No meetings or site visits are planned for
this task.
Subtask D4.1 — Final Drawings
Edit 90% drawings to incorporate,City's,90%.review comments
Subtask D4.2 Final Specifications
Edit 90% specifications to incorporate City's 90% review comments
Subtask.D4.3 — Final Cost'Estimate
Edit90% cost estimate'to incorporate City's 90% review comments.
Deliverables
• One unbound set of half-size and full-size reproducible plans
• One unbound set of'single=sided specifications
Bidding Phase
Task D5 — Bid Support Services
Basic bid-phase'services consist of:
Subtask`.D5.1 - Bidders' RFIs
Exhibit A Page 13 o(19 2 July 2013
27
rl
Respond to bidders' requests for clarification during the 30-day bid period.
•
Exhibit A Page 14 of 19 2 July 2013
28
1
Subtask D5.2 — Prepare Addendum
Prepare up to one (1) addendum, if required Addendum materials,will be submitted to City for
distribution to plan holders.
Subtask D.5.3_— Attend Pre-Bid Meeting
Consultant will attend one pre-bid meeting, which will be facilitated by the City.
Deliverables:
• One (1) addendum
• Meeting minutes
City-Provided Services:
• Maintain plan-holders list
• All advertisement activities
• ! Provide/coordinate:all reproduction of bid documents
•
Task PM — Project Managementzand QA/QC Program.
The budget for program management'is developed based on;a six month (6 month) duration for
services. The/Period can be extended if necessary%by mutual'agreemehtvia a written
amendment to scope, schedule and budget.
Task PM.1 — Develop Work:Plan and Conduct Project Initiation Meeting
Consultant will develop and communicate an internal Work Plan to the project team during an
internal project initiation meeting. The Work Plan will define project team, including
subconsultants, and each team members' role'and:kesponsibilities, lines;of.internal`and•external
communications, the overall quality assurance;and.quality control program, and expectations for
adherence to the scope, schedule andbudget requirements:
Task PM:2 — Manage Team
Consultant will manage in house,and,subconsultant team members during the course of the
work via face to face meetings; teleconferences, conference:calls and email communications,
as appropriate. The purpose of these:commun cations will be..to coordinate ongoing work
actiwfes, and monitor the progress on the scope of work deliverables, work quality, schedule
and,budget.
Task PM.3 — Develop and Maintain QA/QC Program
Consultant will identify a Quality Assurance /Quality Control(QA'/QC) Manager who will develop
and maintain a QA/QC Program consistent with1Consultant's:policies°and generally accepted
industry standards. The program will''identify the reviews and reviewers for each deliverable
included in this scope of services. The budget for performing the review of'each deliverable is
l �
Exhibit A Page 15 of`19 2 July 2013
29
included in the"associated task.budget. Also included in this,task will berg Concept and Criteria
Review.(C&CR),Meeting'fdn the overall project"with:key team Members-Of the project team. The
C&CR meeting will'be conducted within the first45;days of work or 15% of budget expended
and will be led by the QA/OC Manager who will bring in qualified senior personnel from outside
the project team to provide an independent review of the approach concepts•and'engineering
criteria being used to perform the work.
Task PM.4 — PrepareMonthly Invoices/Status Reports
Consultant will prepare monthly invoices for services that will be provided in a format and on a
schedule that is acceptable to the City, Each invoice will include a brief recap of activities
performed during theperiod and the status of the project activities; including any important
issues, problems or anticipated problems that may regaire.actioh or resolution by the City. Up
to six (6) invoices and status reports will be provided.
Task PM.5 — City Project Review Meetings
Consultant will conduct a quarterly'project review meetings with the`City's Project Manager and
the Director of the Public Works and Utilities Department. The purpose of the meeting is to
review the status of the scope, schedule and budget; and to assessthe performance of the
team and the quality of work being provided. Two (2) project review meetings are included.
• On Call Support Services
On Call Support.Servicesmay include anticipated work'in several:general areas as described
previously in the General Assumptions section herein.
The following tasks of work.may be added to this agreement on a task order basis, at the City's
request,•and will require;a separate written authorization to proceed..Specific examples of what
On Call Support Services may„include are,listed below ,This is not a comprehensive list but
illustrates'the types of activities that might be needed including:
• Additional Sampling and Testing Protocols at the Ellis Creek Facility to fill data gaps for
the Liquids and Solids:Process Evaluations
• Development and evaluation of facility alternatives orloading scenarios to be evaluated
following the Initial Liquids and Solids Process Evaluations
• Capital Improvement Planning
'
• Evaluations; hydraulic modeling, market analysis and terminatstorage evaluations for
the
offsite recycled water system
• Stakeholder/Industrial Outreach
• Market;Assessment ofMedium"Strength and/or High-Strength Waste Sources
• Sampling and"Testing of Medium and High-Strehgth Waste Sources
• Co-Digestion Pilot Study Facilities Design,Procurement and Construction Services
• Development of public-private partnership concepts for a co-digestion project
• Capacity and Rate"relatedsupport services
Exhibit A Page 16 of119 2 July 2013
30
• ' Tertiary Pilot Studyto increas&the loading rate on the filters to increase capacity without
new facilities construction
• Grant Funding assistance for Pilot Projects or CIP elements
• Regulatory review and negotiations for re-rating of Ellis Creek.Facilities
• Long-term Biosolids Management Plan and Assessment of Future Biosolids Permitting
Requirements
• Long-Term Wetlands/Ponds/Operations and Maintenance Plan tailored to the final
configuration of facilities recommended in the CIP
• Preliminary Design.of CIP Facilities to supportthe RFP or CEQA processes
• CEQA Compliance.Evaluation of Proposed CIP
• Design of minor improvementsthat•might yield immediate cost savings or operational
benefits, as identified during plant audits, pilots or assessments
• Facilitate and attend site visits to other facilities and examine potential screen
technologies with City staff
• Develop alternative equipment procurement documents;(e.g. pre-purchase agreements,
pre-negotiated agreements) beyond that required for conventional competitive bidding
on public projects
• Additional structural or civil construction documents beyond those listed in the scope of
work for Headworks Screen Replacement
• Preparation of a web-enabled O&M manual.
ExhibitA Page 17 of 99 2 July 2013
31
Custom Schedule.of'Charges Date: April 25, 2013
PERSONNEL COMPENSATION
Classification Hourly Rate
CAD-Technician - - $110
Designer-Senior Technician - - ,.. $140
Engineer-Scientist-Specialist 1 _ - - $130
•
Engineer-Scientist=Specialist 2 $135
Engineer-Scientist-Specialist 3 $155
Engineer-Scientist-Specialist 4 $165
Engineer-Scientist-Specialist 5 $175
Engineer-Scientist-Specialist 6 $185
Engineer-Scientist'Specialist 7 $210
Engineer-Scientist'Specialist 8 - $220
Engineer-Scientist;Specialist 9 -- $230
Project Administrator -- - - $100
Administrative:Assistant - - - $88
Aide - $65
In addition to the above Hourly Rates; a three percent•Communications,Surcharge will be added to
Personnel Compensahon'for normal and incidental copies, communications and postage.
•
DIRECT EXPENSES
Reimbursement for direct expenses, as,listed below, incurred in connection with the work, will be at cost
plus five percent for items-such as:
a. Maps,photographs, 3rd party reproductions,,3rd party printing, equipment-rental, and special
supplies related to'the work.
b. Consultants,:soils engineers,..surveyors, contractors, and:other outside services.
c. Rented vehicles; local public transportation and taxis, travel and subsistence.
d. Project specific telecommunicationsand delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
Reimbursement for vehicles;used imconnectionwith theiwork will be•at'the-federally approved mileage
rates or at a negotiated monthly rate.
Ratesifor professional staff for legal proceedings or as expert witnesses:will be at rates�.;one and one-
half times the Hourly Rates specified above.
Excise and gross;receiptstaxes„if any,will be added as`;a direct expense.
The foregoing Schedule of Charges is incorporated into the agreementfor the-services
provided, effective-April 25,2013 through,December'31, 2013. After December 31', 2013,
invoices'will reflect the Schedule of Charges currentlyln,effect.
Exhibit A Page 18 of 19 2.July 2013
32
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Exhibit A Page 19 of 19 2 July 2013
i
I
I 33
•
INSURANCE REQUIREMENTS
EXHIBIT Bt2
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 cithec:in the body oldie insurance
policies or as endorsementsand 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 futurc for injuries to persons.ordamages'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 subebiitractors. Required professional
liability insurance shall be maintained at the level specified herein, for the duration of this
Agreement and any extension 'thcreofand for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall beat least as-hread as:
Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.'
4. Professional Liability,insurance..
5. Such other insurance coverages;and limits as may be required by the City.
B. Minimum Limits of.Insurance
Consultant shall maintain limits no less than:
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 Agreenierit or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injwry rand 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 ihsuiance:';$1 ,000;000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductiblesanil Self-Insured Retentions
Any deductibles or self insured detentions must}be declared to and approved by the City.
At the option of"the City; either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Page I of 2
INSURANCE REQUIREMENTS(City)
(Manage 4609325)March 2013 34
•
selfinsured 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 lnsui-ance•Provisions,
The required general liability.and automobile policies are to contain, or be endorsed to
contain the following-provisions:
The City, its, officers, officials, einployces; agents and volunteers' arc 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 bythe Consultant. The coverage
shall contain noespecial`limitations on the scope ot 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 selfinsuraiice 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 failwe'tb;c0iiiply with repotting oriother piovisioiis,of the policies including
breaches of wauanties 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 a any way with the Services-to do.likewise.
E. Acceptability of Insurers
•
p g, than
In suiance is to be laced with insurers with a cuirent A.M. Best's ratm of no;less than,
A:VII.
F. Verification of Coverage
Consultant` hall 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
Citybeforc tlie Services commence.
Exhibit B2
Page 2 of 2
INSURANCE,REQUIREMENTS(City)
1 (iManage 0609325)March 201335
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER8.36
The City of Petaluma Living Wage,Ordiiiance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service'contracts, leases, franchises anctother agreements or funding
mechanisms providing linancialassistance'(referredto hereafter as an "Agreement") between
the City of Petaluma ("City") and/or`the Petaluma Community Development Commission
CPCDC") and contractors, lessees,'franchisees, and/or recipients ofCity`and/or PCDC funding
or financial benefits ("coveredentities"):
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'eovered entity is aware of the Ordinance,and,intends to comply
with its provisions.
• Complete the Reportof"Charges, Complaints; Citationsand/or Findings contained in this
Acknowledgement and Certification by providing.information; including the date, subject
matter and mannerof resolution, if any,of all wage, hour,collective bargaining,
workplace safety, environmental orconsumer.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 Departmentof Fair Employment and Housing,
Division of Occupational Safety and Healthv(OSHA), California,Department of Industrial
Relations (Labor°Cominissioner), 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:bii:l,proposal, submission orrequest.
Pursuant to Petaluma Municipal Code Section 8:36.1'20, before,theebeginning,of the term of any
covered Agreement, or prior,tor the execution ofdsaid Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that consistent with
Petaluma Municipal Code Chapter8,36.
By executing:this Acknowledgement and Certification; the covered entity (i) acknowledges'that
it is aware;of the Ordinanceandintends.to comply with its provisions, (ii) attests to.the accuracy
and completeness,of information.provided in the Report of Charges,Complaints, Citation's
and/or.liindings,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 thepeison executing
this Acknowledgement and Certification is,authorized to bind-the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page.1 o f 3
LIVING WAGE ACKNOWLEDGEMENT.
AND CERTIFICATION
(iMnnage 81638697.2 (March 2013)
36
SO ACKNOWLEDGED.'and CERTIFIED:
Project or Contract I.D: C66501305
Date:
(Print Name of Covered Entity/Business Capacity)
By
(Print Name)
Is/
(Signature)
Its
(Title/Capacity of Authorized Signer)
Page;2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CER I'll:ICATHON
()Manage#16386972 (March 2013)
37
•
;REPORTOF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT,TO PETALUMA MUNICIPAL.CODE SECTION 8.36.120
FOR EACH WAGE, IIOUR,COLLECTIVE BARGAINING, WORKPLACE SAFELY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE,COMPLAINT,CITATION,AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION`I3Y ANY REGULATORY AGENCY OR COURT, INCLUDING.BUT NOT LIMITED TO THE
• CALIFORNIA DEPARTMENT OF FAIREMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMEN b INDUSCRIAI. RELA'T'IONS (LABOR
COMMISSIONER).ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
• AFFECTS YOU AS A PROSPEC'T'IVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANYCITY OF PETALUMA AND/OR PEPALUMA.COMMUNITY
DEVELOPMENT COMMISSION-FUNDED AGREEMENT OR BENEFIT SUI3JECI'rO PETALUMA
MUNICIPAL CODE CHAPTER.8 36(LIVING WAGE ORDINANCE),AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN [HE TEN YEARS,IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS:ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE,THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING,THE SUBJECT'1MATTER AND Till: MANNER OF RESOLUTION, IF
ANY,FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE"NONE":
ATTACH ADDITIONAL PAGES IENEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected 'iesolution, if known:.
Page'13 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(IManage#1638697.2 (March 2013)
38
Attachment 3
ELLIS CREEK WATER RECYCLING FACILITY
HEADWORKS SCREEN UPGRADE AND
PERFORMANCE OPTIMIZATION PROJECTS
PROJECT NUMBER C66501305 & 066501306
LOCATION MAP
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