HomeMy WebLinkAboutResolution 2013-113 N.C.S. 7/15/2013Resolution No. 2013-113 N.C.S. of the City of Petaluma, California AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT TO KENNEDYMENKS 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 the headworks 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 chosen based on their proposal, interview, reputation, and experience in design of municipal waste water treatment facilities; and, WHEREAS, Kennedy/Jenks's ability to produce superior quality work on complex engineering projects has been demonstrated with over 95 years of engineering, design and assessment for Northern California municipalities; and, WHEREAS, staff recommends the City execute a professional services agreement with Kennedy/Jenks for engineering and design and services for the Headworks 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 City Manager to sign the attached Professional Services Agreement for engineering and design services with Kennedy/Jenks in support of the Headworks Screen Upgrade and the Performance Optimization Projects at the Ellis Creek Water Recycling Facility in the amount not to exceed $592,620.00. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby cerlify the. foregoing Resolution was introduced and adopted by the Council ofthc City of Petaluma at Regular meeting on the 15"' day of July, 2013. by the following vote: AYES: Vice Mayor Albertson, Barrett, Mayor Glass, Harris, Healy, Kearney. Miller NOES: None ABSENT: None ABSTAIN: None //�� e yA1 > ATTEST: u III-/ City Clerk '7 �e2�.�a `-M�yor City to Resolution No.2013-113 N.C.S. Page 1 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Eneineerina and Design Services for the Headworks Screen Upgrade and the Performance Optimization Projects at the Ellis Creek Water Recycling 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 Cost Center 66999 Object Code 541.10 Project # 66501305-30300 Amount $149,655 FY Fund # Cost Center _ Object Code Project # Amount $ FY Fund # Cost Center _ Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into and effective as of , 20 (`Effective Date"), by and between the City of Petaluma, a 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 consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $592,620 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be, paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.eov) and has obtained a currently valid Petaluma business tax certificate. Resolution No. 2013-113 N.C.S. Page 2 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2013, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independentcapacityand as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to Resolution No. 2013-113 N.C.S. Page 3 inspection and approval by the City. The inspection of such work shall not relieve Consultant 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. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may; at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements; of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with Resolution No. 2013-1 13 N.C.S. Page 4 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.16, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (IS) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit C shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 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 other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or Resolution No. 2013-1 13 N.C.S. Page 5 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707)778-4360 Fax: (707)778-4554 Email: cityclerk@ci.petaluma.ca.us And: Dan St. John. F. ASCE —Director. Dent. PW&U Department of Public Works and Utilities 202 N. McDowell Blvd. Petaluma, CA 94954 Phone: (707) 778-4546 Fax: (707)778-4508 Email: dstjohnkci.petal uma.ca.us Consultant: Craig W. Lichty, P.E., Vice President Kennedy/Jenks Consultants 200 Fourth Street, Suite 210 Santa Rosa CA, 95401 Phone: (707)526-1064 x1302 Fax: Email: CLichty n 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 ofCity and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 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, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. Resolution No. 2013-113 N.C.S. Page 6 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in amatter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., " B-1, " "B-2, " "B-3. " or "B-4. " 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 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. Resolution No. 2013-1 13 N.C.S. Page 7 27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager; City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records, and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. Resolution No. 2013-1 13 N.C.S. Page 8 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 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, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONSULTAN By City Manager Name e� ATTEST: I/i,fe / re'sIAA 2� Title 20or n sal 5�; zl v City Clerk Address p APPROVED AS TO FORM: -54n% l�os� OA- IS�7 j City State Zip (?4—Z�7©07 City Attorney Taxpayer I.D. Number APPROVED: T)e n X� n Cr Petaluma Business Tax Certificate Number Department Director APPROVED: Risk Manager APPROVED: Finance Director file name: s'\CIP\W W\C66501305 EC Amesment 2013 ResolutionNo. 2013-1 13 N.C.S. Page 9 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 to 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 services 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 of issues as initial assessments are completed and the City's needs are be more fully identified. 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 subsequently defined 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 is operating 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 of work 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 - Project Management and Quality Assurance/Quality Control Program The On Call Support Services includes a budget for anticipated work in several areas that could include one or more of the following: written deliverables for the Initial Liquid and Resolution No. 2013-113 N.C.S. Page 10 Solids Process Assessments, City Council communications 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 of minor 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 8.0 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 services and construction. The roles and responsibilities of each party are defined herein. With respect to construction services, the City will 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 Submittal review period and prior to the commencement of preparing Final Contract Documents for the Headworks Screen Upgrade Project. A contract amendment for engineering services during construction will be provided by the City. • Some work tasks may be performed for the City on an "as -requested" basis. These tasks will be clearly defined in the scope of work and the associated budget will be closely managed by the City and Consultant. Consultant will advise the City of the budget status (spent/remaining) for any as -needed service with each monthly invoice for services. • The Consultant will study, evaluate and design the project, based partly on information provided by the City and other consultants who 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 and correct to the best of Consultant's knowledge. General Services Provided by Consultant • The Consultant will manage the scope of services, 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 Resolution No. 2013-113 N.C.S. Page 1 I documents and general conditions. Final deliverables will 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 PIA - Process Audit Perform Process Audit - The process audit will include an off -site review of data and information (requested under subsequent tasks P2 and P3) provide a multi -day on -site evaluation of unit processes. Consultant team members will include, at a minimum, a Certified Grade V Operator, I&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 workshop will be conducted with plant operations staff to discuss the evaluation and findings and what issues/considerations will be carried forward into the subsequent liquid and solids process evaluations. The purpose of the 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. An interim 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 improve treatment performance, increase dissolved oxygen, reduce/control algae, mosquitoes and muskrats. A Draft 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 P1.2. Subtask 131.2 - Energy Audit Perform Energy Audit - The energy audit will consist of both an off -site review of data and an on -site evaluation. Prior to the on -site audit, we will review any previous energy audits, energy 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, a Certified Energy Manager and Resolution No. 2013-113 N.C.S. Page 12 &C/Electrical Engineer. After the on -site audit we will complete a detailed analysis of the identified major pieces of equipment by calculating 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 opportunities for energy savings. The EEMs will 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 EEMs to implement, and develop a plan on how to implement the EEMs. A Draft and Final TM will be provided that incorporates the City's written review comments. A review meeting to discuss the Draft TM is included. Task P2 - Liquid Process 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 assessment includes an initial evaluation of existing operational constraints that are negatively affecting 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 not included at this time. This assessment builds upon the process/energy audit performed under the prior subtask, and also includes the development and 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 under this task. This information will be requested in advance of performing the process/energy audit under Task P1. Review Local Limits Report and NPDES Permit: Consultant will review the existing Local Limits Report and NPDES permit to fully understand the current regulations, pollutants of concern and how these may impact and shape the assessment. A meeting will be conducted with the Regional Board Staff to discuss -the evaluation and gain an understanding of any future considerations that may be relevant to the assessment. Data/Information Request and Review: 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, it will be reviewed and analyzed. 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 duration of sampling at each location. Sampling and testing will be conducted by the City. The City will provide test results compiled in Resolution No. 2013-1 13 N.C.S. Page 13 an Excel spreadsheet. Consultant will analyze the data and follow-up with the City should any clarification be required or if any ambiguities are observed in the results. Subtask P2.2 - Develop Calibrated Process Model Consultant will develop and calibrate a process model of the existing biological and solids separation processes (liquid and solids streams) at the facility to serve as a basis for evaluating current capacity and the benefit of proposed 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 for use under this task, if it is a more efficient way to complete work under this subtask. To simplify 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 Model: 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 using average annual and maximum month flow and loading conditions. Calibration will include examining and, if necessary, adjusting input parameters such as wastewater fractions 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 separately under a future task) to serve as a basis for evaluating current capacity, any identified capacity enhancement, and the benefits of proposed improvements. 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 modeled through 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 Resolution No. 2013-1 13 N.C.S. Page 14 Consultant will conduct a workshop with the City to discuss the biological process and hydraulic model calibrations and resolve ambiguities between the model and the actual performance and operating data. The one day workshop will be attended 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 targeted flow and loading conditions stated 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 of discussions with Regional Board Staff. Capacity Determination: Consultant will perform steady-state process model runs under targeted average annual and maximum month flow 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 permit and Local Limits to verify compliance. If the process model 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 Local Limits 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 will run process model scenarios at the targeted average annual and maximum month flow and load conditions with addition of medium strength waste. The predicted performance will be compared with the NPDES permit and Local Limits report to verify compliance. 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: Consultant will use the results of the model runs above to identify hydraulic and process related constraints in the liquid process stream preventing reaching the targeted flow and load conditions (excluding the recycled water system, oxidation ponds and wetlands, which are 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 historical operating 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 Resolution No. 2013-113 N.C.S. Page 15 minimum, it will include the past three years of operating data. The City will provide historical operating data in an Excel spreadsheet, with other information (e.g., equipment cut -sheets, O&M records) in PDF format. Upon receipt of the information, it will 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 duration of sampling at each location. Sampling and testing will be conducted by the City. The City will provide test results compiled in an Excel spreadsheet. Consultant will analyze the data and 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 Handle Current and Potential Future Solids Loadings This task will assess the capacity of existing solids facilities to handle various combinations 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 (not including duplication of acid phased digestion). A market assessment of high -strength waste streams is not included, but may be provided for under On Call Support Services. Identify Solids Loading Scenarios: 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 Wastewater Loading from 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 -strength waste to liquid stream. • Option 4 - New High -Strength Industrial loading — 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 Loading Scenarios - Consultant will evaluate the hydraulic and solids loading capacity for the existing facilities and potential doubling of 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. Resolution No. 2013-113 N.C.S. Page 16 Subtask P3.3 — Co -Digestion Pilot Study Using High -Strength Waste This task will assess the digestibility, gas production potential and impacts on dewatering efficiency of up 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 for waste 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 waste and identification 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 Resolution No. 2013-1 13 N.C.S. Page 17 openings (1/4-inch nominal) to increase the percentage of non -biodegradable solids removed at the headworks. Suitability of the following screen technologies will be examined 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 of design that will be carried forward to prepare contract documents for construction. • Contract Document Phase — preparation of plans and specifications for construction after City approval of the Basis of Design. • Bid Phase — limited engineering assistance between the bid advertisement and construction contract award. • Construction Phase —engineering assistance during construction will be negotiated and provided for under an amendment to this agreement. Given that the scope of work is limited to replacing the screens, the planned drawing and specifications lists do not include any civil site 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 screer 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 the existing headworks screens. Design objectives for the screens will also be established at this time. Deliverables: • Kickoff meeting minutes Subtask D1.2 - Evaluate Applicable Screen Technologies The following screen technologies will be evaluated for suitability: • Perforated Plate Rotary Drum Screen • Step Screen Resolution No. 2013-1 13 N.C.S. Page 18 • 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 maintenance requirements • 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 01.3 — Draft Basis -of -Design Technical Memorandum (TM) The basis of design for the new screens will be documented 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: C (1) review meeting Subtask D1.4 - QAIQC Resolution No. 2013-113 N.C.S. Page 19 The draft basis of design TM will be reviewed in accordance with Consultant's standard procedures. No meetings or deliverables 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 basis of 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 Design 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 C E-4: Area Plan • E-5: Plan View • E-6: Elevations C E-7Schedules and Details C 1-1: Legend C 1-2:.P&ID — Headworks (prior Contract Drawing 01 N01 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: • General Requirements (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 Controls Resolution No.2013-113 N.C.S. Page20 Task D2 - 50% Design Submittal The 50% submittal will be based on the 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 Photos • M-3: Deck Plan • M-5: Sections • E-2: One -Line Diagram — Demolition • E-3: One -Line Diagram — Improvement • E-5: Plan View C 1-2: P&ID — Headworks (prior Contract Drawing 01 N01 with edits) • 1-3: P&ID — Headworks (prior Contract Drawing 01 NO2 with edits) Subtask D2.2 - 50%Specifications • Table of contents • Division 1 (General Requirements) • Screen Equipment Subtask D2.3 — 50% Cost Estimate Consultant will update the engineer's estimate of probable construction costs (estimate) Subtask D2.4 - Meetings & Site Visits • (1) site visit to EC VVVVTP (1) Review workshop with City after 50% submittal Deliverables • 50% Drawings, specifications and estimate • Meeting minutes from 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 D3.1 — 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. Resolution No. 2013-113 N.C.S. Page 21 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 planned for this subtask Deliverables: • 90% Drawings, specifications and cost estimate • Meeting minutes from 90% review workshop Task D4 - Final Bid Documents Final bid documents will be prepared and submitted to the City for reproduction and advertisement, and distribution for construction bids. 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 Edit 90% cost estimate to incorporate City's 90% review comments. Deliverables • One unbound set of half-size and full-size reproducible plans C 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 Resolution No. 2013-113 N.C.S. Page 22 Respond to bidders' requests for clarification during the 30-day bid period. Resolution No. 2013-113 N.C.S. Page 23 Subtask 1135.2 — 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: Y Maintain plan -holders list • All advertisement activities • Provide/coordinate all reproduction of bid documents Task PM — Project Management and 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 agreement via a written amendment to scope, schedule, and budget. Task PMA — 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 the entire project team, including subconsultants, and each team members' role and responsibilities, lines of internal and external communications, the overall quality assurance and quality control program, and expectations for adherence to the scope, schedule and budget 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 communications will be to coordinate ongoing work activities, 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 with Consultant'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 Resolution No. 2013-113 N.C.S. Page 24 included in the associated task budget. Also included in this task will be a Concept and Criteria Review (C&CR) Meeting for the overall project with key team members of the project team. The C&CR meeting will be conducted within the first 45 days of work or 15% of budget expended and will be led by the QA/QC 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 — Prepare Monthly 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 the period and the status of the project activities, including any important issues, problems or anticipated problems that may require action 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 assess the 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 Services may 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 or loading scenarios to be evaluated following the Initial Liquids and Solids Process Evaluations • Capital Improvement Planning • Evaluations, hydraulic modeling, market analysis and terminal storage evaluations for the offsite recycled water system • Stakeholder/Industrial Outreach • Market Assessment of Medium Strength and/or High -Strength Waste Sources • Sampling and Testing of Medium and High -Strength 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 related support services Resolution No. 2013-1 13 N.C.S. Page 25 • Tertiary Pilot Study to increase 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 support the RFP or CEQA processes • CEQA Compliance Evaluation of Proposed CIP • Design of minor improvements that 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. Resolution No. 2013-1 13 N.C.S. Page 26 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 Compensation 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 telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate. Rates for 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 receipts taxes, if any, will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective April 25, 2013 through December 31, 2013. After December 31, 2013, invoices will reflect the Schedule of Charges currently in effect. Resolution No. 2013-1 13 N.C.S. Page 27 � o O b_ O O O q W N p O O O p � O N rv� m N C d a X W `9 0 0 o do 0 N t9 N d ti LL a N 0 o m _ d ,Q d LL O a d J �q ry ` � O N r o O 2 0 a d J N Y d f A A 0 m m E E LL LL W W � a �d y V E E N N a N N c m N N d C N N n E T°° m d d N v° d y D N 0 o W 'o E x f m N Q J N0 0N 00 `d-, Z a 9 O 0 a E*E o d a a x u, Y Y Y Y Y Y U N N N N N H H A f 1 1 F O Resolution No. 2013-113 N.C.S. Page 28 INSURANCE REQUIREMENTS EXHIBIT B-2 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve additional months following the Agreement termination or expiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code I (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or Resolution No. 2013-1 13 N.C.S. Page 29 self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City; its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Resolution No. 2013-113 N.C.S. Page 30 EXHIBIT C ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement') between the City of Petaluma ("City") and/or the Petaluma Community Development Commission ("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal. Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, i f any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Pair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the personexecuting this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Resolution No. 2013-113 N.C.S. Page 31 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: C66501305 Date: (Print Name of Covered Entity/Business Capacity) By (Print Name) /s/ (Signature) Its (Title /Capacity of Authorized Signer) Resolution No. 2013-113 N.C.S. Page 32 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, I-IOUR, COLLF.CTIVE.BARGAIN ING, WORK PLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRGNMEN"FAL PROTECTION AGENCY AND/OR NATIONAL. LABOR RELATIONS BOARD, WHICI-I: a AFI:EcLs YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEL" AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND Y HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE I31D, PROPOSAL, SUBMISSION OR REQUE-S'IFOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE. PROVIDE IITE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CI IARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, It: ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": ATFACI-1 ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if known: Resolution No. 2013-113 N.C.S. Page 33