HomeMy WebLinkAboutStaff Report 5.A 4/7/2014(i)
DATE: April 7, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, RASCE — Director, Public Works & Utilities
Leah G. Walker, P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing Award of a Professional Services Agreement for the
Hauling and Disposal or Beneficial Reuse of City Biosolids
It is recommended that the City Council adopt the attached Resolution authorizing a Professional
Services Agreement with Total Waste Systems, a wholly owned subsidiary of The Ratto Group
for the hauling and disposal or beneficial reuse of City biosolids in an amount not to exceed
$2,190,000. The agreement is for a period of three years with an optional extension for two
additional years, based on satisfactory performance.
BACKGROUND
Biosolids, is a term to denote a byproduct of domestic wastewater treatment and was coined in
1991 by the Water Environment Federation to differentiate raw, untreated sewage sludge from
treated and tested sewage sludge that can be beneficially utilized as soil amendment and
fertilizer. During the wastewater treatment process, bacteria and other microorganisms create
biomass by converting components in wastewater into simpler and more stable forms of organic
matter. The biomass and other non-organic matter is settled out of the liquid stream in the
clarifiers to form biosolids. What is not broken down by the bacteria or does not settle into the
biosolids leaves the treatment facility in treated wastewater effluent. Hence, the treatment
process has two main outputs; biosolids and effluent.
The Ellis Creek Water Recycling Facility (ECWRF) is designed to treat 6.7 million gallons of
municipal wastewater on an average dry weather day. Non -nal biosolids are settled out of the
liquid train and stabilized and dewatered in the solids train using an anaerobic digestion process
and mechanical dewatering. The dewatered biosolids are pumped into a water -tight trailer
positioned in a loading bay adjacent to the screw press building. Once full, the trailers are hauled
off-site for disposal or reuse of the biosolids at pre -approved sites.
ECWRF produces approximately 8,400 tons of biosolids annually and has used a contract hauler
and disposer for the past 5 years to truck biosolids from the plant. In anticipation of the disposal
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Agenda ReviC
t
City Attorney Finance Director City Managers—
contract expiring on May 27, 2014; staff initiated a competitive process to select a hauler and
enter into a new agreement.
DISCUSSION
To prevent an interruption of service, the City issued a Request for Proposal (RFP) for the
hauling and reuse or disposal of City biosolids on December 19, 2013, and circulated the RFP to
seven apparently qualified companies. The scope of services is substantially identical to the
scope of services in the current Professional Services Agreement that was approved on June 11,
2009. The services to be provided includes furnishing trailers, haul vehicles and the labor to
bring empty haul trailers to the ECWRF's trailer staging area, and remove loaded trailers from
the staging area or the loading bay, haul the biosolids from the plant, and reuse or dispose of the
biosolids by an approved method.
The City received two responsive proposals from Total Waste Systems and Industrial Carting.
Two other proposals were delivered after the time and date indicated on the RFP and therefore
were returned unopened. The two on-time proposals were evaluated in accordance with criteria
specified in the RFP. Categories used for evaluation included technical proposal and
methodology, qualifications and experience, financial capability, and responsiveness and
reliability. An evaluation matrix was developed using weighted evaluation factors to rank the
two proposals, and phone interviews were conducted with the proposers' municipal clients and
project references. Based on staffs thorough evaluation, the highest rated proposal was
submitted by Total Waste Systems.
The City had a limited response from the RFP solicitation, but both proposals were competitive
in pricing and comparable in services and costs under the current agreement. Total Waste
Systems partnered with HayRoad Landfill to provide 100% beneficial reuse of the City biosolids
as "total daily cover" and material for construction ofbenns. No biosolids would be land filled.
HayRoad Landfill currently receives the City's biosolids as part of the existing agreement. The
City is satisfied with the level of service the landfill has provided over the last five years, and the
quality of service is not expected to change under the proposal submitted by Total Waste
Systems. In addition to keeping HayRoad Landfill as the destination for biosolids (Industrial
Carting proposed to use Redwood Landfill), some distinguishing factors in Total Waste Systems'
proposal included a seven day per week hauling schedule and a two hour response time for
additional or after hours services, as compared to Industrial Carting's proposed five day per
week hauling schedule with flexibility to provide additional hauling when necessary. Total
Waste System's proposal included a commitment to provide commercial food waste to the
ECWRF for anaerobic digestion should the City be interested in developing a food waste to
energy program. The matrix used to evaluate the proposals is attached.
Total Waste Systems will charge $43.32 per wet ton for hauling and the disposal of biosolids,
which is slightly less than the current contract amount of $43.40 per wet ton, and less than
Industrial Carting's proposal of $47.00 per wet ton. The agreement includes an annual price
adjustment based on the U.S. Department of Labor Bureau of Labor Statistics Consumer Price
Index (CPI), and the change in the price per gallon of diesel according to the United States
Govermnent Energy Information Administration (EIA) as was included in the existing
agreement.
Annual costs are dependent on the amount of biosolids produced at the ECWRF. The facility's
current biosolids production is approximately 8,400 wet tons per year, and production during the
five year agreement is estimated to range from 8,000 to 9,000 wet tons per year. The budget for
hauling and the disposal or reuse of biosolids for FY 13/14 is $370,000, and it is estimated that
the annual cost will increase each year based on historical biosolids production trends and
changes to the unit price as defined in the price adjustments terms of the agreement. The unit
price maybe adjusted on July 1 of each year based on changes to the Consumer Price Index
(CPI) and the price of diesel fuel.
Staff recommends award of the professional services agreement for hauling and disposal or reuse
of City biosolids to Total Waste Systems based on level of service, experience and unit price.
FINANCIAL IMPACTS
The agreement is for a period of three years at a projected cost of $1,263,000. The agreement
can be extended for an additional two years, based on satisfactory performance, at an additional
cost of $927,000. Over the five year period through June 30, 2019, the cost shall not exceed
$2,190,000. The total not to exceed amount includes a 5% per year rate increase estimated by
staff based on historical changes to the CPI and price of diesel fuel.
The proposed contract award is essentially "cost neutral" and is budgeted and funded through the
sewer rates collected within the waste water enterprise fund.
ATTACHMENTS
1. Resolution
2. Signed Professional Services Agreement
3. Proposal Evaluation Matrix
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH TOTAL WASTE SYSTEMS FOR
THE HAULING AND BENEFICIAL REUSE OR DISPOSAL OF CITY BIOSOLIDS.
WHEREAS, biosolids production is inherent in the process of wastewater treatment; and
WHEREAS, the City has incorporated technology and systems for appropriate management of
biosolids into the design and operation of the Ellis Creek Water Recycling Facility (ECWRF);
and
WHEREAS, as part of the implementation of a sound management plan for biosolids produced
at the ECWRF, the City intends to continue its existing practice of contracting for hauling and
offsite disposal or reuse of biosolids; and
WHEREAS, the City issued a Request for Proposals for the Hauling and Beneficial Reuse or
Disposal of City Biosolids ("RFP") on December 19, 2013, which was circulated to
professionally qualified fines for responses; and
WHEREAS, the City received two responsive proposals to the RFP; and
WHEREAS, the proposals were reviewed based on criteria listed in the RFP, Section 4.4
Proposal Evaluation Process; and
WHEREAS, Total Waste Systems, a wholly owned subsidiary of The Ratto Group, received the
overall highest ranking based on the City's review of four evaluation categories; technical
proposal and methodology, qualifications and experience, financial capability, and
responsiveness and reliability; and
WHEREAS, City staff has confirmed that the disposal and reuse sites proposed by Total Waste
Systems are existing sites operating with required permits and approvals for the methods and use
proposed;and
WHEREAS, other factors resulting in Total Waste Systems ranking include, but are not limited
to Total Waste Systems competitive unit pricing; positive reviews from references for Total
Waste Systems; Total Waste Systems proposal to use its own drivers and equipment, with less
likelihood of sub -contracting, resulting in greater probable continuity and reliability; and
WHEREAS, the Project consists of the selection of a contract hauler to continue an existing City
activity, and the contractor's proposed disposal and reuse methods employ existing sites which
are penmitted, approved and in use for the methods proposed, the Project does not constitute a
"project" under the California Environmental Quality Act ("CEQA"); see Title 14, Chapter 3,
California Code of Regulations ("CEQA Guidelines"), Sections 15060(c) (2) and 15368.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
1. Approves the Professional Services Agreement included as Attachment 2 for Hauling and
Disposal or Reuse of City Biosolids for a period of three years through June 30, 2017
with an option to renew the agreement at staff discretion for one additional two-year
period up to June 30, 2019 based on satisfactory performance, in a not to exceed amount
of $1,263,000 for the base, 3 -year term and $2,190,000 for the 5 -year term if the option
to renew is exercised.
2. Authorizes the City Manager or his designee to execute said agreement on behalf of the
City of Petaluma, and to execute an amendment to exercise the renewal option.
Attachment 2
PROFESSIONAL. SERVICES AGREEMENT
Hauling and Beneficial Reuse or Disposal of City Biosolids
(Title of Project)
FY 13/14 Fund # 6600 Cost Center 66700 Object Code_ Project 5.1310 Amount $33.000.00
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of '20_ ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and Total Waste Systems, a
("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 $2.190.000.00 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, 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.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFFSSIONAL SERVICES AGREEMENT
(609321)Jm,e 2011 6
For multi-year contracts or contracts with multiple accounts:
FY 14/15
Fund 4, 6600
Cost Center 66700
Object Code
_ Project R 54310
Amount $390_000
FY 15/16
Fund d 6600
Cost Center 66700
Object Code
Project N 54310
Amount $410_000
FY 16/17
Fund 8 6600
Cost Center 66700
Object Code _
Project k 54310
Amount $$430.000
FY 17/18
Fund 6600
Cost Center 66700
Object Code
Project m 54310
Amount $,452.000
FY 18/19
Fund m' 6600
Cost Center 66700
Object Code
_ Project R 54310
Amount $475.000
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 Total Waste Systems, a
("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 $2.190.000.00 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, 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.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFFSSIONAL SERVICES AGREEMENT
(609321)Jm,e 2011 6
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. Terni. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2017, unless sooner terminated in accordance with Section 4. City may, in its
sole discretion, and based on considerations of Consultant's performance under this
Agreement and any other factors the City deems relevant, extend this Agreement for one
additional two-year period up to June 30, 2019, and in a not to exceed amount of
$2,190;000 for such period. 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 die City as
soon as possible, but not later than fourteen (14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall famish 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.
3. 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.
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PROFESSIONAL SERVICES AGREEMEN'r
(609321),Inne 2011 7
9. inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
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. Cont7iet 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 wort: 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 perforin 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.
1?. Assignmentrrransfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
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PROFESSIONAL SERVICES AGREEMENT
(609321) Jmre 201 1 8
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 fill extent applicable, with
the terms and conditions of this Agreement, including but not fi nited 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 filly with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to theta 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.
30. 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;
PROFESSIONAL SERVICES AGREEMENT
(60932 1) J une 2011 9
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Dam St. John. F.ASCE
Director, Public Works & Utilities
202 North McDowell Boulevard
Petaluma, CA 94954
Phone: 707-776-3777
Fax: 707-776-3746
Email: mPierce@ci.yetaluma,ca.us
Consultant: James Salvers. Vice President
'The Ratio Croupffotal Waste Systems
P.O. Box 95402
Santa Rosa, CA 9540')
Phone: 707-765-9995
Fax: 707-765-9998
Email: iamessatyersl c�i.email.com
21. Ownership of Documents. All original papers, documents or computer material on dist:
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
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,
toss, 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
PROFESSIONAL SERVICES AORFENII:NT
(609" 32 June 2011 10
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must tale responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in tiling
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 detined 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-1 attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g„ "B-1 ' "B-' " "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,
0
PROFESSIONAL SERV ICES AGREEMENT
(609321) June 2011 1 1
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. Non -Waiver. Tire City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. `file 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 Ivfanager, 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
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PROFESSIONAL SERVICES AGREEMENT
160932 11 June 2011 12
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
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
City Manager
ATTEST:
City Cleric
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
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PROFESSIONAL SERVICES .AGREEMENT
(669321) JI111C 2011 13
APPENDIX 1: ATTACHMENT A-1
SCOPE OF SERVICES
FOR THE HAULING AND BENEFICIAL REUSE OR DISPOSAL
OT CITY BIOSOLIDS
City of Petaluma
December 19, 2013
Department of Public Works and Utilities
Ellis Creels Water Recycling Facility
3890 Cypress Drive
Petaluma, CA 94954
14
EXHIBIT A
SCOPE OF SERVICES
FOR THE HAULING AND BENEFICIAL REUSE OR DISPOSAL OF CITY BIOSOLIDS
Table of Contents
Section I General Conditions and Reouirements
1.1
Definitions
12
Qualifications
1.3
General Limitations and Requirements
1.4
ECWRF Access and Traffic Control
1.5
CONSULTANTS's Representative
1.6
Noise Abatement
1.7
Safety Requirements
1.8
Restoration of Existing Facilities
Section 2 Specific Requirements for Services
2.1 Description of Services
12 Location of Treatment Facility
2.3 List of Services
2.4. Submittals
2.5 Wastewater Solids Removal
2.6 Compensation, Invoicing, and Payment
2.7 Adjustment to Compensation
Attachments
Attachment A-1 Services Cost Schedule
Attachment A-2 Schedule for Liquidated Damages
SAEnvi,annenlal Ser\'ICCSBIOSolid5�City Council'.Cily Council- Biosolids 2044+15iuselid5 Srope 2014 -PSA Final.doc SCOPE OF SERVICES
DECEMBER 2013
15
SECTION 1 GENERAL CONDITIONS AND REQUIREMENTS
1.1 DEFINITIONS
Whenever used in this Scope of Services, the following terms have the meanings indicated in this
Section and meanings are applicable to both the singular and plural thereof. IF a word which is
entirely in upper case in these definitions is found in lower case this Scope of Services, then the
lower case word will have its ordinary meaning.
Agreement - The Professional Services Agreement including associated exhibits, the Scope of
Services (all required certificates, affidavits and other documentation), amendments to the
Agreement, executed between the CITY and the CONSULTANT covering the Services to be
performed.
Agronomist — An expert in soil management and field -crop production with at least 5 -years
experience in calculating biosolids application rates in agriculture using at a minimum: site
information including soil and crop type, plant -available nitrogen provided by other sources than
biosolids, estimated amount of plant -available nitrogen needed from biosolids, collected data
from the biosolids, estimated plant -available nitrogen per Dry Ton of Biosolids, estimate
inorganic nitrogen retained, estimate Organic nitrogen mineralized, calculation of agronomic
biosolids application rates, and verification that actual biosolids land application rates for all
nutrients and pollutants in the field comply with approved and reported values, and with
=--regulations.
Amendment - A document, which is signed by the CONSULTANT and the CITY, and
authorizes an addition, deletion, or revision of the Scope of Services, or an adjustment in the
compensation for services or the Schedule of Services, issued on or after the Effective Date of
the Agreement.
Biosolids - Municipal wastewater sewage sludge that has been treated and tested and shown to
be capable of being beneficially and legally used as a soil amendment for agriculture,
silviculture, horticulture, and land reclamation activities as specified under 40 CFR 503.
Calendar Day — A calendar day of 24 hours measured from midnight to the next midnight.
CITY- The City of Petaluma or a designated representative of the City of Petaluma.
CONSULTANT or CONTRACTOR - The individual, partnership, corporation, joint -venture,
or other legal entity with whom the CITY has executed the Agreement.
Deficiency — Where the CONSULTANT has been found to be in violation of the Agreement
requirements, ECWRF operations or safety requirements, or local, state, or federal laws or
regulations applicable to the Services.
Disposal Site - means the location where any final treatment, utilization, processing, or deposit
of wastewater solids occurs. This term includes, but is not limited to, landfills and incinerators.
ECWRF - Ellis Creels Water Recycling Facility, the CITY's new wastewater treatment plant
located at 3890 Cypress Drive, Petaluma, CA 94954 and the adjacent oxidation pond site.
SCOPE OF SERVICES
December 2013
Irr
Haul Vehicle - means any truck, trailer, semi -trailer, tractor/trailer combination or any self-
propelled or motor -driven vehicle used on any public highway for the purpose of transporting
wastewater solids for reuse, processing, or disposal.
Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 U_S.C. Section 6906) as amended from time to time
and shall mean any material that is subject to the Hazardous Waste Manifest Requirements of the
U.S. Environmental Protection Agency specified in 40 CFR Part 262.
Invoice - The form accepted by the CITY which is to be used by the CONSULTANT to request
monthly payments For services and which is to be accompanied by such supporting
documentations as are requested by the CITY or required by the Agreement.
Land Application — The beneficial reuse of biosolids by the application as a soil amendment at
permitted agricultural sites in conformance with all applicable laws and regulations.
Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes, and/or
orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
NOD, Notice of Deficiency — An official notice issued by the CITY to the CONSULTANT for a
deficiency in providing the Services described in this Agreement.
Processing — To prepare, treat, or convert through some special method.
Processing Site — Any plant or site used for the purpose of sorting, cleansing, treating or
converting materials for the purpose of making such material available for reuse.
Project Plan — A biosolids management and operations plan that fully describes the operations
involved with providing the Services to the CITY of transporting, staging, storing, treating, and
reusing or disposing of the CITY's biosolids.
Reuse - means to handle, transform, process, or remanufacture materials into beneficial, usable,
or marketable materials for use other than landfill disposal or incineration as a waste.
Subcontractor - An individual, partnership, corporation, joint -venture, or other legal entity
having a direct contract with the CONSULTANT or with any other subcontractor for the
performance of a part of the Services in accordance with the requirements of this Agreement.
Trailer Staging Area — refers to an area used to pari: empty and loaded biosolids haul trailers at
the ECWRF site in order to shuttle empty trailers to and loaded trailers from the loading bay at
the Screw Press Building. The Area is used to stage trailers loaded with biosolids prior to
removal from the site.
Too (or Tonnage) — means a unit of measure for weight equivalent to two thousand (2,000)
standard pounds where each pound is sixteen (16) ounces.
Trailer, .Haul Trailer - means an end dump semi -trailer with special equipment legally used for
the purpose of staging or transporting wastewater solids on any public highway in the State.
Trailers must be water -tight end -dump semi trailers with covers suitable for transporting
biosolids. Trailers must be furnished with permanent plastic trailer bed liners for loading at the
EC WRF to ensure trailers dump efficiently and prevent spills.
Truck, Haul Truck - means a tandem axle semi truck tractor legally used for the purpose of
transporting a haul trailer loaded with wastewater solids at gross combined weight of 80,000 lb.
on any public highway in the State.
SCOPE OF SERVICES
December 2013
17
Work - Performance of Services as described in this Agreement.
Working Day - Any day except Saturdays, Sundays and CITY holidays.
1.2 QUALIFICATIONS
A. The CONSULTANT shall have at least three (3) years of recent experience and
financial capability to provide full services managing and executing similar agreements
for wastewater solids removal and reuse or disposal projects. The CONSULTANT
shall have experience providing reliable service and effective residuals management
utilizing permitting, transporting, and beneficial reuse and disposal technologies. The
CONSULTANT shall supply comprehensive information regarding its qualifications
and recent experience completing similar services agreements, its financial and
bonding capabilities, and experience in biosolids and residuals management for CITY
review and acceptance.
B. CONSULTANT'S haul truck drivers providing Services to the CITY shall have at
least three years of commercial over -the -road experience driving semi -trucks similar to
the haul vehicles and shall have had no misdemeanor moving violations or preventable
accidents for beginning one year prior to the Agreement term and throughout the
Agreement term in either commercial or personal vehicles.
C. If biosolids reuse is by agricultural land application, the CONSULTANT shall enlist
the services of an Agronomist with at least 5 years of experience conducting similar
work calculating biosolids application rates, crop nutrient requirements and uptake
rates, nutrient and pollutant loading on fields, and providing verification that approved
biosolids application rates were followed in the field. The CONSULTANT shall
supply information regarding qualifications and experience of the Agronomist for
CITY review and acceptance.
1.3 GENERAL LIMITATIONS AND REQUIREMENTS
A. The successrul CONSULTANT shall obtain a business license from the City of
Petaluma prior to contract execution. Processing of a business license takes
approximately ten business clays. The CONSULTANT shall apply for a business
license no later than Live calendar days following the Award of the Agreement.
B. The CONSULTANT shall be responsible for the protection from its activities of public
and private property at and adjacent to the site and the reuse/disposal site(s), and shall
exercise due caution to avoid damage to such property. The CONSULTANT shall
repair or replace all existing improvements that are damaged or removed as a result of
its operations, at no cost to the CITY. If CONSULTANT fails to make any repair or
replacement when required by the CITY, the CITY may in addition to all other
available remedies, repair or replace or have repaired or replaced the damaged or
removed improvements and deduct the cost from amounts due or that may become due
to CONSULTANT under (lie Agreement.
C. The ECWRF is an operating municipal wastewater treatment plant and the
CONSULTANT shall coordinate all Services defined in this Scope of Services that
SCOPE OF SERVICES
December 2013
IE
occur at the ECWRF site with the CITY and the CITY's other contractors and service
providers and shall not in any way impede or impair the operations of the treatment
plant or other work at the site.
D. All vehicles utilized by the CONSULTANT in the performance of this Contract shall
be kept in a clean, operable, and 'safe condition acceptable to the CITY at all times and
vehicles and drivers shall present a respectable image to the community.
1.4 ECWRF ACCESS AND TRAFFIC CONTROL
A. CONSULTANT's haul vehicles shall enter and exit only at the designated entrance
gate to the ECWRF. The site plan for the ECWRF is shown on drawings included
with this Scope of Services as Attachment A-4.
B. The speed limit on the ECWRF shall be five (5) miles per hour maximum for all
vehicles. On the ECWRF site the CONSULTANT's haul vehicles shall be limited to
designated roadways and shall follow haul routes designated by the CITY.
C. The CONSULTANT shall take all necessary steps to minimize inconvenience to the
treatment plant operations and the general public throughout the performance of
Services for this Agreement. No public or treatment plant driveways, fire lanes, or
roads shall be blocked by CONSULTANT's vehicles and safe access shall be
maintained for treatment plant operations and the general public at all times.
D. The CONSULTANT may not use the CITY's ECWRF for repairs or storage of
equipment and supplies.
1.5 CONSULTANT'S REPRESENTATIVE
A. The CONSULTANT shall designate in writing before starting work an authorized
representative who shall have the authority to represent and act for the
CONSULTANT for the duration of the contract. Any change in the designation shall
require prior review and acceptance by the CITY.
B. When the CONSULTANT is comprised of two or more persons, firms, partnerships or
corporations functioning on a joint venture basis, said CONSULTANT shall designate
in writing before starting work, the name of one authorized representative who shall
have the authority to represent and act for the CONSULTANT.
C. In the case of urgency or emergency where the CONSULTANT'S authorized
representative is not present on any particular part of the work and where the CITY
wishes to give notification or direction, it will be given to and be obeyed by any of the
CONSULTANT's workers in the area.
1.6 NOISE ABATEMENT
A. Operations shall be performed so as to minimize unnecessary noise. Noise levels due
to performing Services shall not exceed the levels specified by ECWRF standard
operating procedures or local ordinance, whichever are lower.
4 SCOPE OF SERVICES
December 2013 19
B. Internal combustion engines shall be equipped with a muffler of a type recommended
by the manufacturer. No internal combustion engine shall be operated without said
muffler.
1.7 SAFETY REQUIUMENTS
A. The CONSULTANT shall comply with all CAL/OSHA, Department of Transportation
and all other applicable safety requirements. It shall be the CONSULTANT'S sole
responsibility for malting sure that these safety requirements are met and the
CONSULTANT shall fully assume all liabilities for any damages and/or injuries
resulting from its failure to comply with the safety requirements. Failure on the
CITY'S part to stop unsafe practices shall, in no way, relieve the CONSULTANT of
its responsibility.
B. The CONSULTANT shall inform all workers of the hazards and safety procedures
associated with handling biosolids, wastewater solids, and working at a wastewater
treatment facility where raw wastewater, wastewater biosolids, hazardous chemicals,
and other hazards may be present. The CONSULTANT shall be responsible for
directing all its workers and subcontractors to strictly adhere to the approved methods
for safely conducting work at a wastewater treatment plant and associated with
handling wastewater solids. No wort shall proceed until each CONSULTANT worker
and subcontractor understands the scope of the work and all safety rules and work
procedures to be followed. The CONSULTANT shall not allow a new employee or
new subcontractor to begin any work on CITY projects without a full and proper safety
orientation. The CONSULTANT shall take all necessary precautions for the safety of
and shall provide the necessary protection to prevent damage, injury, or loss to the
following:
I. All persons at the Site and other persons and organizations who may be
affected thereby.
2. All of the Services and materials and equipment to be used to perform the
Services as described herein, whether on or off the Site
3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, and utilities not designated for
removal, relocation, or replacement in the course of the performance of the
Services.
C. The CONSULTANT shall inform all workers that the ECWRF is a wastewater
treatment facility and each worker shall review ECWRF site safety procedures and
shall sign a contractor safety checklist prior to commencement of any work at the
treatment plant as required by the CITY.
D. The CONSULTANT shall notify the CITY within one hour of any reportable accident,
injury, or occupational illness occurring during the performance of Services for this
Agreement or occurring to the CONSULTANf's workers while at the ECWRF.
5 SCOPE OF SERVICES
December 2013 20
1.8 RESTORATION OF EXISTING FACILITIES
A. Whenever existing :facilities/improvements such as pavements, berms, roads, signs,
curbs, or other improvements, have been damaged by the CONSULTANT'S operation,
such facilities/improvements shall be restored/repaired to their original conditions as
required by the CITY. All costs involved in restoring existing facilities/improvements
shall be born by the CONSULTANT and no additional compensation will be allowed
therefore.
SCOPE OF SERVICES
December 2013
21
SECTION 2 SPECIFIC REQUIREMENT'S FOR SERVICES
2.1 DESCRIPTION OF SERVICES
A. General
The CONSULTANT shall furnish the necessary resources for hauling and beneficial
reuse or disposal of the City's wastewater biosolids produced at the wastewater treatment
plant called the Ellis Creek Water Recycling Facility (ECWRF).
B. Wastewater Treatment Facility Operations
The ECWRF is designed to treat 6.7 million gallons per day (average dry weather flow)
of municipal wastewater from the City of Petaluma. During nomlal operations, the
ECWRF will stabilize and dewater biosolids using the following treatment processes:
headworks equipment for screening and grit removal; oxidation ditches for aerobic
treatment; and mesophilic anaerobic digestion. Digested sludge is stored in a sludge
storage tank prior to dewatering by a low -speed rotary screw press, and transferred by a
progressive cavity pump to distribution piping with automatic flow control valves into
haul trailer pre -positioned in a loading bay adjacent to the Screw Press Building. The
loaded trailer will be shuttled to the Trailer Staging Area by the City using a City -owned
semi -truck tractor (Yard Mule) or hauled from the ECWRF site by the CONSULTANT.
C. Biosolids Hauling
The CONSULTANT will furnish the trailers, the haul vehicles and labor to bring empty
haul trailers to the ECWRF' s Trailer Staging Area, and remove loaded trailers from the
Trailer Staging Area or the loading bay, haul the biosolids from the ECWRF on public
roads, and reuse or dispose of the biosolids by an approved method.
D. Beneficial Reuse or Disposal
The CONSULTANT' shall reuse or dispose of the biosolids by a method meeting all
regulatory requirements and the approval of the CITY. The City requires at least 50
percent by weight of the total biosolids hauled from the ECWRF by the CONSULTANT
each year to be reused by some accepted method, as opposed to landfilled as a waste.
E. Wastewater Solids Estimated Quantity
During normal operation of the ECWRF dewatering process, the production of
dewatered biosolids is estimated to be in the range of five hundred fifty (550)
wet tons to seven hundred fifty (750) wet tons per month.
The ECWRF dewatering process normally operates on a regular schedule and
produces dewatered biosolids seven (7) days per week. Dewatered biosolids
shall be removed from the ECWRF on a regular schedule. Fully loaded and
partially loaded trailers shall be removed as directed by CITY staff, and the
biosolids hauling schedule shall not restrict the production of biosolids.
SCOPE OF SERVICES
December 2013
3. During special operational circumstances such as treatment process upset, the
ECWRF may produce unclassified wastewater solids that are not fully
stabilized or that do not meet the quality or monitoring requirements of Class
"B" biosolids as defined herein in Section 2.5 C and as required for land
application by all federal, state, and local laws and regulations. The CITY may
require that Consultant haul and dispose of unclassified wastewater solids
produced during special operational circumstances at the ECWRF. The
quantity of unclassified wastewater solids that the ECWRF may produce during
special operational circumstances is estimated to be in the range of zero (0) wet
tons to seven hundred fifty (750) wet tons per month.
2.2 LOCATION OF TREATMENTFACILITY
A. The biosolids will be generated at and removed from the CITY's wastewater treatment
plant, the Ellis Creek Water Recycling Facility (ECWRF). The ECWRF is located at
3890 Cypress Drive, Petaluma, CA 94954. The ECWRF is adjacent to and west of
Lakeville Highway (State Highway 116) approximately two miles south of the
intersection of Lakeville Highway and State Highway 101, in Petaluma, Sonoma
County, California, 94954. See Attachment A-4 to this Scope of Services, for maps,
figures, and drawings showing the general location of the ECWRF and access roads.
B. The biosolids loading bay and trailer staging area are at the ECWRF in the vicinity of
Building 17, the Screw Press Building, as shown in Attachment A-4 to this Scope of
Services. Access and egress to Building 17 and Trailer Staging Area at the ECWRF
site shall be by routes designated by the City.
2.3 LIST OF SERVICES
The Services to be performed by the CONSULTANT under this Agreement are expected to
include the following:
A. The Services include, but are not limited to furnishing all labor, materials, equipment,
and maintenance required for hauling and beneficial reuse, further processing, or
disposal of biosolids or other unclassified wastewater solids generated by the CITY's
ECWRF commencing after Agreement negotiations and award and issuance of the
Notice to Proceed.
B. The Services include providing approved biosolids reuse or disposal methods such as
land application under the guidance of Agronomist, composting process, reuse as
landfill alternative daily cover, disposal in a landfill as a waste, or other disposal
method.
C. The Services include coordinating with the CITY to bring CONSULTANT owned
empty trailers to, and remove loaded trailers from, the ECWRF on a regular schedule,
approximately live (5) days to seven (7) days per week except under special
circumstances and when the City authorizes a modification to the regular removal
schedule. The hauling schedule shall be flexible, allowing the CITY to add or subtract
loads as required. The CITY must approve any permanent schedule change.
D. The Services include providing additional hauling and reuse or disposal services if the
CITY requires additional wastewater solids removal, such as might be caused by
3 SCOPE OF SERVICES
December 2013
23
special operational circumstances, high inflow volumes, or process or equipment
problems. In such event, the CITY reserves the right to require the CONSULTANT to
perform additional hauling and reuse or disposal services, bring empty trailers to and
remove loaded trailers from the ECWRF, upon 13 -hour prior notice by the CITY.
E. The Services include providing equipment and drivers that have current registration
and licensing required to transport biosolids. Drivers may have had no misdemeanor
moving violations beginning one year prior to the Agreement term and throughout the
Agreement term.
F. The Services include furnishing and maintaining at least three (3) water -tight end -
dump semi trailers with covers suitable for transporting biosolids at the ECWRF for
the CITY to use during dewatering to load, shuttle, and stage biosolids. The
CONSULTANT shall ensure that the CITY has the optimum number of trailers for
efficient operations, and shall provide additional trailers as required.
G. The Services include that the CONSULTANT's drivers inspect the trailer and load;
reposition the load; clean the trailer exterior and tires of all loose wastewater solids;
inspect, deploy, and secure the trailer cover prior to hauling a loaded trailer from the
ECWRF or shuttling a trailer to the Trailer Staging Area. It shall be the responsibility
of the CONSULTANT's drivers to ensure that the trailer tarp cover is correctly tied
down and properly secured on trailers that they transport from the Site.
H. The Services include that the CONSULTANT's drivers un -tarp all empty trailers
arriving at the Site, except as approved otherwise by the CITY, such as during rainfall
events.
1. The Services include furnishing permanent plastic trailer bed liners for loading at the
ECWRF as required and as approved by the CITY to ensure trailers dump efficiently
and to prevent spills.
.l. The Services include coordinating the schedule and biosolids removal in accordance
with the ECWRF dewatering and loading schedule to limit staging time of loaded
trailers to forty eight (43) hours, except as approved otherwise by [lie CITY.
K. The Services include coordinating the schedule to bring empty trailers and remove
loaded trailer(s) from the ECWRF between approximately 7:00 A.M. and 4:00 P.M,
unless another operating schedule for the Services is approved by the CITY.
L. The Services include the CONSULTANT's drivers checking -in at the ECWRF
Operations Office, logging -in and receiving direction for placement of the empty
trailer transported to the Site, receiving direction regarding the loaded trailer to be
transported from the Site, and filling out the manifest for the trailer load to be hauled.
A final manifest must be provided that includes the weight of each load to the CITY.
M. The Services include, but is not limited to, obtaining all permits, authorizations, and
exemptions, paying all fees, and complying with all federal, state and local laws and
regulations, permits, codes ordinances, and requirements For wastewater biosolids
handling, transportation, and reuse or disposal.
9 SCOPE OF SERVICES
December 2013
24
N. The Services include responsibility for complying with all laws and regulations for
monitoring, recordkeeping, and reporting requirements for biosolids land application,
composting, or any other reuse processing or disposal options.
O. The Services include submitting a copy to the CITY of regulatory permitting,
approvals, monitoring reports, laboratory reports, annual processing and land
application reports, or other documentation of any project related activities performed
by the CONSULTANT as are specified in the Agreement or when requested by the
CITY.
P. The Services include furnishing other materials and equipment or providing other
services required to complete the Services as described in this Scope of Services.
2.4 SUBMITTALS
A. The CONSULTANT shall submit to the CITY for review in the time specified or in
ample time for each to serve its purpose such schedules, requests, invoices, reports, test
results, permits, and other information as are specified in the Agreement or reasonably
required for execution, monitoring, or control of the CONSULTANf's Services.
B. Submittal List
1. Proof of a current City of Petaluma Business License
2. For each calendar year, a Project Plan for review and acceptance by the CITY
describing the proposed means of solids hauling, primary reuse or disposal
options, and alternative reuse and disposal options and other required Plan
information. The initial Project Plan shall be submitted within ten (10)
working days after the Notice to Proceed, Subsequent Project Plans with
updates including changes to operations plans, contact information, primary
and alternative reuse and disposal options shall be submitted by February I of
each year.
3. A monthly biosolids report identifying the total wastewater solids hauled,
processed, reused, or disposed, and any proposed Plan changes shall be
submitted each month.
4. Written designation of the CONSULTANT's representative. Communication
and emergency contact information including Email addresses, cell phone
numbers and emergency phone numbers for all CONSULTANT and CITY
personnel responsible for providing and managing the hauling and reuse or
disposal Services, within ten (10) working days after [lie Notice to Proceed and
again after information updates.
5. A Traffic Plan and a Spill Response and Prevention Plan for wastewater solids
removal, including spill response, notification, and reporting procedures if
wastewater solids are accidentally spilled on-site or spill off site such as on
public roadways shall be submitted within ten (10) working days after the
Notice to Proceed. An updated plan shall be submitted whenever information
is updated in these plans and annually no later than February 1 of each year.
The Spill Response and Prevention Plan shall address prevention of spills or
10 SCOPE OF SERVICES
December 2013
25
leakage, especially during rainstorm events. The Plan shall include, but shall
not be limited to, all information required by late and shall include the
following:
a. A description of all regular routes to be used for hauling, and emergency
alternate routes.
b. Emergency contact information and notification procedures.
c. Personal protective equipment requirements.
d. Response instructions for a spill occurring onsite.
e. Response instructions for a spill occurring during biosolids transport.
f Description of spill equipment to be maintained in each haul vehicle
g. Response instructions for emergency storage or disposal given a storage or
processing facility failure.
h. Response instructions if hazardous or other unauthorized material is found in
load.
6. Permits, approvals, exemptions, authorizations, licenses, reports and
certifications applicable to the Services and updates of any these documents
that are revised or renewed during the duration of the Agreement, within thirty
(30) days of a written request.
7. Manifest information for each load of wastewater solids transported from the
treatment plant shall be provided to the ECWRF operations staff before a
loaded trailer is hauled from the ECWRF.
8. Invoice for payment including an invoice summary.
9. Annual report of total wastewater solids hauled, processed, reused, or disposed,
including nutrient and metals loading for land application and all other detailed
information to the CITY as required by regulation in an summary report to be
included in the CITY's annual biosolids report to regulators, annually by
February 1 for all biosolids handled in the preceding calendar year.
10. Copies of laboratory reports for all laboratory testing conducted on the CITY's
biosolids by the CONSULTANT, within thirty (30) days of report date.
C. A Project Plan
L The Project Plan shall include type, size, capacity, and number of the
equipment that are proposed to be used, dimensions and type of trailers to be
used, and days and times of pick up and of return of haul containers to the
ECWRF.
2. The Project Plan shall include an example or the format and describe the
procedure to be used for producing monthly trailer haul logs. The haul log
shall include date, departure time from plant, cake ticket number (if applicable),
origin of biosolids, trip destination, trailer license number, truck license
number, trucking subcontractor (if applicable) driver's name, gross, tare, and
load weights and weight ticket number.
1 1 SCOPE OF SERVICES
December 2013
26
3. The Project Plan shall include a map depicting haul routes and a list identifying
all required hauling permits and approvals.
4. The Project Plan shall identify the emergency storage or disposal options that
are to be used in the event that the preferred disposal method is interrupted for
any reason.
5. The Project Plan shall provide information on each reuse, process, or disposal
option to be used and the associated each reuse, process, or disposal site.
6. For land application, the Plan shall specify vector attraction reduction options,
application site location(s) and map, significant environmental features,
identify site monitoring, identify property owner and operator and lease
agreements. Describe site history, and provide the projected site capacity by
the Agronomist including application rates, training by the Agronomist for site
personnel, and verification by the Agronomist that application rates were
followed. If the site(s) is to be leased for beneficial reuse of wastewater solids,
provide authorization by owners.
7. The Plan shall include copies of all permits and approvals required for the
proposed handling, hauling, reuse/disposal methods(s), including but not
limited to RWQCB (Regional Water Quality Control Board) waste discharge
permits and requirements, solid waste facility permits and agreements,
conditional land use permits, waste disposal exemptions from all federal, state,
and local agencies having jurisdiction.
8. The Plan shall include a typical example of the CONSULTANT's monthly
invoice. The monthly invoice example shall include a typical monthly trailer
haul log and weight ticket.
2.5 WASTEWATER SOLIDS REMOVAL
A. General
1. The CONSULTANT shall maintain compliance with applicable requirements
of all federal, state and local laws and regulatory agencies having jurisdiction
over the Services covered under this Agreement, including, but not limited to
the regulatory requirements in effect as of the commencement of this
Agreement. Requirements applicable to the Services include, but are not
limited to, the following:
a. RWQCB NPDES Final Order No. R2 -2011-000J, NPDES Permit No.
CA0037810 (San Francisco Regional Water Quality Control Board, National
Pollutant Discharge Elimination System Permit for City of Petaluma)
12 SCOPE OF SERVICES
December 2013
27
b. SWRCB General Order (California State Water Resources Control Board
Order No. 2004-0012-DWQ-General Waste Discharge Requirements for the
Discharge of Wastewater solids to Land for Use as a Soil Amendment in
Agricultural, Silvicultural, Horticultural, and Land Reclamation Activities)
c. EPA's Wastewater Solids Rule 40 CFR 503 (Environmental Protection
Agency Standards for the Use and Disposal of Sewage Sludge, 'Title 40 of the
Code of Federal Regulations, Part 503)
d. Local waste disposal and wastewater solids land application requirements for
the reuse and disposal sites.
2. The CONSULTANT must possess and maintain in effect for the duration of
this contract all necessary regulatory approvals, permits, licenses and
certifications required to haul and reuse/dispose of the wastewater solids.
3. The CONSULTANT shall submit an annual report of total waste handled and
reused or disposed, including total solids hauled, reuse and/or disposal site
information, nutrient and metals loading for land application, and other
information required by regulation and by the CITY for the CITY's annual
biosolids report to the regulators. The report information shall be provided in
Excel spreadsheet compatible format. The Consultant shall complete and
include with its report the City's annual report template forms in Excel format
for reuse or disposal of biosolids listing regulated concentrations of all
regulated chemicals and biosolids characteristics and the land application site
details and application rates for each land application site. Consultant shall
enlist the expertise of a Soil Agronomist to calculate application rates and
provide expertise in report preparation.
4. The CONSULTANT shall submit original receipts (i.e. weight tickets) obtained
from the weight station and/or final disposal site which shall verify the
quantities of CITY's biosolids and wastewater solids being reused or disposed.
Weight Tickets shall be submitted daily for the prior day's work. Weight
tickets shall have as a minimum the following information:
a. Weight Ticket/Receipt Number
b. Cake Ticket Number (if applicable)
c. Name of Hauler
d. Trailer License Number
e. Customer Name or identification number
f Source
g. Date
h. Time
i. Gross, tare, and net weight
J. Signature of weigh station attendant
5. The CONSULTANT shall submit a biosolids report monthly that shall include
receipts, manifests, and a trailer load log for all wastewater solids hauled,
organized in chronological order showing date, trailer number, gross and tare
haul vehicle weights and net load weights with weight ticket number,
13 SCOPE OF SERVICES
December 1-013
28
destination sites, and other load information. Monthly reports also shall
include a status report regarding Agreement requirements and any proposed
Project Plan changes for CITY review and acceptance. If biosolids reuse is by
agricultural land application, the monthly report shall also include site
application rates and supporting data with calculations by Agronomist; training
records from the Agronomist, verification certifications by the Agronomist that
site application was done properly.
6. The CITY reserves the right to inspect and observe all aspects of the
CONSULTANT's activities relating to the hauling, transportation, reuse or
disposal, safety training or record keeping of the CITY's wastewater solids
including access to all land application sites, storage facilities, composting
facilities, or other reuse, processing, or disposal sites without prior notice or the
CONSULTANT's knowledge.
7. The CONSULTANT shall notify the CITY as soon as possible but no later than
twenty four (24) hours should a local, state or federal regulatory agency find
the CONSULTANT in violation of laws or regulations of its permit(s). The
CONSULTANT shall provide details on how it plans to correct or mitigate the
violation. Failure to notify the CITY within the indicated time frame may
result in the CITY exercising its right to treat such non performance as an event
for which the CONSULTANT agrees to pay liquidated damages.
S. The CONSULTANT shall notify the CITY within one (1) hour of any
reportable accident or spill occurring during the performance of Services for
this Agreement.
B. Loading, Staging and Hauling Equipment
1. Haid Trailers
a. CONSULTANT shall furnish steel or aluminum body end dump, water -tight,
equipped with permanent plastic bed liners, semi -trailers in near -new
condition with sturdy easily deployed covers suitable for loading, staging, and
hauling biosolids over State highways. Trailers shall have a minimum volume
capacity of 42 cubic yards, a minimum length of 36 ft. and a maximum length
of 40 feet. The trailers shall easily fit into the loading bay as shown on the
drawing in Attachment A-4 so as to be loaded simultaneously by all three
pumped outlets without adjusting trailer position. Trailers shall be Travis
Classic Frameless trailers, or approved equal.
b. Haul trailers shall comply with Department oFTransportation requirements for
the transportation of biosolids over State Highways.
c. The CONSULTANT shall ensure that the CITY has the optimum number of
trailers for efficient operations, shall provide a minimum of three (3) trailers at
the ECWRF at all times, and shall provide additional trailers as required.
Trailers shall be maintained by the CONSULTANT. If a trailer is identified
by the City as being deficient or difficult to load, tarp, or shuttle, that trailer
shall not be used for the work and shall be removed from the Site by the
CONSULTANT within five (5) calendar days and replaced.
14 SCOPE or SERVICES
December 2013
29
2. CONSULTANT may propose the installation and use of additional equipment
at the ECWRF to facilitate loading, staging, or hauling of biosolids in the
CONSULTANT's trailers such as equipment to control odors, vectors, or
rainwater provided the equipment and installation is reviewed and approved by
the CITY. If the equipment and installation is approved by the CITY, the
CONSULTANT shall pay all costs of furnishing and installing the equipment
at no additional expense to the CITY.
C. Wastewater Solids Quality
1. The CITY ECWRF will create biosolids treated for pathogen and vector attraction
reduction and will monitor dewatered biosolids with regular laboratory testing as
required to ensure that, at a minimum, the CITY's biosolids have the following
characteristics:
a. Are classified as Class B Biosolids meeting vector attraction reduction and
pollution ceiling concentration limits for the nine regulated metals of EPA 40
CFR 503 and pathogen reduction standards specified in EPA 40 CFR
503.32(b)
b. Do not constitute a hazardous waste as defined by Chapter 11, Division 4.5,
Title 22 of the California Code of Regulations
c. Are suitable for reuse in a composting process or for land application
d. Average between 15 percent and 90 percent total solids by weight, on an
average monthly basis
e. Do not contain any radioactive isotopes at levels regulated under applicable
law
2. Under special circumstances, the City may require that the CONSULTANT
load, haul, and reuse or dispose of unclassified wastewater solids. Unclassified
wastewater solids have not been filly characterized and have not achieved the
40 CFR 503 regulations Class B designation for pathogen reduction or VAR
(Vector Attraction Reduction) requirements. The CITY's unclassified
wastewater solids will have, at a minimum, the following characteristics:
a. Comply with pollutant ceiling concentration limits for the nine regulated
metals of 40 CFR 503 regulations
b. Do not constitute a hazardous waste as defined by Chapter 11, Division 4.5,
Tide 22 of the California Code of Regulations
c. Average between 12 percent and 90 percent total solids by weight, on an
average monthly basis
d. Do not contain any radioactive isotopes at levels regulated under applicable
law.
3. The CITY will monitor biosolids treatment processes and conduct regular
biosolids 40 CFR 503 pollutant concentration testing as required to classify
ECWRF biosolids as Class B Biosolids suitable for reuse during the term of the
Agreement. The CITY will make its independent test results available and will
provide review and authorization of NANI (Notice of Necessary Information)
for ECWRF biosolids to the CONSULTANT as required to assist the
15 SCOPE OF SERVICES
December 2013
30
CONSULTANT to obtain and maintain reuse, processing, or disposal
permitting.
4. The CITY's existing monitoring program includes testing samples of
dewatered wastewater solids from the ECWRF for constituents including
metals and priority pollutants as required to meet stringent landfill waste
acceptance criteria. The wastewater solids quality reports from the years 2012
and 2013 are included in this Scope of Services in Attachment A-3, for
information only.
5. The CONSULTANT shall be responsible, at its expense, for meeting all
monitoring and reporting requirements imposed by all regulatory agencies
having jurisdiction over CONSULTANT operations. All wastewater solids
sampling, laboratory analyses, or characterization that the CONSULTANT may
require for permit acquisition, regulatory compliance, wastewater solids reuse,
land application, processing, landfill waste acceptance, or other disposal option
shall be the responsibility of the CONSULTANT and shall be conducted at no
additional cost to the CITY. The City is under no obligation to adapt its
sampling schedule to suit the monitoring requirements of the CONSULTANT.
The CONSULTANT may use data from the biosolids samples independently
collected and analyzed by the City or may conduct its own independent
monitoring as required. The CONSULTANT shall provide the CITY with
copies of all sampling information including sample chain of custodies,
certified laboratory reports, and summarized test results for all analytical
testing involving the CITY's wastewater solids.
6. The CITY makes no representation that the classified biosolids or unclassified
wastewater solids produced by the ECWRF will have a particular viscosity,
characteristic, or quality except as identified herein.
D. Wastewater Solids Removal
I. The wastewater biosolids shall be loaded, transported, stored, and reused or
disposed within the time limits and according to the required procedures of the
ECWRF, as identified in wastewater solids regulations, and as described herein
in order to limit the possibilities for creating odors, attracting vectors, or
creating a health hazard or nuisance.
2. The CONSULTANT shall provide labor and equipment to transport the
wastewater solids to an approved offsite location using personnel qualified to
operate the transport vehicles.
3. The CONSULTANT's haul vehicles and drivers to be used for the Services
shall have the permits and licenses required by regulations including pennitting
for hauling wastewater solids in every jurisdiction along all proposed haul
routes.
4. The CONSULTANT's labor and biosolids haul truck drivers at the ECWRF
site shall be courteous and neat and clean in appearance and shall have
sufficient proficiency in English speaking skills to communicate clearly and
understand verbal and written directions given by the ECWRF operations staff
and as required to perform Services for the CITY.
16 SCOPE OP SERVICES
December 2013
31
5. During normal operations, ECWRF operators will shuttle trailers to and from
the Trailer Staging Area and the loading bay as the dewatering process dictates.
Periodically, the CONSULTANT's drivers shall be required to provide
shuttling services. ECWRF operators will identify exactly which trailers need
to be moved and where they need to be moved. The shuttling of trailers by the
CONSULTANT's drivers shall be limited to pulling one full load from the
loading bay and positioning one empty trailer into the bay.
6. The CONSULTANT's drivers shall be responsible for inspecting the exterior
of all vehicles used for transporting the CITY's wastewater solids and shall
clean off any loose material or wastewater solids prior to transporting
equipment to or from the ECWRF site or as directed by the CITY. The CITY
will provide a cleaning station located at the ECWRF with utilities where the
exterior of haul vehicles may be cleaned of loose material.
7. The CONSULTANT shall be responsible for all federal, state, and local
regulatory requirements for the lawful transport and unloading of biosolids.
The CONSULTANT shall not exceed the gross road, bridge, or highway
weight allowances in pounds when loaded, based on the length of the truck,
number of axles or 80,000 lbs., whichever is lower.
8. The CONSULTANT shall be responsible to provide training to all its drivers
on CITY policies and procedures and the approved Spill Prevention and
Response Plan and shall ensure that all haul vehicles used for CITY biosolids
contain the approved Spill Prevention and Response Plan and spill cleanup
equipment.
9. The CONSULTANT's drivers shall be subject to regular testing by CITY
personnel for knowledge of CITY policies and procedures, and the spill
prevention and response plan. Non-compliance with plant policies or lack of
training and preparedness of the CONSULTANT's drivers may result in tate
CITY issuing the CONSULTANT a NOD.
10. Empty trailers transported to the ECWRF shall be logged -in and plinked at the
Trailer Staging Area or positioned in the biosolids loading bay or placed at
another onsite location as directed by ECWRF operations staff. Loaded trailers
shall be manifested, inspected, and hauled from the Trailer Staging Area or
from the biosolids loading bay or other onsite location as directed by ECWRF
operations staff.
11. At any time, the CITY may inspect haul vehicles or request for review copies
of driving licenses, registrations, driving record, onboard spill response and
safety equipment, or may interview the CONSULTANT's drivers. If the CITY
identifies that a haul vehicle or driver violates CITY, local state or federal laws,
regulations or policies, or do not meet the requirements of the Agreement the
CITY may issue the CONSULTANT a NOD (Notice of Deficiency). The
CONSULTANT'S haul vehicle or driver may be required to stop providing
Services to the CITY when issued a NOD until the deficiency has been
corrected and the vehicle or driver has received and passed re -inspection.
17 SCOPE OF SERVICES
December 2013
32
12. All haul trailers shall have a vehicle license number and the CONSULTANT
shall use the trailer vehicle license number as an identification number on all
weight tickets and load logs.
13. No payment will be made by the CITY for wastewater solids transported from
the ECWRF if the CONSULTANT's drivers do not check in with the
operations staff upon arrival at the Site or if the manifest for the loaded trailer
is not completed before the load is transported from the Site, unless other
procedures are approved by the City.
14. The CTTY will notify the CONSULTANT's authorized representative at least
18 hours in advance that the Services of hauling of biosolids is not required on
a particular day.
15. The CONSULTANT shall be responsible for reporting within one hour to the
regulatory agencies having jurisdiction and to the CITY's designated
emergency contact person the occurrence of any reportable spill of wastewater
solids while being transported or at the reuse or disposal site or any reportable
accident involving it vehicle carrying the City's wastewater solids. Failure to
immediately report a spill of wastewater solids or an accident may be subject to
liquidated damages in accordance with Attachment A-2.
16. The CONSULTANT shall be responsible for the cleanup of all spills of
wastewater solids while being transported or at the reuse or disposal site to the
satisfaction of the regulators and the CITY. In the event of undue delay, the
CITY may authorize its staff or any third party to perform required cleanup
tasks. The CONSULTANT shall be responsible for paying all costs to clean up
a spill as required mid shall pay all fines and penalties assessed by regulatory
agencies because of the spill.
E. Wastewater Solids Reuse or Disposal
1. The CONSULTANT shall submit evidence annually and upon request that its
reuse, processing, or disposal sites are approved by the California
Environmental Protection Agency (EPA), State Water Resources Control
Board, California Department of Resources Recycling and Recovery
(CalRecycle), Regional Water Quality Control Board, or other agency having
jurisdiction, and by local enforcement agencies with discretionary authority.
The CONSULTANT shall submit to the CITY all regulatory approvals and
other permitting documents to show the sites are compliant with all laws and
regulations that govern the site(s).
2. If biosolids reuse is by agricultural land application, the CONSULTANT shall
use transportation and land application procedures that conform to the good
management practices defined in the "CWEA (California Water Environment
Association) Manual of Good Practice: Agricultural Laud Application of
Biosolids." 1998 edition.
3. The reuse or disposal site(s) shall have a monitoring program approved by the
appropriate regulatory agencies for monitoring cltaracteristics of the wastewater
solids and the site. The CONSULTANT shall assume all responsibility and
18 SCOPE OF SERVICES
December 2013
33
costs for the site-tonitoring program and shall provide CITY with a copy of all
site monitoring reports within 30 days upon written request from the CITY.
4, The CONSULTANT shall perform and produce all monitoring and reporting
data forms and reports and shall pay all fees and costs as required to comply
with the requirements of regulatory agencies having jurisdiction over the
transportation, and reuse, processing, or disposal of the CITY's wastewater
solids. Copies of any report involving the CITY's wastewater solids shall be
provided to the CITY.
5. Biosol ids shall become property of the CONSULTANT upon being unloaded at
a composting or processing reuse site pursuant to this Agreement.
2.6 COMPENSATION, INVOICING. AND PAYMENT
A. Measurement and Payment
1. For and in consideration of the Set -vices performed by the CONSULTANT as
described in this Agreement, the CONSULTANT shall invoice the CITY and
the CITY shall compensate the CONSULTANT pursuant to Section 2.6.A.2,
including the hauling and reuse or disposal of biosolids and unclassified
wastewater solids, except as noted in Sections 2.6 C "Liquidated Damages and
Non-performance", and 2.7 "Adjustment to Compensation", and as otherwise
agreed to in writing by both parties. The CONSULTANT agrees that the
compensation specified herein includes all of its overhead, capital costs, permit
fees, reporting fees, verification and training fees, and represents all costs to
haul and reuse or dispose of the wastewater solids including but not limited to
furnishing all labor, equipment, materials, vehicles, fees, maintenance,
insurance, testing, permitting, monitoring, and reporting as described herein.
No other expenses or costs associated with the PROJECT may be invoiced to
the City.
2. The CONSULTANT's costs to the CITY for hauling, reuse or disposal of the
CITY's biosolids or unclassified wastewater solids shall be based upon the
actual quantity of classified biosolids and unclassified wastewater solids hauled
and reused or disposed legally during the billing period on a unit cost basis of
dollars per wet ton ($/WT). The unit cost(s) per wet ton shall be as shown in
the schedule set forth in Attachment A -I included hereto and incorporated
herein.
3. Measurement and payment for classified biosolids and wastewater solids
removal shall be on a wet weight basis per standard ton (2,000 lbs.) of
wastewater solids removed from the ECWIZF and properly reused or disposed.
Wet weight shall mean the as -is weight of the dewatered wastewater biosolids
or unclassified solids.
4. The CONSULTANT shall be responsible for determining the total wet tonnage
of wastewater solids transported offsite to reuse/disposal. 1'he tare weight and
loaded gross weight of each truck shall be individually weighed for each trip.
The CONSULTANT shall provide the CITY with certified weight tickets
issued by a landfill disposal facility or a certified public weigh station for the
19 SCOPE OF SERVICES
December 2013
34
total wet tolmage of dewatered wastewater solids hauled and reused or
disposed.
S. Regardless of the Agreement basis total wet tons, the CONSULTANT shall
haul and reuse or dispose of the amount of biosolids and unclassified
wastewater solids as required by the CITY unless directed otherwise by the
CITY. All payments shall be for the actual wet tons transported and reused or
disposed, whether the total be greater or less than the Agreement basis total wet
tons amount.
B. The CONSULTANT shall submit invoices for payment on a monthly basis that shall
include an invoice summary, a load log summary for all wastewater solids hauled,
certified receipts (i.e. weight tickets) for all loads hauled from weigh stations and/or
reuse or disposal sites, and any other information required to substantiate invoices. At
the CITY's request, the CONSULTANT shall submit the complete invoice as a digital
file with data tables as spreadsheets in Microsoft Excel compatible format for the
CITY's review. The CITY will process the approved invoice after satisfactory review
of the payment request, and supporting documents.
C. Liquidated Damages and Non-performance
1. The CITY and the CONSULTANT find that as of the time of the execution of
this Agreement, it is impractical, if not impossible, to reasonably ascertain the
extent of damages which shall be incurred by the City as a result of a breach by
the CONSULTANT of its obligations under this Agreement. The factors
relating to the impracticality of ascertaining damages include, but are not
limited to, the fact that:
a. Substantial damage may result to the CITY from impairment to its wastewater
program due to non -conforming Services.
b. Substitute performance for non -conforming Agreement Services may be
available at substantially higher cost than the Agreement Services and the
monetary loss resulting from delay in obtaining substitute Services is
impossible to calculate in precise monetary terms.
c. The termination of this Agreement for such breaches, and other remedies may,
at best, be a means of future correction and not necessarily a remedy that
makes the CITY whole for past breaches.
CITY and the CONSULTANT recognize that if the CONSULTANT fails to
perform the Services as required, the CITY will suffer damages and that it is, and
will be impractical and extremely difficult to ascertain and determine the exact
amount of damages which the CITY will suffer. Therefore, without prejudice to
the CITY's right to treat such non-performance as an event of default, the CITY
and the CONSULTANT agree in accordance with California Government Code
Section 53069.85 that the following liquidated damage amounts represent a
reasonable estimate of the amount of such damages considering all of the
circuunstances existing on the effective date of this Agreement, including the
range of harm to the CITY that reasonably could be anticipated and the
anticipation that proof of actual damages would be costly or impractical.
20 SCOPE OF SERVICES
December 2013
35
2. CITY may determine the occurrence of events giving rise to Liquidated
Damages through the observation of its own employees or representatives or
investigation of complaints by regulatory agencies, land owners, or the public.
3. Liquidated Damages will typically be deducted from CONSULTANT invoices
by the CITY within 30 calendar days of the date the Liquidated Damages are
assessed.
4. CONSULTANT agrees to pay (as Liquidated Damages and not as a penalty)
the amounts set forth in the Schedule of Liquidated Damages, included as
Attachment A-2 of this Scope of Services. Such damages as set forth in the
Schedule of Liquidated Damages are milestones for use in assessing the
Liquidated Damages for failure to timely perform certain aspects of the
Services.
5. The City may assess Liquidated Damages for failure to timely perform the
Services in accordance with Attachment A-2, subject to the same annual
adjustments, as are specified in Section 2.7 Adjustment to Compensation.
2.7 ADJUSTMENT TO COMPENSATION
A. The unit costs shall be adjusted on July I of each year for Services provided on or after
July 1 of that year. No adjustments shall be made until July 1, 2015, unless agreed to
in writing by both parties. The adjustment to compensation shall be as follows:
The unit costs for biosolids and unclassified wastewater solids as shown in the
schedule set forth in Attachment A-1 shall be increased or decreased by the
change as measured by change to the U.S. Department of Labor Bureau of
Labor Statistics All Urban Consumer Price Index — San Francisco Bay Area
(CPI) for the annual percent change based on data for the month of June for the
preceding twelve (12) months. The unit costs shall be adjusted by ninety (90)
percent of the CPI change during that period except that the adjustment in any
one-year shall not exceed five (5) percent during that period. The adjusted rate
shall be rounded to the nearest $.05.
2. The unit costs for biosolids and unclassified wastewater solids as shown in the
schedule set forth in Attachment A -I shall be increased or decreased by $0.01
for every $0.01 change in the price per gallon of diesel according to the
California diesel fuel price as identified in the United States Government
Energy Information Administration (EIA) diesel fuel price index identified as
the "Weekly Retail On -Highway Diesel Prices". The diesel price on January 6'
2014, shall be the basis for the initial compensation adjustment effective July 1,
2015, and the adjustment shall be the difference in price from January 6, 2014
to the price of diesel the first week of June 2015. Subsequent annual
adjustments shall be the difference in the price per gallon of diesel from the
first week in June of the current year to the preceding year. The adjusted rate
shall be rounded to the nearest $.05. The index is available on the Internet
website http://tonto.eia.doe.gov/oag/info/wohdp/diesel.asp.
21 SCOPE OF SERVICES
December 2013
36
3. After the first three-year Term of the Agreement, Consultant may make a
separate and independent rate adjustment request not more often than once
every twelve months to recover in future years, increases other than the normal
operating, maintenance and repair costs that shall be considered part of the
annual adjustment. Such request shall be limited to items such as surcharges,
taxes or other charges directly related to biosolids disposal or reuse as imposed
by government or regulatory agencies, or costs associated with complying with
regulations that are imposed after the proposal date and were unknown and
reasonably could not have been known to be future charges at the time of
submitting its proposal. Any such rate adjustments that are approved will be
prospective only. City will evaluate each rate adjustment request. City may
request, and Consultant shall provide, such additional information as
determined by City to be needed to properly evaluate a rate adjustment request.
Failure to submit requested information shall be a basis for rejecting a rate
adjustment request.
B. The average monthly quantities and schedule of production of biosolids and
unclassified wastewater solids to be transported and reused or disposed that are given
in this Scope of Services are approximate only, being given as a basis for the
comparison of costs. The actual average monthly quantities may vary from the
quantity provided herein. No adjustments to the compensation provided in the
Agreement shall be made therefore except as noted in this Scope of Services.
END OF
SCOPE OF SERVICES
22 SCOPE Of SERVICES
December 2013
37
ATTACHMENT A -I
SCOPE OF SERVICES
FOR THE HAULING AND BENEFICIAL REUSE OR DISPOSAL OF CITY BIOSOLIDS
SERVICES COST SCHEDULE
For the full performance of services set forth in the Scope of Services as described herein, the
CITY shall compensate CONSULTANT using the following unit costs. No other expenses or
costs associated with the Services may be invoiced to the City, except as noted in Sections 2.6
"Compensation, Invoicing, And. Payment" and 2.7 "Adjustment to Compensation", and as
otherwise agreed to in writing by both parties:
Wet Tons Per Calendar Month Unit Cost S/Wet Ton Unit Cost Written in Words
Biosolids:
Q to 549 $43.32 Forty-three dollars 32 cents
550 to 750 $az a2 Fnrt�t-}hrpp rinllarc.12 rpntc
Greater than 750 $43.32 Forty-three dollars 32 cents
assified Wastewater Solids
0 to 549 $53.77 Fifty-three dollars 77 cents
550 to 750 -$53--7-7-- Fafty<ibcee dnlIpm 77 rpnts
Greater than 750 $53.77 Fifyt-three dollars 77 cents
Rgge 1 ort'
ATTACHMENT A -I SERVICES COST SCHEDULE
December20.13
38
ATTACHMENT A-2
SCHEDULE FOR LIQUIDATED DAMAGES
Consultant may be assessed Liquidated Damages if Consultant fails to timely perform Services
listed in this Attachment in accordance with the terms and conditions of the Agreement.
No.
Description
Amount
I.
Failure to Maintain Continuous Reliable Service. For failure to
$400/ Day
provide equipment or personnel required to provide continuous reliable
performance of the Services defined in the Agreement.
3
Notification of Spill: Failure to notify the CITY or other authority(s)
$l000/
having jurisdiction within the first hour alter the occurrence that a
Each Hour
reportable accident or spill has occurred involving performance of the
Delay
Services provided to the City under this Agreement.
Notification of Regulatory Violation: Failure of the CONSULTANT
$500/ Day
to report to the CITY any violation of federal, state, or local laws, or
Delay in
regulatory requirement associated with the hauling and reuse or
Notification
disposal of biosolids or the Services identified in the Agreement.
In placing Designee's signature and date at the place provided, each party specifically confirms
the accuracy of the statements made above and the fact that each party has had ample
opportunity to consult with legal counsel and obtain an explanation of liquidated damage
provisions of the time that the Agreement was made.
Consultant .. q1-1 City
.,I
Date: Date
Paue I of I A'I-rACHMENT A-2 SCHEDULE OF LIQUIDATED DAMAGES
December 2013 39
INSURANCE REQUIREMENTS
EXHIBIT B-1
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.
A. Minimum Scope of insurance
Coverage shall be at least as broad as:
I. 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. 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:
L 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. Such other insurance coverages and limits as tray 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
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.
Exhibit B-1
Page I of 2
INSURANCE REQUIREMENTS (City)
(609723) April 2010 40
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 rafi ig of no less than
ANIL
II.
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 [lie
City before the Services commence.
Exhibit B -I
Page 2 of 2
INSURANCE REQUIREMENTS (City)
(60932) A,612010 41
EXHIBIT C
ACICNOWLEDGEIVI , NT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 3.36
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 finding
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 finding
or financial benefits (`covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
® Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSTIA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National
Labor Relations Board, which have been tiled or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma ]Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints; Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
11638697,2) Nov 2012
42
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract LD:
Ali,d, I —I -3-1 Date:
(Print Nalne of Covered Entity/Business s Capac ty)
3
/s/
Its ; U'
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGENIENI'
AND CERTIFICATION
(1638697,2) Nov 2012
43
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYNIFNT 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:
o AFFECTS YOU ASA PROSPECTIVE CON'T'RACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPI`-tEN'I' COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECTTO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE: ORDINANCE), AND
® IIAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TFN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH'THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, -]-HE REGULATORY AGENCY OR COURT MAKING THE CHARGE.
COMPLAINT, CITATION OR FINDING, THE SUBJECT NIATTER AND THE. MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCI-1 CHARGE COMPLAINT, CI'T'ATION OR FINDING.
IF NONE, PLEASE STATE "NONE"
ATTACH ADDITIONAL PAGES IF A
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638691.2) Nov 2012
44
Attachment 3
City of Petaluma
Request for Proposal RFP Hauling and Beneficial Reuse or Disposal of City Biosolids
Table 1: Proposal Evaluation Matrix
No. Proposal Evaluation Criteria
WeightFIndustrial
arting
Rano
Group
1.
Technical Proposal and Methodology
25%
Effectiveness in illustrating a complete
biosolids reuse or disposal PROJECT.
8
6
7
Etc moment and technology proposed
6 _�
5
5
Reuse and disposal options
6
( 5
( 5
Minimization of technical and
environmental risks
5
4
4
Subtotal
25
20
21
0
0
0
( 0
2.
Qualifications and Experience
25%
Qualifications and experience of the
proposal team.
10
8
8
Previous experience Nvidr operation of
biosolids management projects and
10
7
8
Transportation, process and application
equipment to perform the Work.
5
4
4
_
_
_
Subtotal
25
19
20
0
0
0
0
31
Financial
25%
(Unit costs biosolids & Wastewater solids
17
11
14
(Financial strength of Proposer
4
3
4
Bonding Capacity and Insurability.
4
3
4
Subtotal
25
17
_
_ 22
0
( 0
0
0
4.1
Responsiveness & Reliability
25%
( _
_
Reliability of proposed PROJECT to meet
requirements of CITY.
10
7
9
Proposed hauling schedule
10
6
7 _
Proposed contingency plans
Subtotal
5
25
5
18
5
21
0
0
0EE
0
Evaluation Percentage Total
100
74
I 84
I 0
0
0
0
45