HomeMy WebLinkAboutStaff Report 4.D 06/01/2015DATE: June 1, 2015
Agenda Item #4,D
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan t. �' SCE — Director, Public Works and Utilities
Leah G: er, P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with RMC Water and Environment for Assistance with National
Pollutant Discharge Elimination System Permit Reissuance for the Ellis Creek
Water Recycling Facility
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the City
Manager to execute a Professional Services Agreement (PSA) with RMC Water and
Environment for Assistance with National Pollutant Discharge Elimination System ( NPDES)
Permit Reissuance for the Ellis Creels Water Recycling Facility.
BACKGROUND
The City's Ellis Creels Water Recycling Facility (ECWRF) has been in operation since early
2009. Each wastewater treatment facility that discharges to surface water must have an NPDES
permit issued by the Regional Water Quality Control Board (Regional Board). The City's current
permit was adopted by the Regional Board on January 12, 2011 by Order Number R2 -2011-
0003. NPDES permits must be reissued every five years; the permit for ECWRF (CA0037810)
will expire February 28, 2016.
At least 180 days prior to the permit expiration, the City must submit a "Report of Waste
Discharge" to the Regional Board. This report is equivalent to a permit application. After receipt
of the discharge report the Regional Board will review and analyze the submittal and prepare a
Tentative Order. The City will review and comment on the Tentative Order and negotiate with
the Regional Board as necessary on the terms and conditions before the final order is adopted.
DISCUSSION
The Regional Board has notified the City of particular items to be addressed in the Report of
Waste Discharge. These include:
• Justification for continued exception to Basin Plan Discharge Prohibition 1, which prohibits
most discharges without a minimum initial dilution of at least 10:1. The City's current permit
prohibits discharges to the Petaluma River from May 1 to October 20, with no requirement
for dilution.
• Submission of priority pollutant monitoring data collected since the effective date of the
existing permit, including tributyltin, ammonia, dioxins and furans. The data will be used to
determine the maximum effluent concentration for each monitored pollutant and the
coefficient of variation.
• Review of all data submitted within the last five years to ensure that it represents discharge
conditions and meets quality assurance / quality control standards for data validation.
• Documentation supporting any site - specific translators to be used in lieu of California Toxics
Rule default translators for copper, nickel, and other metals. Confirm that any previous site -
specific translators are still appropriate. (Translators are used to convert dissolved metals
objectives into total metals criteria for purposes of effluent limit calculations.)
• Review of influent cyanide data and consider collecting more data if it would help to define a
"significant cyanide discharge" for purposes of Cyanide Action Plan compliance.
• Review of effluent and ambient background data (e.g., for copper, cyanide, total ammonia,
and other pollutants) to determine whether effluent limits will likely be necessary, and if so,
an estimate of the effluent limits.
• Determination whether compliance with the anticipated effluent limits will be feasible, and if
not, proposal of strategies to either comply with them or justify different limits.
• Identification of any recent or planned process or operational changes to determine if
monitoring data is appropriate for use in the reasonable potential analyses.
Given the complexity and detailed data and analysis involved in the preparation of the Report of
Waste Discharge, most municipalities, including the City, use consultants to assist in the
preparation of the report. The City must respond to questions from the Regional Board staff, and
review and comment on the Tentative Order. The assistance of consultants is particularly
beneficial in the review of the Tentative Order and subsequent negotiations with the Regional
Board.
RMC Water and Environment has significant expertise in permitting of wastewater treatment
facilities. Their team has the expertise to address the City's needs, and is based nearby in Walnut
Creek. Current clients for similar work include Fairfield- Suisun Sewer District, Napa Sanitation
District, City of American Canyon and Novato Sanitary District. RMC Consultants, have an
intimate knowledge of the ECWRF. RMC provided permit assistance services to the City during
the last permit reissuance process in 2010 -2011, and conducted a Local Limits study for ECWRF
in 2012. RMC staff are very familiar with the City's NPDES permit, the permit requirements for
multiple agencies throughout the North Bay, and the regulators at the San Francisco Bay Water
Quality Control Board.
By assisting with the reissuance of the permit for the Ellis Creels Water Recycling Facility, the
execution of a PSA with RMC Consultants assists in meeting the Council Goal: "Focus Attention
on Supporting Food and Beverage Processing, Manufacturing, and Alternative Energy Business
Clusters, and Companies Focused on Sustainability and Community Benefits ".
2
FINANCIAL IMPACTS
The NPDES permit renewal costs are included in the Ellis Creek Operations budget for Program
Costs (6600.66700.54130). Current account balance is $434,865.
The agreement is for a period through June 30, 2016 at a projected cost not to exceed $82,106.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement
3
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE PROFESSIONAL SERVICES AGREEMENT WITH RMC WATER AND
ENVIRONMENT FOR ASSISTANCE WITH NATIONAL POLLUTANTS DISCHARGE
ELIMINATION SYSTEM PERMIT REISSUANCE FOR THE ELLIS CREEK WATER
RECYCLING FACILITY
WHEREAS, the City of Petaluma wishes to renew the National Pollutant Discharge Elimination
System (NPDES) permit for the Ellis Creek Water Recycling Facility; and
WHEREAS, the permit reissuance process requires the services of a quality professional firm
familiar with the NPDES permit for the Ellis Creek Water Recycling Facility, the permit
requirements for multiple agencies throughout the North Bay, and the regulators at the San
Francisco Bay Water Quality Control Board; and
WHEREAS, RMC Water and Environment has previously provided NPDES permit reissuance
assistance and related studies to the City; and
WHEREAS, RMC Water and Environment submitted a proposal to the City for NPDES permit
reissuance assistance services; and
WHEREAS, staff recommends the City execute a professional services agreement with RMC
Water and Environment for assistance with the NPDES permit reissuance for the Ellis Creek
Water Recycling Facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby:
Authorizes the City Manager to sign the attached Professional Services Agreement
with RMC Water and Environment for assistance with NPDES permit reissuance for
the Ellis Creek Water Recycling Facility in the amount not to exceed $82,106.
M
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
NPDES Permit Reissuance Support Services
(Title of Project)
FY 15/16
Fund # 6600 Cost Center 66700
Object Code 54130
Project #
Amount $82,106
For multi -year contracts or contracts with multiple
accounts:
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
Cost Center
Object Code
Project #
Amount $
FY
Fund #
Cost Center
Object Code
Project #
Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective
as of , 20 ( "Effective Date "), by and between the City of Petaluma, a
municipal corporation and a charter city ( "City") and RMC Water and Environment, a
Consultant ( "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:
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 $82,106 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.goy)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES
(1037730) April 2009
5
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2016, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
.Agreement by City, Consultant shall be entitled to payment for. all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
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 alt
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES
(1037730) Apri 12009 6
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: malting government decisions regarding approval or adoption of rates, rules, or
regulations, action on pert-nits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment /Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
PROFESSIONAL SERVICES AGREEMENT- PREVAILING WAGES
(1037730) April 2009 7
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 goverm-nent
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C. which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply 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 them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City , of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit D 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 D_ 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.
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES _.
(1037730) April 2009 8
( 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 Cleric
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778 -4360
Fax: (707) 778 -4554
Email: cityclerk @ci.petalunra.ca.us
And:
Ellis Creek Water Reevclina Facilit
3890 Cypress Drive
Petaluma, CA 94954
Atten: Leah Walker
Phone: (707) 778 -4583
Fax: (707) 776 -3746
Email: lwalker &i.petaluma.ca.us
Consultant: RMC Water and Environment
101 Montgomery Street, Suite 1850
San Francisco, CA 94104
Atten: ChristKennedy, Principal -in- Charge
Phone: (415) 321 -3409
Fax:
Email: ckennedy@rmewater.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indeinnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ( "Indemnitees ") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability ") of every nature, whether actual_, alleged or threatened, arising out of or in
PROPESSIONALSERVICESAGREEMENT- PREVAILING WAGES
(1037730) April 2009 9
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to. do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8,
24, Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B -2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1, " "B -2, " "B-3, " or " B 4 "]
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
27. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
PROFESSIONAL SERVICES AGREEMENT- PREVAILING WAGES
(1037730) April 2009 1 0
28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from, or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California..
29. Non - Waiver. The City's failure to enforce any provision of this Agreement, or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
33.. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer per_ iod required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
PROFESSIONAL SERVICES AGREEMENT- PREVAILING WAGES
(1037730) April 2009 1 1
34. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
35. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
36. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA CONSULTANT
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:
a
By_
Name
Title
Address
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
S
PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES
(1037730) April 200912
Exhibit A
6RMC
May 7, 2015
Leah Walker
Environmental Services Manager
City of Petaluma
3890 Cypress Drive
Petaluma, CA 94954
Subject: Proposal for Assistance with Wastewater Permitting
Dear Ms. Walker:
We understand that the City of Petaluma (City) needs support in renewing its National Pollution Discharge
Elimination System (NPDES) permit for wastewater, which will expire on February 28, 2016. RMC is pleased
to present the attached scope and fee estimate for providing assistance to the City with this effort, and we
are uniquely qualified to support the City in these endeavors.
• RMC successfully assisted the City in 2010 -2011 with its NPDES permit renewal, and assisted the City
with its most recent local limits study completed in 2012. We have an in -depth understanding of the
City's industrial dischargers and the challenges it faces with permitting these dischargers.
• RMC has provided successful permit renewal services for numerous wastewater agencies with
shallow water discharges and /or dry season discharge prohibitions similar to the City. These include
Fairfield- Suisun Sewer District, Napa Sanitation District, Novato Sanitary District, City of Palo Alto,
City of American Canyon, and Union Sanitary District.
• The timeline for completing the application, technical reports, and negotiations for NPDES renewal
is very short and the project will need to begin (noticed to proceed) by June 1, 2015 to meet the
renewal deadline. With the Report of Waste Discharge (ROWD) due September 1, 2015, RMC's team
is ready to get underway immediately to ensure the tight deadline can be met.
We are proposing this scope of services to be conducted by staff with specialized expertise in this type of work.
Our proposed team includes Mary Cousins as Project Manager, and Jennie Pang as Staff Engineer for NPDES
permitting. Mary is familiar with the City's current NPDES Permit, having assisted with its local limits study in
2011 -2012 and also assisting neighboring agencies to the north and south. Mary and Jennie have assisted
numerous clients through the NPDES permit issuance process with Regional Water Board staff As the Principal -in-
Charge, I will serve as the Quality Assurance / Quality Control reviewer and also ensure that the City's needs are
met by RMC.
We look forward to the opportunity to work with the City on this important project. Please call me at 415 -321-
3409 if you have any questions about our approach or qualifications.
Sincerely,
RMC Water and Environment
Christy Kennedy, PE, PG, CHG; Principal -in- Charge
2175 North California Boulevard, Suite 315
Walnut Creek, CA 94596 - 925.627.4100 ® rmcwater.com
EXHIBIT A
City of Petaluma
Professional Services by RMC Water and Environment
Scope of Services
Assistance with 2016 NPDES and Recycled Water Permitting
May 7, 2015 - FINAL
RMC Water and Environment (RMC) will assist the City of Petaluma (City) in the application for and
negotiation of its National Pollutant Discharge Elimination System (NPDES) permit for wastewater.
For 17 years, RMC has focused on providing municipal clients with world -class consulting services
and technical expertise, with a focus of client- service and responsive project management to
proactively address project challenges. In 2010 -2011, RMC successfully assisted the City with its
NPDES permit renewal for discharge from the (then) newly - completed Ellis Creek Water Recycling
Facility. The permit renewal included the preparation of a comprehensive permit application and
proactive negotiations with the San Francisco Bay Regional Water Quality Control Board (Regional
Water Board).
Beyond our work with the City, RMC has provided regulatory assistance to multiple wastewater
agencies in the Bay Area. Many of these agencies have NPDES permits for shallow water discharges
and /or dry season discharge prohibitions similar to the City's. In the past few years, RMC has assisted
(or is currently assisting) many agencies with NPDES permitting, including Fairfield- Suisun Sewer
District, Napa Sanitation District, Novato Sanitary District, City of Palo Alto, San Francisco Public
Utilities Commission, City of San Jose, and Union Sanitary District.
This experience has provided RMC with invaluable insight into the challenges faced by municipalities
as they negotiate the permitting process, as well as the strategies and approaches that have been
employed to overcome these regulatory and technical challenges. In fact, RMC maintains a
comprehensive database of all Bay Area wastewater NPDES permits, and updates it every few weeks
as new information becomes available. In this way, the most current, as well as historical,
information is quickly available for making comparisons of similar provisions among permits.
K
14
The permit application, called the Report of Waste Discharge (ROWD), is due on September 1, 2015,
which is 180 days before the Permit expiration date of February 28, 2016. The Permit is currently
due to be renewed in May 2016 according to the Regional Water Board's most recent schedule
released in February 2015. Several interim milestones are indicated in the estimated schedule at the
end of this scope.
This scope of work is organized in the following tasks:
Task 1— Develop NPDES Permit Strategy. RMC will meet with City staff and lead a discussion about
the detailed approach to preparation of technical analyses, the ROWD, and the permit reissuance
process, including estimated task schedules. RMC will provide information about the current
regulatory climate, issues of potential concern, compliance considerations, planning for submittal of
the permit application, and strategies for permit reissuance. In addition, RMC will gather information
from City staff regarding requests for potential permit changes, and will discuss options for potential
permit changes.
Task 2— Report of Waste Discharge (ROWD). RMC will prepare the City's NPDES permit application,
also known as the ROWD, which has a legal due date of September 1, 2015. Preparation of the ROWD
is organized into the following activities:
Subtask 2.1— Compile Applicable Data and Information
RMC will collect and review pertinent data to evaluate compliance history and determine data
sufficiency. Data and information to be reviewed may include effluent and receiving water data
(flows and quality), pretreatment program information, and selected planning documents prepared
by the City. This task also includes placing the data into a format that facilitates subsequent activities
of the project. For the purposes of this scope of work, RMC will analyze flow and water quality data
collected from March 2011 through April 2015.
Subtask 2.2 — Conduct Reasonable Potential Analysis (RPA) and Calculate Effluent Limits
RMC will perform a reasonable potential analysis (RPA) for the City's effluent using the approach in
the State Implementation Policy as well as other RPA approaches being used by the Regional Water
Board, including USEPA's Technical Support Document. The RPA is expected to be conducted using
the most recent three to five years of data (depending on the constituents), according to current
standards by the Regional Water Board. In addition, RMC will use results of the RPA, which identifies
constituents needing effluent limits, to calculate final effluent limits.
3
15
There are different ways to interpret language in the California Toxics Rule (CTR) and the State Water
Resources Control Board's Policy for Implementation of Toxics Standards for Inland Surface Waters,
Enclosed Bays, and Estuaries of California (State Implementation Policy, or SIP) , as well as the San
Francisco Bay Basin (Region 2) Water Quality Control Plan (Basin Plan). It may be appropriate to
conduct "what ifs" on the RPA and calculation of effluent limits to determine the consequences of
various alternative interpretations. RMC will conduct these sensitivity analyses for scenarios that
are appropriate for the City to consider.
Subtask 2.3 — Special Technical Analyses
Various special technical analyses are usually requested by the Regional Water Board, or are in the
City's interest to be included in the ROWD. RMC will assist the City by developing these technical
analyses during development of the ROWD and the permit negotiation process. Anticipated
activities for this task are described below and are based on experience in negotiating other recent
Region 2 NPDES permits, but additional analyses may also be requested by the Regional Water Board
since the permitting climate is very dynamic. Activities will be conducted as applicable and as budget
permits. Examples of anticipated technical analyses are as follows:
o Development of Dilution Credit for Chronic Toxicity — The State Water Resources Control
Board plans to adopt a Policy for Toxicity Assessment and Control that is intended to
supersede Section 4 of the SIP. If adopted, or if otherwise required by USEPA Region 9, the
District could receive a numeric effluent limitation for whole effluent toxicity in place of the
current narrative limit. If necessary, RMC will prepare documentation to establish an
appropriate dilution credit for chronic toxicity or define an Instream Waste Concentration
for the District's discharge.
o Justification for Continued Exception to Basin Plan Discharge Prohibition 1 - Basin Plan
Prohibition No. 1 indicates that discharges that achieve an initial dilution of less than 10:1
are prohibited. An exception to this prohibition may be granted under certain circumstances
described in the Basin Plan. Under this task, RMC compile information to support a
continued exception to the Basin Plan prohibition based on the inordinate burden that would
otherwise be placed on the City.
o Documentation of Recent or Planned Operational Changes and Capital Projects —
Information about recent and planned operational changes and capital projects will be
reviewed. RMC assumes that capital projects information will be prepared by others. RMC
will document and prepare an analysis concerning how these changes may affect discharge
location, volume, or quality, with an emphasis on showing how the City is continuing to
successfully maintain and improve its facilities.
4
16
o Recommendation for Changes to Effluent Monitoring_:— There may be an opportunity to
recommend revised effluent monitoring, to reduce monitoring frequency or constituents,
depending on historical results, permitting activity around the region, or other factors.
o Other Special Technical Analyses — RMC will develop analyses for specific technical and
regulatory issues that arise during the permit renewal process. Examples of these analyses
could include compilation of documents supporting a recommended species for regular
chronic toxicity testing, metals translators for water quality objectives, monitoring
frequency evaluations, compliance attainability, interpretation of regulatory language using
research and other resources, development of compliance schedule activities and
deadlines, and general justification for various permit conditions including special studies,
toxicity and pretreatment program provisions. Analyses will be conducted under this task
as budget permits.
Subtask 2.4 — Preparation of Report of Waste Discharge
RMC will compile information for inclusion in the ROWD, including USEPA forms and State Water
Resources Control Board forms. The data required for the permit application includes general
information about the treatment facilities and collection systems, priority pollutant data including
statistical summaries of the data, and other data and information related to the NPDES permit
reissuance and other considerations. Technical analyses conducted as part of Subtasks 2.1 through
2.3 will also be included in the ROWD.
A draft permit application will be prepared and submitted to City staff for review. Then RMC will
consult with City staff on any comments, make necessary revisions and coordinate submittal of the
application by the due date. The budget for this task assumes we will hold one meeting with City
staff to review the draft ROWD together.
Task 3 — Permit Resssuance Negotiations. RMC will assist the City during the permit reissuance
process of its 2016 NPDES permit. The permit reissuance activities, including negotiations, are
organized into the following activities.
Subtask 3.1 — Review Administrative Draft Order and Prepare Comments
RMC will develop a redline- strikeout version of the permit to show comments on the administrative
draft permit, including specific justification for substantive changes. For the purposes of this scope,
it is estimated that there will be one complete administrate draft. RMC will meet with City staff to
discuss and compile comments on the administrative draft and then prepare comments for submittal
5
17
to the Regional Water Board. It is also anticipated that one meeting (maximum) may be held with
Regional Water Board staff after administrative draft comments are submitted.
If the Regional Water Board provides draft permit provisions (for example, effluent limits
calculations) separately from the complete administrative draft permit, RMC will also review those
materials and provide comments as part of this subtask.
Subtask 3.2 — Review Tentative Order, Prepare Comments and Conduct Negotiations during Public
Comment Period
RMC will review the Tentative Order and prepare comments in a form suitable for submission to the
Regional Water Board. If necessary, RMC will conduct additional research for citations of precedent -
setting activity. The Tentative Order comments will address elements of the permit that the City
wishes the Regional Water Board staff to revise or that the City could desire to appeal.
Once the Tentative Order comments are submitted to the Regional Water Board, which may be in a
preliminary form prior to the official public comment date, it may be appropriate to meet with
Regional Water Board staff to work out any differences. In addition, it is possible that Regional Water
Board staff may wish to make changes to the permit during the public comment period and will
normally discuss these changes with the permittee. Depending on the number of administrative
drafts, and the timing under which the Tentative Order is issued, there may be a fair amount of
activity during the public comment period.
Subtask 3.3 — Prepare for and Attend Regional Water Board Hearing
Prior to the Regional Water Board hearing, RMC will review the draft response to comments as well
as a revised Tentative Order. RMC will review these documents for consistency with previous
negotiations, and to check whether any new issues need to be discussed with Regional Water Board
staff.
The most desirable approach for the public hearing is for the permit to be placed on the consent
calendar because there are no objections. However, if the permit is placed on the regular calendar,
RMC recommends that the District provide oral testimony. RMC will develop a strategy, draft
remarks, and recommend selected speakers for the Regional Water Board hearing, if necessary. RMC
will accompany City staff to the hearing and provide comments if needed.
R
18
Schedule
The estimated schedule for the permit renewal process is shown in Table 1 on the following page.
The dates shown are subject to change based on unanticipated actions by the Regional Water
Board, the U.S. Environmental Protection Agency, nongovernmental organizations, or others. The
purpose of showing this rough schedule is to provide an idea of how the process will proceed.
Notice to Proceed will need to be obtained by June 1, 2015 at the latest for work to proceed on
schedule. Additionally, the City will need to begin compiling data and documents in May 2015.
ILI
City of Petaluma
2016 NPDES Permit Renewal
Rough Estimated Schedule for NPDES Permit Renewal
(based on Regional Water Board schedule last updated February 2015)
Rough Estimated Date
Activity
June 12015
Kick -off Meeting for Permit Renewal
June —July 2015
RMC Prepare Draft NPDES Permit Application (Report of
Waste Discharge, ROWD)
Late July 2015
RMC Compile Draft Report of Waste Discharge
Early August 2015
RMC to Provide Complete Draft ROWD to City Staff for
Review
Mid August 2015
Meeting to Discuss City comments
August 2015
Make changes for final ROWD
September 1, 2015
Deadline for Submittal of Permit Application
January 2016
Receive Administrative Draft Permit
January 2016
Deadline for Comments on Ad min Draft
(generally one week after issuance of Admin Draft)
Mid - February 2016
Tentative Order Issued for Public Comment
Mid -March 2016
Formal Comments Due on Tentative Order
(30 days after issuance of Tentative Order)
May 4, 2016
Revised Tentative Order and Response to Comments
Released (in Regional Water Board Packet)
May 11, 2016
Permit Adoption Hearing
20
ik " 71 - Exhibit
s 1. .., _. . Fee Estimate
City of Petaluma
Assistance with 20116 NPID Permitting
2. Other direct costs (ODCs) such as reproductlon, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost.
3. This fee estimate Is based on the accompanying scope of work and could change based on developments by regulatory agencies or other parties.
21