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HomeMy WebLinkAboutResolution 2015-076 N.C.S. 06/01/2015Resolution No. 2015 -076 N.C.S. of the City of Petaluma, California AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT TO CAROLLO ENGINEERS FOR ENGINEERING AND DESIGN SERVICES FOR THE SOLIDS PROCESS UPGRADES AT THE ELLIS CREEK WATER RECYCLING FACILITY WHEREAS, the City of Petaluma wishes to upgrade the Ellis Creek Water Recycling Facility to expand solids treatment facilities; and WHEREAS, this project requires the services of a quality professional engineering firm familiar with the project and experienced in design and construction of complex biological and chemical systems of wastewater treatment facilities and their components; and WHEREAS, Carollo Engineers responded to the City's Request for Proposals and was chosen based on their proposal, reputation, and experience in design of municipal waste water treatment facilities; and WHEREAS, staff recommends the City execute a professional services agreement with Carollo Engineers for engineering and design and services for the Solids Process Upgrades at the Ellis Creek Water Recycling Facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: Authorizes the City Manager to sign the attached Professional Services Agreement for engineering and design services with Carollo Engineers in support of the Solids Process Upgrades at the Ellis Creek Water Recycling Facility in the amount not to exceed $999,880. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pprov d s to Council of the City of Petaluma at a Regular meeting on the I't day of June, 2015, 1for by the following vote: � r City Atto ney AYES: Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller NOES: None ABSENT: None ABSTAIN: None f f ,f ATTEST: City Clerk Mayor Resolution No, 2015 -076 N.C.S. Page I Exhihit A PROFESSIONAL SERVICES AGREEMENT Engineering and Design Services for the Solids Process Upgrades at the Ellis Creek Water Recycling Facility (Title of Project) FY 14/15 Fund # 6600 Cost Center 66999 Object Code 54110 Project # 66501305 Amount $50.000 For multi -year contracts or contracts with multiple accounts: FY 15/16 Fund # 6600 Cost Center 66999 Object Code 54110 Project # 66501305 Amount $649,880 FY 16/17 Fund # 6600 Cost Center 66999 Object Code 54110 Project # 66501305 Amount $300,000 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 Carollo Engineers, Inc., a Delaware Corporation ( "Consultant ") (collectively, the "Parties "). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth'herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows; 1, Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ( "Services "), 2, Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable, C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $999,880 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, Resolution No. 2015 -076 N.C.S. Page 2 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2017, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 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. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses Permits Etc Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to Resolution No. 2015 -076 N.C.S. Page 3 inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations; action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, ,workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assianment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16, Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with Resolution No. 2015 -076 N.C.S. Page 4 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, 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 as Exhibit C, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or Resolution No. 2015 -076 N.C.S. Page 5 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first -class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerk @ci.petaluma.ca.us And: Dan St. John, F. ASCE - Director, Dept. PW &U Department of Public Works and Utilities 202 N. McDowell Blvd. Petaluma, CA 94954 Phone: (707) 778 -4546 Fax: (707)778-4508 Email: dstjohn (e ci.petaluma.ca. us Consultant: Lydia Holmes, P.E., Principal -in- Charge Carollo Engineers 2700 Ygnacio Valley Road, Suite 300 Walnut Creek CA 94598 Phone: (925) 932 -1710 Fax: (925) 930 -0208 Email: LHolmesgcarollo.com 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ( "Indemnitees ") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability ") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. Resolution No. 2015 -076 N.C.S. Page 6 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days; in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in 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, 23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B -2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B -1, " "B -2, " "B -3, " or "B -4. "] 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25, Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. Resolution No. 2015 -076 N.C.S. Page 7 27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non - Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third 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. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. Resolution No. 2015 -076 N.C.S. Page 8 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions lierein, 34. Survival, All obligations arising prior to the ter7»ination 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 Agircement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Set-vices, 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 Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director file name; CONSULTANT Address WJ c q 1KL City State Zip b- 01Xjj Zz2- Taxpayer f,D. Number Petaluma Business Tax Certificate Number i Resolution No. 2015 -076 N.C.S. Page 9 EXHIBIT A ELLIS CREEK WATER RECYCLING FACILITY UPGRADE PROJECT SOLIDS PROCESS UPGRADES SCOPE OF WORK CITY OF PETALUMA AND CAROLLO ENGINEERS, INC (ENGINEER) PROJECT UNDERSTANDING The City of Petaluma (City) commissioned the new Ellis Creek Water Recycling Facility (WRF) in 2009. Since the plant was put into operation, the City Public Works staff has recognized that several factors have changed since the original plant design criterion was established. This includes: • Higher than expected organics loading, that exceeds the liquid and solids process capacity. • High strength waste (HSW) from local agricultural - related businesses might be more economically treated locally at the WRF. • The solids process equipment lacks redundancy, which makes the higher loadings more problematic for plant operation and maintenance. • The need for tertiary recycled water has increased due to the current drought and other factors, such as serving agricultural users with tertiary treated water. Based on these factors and limitations, the City has already undertaken assessments of the liquid and solids processes at the WRF and envisioned three phases of improvements at the WRF. This scope outlines the details of the Phase 1 Solids Process Upgrade project. Two subsequent phases will address tertiary and high strength waste handling facilities upgrades and will be addressed in a separate scope of work. The Phase 1 Solids Process Upgrades project elements include: 1. Addition of two strain press units to WAS system prior to thickening. 2. Addition of a redundant Andritz 1 meter gravity belt thickener. 3. Addition of the third TWAS pump to match the existing pump. 4. Addition of a second anaerobic digester to match the existing digester. 5. Replacement or modification of the existing methane digester heating system to increase heating capacity. 6. Addition of heating and mixing equipment for new anaerobic digester. 7. Addition of second dual fuel boiler and digester gas booster blower to accommodate the increased heat requirements for digestion process. 8. Upgrade or replacement of existing dewatered sludge conveyance equipment. 9. Addition of a truck scale for sludge hauling trucks. 10. Addition of a redundant grit classifier for the existing grit handling system. DETAILED PROJECT SCOPE The following scope of services was prepared based on our understanding of the RFP, site visits, review of available information, and discussions with City staff. It includes the scope of work for design through bidding and Engineering Services During Construction. It is anticipated that Construction Management will be provided by the City. TASK 1— BACKGROUND REVIEW The purpose of Task 1 will be to identify any additional information required for design, and any data gaps. Additionally, this first task is critical to setting the design criteria and reliability /redundancy criteria for the project and the facility. Resolution No. 2015 -076 N.C.S. Page 10 A kickoff meeting will be conducted with City management, operations and maintenance, laboratory and c';her key staff to review the scope of the design project, project elements, and obtain background information from the City. This will include: • AutoCAD design files and drawings for the WRF, including updates by the City during construction to record the as -built conditions. Specification for existing equipment and facilities will also be provided. • Design criteria for the additional components and process units. • Influent flow projections. • Design loads for BOD, TSS, thickened waste sludge flows, and high strength waste. • Level of service requirements. • Recent assessments of solids process and co- digestion pilot results. The information listed above will be provided by the City and reviewed based on the work completed since the plant was commissioned. The City shall furnish the Engineer all available studies, reports and other data pertinent to Engineer's services; obtain or authorize the Engineer to obtain additional reports and data as required; furnish Consultant services of others required in the performance of Engineer's services, and the Engineer shall be entitled to use and rely upon such information and services provided by the City or others in performing Engineer's services under this scope. The information will be used to prepare materials for the Basis of Design workshop included in the subsequent tasks. Two features of the listed improvements will be evaluated in additional detail prior to the Basis of Design Workshop: • The addition of a second grit classifier will also be evaluated to determine if it is feasible to provide a redundant unit on the existing headworks. Alternative layouts for a redundant unit will be prepared. • The modification, or replacement of the existing dewatered solids conveyance for the current and future screw press dewatering and truck loading system will be evaluated. A technical memorandum (TM) will be prepared to document the alternatives evaluation and provided findings and recommendations for dewatered cake conveyance. The results of these evaluations will be reviewed as part of the Basis of Design workshop. The Background Review subtasks include: Task 1.1- Kickoff Meeting Task 1.2 - Collect and Review Existing Data and Information Task 1.3 - Data Gap Identification and Meeting Notes Task 1.4 - Redundant Grit Classifier Layouts Task 1.5 - Dewatered Solids Conveyance Evaluation Deliverable, Kick -off meeting notes, Grit Classifier layouts, Solids Conveyance TM and Basis of Design workshop materials. TASK 2 — BASIS OF DESIGN The purpose of Task 2 will be a confirmation of the Basis of Design. Using the information provided by the City, our knowledge of the original design, and City staff experience in the operation of the existing facility, the Basis of Design for the Solids Process Upgrades will be set. This will be accomplished in a Resolution No. 2015 -076 N.C.S. Page 11 one -day workshop in the City of Petaluma. During the Basis of Design workshop, the following will be considered: • Process design criteria and sizing. • Process layout. • Technology selection where required, such as dewatered cake conveyance. • Level of automation and controls. • Integration with existing solids and tertiary process. • Utility requirements. • Safety considerations. • Construction phasing, sequence, and constraints. • Additional information requirements. • Environmental or permitting support needs (provided by others). • Geotechnical information review (provided by others). Engineer will conduct a workshop in order to define and finalize the scope and cost of final design elements. The findings and recommendations for solids conveyance will also be reviewed during the workshop. The goal of the workshop is to complete the preliminary design process in an accelerated manner and allows the City to participate in real -time decision - making. After the workshop, Engineer will prepare an updated construction cost estimate for the proposed facilities, and meeting notes to document the decisions made in the workshop. These will be submitted to the City for review and confirmation. The City's review comments will finalize the Basis of Design and provide a NTP for final design. We anticipate that this approach will move the project from kickoff to the start of final design in less than two months as shown on the project schedule, Exhibit C. The Basis of Design Subtasks includes the following: Task 2.1- Basis of Design Workshop Task 2.2 - Basis of Design Cost Estimate Task 2.3 - Basis of Design Workshop Summary Deliverable: l: raft workshop meeting notes, including decision log, layout and design sketches, design criteria, technology selection justification, updated schedule and work constraints, and preliminary construction cost estimate. Assumptions: • The City (and permitting consultant) will apply for all permits and prepare environment documents needed for construction of this project. • The City will be responsible for updates to any required geotechnical information, • The City will be responsible for any required survey work to confirm as -built elevations and locations. • The City will be responsible for any trench or potholing recommended for identification of buried utilities. TASK 3 - FINAL DESIGN Engineer will prepare biddable construction documents (drawings and specifications) for the major project elements based on the key findings and recommendations of the accepted Basis of Design in Task 2. Construction documents will be prepared in compliance with current codes adopted by the City and applicable local governing agencies at the commencement of the design. Resolution No. 2015 -076 N.C.S. Page 12 Drawings will be prepared on a computer -aided design drafting (CAD) system using Engineer's CAD drafting standards. Construction drawings will include general, demolition, civil, structural, process, mechanical, HVAC, electrical, and instrumentation disciplines. Specifications will be prepared using the City's front -end contract documents and Engineer's technical specifications. Front -end contract documents will include general bidding requirements, general conditions, and special conditions. Technical specifications will be prepared using Engineer's standard CSI format for Divisions 2 through 17. During the final design period, Engineer will prepare and submit three progress submittals to the City for review and comment. The first submittal will be the 50 percent design submittal, which will include as a minimum the following preliminary information: process flow diagrams, process and instrumentation diagrams, control descriptions for major equipment, selected site plans, major process equipment layouts and sections, major process piping, location and dimensions of major structures, electrical single -line diagrams, major mechanical equipment specifications, and a construction cost estimate. A 50 percent design submittal review workshop will be held to discuss comments on the 50 percent submittal. The second submittal will be the 90 percent design submittal, which will be a completed set of contract c.,)cuments that will also be submitted concurrently to Engineer's in -house technical checking team for detailed review. The 90 percent design submittal will have also incorporated applicable comments from the 50 percent design review and other comments received from the City between the 50 and 90 percent design. A 90 percent design submittal review workshop will be held to discuss comments on the 90 percent submittal. Applicable review comments from the City and Engineer's in -house technical checking team at the 90 percent design stage will be incorporated into the 100 percent design submittal, which will be signed and sealed by registered professional engineers in California. Changes following the 100 percent design submittal will be made by addenda to the bid set of construction documents. Engineer will prepare construction cost estimates at the 50 percent, 90 percent, and bid set design submittal stages. Estimates will be prepared based on available quantity takeoffs, estimating guides, equipment manufacturers' quotes, and the construction cost of similar facilities. Contingencies or escalating factors for general estimating, general conditions, contractor overhead and profit, escalation to mid point of construction, and annual cost escalation will be included in the construction cost estimates. Estimates will be prepared to a level of accuracy consistent with the standards of the American Association of Cost Engineers. Final Design Subtasks include the following: Task 3.1- 50 Percent Plans and Specification Submittal Task 3.2 - 50 Percent Cost Estimate Task 3.3 - 50 Percent Submittal Workshop Task 3.4 - 90 Percent Plans and Specification Submittal Task 3.5- 90 Percent Cost Estimate Task 3.6 - 90 Percent Workshop Task 3.7 - Bid Set Plans and Specification Submittal Deliverables: • 50 percent design submittal including half -size drawings and specifications (five hard copies and electronic copy (PDF)) • 90 percent design submittal including half -size drawings and specifications (five hard copies and electronic copy (PDF)) Resolution No. 2015 -076 N.C.S. Page 13 • 100 percent design, Bid set submittal including signed and sealed drawings and specifications (one electronic PDF copy ready for printing). • Construction cost estimates (approximately one week after each design submittal). • Workshops meeting notes • CAD drawings for the final Bid Set submittal. Assumptions: The City will provide front -end contract documents in electronic format to Engineer for review at least three weeks before the 50 percent design submittal date. The City (and permitting consultant) will apply for all permits and prepare environment documents needed for construction of this project. The City will perform printing of bid documents based on the Bid Set design submittal. TASK 4 - BID PERIOD SERVICES Engineer will attend one pre -bid meeting with City staff and prospective bidders. City staff will conduct the pre -bid meeting and Engineer will provide as- requested presentation materials to the City for the meeting. Engineer will respond to bidder questions during the bid period and provide written responses to valid bidder questions. Engineer will prepare addenda to clarify and change bid documents as required during the bid period. The Bid Period Services subtasks include: Task 4.1- Pre -Bid Meeting Task 4.2 - Addenda Preparation Task 4.3 - Bid Evaluation Deliverables: • Presentation materials for pre -bid meeting. • Written responses to applicable bidder questions. • Addenda. Assumptions: The bid period will be for a duration of up to six weeks. The City will advertise, print, sell, and distribute bid documents and addenda. Labor hours assumed for responding to bidder questions and preparing addenda will not be exceeded without written authorization from the City, TASK 5 - ENVIRONMENTAL AND PERMIT SUPPORT Engineer will coordinate with City's permitting consultant who will perform environmental permitting assessment and support CEQA permitting strategies. Preliminary design documents will be provided in electronic format for use in CEQA and other permitting documents. The Environmental and Permit Support subtasks will include: Task 5.1- Support during Environmental and Permit Process Deliverable: Draft project description, layout and design sketches, schedule and work constraints, and other limited materials for permits completed by others. Assumptions: The City (and permitting consultant) will apply for all permits and prepare environment documents needed for construction of this project. Resolution No. 2015 -076 N.C.S. Page 14 TASK 6 - Engineering Services During Construction The City intends to complete construction using in -house or third -party construction manager (CM), and inspectors. Engineer will provide office support for CM including the following Engineering Services During Construction tasks listed below. Engineer will attend the pre- construction conference convened by the City and its CM Construction managers. Attending this conference will be Engineer's Project Manager, Project Engineer, Construction manager, and City Project Manager. Engineer will respond to formal RFIs issued by the City's Construction manager. Routine RFIs that do not relate to design intent are assumed to be handled by the City's Construction manager. All RFIs sent to Engineer will be logged, documented, and communicated to Engineer using a standard written format. The budgeted amount of labor is based on an average of 4 hours per formal RFI, plus administrative and clerical time, and 50 RFIs and is an estimate only. Actual requirements could vary. Engineer will provide review and comments for technical submittals required per the contract documents. Submittals will be logged, checked for completeness, and issued for review by the City's Construction manager, and all review comments by Engineer will be submitted directly to the City's Construction manager using a standard written format. In general, incomplete submittals will be immediately rejected. The budgeted amount of labor is based on an average of 6 hours per submittal and a total of 60 submittals. For budgeting purposes, 25% of the submittals are assumed to require re- submittal and is an estimate only. The budgeted amount of labor is based on an average of 4 hours per re- submittal Actual requirements, including the time required for each submittal review, could vary. Engineer will review proposed construction change orders involving design intent and provide design services to implement the change orders at the request of the City. It is assumed that proposed change orders will be issued by the City's Construction manager using a standard written format, and that Engineer will respond directly to the City's Construction manager. The budgeted amount of labor is based on an average of 12 hours per construction change order, plus administrative and clerical time, and a total of 5 change orders and is an estimate only. Actual requirements could vary, including the time required for each construction change. Engineer will attend special as- needed construction meetings and site visits at the request of the City, and convened by the City's Construction manager. It is assumed that the City's Construction manager will F -epare agenda and minutes for the meetings and site visits. The budgeted amount of labor is an estimate only and actual requirements could vary. This scope item assumes 12 as- needed construction meetings and /or site visits, for two attendees per meeting. Engineer will assist with startup and testing at the request of the City, and coordinated by the City's Construction manager. Engineer will provide written summaries and photo- documentation of field observations as required. Startup and testing assistance could be provided for equipment testing and /or instrumentation and controls. The budgeted amount of labor is an estimate only and actual requirements could vary. The budgeted amount of labor includes two full days at the project site for the project team plus office support. Engineer will assist with project closeout at the request of the City, and coordinated by the City's Construction manager. One project manager from Engineer, CM and City project manager will attend a punchlist walkthrough and supply written summaries and photo- documentation of field observations to the Construction Manager. The budgeted amount of labor is an estimate only and actual requirements could vary. Engineer will incorporate the marked up as -built drawings provided by the City's Construction manager into the drawings and provide record drawings. Record drawings will not include the engineer's seal or signature. Record drawings will be provided to the City in electronic format only (AutoCad and PDF). Resolution No. 2015 -076 N.C.S. Page 15 The Engineering Services During Construction subtasks will include: Task 6.1- Pre - Construction Conference Task 6.2 - Response to RFIs Task 6.3 - Submittal Review Task 6.4 - Construction Change Assistance Task 6.5 - Meeting / Site Visits Task 6.6 - Startup and Testing Task 6.7 - Project Closeout Task 6.8 - Record Drawings Deliverable: NFI response, submittal review comments, change order review comments, start -up plans, and record drawings in electronic format. Assumptions: The City will provide in -house or third -party construction management and inspection for this project. TASK 7 - PROJECT MANAGEMENT Engineer will provide project administration and management necessary to perform planning, execution, monitoring, and reporting of this project. Engineer will prepare a monthly progress letter report for attachment to the monthly invoice to track and report the status of budget expenditures (earned value report), the schedule, and key work products completed during that billing period. Engineer will prepare a project Quality Management Plan identifying the roles and responsibilities, procedures, and resources necessary to provide quality assurance /quality control (QA /QC) for this project. The purpose of the QA /QC reviews is to ensure design quality, design consistency, and conformance with project goals and standards. Engineer will conduct internal reviews using senior staff at each major submittal: predesign evaluations, 50 percent design submittal, and 90 percent design submittal. The Project Management subtasks include: Task 7.1- Project Management Task 7.2 - Quality Assurance /Quality Control Review Task 7.3 - Project Management - ESDC Construction Phase Deliverables: Assumptions: Monthly invoices and progress letter reports. Meeting agendas, presentation materials, and meeting notes. Decision log. The project duration for design tasks is 8 to 9 months. The City will complete review of each deliverable and provide one collated set of written comments in electronic format to Engineer within two weeks of the submittal date. Resolution No. 2015 -076 N.C.S. Page 16 • The project duration for construction is approximately 9 months, and will be further defined during design tasks. "i ASK 8 — AS- NEEDED SERVICES This Task consists of an allowance for funding application assistance, additional sole- source documentation, and other activities. This allowance shall be used solely at the City's discretion. The procedure for undertaking as- needed work is as follows: • The City makes a request, either verbally, by e -mail, or other means. • Consultant develops a scope and estimate, with detail appropriate to the complexity and characteristics of the task at hand. • The City reviews the scope and estimate, and Consultant makes revisions. • The final scope and estimate are presented to the City. Work will commence only following receipt of written authorization by a City representative authorized to contractually obligate the City. Authorization can be via email or hardcopy. • Billing and status reports shall show the Task 3 history and totals authorized, allowing for ongoing monitoring of funds not yet committed. Resolution No. 2015 -076 N.C.S. 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