HomeMy WebLinkAboutResolution 2015-087 N.C.S. 06/15/2015Resolution No. 2015 -087 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS
FOR ENGINEERING AND DESIGN SERVICES FOR THE TERTIARY
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 tertiary 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 Tertiary Process Upgrades at
the Ellis Creek Water Recycling Facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
1. Authorizes the City Manager to sign the attached Professional Services Agreement
for engineering and design services with Carollo Engineers in support of the Tertiary
Process Upgrades at the Ellis Creek Water Recycling Facility in the amount not to
exceed $576,110.
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 Appro a to
Council of the City of Petaluma at a Regular meeting on the 15`h day of June, 2015,
f
by the following vote:
City
Attorney
AYES:
Albertson, Barrett, Healy, Kearney, King, Vice Mayor Miller
NOES:
None
ABSENT:
Mayor Glass
ABSTAIN:
None
b #
ATTEST:
City Clerk Vic Mayor
Resolution No. 2015 -087 N.C.S. Page 1
Exhibit A to
Resolution 2015 -087 N.C.S.
PROFESSIONAL SERVICES AGREEMENT
Engineering and Design Services for the Tertiary Process Upgrades at the Ellis Creek Water
Recycling �ty
(Title of Project)
FY
Fund #
Cost Center
Object Code Project #
Amount $
For multi -year contracts
or contracts with multiple accounts:
FY 15/16
Fund # 6600
Cost Center 66999
Object Code 54110 Project # 66401416
Amount $355,612
FY 16/17
Fund # 6600
Cost Center 66999
Object Code 54110 Project # 66401416
Amount $220,498
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:
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. 1 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 $576,110 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 -087 N.C.S. Page 2
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
December 31, 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.
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 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 -087 N.C.S. Page 3
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
Resolution No. 2015 -087 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 -087 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 9ci.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: LHolmeskcarollo.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 -087 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 -087 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 -087 N.C.S. Page 8
33. Headings. The headings used in this Agreement are for convenience only and are not
intended to effect the interpretation or construction of any provisions herein,
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
35. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings,, oral or written,
between the Parties in this regard,
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written,
CITY OF PETALUMA CONSULTANT
B
City Manager NV, n' e �
ATTEST: MA:nkuk4/ / , Viz, t AXJ
Title
2-100 VJL4 �i3o
City Clerk Address
APPROVED AS TO FORM:
WcAn'ik C,'l'(-e'L C& r-5
City State Zip
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City Attorney Taxpayer I.D. Number
APPROVED: '— — Ogos -f
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name;
Resolution No, 2015-087 N.C.S. Page 9
EXHIBIT A
ELLIS CREEK WATER RECYCLING FACILITY UPGRADE PROJECT
TERTIARY 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 Tertiary Process Upgrade project. Two additional phases will address solids
and high strength waste handling facilities upgrades and are addressed in a separate scope of work.
The Tertiary Process Upgrades project elements include:
1. Addition of a second 5 -cell continuous backwash filter system
2. Addition of UV disinfection equipment for the third channel of the existing UV system.
3. Addition of two tertiary feed pumps to the existing filter feed pump station.
4. Addition of filters or strainers to the pond pump station discharge to the filter inlet.
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.
A kickoff meeting will be conducted with City management, operations and maintenance, laboratory and
other key staff to review the scope of the design project, project elements, and obtain background
information from the City.
This will include:
Resolution No. 2015 -087 N.C.S. Page 10
EXHIBIT A
• 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.
• Level of service requirements.
• Recent assessments of tertiary process and tertiary water production records.
• UV system data including UVT, any reported disinfection violations, and overall system operation
records.
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.
One feature of the listed improvements will be evaluated in additional detail prior to the Basis of Design
Workshop. The addition of filters or strainer to the pond pump station discharge to the filter inlet will be
reviewed and options will be presented prior to 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 - Pond pump station screen or filter /strainer evaluation
Deliverable.
Kick -off meeting notes, pond pump screen or filter evaluation findings, 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 Tertiary Process Additions will be set. This will be accomplished in a
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 UV equipment, and /or filters.
• Level of automation and controls.
• Integration with existing 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 pond pump screening and filter evaluation will also be
Resolution No. 2015 -087 N.C.S. Page 11
EXHIBIT A
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:
Draft 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.
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
r- inimum 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
documents that will also be submitted concurrently to Engineer's in -house technical checking team for
Resolution No. 2015 -087 N.C.S. Page 12
EXHIBIT A
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))
• 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.
Resolution No. 2015 -087 N.C.S. Page 13
EXHIBIT A
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.
'Y ASK 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.
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.
Fngineer 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 30 RFIs and is an estimate only. Actual requirements could vary.
Resolution No. 2015 -087 N.C.S. Page 14
EXHIBIT A
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 30
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
�. �rvices 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 2 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
prepare 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 8 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
punch list 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).
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
Resolution No. 2015 -087 N.C.S. Page 15
EXHIBIT A
Deliverable:
RFl 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 - Design Phase
Task 7.2 - Quality Assurance /Quality Control Design 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.
The project duration for construction is approximately 9 months, and will be further
defined during design tasks.
TASK 8 — AS- NEEDED SERVICES
Tnis 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.
Resolution No. 2015 -087 N.C.S. Page 16
EXHIBIT A
• 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 -087 N.C.S. Page 17
05/19/15
Task I 'IElpAgrb R"
1.1
Kickoff Meeting
2
$ 5,781
$ 1,240
$ 1,240
$ 7,516
$ 15,777
$ 351
$ 70
$ 70
$ 445
$ 936
$ 351
$ 70
$ 70
$ 445
$ 936
$ 6,132
$ 1,310
$ 1,310
$ 7,961
$ 16,713
1.2
Collect and Review Existing Data and Information
0-
1.3
Data Gap Identification and meeting Notes
0
1.4
Pond PS Screening Evaluation
4
Subtotal - Task 1
6-
Task 2 -'113�s_Js
Obestglw
2.1
Basis of Design Workshop
4
$ 7,059
$ 5,492
$ 3,516
$ 445
$ 351
$ 222
$ 445
$ 351
$ 222
$ 7,504
$ 5,843
$ 3,738
2.2
Basis of Design Cost Estimate
0
2.3
Basis of Design Summary
2
Subtotal - Task 2
6
$ 16,067
$ 1,018
$ 1,018
$ 17,085_
TAsk2 - F J�a
3.1
50% Plans and Specifications Submittal
4
�_85,316
$ 8,432
$ 9,408
$ 109,656
$ 8,432
$ 9,408
$ 70,056
$ 5,990
$ 562
$ 608
$ 7,628
$ 562
$ 608
$ 5,148
$ 5,990
$ 562
$ 608
$ 7,628
$ 562
$ 608
$ 5,148
$ 91,306
$ 8,994
$ 10,016
$ 117,284
$ 8,994
$ 10,01
$ 75,204
3.2
50% Cost Estimate
0
3.3
50% Submittal Review Workshop
0
3.4
90% Plans and Specifications Submittal
4
3.5
90% Cost Estimate
0-
3.6
90% Submittal Review Workshop
0
3.7
Bid Plans and Specifications Submitta
4
Subtotal - Task 3
12
$ 300,708
$ 21,106
$ 21,106
$ 321,814
T4W,4,Bid�AP#AWard1'_8
$ 4,824
$ 6,916
$ 2,216
$ 281
$ 468
$ 117
$ 281
$ 468
$ 117
$ 5,105
$ 7,384
$ 2,333
4.1
Pre-Bid Meeting
0
4.2
Addenda Preparation
2
4.3
Bid Evaluation
2-
Subtotal - Task 4
4
$ 13,956
$ 866
$ 866
$ 14,822_
5.1
Support Durin Environmental Permit Process
4
$ 6,204
$ 421
$ 421
$ 6,625
Subtotal - Task 5
4
$ 6,204
$ 421
$ 421
$ 6,625
Task 0-,15641"o0tog
S*vieei IJurIng,ConitrdctJJon�,,
6.1
Preconstriction Conference
2
$ 5,448
$ 24,796
$ 25,192
$ 304
$ 1,521
$ 1,521
$ 304
$ 1,521
$ 1,521
$ 5,752
$ 26,317
$ 26,713
6.2
Response to RF]s
2
6.3
Submittal Review
2
6.4
Construction Changes
2
$ 7,688
$ 16,128
$ 5,312
$ 7,788
$ 26,342
$ 468
$ 913
$ 304
$ 491
$ 2,036
$ 468
$ 913
$ 304
$ 491
$ 2,036
$ 8,156
$ 17,041
$ 5,616
$ 8,279
$ 28,378
6.5
Meeting / Site Visits
2
6.6
Startup and testing
2
6.7
Project Closeout
2
6.8
Record Drawings
2
Subtotal - Task 6
16
$ 118,694
$ 7,558
$ 7,558
$ 126,252
7.1
7
Project Management/Coordination, Invoicing, and City
Coordination
8
$ 11,712
$ 562
$ 562
$ 12,274
7.2
QA/QC Technical Review
20
$ 26,800
$ 11,712
$ 1,451
$ 562
$ 1,451
$ 562
_�_28,251
$ 12,274
7.3 113roject
Management/ Coordination ESDC
8
Subtotal - Task 7
36
$ 50,224
$ 2,575
$ 2,575
$ 52,799
77 -77�7
7
Task'6
TOTAL TASKS I to 8 W
$ 521,630
$ 34,480
$ 34,480
576410
Page 18