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Staff Report 4.C 08/01/2016
DATE: August 1, 2016 Agenda Item #4.0 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St!:J�hri, ASCE — Director, Public Works & Utilities Leah G. Walker, P.E. — Environmental Services Manager SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Carollo Engineers, Inc., for Engineering and Design Services for the Petaluma High Strength Waste Project and Revising the Project Budget RECOMMENDATION, It is recommended that the City Council Adopt the Attached Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Carollo Engineers, Inc., for Engineering and Design Services for the Petaluma High Strength Waste Project and Revising the Project Budget. BACKGROUND The City's Ellis Creek Water Recycling Facility ( ECWRF) has been in operation since early 2009 and currently processes an average dry weather daily flow of 4.8 MGD (million gallons per day). As described in previous Council meetings, wastewater loading increases and the need for process redundancy require the City to add a second anaerobic digester and other ancillary improvements. The second anaerobic digester at the ECWRF is scheduled to begin construction very soon and will be completed by May 2017. On January 4, 2016, the City accepted a $3 million grant from the California Energy Commission (CEC) to transform methane gas produced in the anaerobic digestion process into compressed natural gas (CNG), which will be used to fuel City refuse collection vehicles. The biomass feedstock to the anaerobic digester will be a combination of wastewater biosolids and high strength waste generated by Petaluma's food and beverage industries. This is the essence of the Petaluma Biomass -to- Biogas (13213) project, which is proposed for implementation in two phases. Phase 1 will produce CNG using only municipal wastewater biosolids, and includes the design and installation of the biogas conditioning system and fuel dispensing equipment. Phase 1 is being designed by Kennedy /Jenks Consultants, Inc., and is expected to start construction in April 2017. Phase 2 will allow addition of high strength waste that is trucked to the plant from industry and fed directly to the anaerobic digesters as further described below. DISCUSSION Phase 2 of the B2B project will include modification of facilities at the ECWRF to allow delivery and processing of high strength waste (HSW) generated by local industries in the production of food and beverages. HSW is a liquid waste from the processing of beer, creamery products, and poultry with organic concentrations that are too high to be discharged directly into City sewers. The strength of these HSW streams would overwhelm the liquids treatment process at the ECWRF. Instead, the HSW can be added directly to the solids treatment process as a feedstock to the anaerobic digesters, resulting in a significant increase in the amount of methane gas produced. Local industries currently haul HSW 90 miles roundtrip to Oakland or other locations, therefore creating a HSW receiving station at ECWRF will significantly reduce their hauling costs and emissions, while providing the City with a renewable fuel source, additional revenue, and reduction of greenhouse gas emissions of an estimated 3,000 tons per year. Phase 2 anticipates that one -half to two - thirds of the biomass feedstock will be generated by municipal wastewater solids from the ECWRF liquids treatment process while the remaining will be contributed by local industry based on a tipping fee to be determined to cover the City's cost of operations. In order to meet the CEC grant agreement timelines, engineering consulting services are required to perform design and construction services for Phase 2 of the 13213 project. The work will include: - modification of an existing unused concrete tank structure at ECWRF to become a HSW receiving station. - addition of mixing equipment to blend HSW with treated wastewater biosolids. - installation of pipelines and pumps to feed the blended feedstock mixture to the anaerobic digesters. - the inclusion of a second screwpress to dewater the digested biosolids to be housed in an addition to the existing screwpress building. Carollo Engineers are the original designers of the ECWRF and the current solids handling upgrade project that includes the second digester. They have significant expertise in all areas of wastewater treatment facilities design, permitting and operations and can meet the City's needs for the 13213 Phase 2 project within their project team located in nearby Walnut Creek. Their previous clients include Napa Sanitation District, City of Santa Rosa, City of South San Francisco, and City of San Mateo. Carollo has detailed knowledge of the ECWRF, having provided planning, design, and construction services for over 10 years in the development of the plant. Many of the Carollo team members, including the proposed project manager, were involved in the original design of the facility. Carollo staff is very familiar with ECWRF operations and maintenance staff, other similar regional facilities, and the regulators at the San Francisco Bay Regional Water Quality Control Board. The proposed Professional Services Agreement (PSA) includes the following tasks: Background review and pre - design report for $53,212; Final design for $416,797; Bidding and construction engineering services for $185,993; and Environmental, support services, and project management for $151,357. The scope of work is included in the PSA, included herein as Attachment 2. Project and construction management services will be provided by City staff. 0) The schedule for the HSW phase of the B2B project envisions completing the design by May 2017 and selecting a contractor by July 2017. The construction is estimated to take up to 12 months. The design of Phase 2 was initially expected to occur in FY 17/18 after completion of the design of the Phase 1 CNG project. However, Carollo is available to-begin design immediately, allowing the full project to be completed by June 2018, over a year earlier than anticipated. This will allow the City to fulfill the CEC grant requirements and achieve the other project benefits earlier than initially expected. However, these changes in the project schedule will require an adjustment to the FY 16/17 CIP budget as discussed below. ' The proposed action meets the following Council Goals: • Sustainability Practices — Seek Funding For and Implement Projects to Beneficially Utilize Bio- methane Produced as a Byproduct of Wastewater Treatment. • Improve Business - Friendly Practices for Collection, Treatment and Disposal of Wastewater — Complete Solids Treatment Improvements to Allow for the Acceptance of High Strength Waste. The proposed action meets the following City of Petaluma, General Plan 2025 Goals: • 4 -G -4 Reduce reliance on non - renewable energy sources in existing and new development. • 4 -G -6 Reduce the contribution of greenhouse gases from existing sources and minimize the contribution of greenhouse gases from new construction and sources. FINANCIAL IMPACTS The proposed services were anticipated in the Ellis Creek High Strength Waste Facilities project, designated C66401728 in the CIP Budget. However, because of the project schedule changes, the Phase 2 (HSW) design will occur in FY 16/17, not FY 17/18 as shown in CIP budget, and construction will occur in FY 17/18 instead of FY 18/19 through FY 19/20. Furthermore, the current estimated construction costs for the 13213 Phase 2 are higher than initial estimates. Therefore, the FY 16 -17 projected budget requires revision and the CIP budget for the project will also need to be amended in future budgets as necessary, with total costs increasing by approximately $4.5 million. Due to the cost savings on the related Solids Handling Project (066501305) generated from lower than estimated construction bids, there are sufficient funds within the FY 16/17 Wastewater CIP budget to cover the cost increases on the subject project. The table below shows the existing CIP budget while the following table summarizes the proposed CIP budget revision. CURRENT BUDGET ADOPTED CIP Budget High Strength Waste Project C66401728 dollars in $000 FY 16 -17 FY 17 -18 FY 18 -19 FY 19 -20 FY 20 -21 Total. Estimate Planning/Environmental 20 20 Land & Easements Design 583 248 25 248 Legal Services Administration 100 124 124 Construction Contracts 5,600 2,163 2,163 Construction Mgmt. 560 248 248 Contingency 560 448 448 CIP Overheads Total 20 372 2,859 3,251 PROPOSED BUDGET REVISED CIP Budget High Strength Waste Project C66401728 dollars in $000 FY 16 -17 FY 17 -18 FY 18 -19 FY 19 -20 FY 20 -21 Total Estimate Planning/Environmental 20 20 Land & Easements Design 583 200 25 808 Legal Services Administration 100 148 248 Construction Contracts 5,600 5,600 Construction Mgmt. 560 560 Contingency 560 560 CIP Overheads Total 703 7,068 25 7,796 DIFFERENCE +683 1 +6,696 -2,834 +4,545 The recommended action includes revising the FY 16 -17 project budget as shown above and to authorize the transfer of $683,000 in FY 16/17 to this project from the Solids Handling Project, C66501305. The budget transfer will be brought forward in conjunction with the first quarter budget adjustments. Future needs beyond FY 16/17 will be reassessed each year during the City's annual budget process and be subject to Council review and approval at that time. ATTACHMENTS 1. Resolution 2. PSA 0 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR ENGINEERING AND DESIGN SERVICES FOR THE PETALUMA HIGH STRENGTH WASTE PROJECT AND REVISING THE PROJECT BUDGET WHEREAS, the City of Petaluma proposes to implement the Biomass- to- Biofuel Improvements (13213 Improvements) which would modify the Ellis Creek Water Recycling Facility (ECWRF) to accept High Strength Waste (HSW) from local food and beverage industries and convert it to compressed natural gas (CNG) for use in City vehicles; and WHEREAS, the construction of a second anaerobic digester and appurtenant facilities, installation of gas scrubbing and compression equipment and a Compressed Natural Gas fueling facility, and construction of HSW handling facilities, which correlates to Phase 2 of the 13213 Project, will increase the production capacity of bio- methane at the ECWRF; and WHEREAS, the 13213 Improvements implement the original objectives of the Ellis Creek Water Recycling Facility Project, namely to "develop an economically and ecologically sustainable Water Recycling Facility "; and WHEREAS, the City of Petaluma General Plan 2025 recognizes the importance of reducing reliance on non - renewable energy sources, and encourages the use and development of renewable or nontraditional sources of energy of which the 13213 project is estimated to produce 150,000 gallons of gasoline equivalent per year of CNG; and WHEREAS, the City of Petaluma General Plan 2025 recognizes the importance of reducing greenhouse gas emissions of which the 13213 project is estimated to reduce by approximately 3,000 tons per year; and WHEREAS, the California Energy Commission, at its business meeting on March 9, 2016, awarded a $3 million grant to the City of Petaluma, subject to meeting deadlines specified in the grant agreement; and WHEREAS, this project requires the services of a quality professional engineering firm familiar with the project and experienced in design of HSW facilities; and WHEREAS, Carollo Engineers, Inc., has significant expertise in all areas of wastewater - treatment facilities design, permitting and operations, and recently completed the design of the solids handling expansion project for the ECWRF; and WHEREAS, it is recommended the City execute a professional services agreement with Carollo Engineers, Inc., for engineering and design services for the HSW project at ECWRF; and WHEREAS, the schedule for the HSW project has been accelerated and the estimated costs for the project have increased thereby necessitating a CIP budget amendment; and WHEREAS, there is sufficient funding of the Solids Handling Project, CIP C66501305, to allow transfer of necessary funds to the subject project without creating an unbudgeted impact on the wastewater enterprise fund. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma hereby: 1. Authorizes an increase in the FY 2016/17 Capital Improvement Budget for the High Strength Waste project (C66401728) of $683,000. 2. Directs the City Manager to include the budget adjustment and fund transfer in the first quarter budget adjustment. 3. Authorizes and directs the City Manager to execute a Professional Services Agreement for engineering and design services with Carollo Engineers, Inc., for the High Strength Waste Project at the Ellis Creek Water Recycling Facility in the amount not to exceed $807,359. on Attachment 2 PROFESSIONAL SERVICES AGREEMENT Engineering and Design Services for the Petaluma High Strength Waste Project (Title of Project) FY 16/17 Fund # 6600 Cost Center 66999 Object Code 54110 Project # C66501518 Amount $582,359 For multi -year contracts or contracts with multiple accounts: FY 17/18 Fund # 6600 Cost Center 66999 Object Code 54110 Project # C66501518 Amount $200.000 FY 18/19 Fund # 6600 Cost Center 66999 Object Code 54110 Project# C66501518 Amount $25,000 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 city use only) 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: 2. 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 "). 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 $807,359 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. 1 PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 7 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 December 31, 2018, 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. 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 2 PROFESSIONAL SERVICES AGREEMENT (60932 1) August 2015 8 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 PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 9 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 Waae 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 PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 10 (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, RASCE - Director Department of Public Works and Utilities 202 N. McDowell Blvd. Petaluma, CA 94954 Phone: (707) 778 -4546 Fax: (707) 206 -6034 Email: dst oh@ci.petaluma.ca.us Consultant: Lydia Holmes, P.E., Principal -in- Charge Carollo Engineers, Inc. 2700 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94598 Phone: (925) 932 -1710 Fax: (925) 930 -0208 Email: LHolmes@carollo.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 alleged 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. PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 1 1 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. The Consultant's responsibility of such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken to, and shall not in any way be limited by, the insurance obligations contained in 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. PROFESSIONAL SERVICES AGREEMENT 12 (609321) August 2015 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. 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 fall 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 7 PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 13 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. 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 35, Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard.. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director CONSULTANT Address City State Zip $r6 - c2i9992 -2 2 Taxpayer I.D. Number L- 0?,o 3q RG Petaluma Business Tax Certificate Number PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 14 EXHIBIT A ELLIS CREEK WATER RECYCLING FACILITY BIOGAS- TO- BIOFUEL PROJECT PHASE 3: HIGH STRENGTH WASTE FACILITIES PROJECT SCOPE OF WORK CITY OF PETALUMA AND CAROLLO ENGINEERS, INC. (ENGINEER) PROJECT UNDERSTANDING The City of Petaluma (City) was recently awarded a grant from the California Energy Commission (CEC) for the Biogas-to- Biofuel (13213) Project. The primary goal of the 13213 project is to convert high strength waste (HSW) from local food and beverage manufacturers into compressed natural gas (CNG). The CNG will then be utilized to fuel the City's fleet of waste collection vehicles, which will allow the City to reduce its dependence upon fossil fuels through resource recovery. The 13213 project has been sub - divided into three discrete phases, as follows: Phase 1, Solids Process Upgrades Project: This project provides for additional sludge thickening and digestion capacity, and includes a new 550,000- gallon anaerobic digester with new digested sludge heating and mixing equipment. The project also includes hot water system capacity upgrades. It has bid and construction is anticipated to start in July 2016 (Carollo design). Phase 2, Biogas Processing Unit and CNG Fueling Project: The project elements include a new gas conditioning skid, gas conveyance pipelines, and a new CNG compressor and fueling station. It is estimated that the design of this project will be completed in spring 2017 (by others). Phase 3, HSW Facilities Project: The project elements include modifications to the existing acid -phase digester and equipment pad to receive and convey HSW to the existing and new (Phase 1) anaerobic digesters. The project also includes the design and construction of new redundant solids dewatering facilities. It is estimated that the design of this project will be completed in spring 2017. This scope of work outlines the HSW Facilities of the 132B Project, which includes the following facility improvements: New HSW Receiving Station to allow for receipt and handling of liquid HSW. Modifications to re- purpose the acid phase digesters to HSW storage tanks, including mixing and heating. Yard piping for HSW transfer to the anaerobic digesters. pw:1 \CarolloWocuments \Client\CA \Petaluma \_Proposals \Ellis Creek Sollds Processing\EchlbltA Petaluma HSW B213 Carollo Scope.docx Page 1 of 12 July 5, 2012 15 EXHIBIT A Addition of redundant FKC screw press to match the existing screw press. Expansion of the screw press building to accommodate the redundant unit. METHOD OF PAYMENT AND PROJECT SCHEDULE Compensation is on a time and materials basis, per Exhibits B -1, B -2 and B -3. Project schedule is provided as Exhibit C and assumes Contract will be approved at the August 1, 2016 City Council meeting. 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 pre - design and final design through bidding, and engineering services during construction (ESDC). It is anticipated that construction management will be provided by the City's construction manager. TASK 1 - HSW 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. A kickoff meeting will be conducted with City management, operations and maintenance personnel, and other key staff to review the scope of the design project, project elements, and obtain background information from the City. The City will invite the CNG design consultant as well. The data request will include the following; • Recent assessments and market analysis of liquid HSW in the service area, including volumes, waste characteristics including strength (BOD and TSS), and number of loads or truck trips anticipated. • Pretreatment monitoring data for industries that may divert directly to the HSW facilities. • Design criteria for the additional components and process units, including coordination with the CNG project. • Level of service requirements, The information listed above will be provided by the City and reviewed based on the work completed since the plant was commissioned. The City will furnish Engineer with all available studies, reports, and other data pertinent to Engineer's services; obtain or authorize Engineer to obtain additional reports and data as required; and furnish services of others required in the pw.\ kCarolloTocumentslClient \CATetalumaLProposalsOlis Creek Solids ProcessinglExhihit A Petaluma HSW B213 Carollo Swpe.docx Page 2 of 12 July 5, 2012 16 EXHIBIT A performance of Engineer's services. Engineer will 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 Task 2, Pre- Design. 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 Deliverables: • Kick -off meeting notes. TASK 2 — HSW PRE - 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 HSW process additions will be evaluated, and recommendations for final design will be presented. The pre - design evaluation will incorporate the following: • Process design criteria and sizing, including development of a simple solids balance process model • Review of HSW characteristics and quantities based on information from the City. • Review of digester gas production and storage requirements. • Lessons learned from site visits to two local HSW facilities. • Preliminary process layout for new equipment. • Technology upgrades where required, such as screw press. • Level of automation and controls. • Integration with existing plant process. • Utility requirements. • Safety considerations. • Construction phasing, sequence, and constraints. • Environmental or permitting support needs (provided by others). • Geotechnical information review (provided by others). pvr.\\CarollalDocuments\ Client lCA \PetalumaLProposals\Ellis Creek Solids PmcessinglExhihit A Petaluma HSW B28 Carollo Scope.docx Page 3 of 12 July 5, 2012 17 EXHIBIT A Engineer will conduct a workshop in order to define and finalize the scope and cost of final design elements. The findings and recommendations for HSW evaluation 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 Pre - Design Subtasks includes the following: Task 2.1 -- Pre - Design Evaluation and Report Task 2.2 -- Pre- Design Cost Estimate Task 2.3 -- Pre - Design and CNG Project Coordination Workshop Deliverables: • Field notes from HSW facility site visits. • Pre - Design Report. • Pre - Design Cost Estimate. • Pre - Design Workshop Materials in PowerPoint format. • Pre - Design Workshop Meeting Notes. Assumptions: The City will provide all data required to evaluate the proposed improvements. The City will provide data on HSW characteristics and quantities. The City will provide information on required digester gas storage. TASK 3 — HSW 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 project evaluated during Tasks 1 and 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. pw:UCamllotDocuments\ Client \CA\Petaluma\—Proposals\Ellis Creek Solids ProcessingTxhibit A Petaluma HSW 8213 Carollo Scope.docx Page 4 of 12 July 5, 2012 18 EXHIBIT A Drawings will be prepared on a computer -aided design drafting (CAD) system using Engineer's CAD drafting standards. Construction drawings will include general, typical details, demolition, civil, structural, mechanical, HVAC, electrical, and instrumentation disciplines. Specifications will be prepared using the City's front -end (Division 0) contract documents and Engineer's technical specifications (Divisions 1 through 17). Divisions 1 through 17 will be prepared using Engineer's standard CSI format. City - prepared front-end contract documents will include general bidding requirements, general conditions, and special conditions. During the final design period, Engineer will prepare and submit two 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 documents that will also be submitted concurrently to Engineers 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 bid set design submittal, which will be signed and sealed by registered professional engineers in California. Changes following the bid set design submittal will be made by addenda during the bid and award period. 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 pw;\ \CarolloTocuments \Client \CA\Petalumal Proposals\Ellis Creek Solids ProcessingTAit it A Petaluma HSW B2B Carollo Scope.docx Page 5 of 12 July 5„ 2012 19 EXHIBIT A Task 3.3 — 50 Percent Submittal and CNG Project Coordination 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 drawings and specifications delivered as electronic PDF. • 90 percent design submittal including drawings and specifications delivered as electronic PDF. • Bid set submittal including signed and sealed drawings and specifications (one electronic full -size PDF copy ready for printing). • Construction cost estimates (approximately one week after each design submittal). • Workshops meeting notes. 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. • The City will provide front -end contract documents in electronic format to Engineer for review at least three weeks before the 90 percent design submittal date. • 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. ptul\ CarolloVocumenis\ Chent \CATetalumcl_ProposelslEllis Creek Solids Processing\Exhibit A Petaluma HSW H2B Camllo Scope,docx Page 6 of 12 July 5, 2012 20 EXHIBIT A 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 /PERMITTING 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 subtask 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 -- CEC GRANT REPORTING ASSISTANCE Engineer will coordinate with.and support the City's and CNG design consultant, who will interface with the CEC for the duration of the project. Preliminary design documents will be provided in electronic format for use in CEQA and other permitting documents. pw:k\ Carollol DocumentslCllentkCA \PetalumaLProposals\Ellis Creek Sollds ProcessinglExhibit A Petaluma HSW B2B Carollo ScoNAnx Page 7 of 12 July 5, 2012 21 -:cry The CEC Grant Reporting Assistance subtask will include: Task 6.1 — CEC Grant Reporting Support Deliverables: HSW project design and construction schedule updates. Interim project status report. Final project assessment with regards to achievement of project goals and objectives. Final assessment will also include recommended next steps for project and recommendations for improvement. Assumptions: The City's grant application and CNG design consultant will interface directly with the CEC. Carollo will support this effort, but will not attend meetings with the CEC. TASK 7 -- ENGINEERING SERVICES DURING CONSTRUCTION The City intends to complete construction using their in -house construction manager (CM) and inspectors. Engineer will provide office support for CM, including the following ESDC tasks listed below. Engineer will attend the pre- construction conference convened by the City and its CMS. Attending this conference will be Engineer's project manager, project engineer, CM, and City project manager. Engineer will respond to formal RFIs issued by the CM. Routine RFIs that do not relate to design intent are assumed to be handled by the City's CM. 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 estimated 30 RFIs with an average of four hours per formal RFI, plus administrative and clerical time. This budget for RFIs is an estimate only, and 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 CM. All review comments by Engineer will be submitted directly to the CM using a standard written format. In general, incomplete submittals will be immediately rejected. The budgeted amount of labor is based on an average of six hours per submittal and a total of 30 submittals. For budgeting purposes, 25 percent 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 four 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 petal CarollolDocumentslChentlCA \Petalumal_Proposals\Ellis Creek Solids ProcessingOhihitA Petaluma HSW B2B Carollo Scope.doox Page 8 of 12 July 5, 2012 11%,, EXHIBIT A proposed change orders will be issued by the CM using a standard written format, and that Engineer will respond directly to the CM. 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 three 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 CM. It is assumed that the CM 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 eight 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 CM. 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 CM. 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 CM. 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 CM into the drawings and provide record drawings. Record drawings will not include Engineer's seal or signature. Record drawings will be provided to the City in electronic format only (AutoCad and PDF). The ESDC subtasks will include: Task 7.1 — Pre - Construction Conference Task 7.2 — Response to RFls Task 7.3 — Submittal Review Task 7.4 — Construction Change Assistance Task 7.5 — Meeting /Site Visits Task 7.6 -- Startup and Testing Task 7.7 — Project Closeout Task 7.8 — Record Drawings pvr.\\ Carollo\ DocumentslCllentlCA \Petaluma\_Proposals \Ellis Creek Solids Processing \Exhibit A Petaluma HSW 826 Carollo Scope.docx Page 9 of 12 July 5, 2012 23 EXHIBIT A Deliverables: • RFI responses. • Submittal review comments. • Change order review comments. • Start -up plans. • Record drawings in electronic format. Assumptions: • The City will provide third -party construction management and inspection for this project. TASK 8 - OPERATIONS AND MAINTENANCE MANUAL (O &M MANUAL) Engineer will prepare inserts for the City's operations and maintenance (O &M) manual that will meet the RWQCB requirements and also provide the City with the necessary information to operate and maintain the upgraded facilities in an efficient and reliable manner. The O &M manual inserts will be provided in pdf format and will generally have one chapter for each major unit process improved or modified as part of this project and the Phase 1 Solids Handling Upgrades Project. Each chapter will include the following sections: 1. Introduction 2. General Operations Description 3. Design Criteria 4. Component/Equipment Listing 5. Process Control Strategy 6. Standard Operating Procedures (SOPs) for the following: a. Normal Operation b, Startup C. Shutdown Deliverables: • O &M chapter inserts in pdf (or MS Word) format for the following process areas: — Thickening — Digestion — Hot Water — Digester Gas — High Strength Waste (new chapter) pw:UCarolloDocuments\ Client \CATetalumaLproposals\EIIIs Creek Solids ProcessingExhibit A Petaluma HSW 1326 Carollo Scope.docx Page 10 of 12 July 5, 2012 24 EXHIBIT A Dewatering As an optional task (not included in the fee estimate), an Electronic Operations and Maintenance (EOM) system can also be developed. The EOM software platform would be based on Microsoft SharePoint, an electronic content management system, and would contain the same information that will be included in the pdf format version. Using the EOM, City staff would be able to access all of the O &M information in an electronic format with an easy -to -use, graphical, user interface. The EOM will also be implemented in a manner that will allow for future integration with other information sources such as a Computerized Maintenance Management System (CMMS), a Laboratory Information Management System (LIMS), and Supervisory Control and Data Acquisition System (SCADA). If desired, the EOM framework could be developed for the City and training could be provided so that City staff could populate it themselves with data at a later date. TASK 9 - 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 9.1 — Project Management -- Design Phase Task 9.2 — Quality Assurance /Quality Control Design Review Task 9.3 — Project Management — ESDC Construction Phase Deliverables: Monthly invoices and progress letter reports. Meeting agendas, presentation materials, and meeting notes. Decision log. pm\ \Carollo\ Documents\ Client \CA\PetalumaLProposalslFllis Creek Solids ProcessingWAlbit A Petaluma HSW B2B Carollo Scope.docx Page 11 of 12 July 5, 2012 01 EXHIBIT A Assumptions: The project duration for design tasks is eight to nine 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 nine months, and will be further defined during design tasks. TASK 10 - AS- NEEDED SERVICES This task consists of an allowance for project unknowns. This allowance will 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 will show the Task 3 history and totals authorized, allowing for ongoing monitoring of funds not yet committed. p�u \\CarollolDocuments\ Client \CA1Petaluma \_ProposalsWJ[is Creek Solids ProcessingOhlbltA Petaluma HSW 828 Camllo Scope,docx Page 12 of 12 July 5, 2012 26 EXHIBIT B -1 ELLIS CREEK WATER RECYCLING FACILITY BIOGAS- TO- BIOFUEL PROJECT PHASE 3: HIGH STRENGTH WASTE FACILITIES PROJECT COMPENSATION TERMS Compensation will be on a time and materials basis not to exceed $807,606, per Exhibit B -2, Engineering Services Fee Estimate. Labor rates are per Exhibit B -3, Fee Schedule. pw: IkCarollolDocumentsIClientlCAlPetaluma l_ProposaislEllis Creek Solids ProcessinglPetaluma Exhibit 13•1 Petaluma 13213 HSW Compensation.docx Page 1 of 1 July 5, 2012 27 EXHIBIT B -Y. CITY OF PETALUMA ELLIS CREEK WATER RECYCLING FACILITY 010GAS- TO-BIOFUEL PROJECT PHASE 3: HIGH STRENGTH WASTE FACILITIES PROJECT ENGINEERING SERVICES FEE ESTIMATE Exhibit B -2 PHaiuma HEW S2B Estimated F,,x 7 7/5/28/6' 28 MENEM= min m • - 0000000000 o ©oa00000�mE��m ®��m�m m oom0ooaoo� m • - • 0 ©0000000m•�m��m m • oa00a0000mm�� m ®oo0ooaoom���Tm�� ®� •� a0o00omo ®m��m�m m m •- 000mooaoomm��E�m�m aoom00000 ®m����� m• - - 000m000000��m m•,. m: - oaomao�����mm ©00000 m 000000.0.00 ©���m�� - - o00000000 ®m��n�� m ©00ooa�o0 ®m ® ®m�� � -- ©000O000O0�m��m m ©v ©om0000000m�mmamam ®0ooaoom•�� m" :' .. 000000m�o� 0mao00 ®om Hm • o m0mo00oommo��:,�m� ©om000 ®oom�omam�•r ® _ ©000000aomm�m��nm�m m • . • . ©000�ioaoa ©m�m�n� m om ® ®� ®0m•omm����m�� � ©00�00000��@IDFSEE7ifFi I ® ®00am•oaoom•m�mKnoo Exhibit B -2 PHaiuma HEW S2B Estimated F,,x 7 7/5/28/6' 28 EXHIBIT B -3 ELLIS CREEK WATER RECYCLING FACILITY BIOGAS- TO- BIOFUEL PROJECT PHASE 3: HIGH STRENGTH WASTE FACILITIES PROJECT CAROLLO ENGINEERS, INC. FEE SCHEDULE As of January 1, 2014 California Engineers /Scientists Assistant Professional $154.00 Professional 188.00 Project Professional 224.00 Lead Project Professional 244.00 Senior Professional 265.00 Technicians Technicians 138.50 Senior Technicians 162.00 Support Staff Document Processing / Clerical 102.00 Project Equipment Communication Expense 11.70 (PECE) Per DL Hour Other Direct Expenses Travel and Subsistence at cost Mileage at IRS Reimbursement Rate $.56 per mile Effective January 1, 2014 Subconsultant cost + 10% Other Direct Cost cost + 10% Expert Witness Rate x 2.0 This fee schedule is subject to annual revisions due to labor adjustments. 29 ExhlbltC Update 06/30/16 City of Petaluma Ellis CreekWRF HSW Upgrades ID Task Name Duration Start (Dr2, 2016 1 Cor 3 2016 gtr4 2016 trl 2017 tr2 2017 Ira 2017 it4 2017 Vl 2018 tr2 2018 Qtr 3. 2018 Apr May Jun Jul Aug Se Oct Nav Dec lan Feb Mar Apr May Jun Jul Au Se Oct Nov Dec lan Feb Mar I A r av Jun Jul Au 1 HSW Upgrades 471 days Mon 8 /1/16 Mon 5 121/18 Task 1 Background Review 17 days Mon 811/16 Tue 8123/16 Council Mtg 0 days Mon 8/1/16 Mon 8/1/16 Notice to Proceed 0days Mon 8/8/16 Mon 818116 Kickoff Meetingwith Cityand KJ 0days Wed 8/10/16 Wed 8/10/16 Background Review 10 days Wed 8/10/16 Tue 8/23/16 Task Z Pre - Design 30 days Wed 8/24/16 Tue 10/4/16 Pre - Design Evaluation and Report 20 days Wed 8/24/16 Tue 9/20/16 Pre-Deslgn Workshop 0days Tue 9 /20/16 Tue 9 /20/16 Pre - Design Review and Comment 5days Wed 9 /21/16 Tue 9 /27/16 Finalize Report 5 days Wed 9/28/16 Tue 10/4/16 Task 4 Final Design 150 days Wed 10/5/16 Tue 5/2/17 Final Design to 50 Percent 55 days Wed 10/5116 Tue 12/20/16 50 Percent Workshop 0 days Tue 12/20/16 Tue 12/20/16 50 Percent Review and Comment 10 days Wed 12 /21 /16TUe 1/3/17 Final Design to 90 Percent 55 days Wed 114/17 Tue 3/21/17 90 Percent Workshop 0days Tue 3121/17 Tue 3/21/17 90 Percent Review and Comment 10 days Wed 3/22/17 Tue 4/4/17 Final Design to Bid 20 days Wed 4/5/17 Tue 5/2/17 Tasks 5 and 8 Construction Services 274 days Wed 5/3/17 Mon 5/21/18 Bid 15 days Wed 5/3/17 Tue 5/23/17 Award 45 days Wed 5/24/17 Tue 7/25/17 ESDC 10emons Tue 7 /25/17 Mon 5/21/18 WetW.athc, 129 days Wed 11 /1/17 Mon 4 /30/18 V" • all •8/8 *8/10 9/20 12/20 /21 - - -� -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Project: Petaluma Initial Schedule Date:Thu6 /30/16 Task Project Summary 1 Inactive Milestone i Manual Summary Rollup Deadline $ Split Eternal Tasks ° " -- Inactt eSummary C°7 Manual5ummary Progress Milestone ♦ External Milestone O Manual Task '-" -' Starhonly E Summary Inactive Task 0 Duration -only .- . - - - -- Fnish-anly 3 Exhibit C Petaluma HSW Upgrades Schedule.mpp 1 Thu 6120/16