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HomeMy WebLinkAboutResolution 2017-005 N.C.S. 01/09/2017Resolution No. 2017 -005 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RMC WATER AND ENVIRONMENT FOR REGULATORY ASSISTANCE WITH THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City of Petaluma is required to implement and enforce its approved pretreatment program in accordance to Federal Pretreatment Regulations and the Clean Water Act; and WHEREAS, the National Pollutant Discharge Elimination System permit for the Ellis Creels Water Recycling Facility requires the evaluation of local limits pursuant to 40 CFR §403.5; and WHEREAS, to protect its operations and ensure that discharges comply with State and Federal requirements, the City is required to design the local limits based on site specific conditions; and WHEREAS, the National Pollutant Discharge Elimination System permit for the Ellis Creek Water Recycling Facility requires the City properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, which are installed or used by the City to achieve compliance with conditions of the permit; and WHEREAS, evaluating and updating the local limits meets the Council goal of focusing attention of supporting food and beverage processing, manufacturing, and alternative energy business clusters, and companies focused on sustainability and community benefits; and WHEREAS, the outfall pipeline for the Ellis Creek Water Recycling Facility requires repairs conducted in compliance with all State and Federal permit requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: Resolution No. 2017 -005 N.C.S. Page 1 1. Approves the Professional Services Agreement attached as Exhibit A for the Ellis Creek Water Recycling Facility Regulatory Support in the amount of $101,411.00 for a period of twenty -four months through February 28, 2019. 2. Authorizes the City Manager or his designee to execute said agreement on behalf of the City of Petaluma. Under the power and authority conferred upon this Council by the Charter of said City. Resolution No. 2017 -005 N.C.S. Page 2 Exhibit A PROFESSIONAL SERVICES AGREEMENT Ellis Creek Water Recycling Facility Regulatory Support (Title of Project) FY 16/17 Fund 116600 Cost Center 66400 Object Code Project 1154140 Amount $13:857 For multi -year contracts or contracts with multiple accounts: FY 16/17 Fund # 6600 Cost Center 66700 Object Code Project # 54140 Amount $12 )8 FY 16/17 Fund # 6600 Cost Center 66700 Object Code Project X1541 SO Amount $12.867 FY 17/18 Fund 1# 6600 Cost Center 66400 Object Code Project # 54140 Amount $17.833 FY 17/18 Fund It 6600 Cost Center 66700 Object Code Project 1154140 Amount $16.S60, FY 11L_18 Fund # 6600 Cost Center 6"Q Object Code Project # 54150 Amount $16,559 FY 18/19 Fund # 6600 Cost Center 66_ 400 Object Code Project # 5 140 Amount $3.803 FY 18/19 Fund 1/ 660 Cost Center 6, 6700 Object Code Project 1154140 Amount $3,532, FY 18(19 Fund ## 6600 Cost Center ri 00 Object Code Project # 54150 Amount $3,532 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 RMC, a Woodard & Curran Company, a environmental consultant ( "Consultant ") (collectively, the "Parties "). WHEREAS; the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services "). 2, Compensation, Business Tax Certificate. A, For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. G, 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 $ 101,411.00 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. Resolution No. 2017 -005 N.C.S. Page 3 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. 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 February 28, 2019, 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 (1.4) 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. S. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement, Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement, It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. &. Facilities and Ectuinment. 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, Resolution No, 2017 -005 N.C.S. Page 4 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. 91 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 fiirnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations; opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality, In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. 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 shalt 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 Resolution No. 2017 -005 N.C.S. Page 5 Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15, Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City, Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring wnd 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. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit D, which is attached to and made a part of this Agreement. 19. 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 tune. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit 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. Resolution No. 2017 -005 N.C.S. Page 6 20. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first -class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day.. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerk@ci.petalunia.ca,.us And: Citv of Petaluma - Public Works & Utilities Dept. Dan St. John 11 English. Street Petaluma, CA 94952 Phone: 707- 776.3728 Fax: 707 -656 -.4067 Email: cthompson(a7,ci.petaluma.ca.us Consultant: David Richardson RMC a- Woodard & Curran Company 2175 North California Blvd. , Ste. 315 Walnut Creek CA 94596 Phone: 925 - 627-4100 Resolution No. 2017 -005 N.C.S. Page 7 Fax; 952 -627 -4101 Email; drichardson@woodardcurran.com 22, Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 23. 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. The Consultant's obligation to indemnify, defend and Bold 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 filly 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. Resolution No. 2017 -005 N.C.S. Page 8 Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B -2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., 7h-1, " "B -2 " "B-3, " or "B-4. "] 25. .Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 27. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall 'not be construed against the drafter of the Agreement. 28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma; State of California. 29. Non- Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect, 30, Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. Resolution No. 2017 -005 N.C.S. Page 9 33. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer 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. 34. Headings, The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 35. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 36. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONSULTANT By City Manager Name Resolution No. 2017 -005 N.C.S. Page 10 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director e s',? Je4j Titl 2,17 X4 f A f � � �, PIS,, Address j A City State Zip 9 q-3-2— Taxpayer T,D, Number L I cerj �Z, L - ( )qq 8lly Petaluma Business Tax Certificate Number file name; saenvironmental services / Pretreatment /Local limits /ECWRP Regulatory Support - PSA Resolution No. 2017 -005 N.C.S. Page 11 City of Petaluma Professional Services by RMC, a Woodard & Curran Company Scope of Services Regulatory Support for NPDES Permit Compliance December 5, 2016 RMC, a Woodard & Curran Company, will provide professional services in support of the City of Petaluma's (City's) wastewater and stormwater programs, focusing in particular on implementation of NPDES Permit No. CA0037810 (Permit) for the Ellis Creek Water Recycling Facility (Facility) and compliance with the City's NPDES permit for stormwater as a small municipal separate storm sewer system ( "MS4 Permit "). The Facility Permit was most recently reissued by the San Francisco Regional Water Quality Control Board as Order No. R2 -2015 -0014 with an effective date of June 1, 2016. The Facility Permit allows discharge to the Petaluma River from October 21 through April 30 of each year, and prohibits most discharges to the Petaluma River from May 1 through October 20 of each year. The Permit requires completion of a Local Limits Assessment, which is described in Task 2 of this scope of work. An outfall pipeline conveys treated wastewater from the Facility to the Petaluma River. The City is planning to replace up to 3,000 feet of the outfall pipeline over the next two years. Dewatering of the pipeline and pipeline trench will be required during rehabilitation, as well as during mobilization and testing related to the rehabilitation. Regulatory support for dewatering is described in Task 1 of this scope of work. The scope of services is organized into the tasks described below. Schedule information is included assuming RMC receives notice to proceed by February 1, 2011 A fee estimate associated with the tasks and schedule is shown on page 6. Task 1-- NPDES Permit Support for Dewatering Activities During rehabilitation of the outfall pipeline, the City plans to discharge the mixture of surface water, groundwater, and residual secondary- treated wastewater in the outfall pipeline and trench to a tidal slough located south of the Facility and adjacent to the outfall pipeline. The water cannot be sent back to the Facility because of elevated salinity, which interferes with water recycling. The City is enrolled as a municipal stormwater discharger in the State's general NPDES permit for storm water discharges from small municipal separate storm sewer systems ( "MS4 Permit "). Section B.3 of the MS4 Permit covers non - stormwater discharge to Resolution No. 2017 -005 N.C.S. Page 12 surface water of "diverted stream flows" and "uncontaminated pumped ground water." The MS4 Permit also provides coverage for stormwater discharges from construction sites smaller than one acre. It is anticipated that the construction site area will not exceed one acre for preliminary work, but it may exceed one acre if the City replaces a longer pipeline segment. RMC will first conduct a phone meeting with City staff to determine a suitable way to obtain NPDES permit coverage for dewatering of the pipeline and trench during pipeline rehabilitation. RMC will also consult with Regional Water Board staff to confirm the permitting approach. Once the approach is confirmed, RMC will prepare a technical memorandum that describes the plan for surface water quality protection during dewatering, including the dewatering location, water quality considerations, and expected volumes of water to be discharged. This technical memorandum would be suitable for submittal to the Regional Water Board, if needed. Project management tasks such as general communications, progress reporting, and invoice preparation are also included. Schedule. Dewatering for pipeline inspection and rehabilitation is expected to take place during one or more times over the next two years (February 2017 — February 2019), and rehabilitation could occur in several phases. The fee estimate assumes that the same permitting approach, will be used regardless of schedule. RMC will produce up to three different editions of the dewatering technical memorandum to describe different phases of the project. Assumptions: • The fee estimate assumes that dewatering can be covered as a non- stormwater discharge under the City's MS4 permit, rather than by the alternate approaches such as obtaining a separate NPDES permit or by enrolling in the Construction General Permit. This approach should be confirmed with Regional Water Board staff, as the alternative approaches require a greater level of effort. ® City staff will provide relevant background information including the boundaries of the construction site, anticipated dewatering volumes, and the Best Management Practices that will be used during dewatering. s RMC will provide one draft version of each edition of the dewatering technical memorandum, then finalize based on comments fi-orni City staff. Task 2 — Local Limits Assessment and Report RMC will conduct an evaluation of the need to revise existing local limits as required by Provision VI.C,5.a.(1).d of the City's current NPDES permit and USEPA's Local Limits Development Guidance (Tiny 2004). RMC will prepare a Local Limits Assessment Report suitable for submittal to the Regional Water Board. The work will be divided into several subtasks, as described below. Project management tasks such as general communications, Resolution No. 2017 -005 N.C.S. Page 13 progress reporting, and invoice preparation are also included with each subtask. The Permit listed a deadline of November 28, 2016 for submittal of the Local Limits Assessment to the Regional Water Board, but with the consent of the Permit case handler, the City is moving forward with a schedule that will result in completion of the Local Limits Assessment no later than June 2017, 2.X Kickoff Meeting /Develop Strategy RMC will first lead a kickoff meeting with City staff to review results from the preliminary local limits assessment completed in June 2016, identify requested changes to the current City's sewer use regulations that could be addressed as part of the local limits evaluation, and discuss data gaps. In particular, RMC and City staff will discuss appropriate loading capacities for Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS), based on current facilities and planned changes. RMC and City staff will also discuss censoring of outlier concentration data. Schedule. the kickoff meeting, accompanied by a determination regarding numeric values for BOD and TSS loading capacity, should occur no later than February 16, 2017. 2.2 Compile Data and Evaluate Constituents of Concern RMC will update plant flow data, influent and effluent analytical data, biosolids generation data, and biosolids quality data in a local limits evaluation spreadsheet. Based on this updated data set, RMC will identify "constituents of concern." For these constituents, RMC will determine maximum allowable headworks loadings (MABLs) and compare to influent loadings according to EPA guidance thresholds. For most constituents, the NIAHLs will be based on removal efficiency as well as water quality objectives or effluent limits found in the current Permit, thresholds for inhibition and worker safety from USEPA's ,Local Limits Development Guidance, and biosolids disposal criteria, By contrast, the allowable loadings for BOD and TSS will be based on rated plant capacity, not removal efficiency, Schedule; RMC will complete the analysis by the mid- March 2017. 2.3 Prepare .Local Limits Assessment RMC will prepare a draft report incorporating the data and analysis from the subtasks above, including initial recommendations on the need to revise local limits. RMC will then finalize the report based on feedback provided by City staff. The report will be suitable for submission to the Regional Water Board and will indicate whether an update of local limits is necessary. If so, it will include a plan and schedule for revising local limits, which will be developed by RMC in consultation with City staff. Resolution No. 2017 -005 N.C.S. Page 14 Schedule: RMC will prepare a draft report by mid -April 2017, then allow two weeks for the City to review the draft report and two weeks for RMC to respond to comments, with a final draft to be prepared by mid -May 2017. Task - Revise Local Limits* (Optional) If the Local Limits Assessment determines that new local limits are needed or existing local limits need to be changed, then RMC will proceed with this task according to USEPA Local Limits Guidance, as indicated by the subtasks below. This task is marked as optional, because many local limits assessments conclude with the determination that no significant changes to local limits are needed, or that the required changes are narrative in nature. Changes of this nature would be identified during the Local Limits Assessment (Task 2). 3.1 Sampling Plan lan Under this task, RMC will review existing data for the constituent(s) for which a new or revised local limit is needed, and will prepare a sampling plan if additional data are needed. The budget for this task assumes that additional sampling will be carried out by City staff. 3.2 Calculate New or Revised Local Limits Based, on the sample results, RMC will calculate revised limits according to USEPA Local Limits Guidance. If appropriate, RMC will present options for concentration -based limits, mass -based limits, and/or tiered limits that vary based on the flow rate or industrial user type, and will choose one control mechanism based on feedback from City staff. 3.3 Prepare Draft Local Limits Report and Hold Workshop to Review Results RMC will prepare a draft Local Limits Report incorporating the data and analysis from the subtasks above, including recommendations for the new limit and the method for enforcing the new limit, RMC will then facilitate a workshop with City staff at City site to review the draft report and the initial recommendations. 3.4 Prepare Final Local Limits Report and Assist with RWQCB Comments Based on feedback from City staff, RMC will prepare a final Local Limits Report for submittal to the Regional Water Board for a minimum 45-day review period. If the Regional Water Board requests changes to the report or to the approach, RMC will assist the City in negotiating with the Regional Water Board and implementing necessary changes. 3.5 Implementation Assistance Resolution No, 2017 -005 N.C.S. Page 15 RMC will assist the City in preparing draft revisions to the City's Sewer Use Ordinance to incorporate new or revised local limits, or will assist with revising individual user permits. If requested, RMC can also assist with preparation of outreach materials to industrial users explaining the new local limits. Task 3 - As- Needed Regulatory Support RMC will assist City staff as requested with various technical and regulatory issues as they arise. Examples of tasks include assistance with compliance and enforcement issues, preparation of comment letters on regulatory issues of concern to the City, assistance with reporting for the Nutrient Watershed Permit, collection system issues, and assistance with compliance. Other technical activities that may arise include peer review of reports, quality assurance and quality control (QA/QC) review of data, preparation of data invalidation analyses, review of standard operating procedures, and assistance with pollution prevention and pretreatment programs. Project management tasks such as general communications, progress reporting, and invoice preparation are included. Tasks will be completed as budget permits. A fee estimate associated with the tasks above is shown on the next page. Resolution No. 2017 -005 N.C.S. Page 16 RE to O P f� iv w N n �i �• �L � 3 '0 m' 'T7 t7 V1 � `0 X�D � Ci m i5 0 m $1 c v v 3 m 5. O O , N ( y 4411 �p �' Ul • � (A W v ` � • v CD �p N m N 6 Of v • N N O CL O •ri(D " C7 1$4 N , ., T to O) co N A N Q. r'P m A-N_A co m O>Nm4) io .0 N pa„ l0 C) N C Q7 f1) tp �' u• iD CD � 1 M tl. �p�. �• f A �Di C�`f O' m 40 a 01 W �,,} N 1 „Ni lD N W to to y (D W Ul 9�R 00 p• �' V E"�� bq fA N f�l� W {�,{p� WW ,(P� 060 § G O 9), W tli W tf) C�J1 G�77D'f CA O O '� ORd rt 69 (0 � O g • O O N rt (�(0 pp W pW� -4 w 0 " 0�0 411 t1'1 0) � N 0 0) Resolution No. 2017 -005 N.C.S. Page 17 INSURANCE REQUIREMENTS EXHIBIT B -2 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such 'insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve additional months following the Agreement termination or expiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2, Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. 4, Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3, Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance; $1,000,000, 5, Such other insurance coverages and limits as may be required by the City, C. Deductibles and Self - Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either; the insurer shall reduce or eliminate such deductibles or Resolution No, 2017 -005 N.C.S. Page 18 self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions; 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owed, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it, 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after. thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimtun insurance coverage requirement and /or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (l) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 8. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance or self- :insurance shall be called upon to protect it as a named insured. Resolution No. 2017 -005 N.C.S. Page 19 E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All endorsements are to be received and approved by the City before the Services commence. Resolution No. 2017 -005 N.C.S. Page 20 EXHIBIT C ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between the City of Petaluma ( "City ") and /or the Petaluma Community Development Commission ( "PCDC ") and contractors, lessees, franchisees, and /or recipients of City and /or PCDC funding or financial benefits ( "covered entities "). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall; • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. • Complete the Report of Charges, Complaints, Citations and /or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, .hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and /or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing,, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Conunissioner), Environmental Protection Agency and /or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior . to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and /or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Resolution No. 2017 -005 N.C.S. Page 21 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: Ellis Creek Water Recycling Facility Regulatory Support r= ad ` C U f Mm Ir O- P _ Date: (Print Name of Covered Entity[Business Capacity} Bye, (Print Name) te. lsl �•�f (Signature) Its ('Title /Capacity of Authnrizcd Signer) Resolution No. 2017 -005 N.C.S. Page 22 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND /OR FINDING of VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL, LABOR RELATIONS BOARD, WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND /OR PARTY TO ANY CI'T'Y OF PETALUMA AND /OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION - FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT; CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": ATTACH ADDITIONAL PAGES IF NEEDED, Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if knoWZi: IL16 t) � Resolution No. 2017 -005 N.C.S. t� Page 23 PREVAILING WAGE EXHIBIT D HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day's work under this Agreement. B. in accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess of eight Hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar . day and forty hours during any one calendar week at not less than one - and - one -half times the basic rate of pay. C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar: day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A, In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code. The Resolution No. 2017 -005 N.C.S. Page 24 Consultant or subconsultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subconsultant worker engaged in performance of the Services is not paid the general prevailing per diem wages by the subconsultant, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements; 1. The Agreement executed between the Consultant and the subconsultant for the performance of part of the Services shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subconsultant by periodic review of the subconsultant's certified payroll records. 3. Upon becoming aware of a subconsultant's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for performance of the Services. 4. Prior . to making final payment to the subconsultant, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant has paid the specified general prevailing rate of per diem wages employees engaged in the performance of the Services and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged in performance of the Services, shall keep accurate payroll records showing the name, address, social security number, work classification; straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Services. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any Services performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. In addition, Consultant and sub- consultant shall be required to be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultant Resolution No. 2017 -005 N.C.S. Page 25 and any sub - consultant shall submit certified payroll records to the Department of Industrial Relations Labor Commissioner online: h.ttps:Happs.dir,ca.gov/eor/DAS/AltL' Consultant is responsible for ensuring compliance with this section. D, In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subconsultants engaged in performance of the Services, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subconsultant engaged in performance of the Services to employ on the Services any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage Gate has been determined by the Director of the Department of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. rile ttame: Resolution No. 2017 -005 N.C.S. Page 26