HomeMy WebLinkAboutStaff Report 4.A 02/02/2009CITY OF PETALUMA, CALIFORNIA
AGENDA 13ILL
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February 2, 2009
Agenda Title: Resolution Authorizing City Manager to Execute Meeting Date: February 2, 2009
Amendment No. 2 to the Professional Service Agreement for Interim
Operation and Maintenance of City of Petaluma Wastewater Treatment
Facility with CDM Constructors, Inc, for Final Draining, Cleanup and Meeting Time: ❑ 3:00 PM
Shutdown of Wastewater Tanks, Basins and Other Facilities. N 7:00 PM
Category: ❑ Presentation M Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department:
Water Resources &
Conservation
Director:
Michael Ban, P.E.
01�-
Contact Person:
Remleh Scherzinger P.E.
Cost of Proposal: The cost for Amendment No. 2 is $563.124 plus a
contingency of $20,000. The total estimated FY 08-09 cost for initial
decommissioning is $930,356.
Amount Budgeted: FY 08-09 budget is $951,000. The total project budget
is $10,658,000.
Phone Number:
778-4546
Name of Fund: Wastewater
Enterprise
Account Number: C500305
(Hopper Street Demolition Capital
Itnprovement Project)
Recommendation: It is recommended that the City Council take the following action: City staff
recommends the City Council approve the Resolution Authorizing City Manager to Execute Amendment No. 2 to
the Professional Service Agreement for Interim Operation and Maintenance of City of Petaluma Wastewater
Treatment Facility with CDM Constructors, Inc. for final draining, cleanup and shutdown of wastewater tanks,
basins and other facilities.
Summary Statement: The City is ready to complete decommissioning of the Hopper Street Water Pollution
Control Plant now that the Ellis Creek Water Recycling Facility (WRF) has begun treating the City's wastewater.
This phase of decommissioning includes draining the tanks, basins and clarifiers, removing and disposing residual
grit and biosolids, and draining and cleaning the lagoons and digesters and removing and disposing remaining
biosolids and grit. This phase does not include site master planning, demolition of structures, construction of
new structures, or site paving and grading.
Attachments to Agenda Packet Item:
Resolution
Attachment A - Photographs
Attachment B — Amendment #2 to the Professional Services Agreement for Interim Operation and Maintenance
of the City of Petaluma Wastewater Treatment Facility
Attachment C — Original Agreement
Reviewed by Admin. Svcs. Dir:
--D t . v illvle
Rev,. # 2 Date Las(t Rekised:
Reviewed by City Attornev: Appriwkd-by-City Manager:
Date: Date:
1/21/09 S:\C.I.P. Folder\WASTEWATER Folder\C500305tlonner St.
WPCP Decommissioning & Demolition\city councihianuary
26. 2009\decommission.apenda bill.draft 6.clean doe
CITY OF PETALUMA, CALIFORNIA
FEBRUARY 2, 2009
AGENDA REPORT
FOR
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
AMENDMENT NO.2 TO THE PROFESSIONAL SERVICE AGREEMENT
FOR INTERIM OPERATION AND MAINTENANCE OF CITY OF
PETALUMA WASTEWATER TREATMENT FACILITY WITH CDM
CONSTRUCTORS, INC. FOR FINAL DRAINING, CLEANUP AND
SHUTDOWN OF WASTEWATER TANKS, BASINS AND OTHER
FACILITIES.
RECOMMENDATION:
City staff recommends the City Council approve the resolution authorizing City Manager to
execute Amendment No. 2 to the professional service agreement for interim operation and
maintenance of City of Petaluma Wastewater Treatment Facility with CDM Constructors, Inc.
for final draining, cleanup and shutdown of wastewater tanks, basins and other facilities.
2. BACKGROUND:
On May 5, 2008, the Petaluma City Council considered a proposal for a comprehensive
decommissioning study and predesign report for the Hopper Street Water Pollution Control Plant
(WPCP) that included decommissioning the facility, demolition of the wastewater structures,
environmental documentation and site grading. In response to Council direction, City Staff
presented a scaled down decommissioning study on May 19, 2008. The City Council approved
this approach, which focused on the initial phase of decommissioning the facility only, but did
not include disposition of the existing wastewater treatment structures nor any site work. This
action resulted in preparation of the Hopper Street Water Pollution Control Decommissioning
Study (Study). The Study determined the following actions are needed for the initial
decommissioning phase of the WPCP:
• Install security fence around structures.
• Divert as much flow as possible through the activated sludge process for seeding at the
Ellis Creek WRF.
• Divert all flow at the WPCP to the Pond Influent Pump Station.
• Drain and hydrowash/clean pipes and structures, excluding the lagoons and digesters.
• Drain the three lagoons and secondary digester.
• Transport seed from primary digester to the Ellis Creek WRF.
• Drain primary digester.
0
• Clean primary and secondary digesters.
• Decommission electrical elements.
• Decommission sludge handling facilities at the lagoons.
• Turn off No. 1 water downstream of the Air Gap System.
• Remove Air Gap System.
• Close 36 -inch valve at the Pond Influent Pump Station on the line from the WPCP
effluent.
• Salvage applicable equipment.
A copy of the report "Hopper Street Water Pollution Control Plant Decommissioning Study
(Dodson-Psomas, October 2008)" is available in the City Clerk's office and in the City
Manager's Office for review. Please contact the department at 778-4546 if you would like to see
the Study. The Study estimated the cost for decommissioning the WPCP at $920,750, including
$750,000 for draining and cleaning the digesters and lagoons.
Now that the Ellis Creek WRF has begun treating the City's wastewater, initial decommissioning
of the WPCP has begun. These activities include shutting down the wastewater processes,
diverting the flow to the Pond Influent Pump Station, and draining the tanks. There is still a
significant amount of work to be done. It should be noted that the sludge lagoons and the aerated
lagoon and the digesters continue to be operated to process and manage the residual biosolids at
the plant. The gas flare will continue to operate as long as gas is being produced in the digesters.
DISCUSSION:
The department is currently focused on malting the site safe and shutting down the facility. As
part of the shutdown, the City will need to pump down all the tanks and remove all the waste
materials, i.e. biosolids and grit from the following facilities:
• Primary digester (391,000 gallons)
• Secondary digester (202,000 gallons)
• Primary clarifier
• Intermediate clarifier
• Final clarifier
• Grit and pre -aeration basin
• Scum basin
• Primary sedimentation tank
• Aeration tanks (4)
• Secondary clarifier
• Sludge lagoons (2 @ 500,000 gallons each)
• Aerated lagoon (500,000 gallons)
• Final biofilter control structure
• Splitter box
' This cost estimate is for draining and cleaning the digesters and lagoons, transporting digester seed to the Ellis
Creek WRF, installation of a new sewer line, and security fencing. It does not include labor to drain and clean the
tanks, site master planning, demolition of existing structures or paving and grading the site for future use.
• Primary biofilter control structure
• Belt filter press
• Biosolids mixing tank
• Septage receiving station
• Secondary sludge structure
• Grit bin enclosure and grit screw
• Headworks
These structures are shown in the aerial phtotograph under Attaclunent A as Figure 1.
Attachment A also includes photographs of the Aerated Lagoons, Aeration Basins, the
Secondary Clarifier and the Primary Digester.
Once the open tanks are cleaned out, they will be high pressure washed to remove any additional
materials. Finally, the City will power down the facility by locking and tagging out all the
electrical equipment.
One of the most difficult jobs will be cleaning out the three sludge lagoons (Structures 25, 26 and
27 on the aerial photograph) and the two anaerobic digesters. the primary digester (Structure No.
4) and the secondary digester (Structure No. 6). The primary digester was last cleaned seven
years ago. It is unknown when the secondary digester was last cleaned. Over time, grit and
debris (hair, sand, rags etc.) build up in the digesters. This grit and debris can't simply be
removed using the sludge pumps that draw the biosolids from the digester because the pumps
clog due to the density of the material after years of slow mixing it into tightly woven balls. To
remove this material requires the use of a trained contractor experienced in the safe and efficient
cleaning of digesters, which are enclosed tanks. The contractor will need to be trained in
confined space entry and rescue as well. Air quality will need to be continuously monitored
using air monitoring equipment, and emergency rescue equipment (e.g. SCBA) will need to be
on site should it be required.
All sludge, grit and other miscellaneous debris will be removed from the two digesters and
passed over a 3/16" capture rotary screen. The volume of sludge is estimated at 591,000 gallons.
The grit screenings will be washed, compacted, and deposited in a roll -off bin for disposal at the
landfill. The remaining sludge material will be pumped to the aerated lagoons. From the aerated
lagoons, it will be dewatered in the City's mobile belt press on-site located next to the Aerated
Lagoons (See Structure No. 35 on the aerial photograph). The dewatered biosolids will be
deposited in a roll -off bin for disposal. We estimate the sludge in the aerated lagoons and the
digesters will generate 1,500 cubic yards of biosolids, which will require about 125 hauling trips
to the landfill, and 180 cubic yards of grit, which will require about 15 hauling trips. This
material cannot be recycled.
Overall, this work completes the operations of the WPCP and puts the plant in a shut down
condition and removes/isolates those items which present a hazard or pose a nuisance to the
surrounding facilities, as well as preparing it for decommissioning. The decommissioning effort
is anticipated to take about 2-1/2 months complete. This scope of work does not include site
master planning, demolition of structures, environmental documentation or construction of new
facilities.
Options available for completing this work include:
1. Conduct the work using City operations staff.
2. Prepare a Request for Proposal and solicit proposals.
3. Hire CDM Constructors, the contract operator for the Hopper Street Wastewater
Treatment Plant.
Using City operations staff to decommission the Hopper Street W WTP is not recommended
because City staff does not have experience operating the Hopper Street W WTP and does not
have the special training needed to clean the digesters. Also, City staff is fully committed to
other duties, including starting up and running the Ellis Creek Water Recycling Facility, and are
not available to dedicate 2-1/2 months to completing this work.
Preparing an RFP and soliciting proposals is not recommended because there is not a ready
supply of contractors available to do this work This work is unlike a typical public works
project such as road improvements, or water main replacements, where there are a number of
highly qualified, trained and experienced contractors ready to bid on the work. Wastewater
treatment plants are frequently constructed, rehabilitated and upgraded, and there are plenty of
contractors who do this kind of work, but they are rarely decommissioned. Even though this is
rare, a recent example is the City of West Sacramento, which is in the process of
decommissioning its wastewater treatment plant. City operations staff at West Sacramento
cleaned all the basins out themselves after the plant stopped receiving sewage. All the solids
from the cleaning went to the digester. It operated until no more gas was produced. The
digesters will be cleaned by a contractor.
Decommissioning the Hopper Street Wastewater Treatment Plant involves running the solids
part of the plant, including the digesters, gas flare, and sludge lagoons, until all the residual
solids have been processed. Staff believes the most efficient and effective way to do this is to
hire a firm experienced in the operation and maintenance of the Hopper Street Wastewater
Treatment Plant. Therefore it is recommended the City hire CDM Constructors for this work.
CDM Constructors began interim operation of the City's Hopper Street Wastewater Treatment
Plant in April 2008, following City Council approval in February 2008. This action was taken
because the City's prior contract operator, Veolia Water North America, terminated the
operations agreement. CDM Constructors has done a good job operating the Hopper Street
WPCP, and were involved in the development and planning for the Decommissioning Study.
Their personnel are familiar and experienced at running this facility, and understand what needs
to be done to decommission it. CDM's proposal is provided in Attachment B, and includes
cleaning the lagoons and digesters, which will be conducted by a subcontractor to CDM. This
work would be conducted as Amendment No. 2 to the original Professional Services Agreement
for Interim Operation and Maintenance of the Petaluma Wastewater Treatment Facility. A copy
of the original agreement is provided in Attachment C.
After this initial phase of decommissioning is completed, the next steps for final
decommissioning of the site include:
• Prepare and issue a Request for Proposal for preparation of a Final Decommissioning
Plan that addresses demolition of the structures, site cleanup, schedule and a construction
cost estimate
• Prepare Final Decommissioning Plan
• Prepare environmental documentation
• Prepare project plans and specifications
• Procure project funding
• Issue contract documents for bidding purposes
• Commence project construction, demolition and site grading
• City Council acceptance of project
The Department of Water Resources and Conservation is ready to prepare and issue a Request
For Proposals for preparation of the Final Decommissioning Plan upon Council direction. This
work will take approximately 2 years to complete.
4. FINANCIAL IMPACTS:
Decommissioning
As illustrated in Table 1, the total estimated cost for this scope of work is $563,124. This is
below the Decommissioning Study's estimated construction cost of $750,000 for draining and
cleaning the digesters and lagoons alone. This work will be funded through the Demolition of
Hopper Street Wastewater Treatment Facility Capital Improvement Project (C500305), which
has a budget of $951,000 through FY 08-09, and a total project budget of $10,658,000
Table 1
Estimated Costs For Amendment No. 2
Hopper Street WPCP Decommissioning
Item
Labor
Grit/Biosolids Hauling and Disposal
Chemicals
Cleaning of Lagoons and Digesters
Total
Estimated Cost
$134,148
$88,344 f
$17,712
$322,920
$563,124
If approved by the City Council, this work would be conducted as Amendment No. 2 to the
"Professional Services Agreement For Interim Operation and Maintenance of the City of
Petaluma Wastewater Treatment Facility" with CDM Constructors (Agreement). The original
contract amount of the Agreement is $2,076,240. Amendment No.2 would increase the total
contract amount by $563,124, from $2,076,240 to $2,639,364. The current interim operations
agreement with CDM Constructors is funded by the wastewater enterprise operations and
maintenance budget. Work conducted in support of decommissioning would be funded from the
Demolition of Hopper Street Wastewater Treatment Facility Capital Improvement Project
(C500305). If we are able to commence work on February 3rd, we would anticipate completing
by the middle of April.
As shown in Table 2, the total costs for the initial decommissioning work are estimated at
$793,124, and include final cleaning of the tanks and management of the residual biosolids and
grit (Amendment No. 2 to the CDM agreement), security fencing, and salvaging of useable
equipment. If Amendment No. 2 is approved, we estimate the total costs through FY 08-09
would be $930,356, which is below the FY 08-09 budget of $951,000.
Operations
The original budget amount for the interim operations agreement is $2,076,240. Through
November 20, 2008, total expenditures are $1,448,598. Expenditures for the remainder of
November and December 2008, and January 2009, are conservatively estimated at $385,000, for
a total expenditure of $1,833,598. This leaves a remaining budget of $242,642. This work is
funded out of the wastewater enterprise operations and maintenance budget.
The operations and maintenance staff at the Ellis Creek WRF includes 15 positions, five of
which have been filled (Operations Supervisor, Lead Operator, Administrative Technician,
Operator III, and Instrumentation/Electrical Technician). Recruitment for the open operator and
mechanic positions is on-going. Recruitment for the four positions approved in December has
begun. The City's careful recruitment of qualified and talented personnel has resulted in a
staffing gap that at this point is not creating a significant issue because the Ellis Creek WRF is
not fully operational (the tertiary treatment system and solids handling facilities will come on-
line later this spring), and all of the equipment that is being used is new and not prone to failttre
.1�
Table 2
Summary of Costs for the Demolition of Hopper Street Wastewater
Treatment Facility
Capital Improvement Project
(C500305)
Actual
Estimated
CIP Budget Costs
Estimated Costs
Total Costs
Total CIP
Through Through
For Initial
Through FY
Item Budget
FY 08-09 12/31/08
Decommissioning
08-09
Design 1,260,000
150,000
0
0
Planning/Environmental
380,000
200,000 137,232
30,000
167,232
Construction Contracts 8,500,000
500,000
733,124
733,124
Construction
Management
460,000
50,000
0
0
Administration 7,000
0
0
0
CIP Overhead 1,000
1,000
0
0
Contingency 50,000
50,000
30,000
30,000
Total 10,658,000
951,000 137,232
793,124
930,356
Operations
The original budget amount for the interim operations agreement is $2,076,240. Through
November 20, 2008, total expenditures are $1,448,598. Expenditures for the remainder of
November and December 2008, and January 2009, are conservatively estimated at $385,000, for
a total expenditure of $1,833,598. This leaves a remaining budget of $242,642. This work is
funded out of the wastewater enterprise operations and maintenance budget.
The operations and maintenance staff at the Ellis Creek WRF includes 15 positions, five of
which have been filled (Operations Supervisor, Lead Operator, Administrative Technician,
Operator III, and Instrumentation/Electrical Technician). Recruitment for the open operator and
mechanic positions is on-going. Recruitment for the four positions approved in December has
begun. The City's careful recruitment of qualified and talented personnel has resulted in a
staffing gap that at this point is not creating a significant issue because the Ellis Creek WRF is
not fully operational (the tertiary treatment system and solids handling facilities will come on-
line later this spring), and all of the equipment that is being used is new and not prone to failttre
.1�
or breakdown and is still the responsibility of the contractor for major issues'. All preventive
maintenance is being handled by the City's operating team. However, the Department of Water
Resources and Conservation would like to direct the remaining funds ($242,642) in the Original
Agreement as needed to continue using some of CDM's operating staff (lab personnel and one
Lead Operator) to supplement the Ellis Creek WRF staff as the City continues to develop its
team. This expense will be more than offset by the estimated $400,000 in salary savings
generated by the delay in hiring qualified operations and environmental personnel. CDM's staff
will primarily support the City's pollution prevention program, pretreatment program, laboratory
services, operations and disinfection/dechlorination chemical supply. CDM support for these
positions will phase out as the City's remaining environmental and operating staff is developed.
' The quality of people we've hired so far, in combination with a careful startup plan, allowed the City to start up the
Ellis Creek Water Recycling Facility with only three operators.
I
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
AMENDMENT NO.2 TO THE PROFESSIONAL SERVICE AGREEMENT FOR
INTERIM OPERATION AND MAINTENANCE OF CITY OF PETALUMA
WASTEWATER TREATMENT FACILITY WITH CDM CONSTRUCTORS, INC. FOR
FINAL DRAINING, CLEANUP AND SHUTDOWN OF WASTEWATER TANKS,
BASINS AND OTHER FACILITIES
WHEREAS, since 1937, the City of Petaluma has heated its wastewater at the Hopper Street
Water Pollution Control Facility (WPCP) located at 950 Hopper Street;
WHEREAS, treatment facilities at this location include digesters, trickling filters, sedimentation
tanks, centrifuge, headworks, influent pump station, blower building, aeration tanks, clarifiers,
sludge lagoons, administration building and garage, and the Pond Influent Pump Station;
WHEREAS, the WPCP will be shutdown once treatment of the community's wastewater is
transitioned to the Ellis Creel: Water Recycling Facility;
WHEREAS, shutdown includes draining basins, tanks and clarifiers and removal of remaining
solids, cleaning, removal and disposal of biosolids from the digesters and lagoons; disconnection
of electrical service; disconnection of sewer and water service;
WHEREAS, this complex work requires the services of a quality professional firm familiar with
the project site:
WHEREAS, CDM Constructors is very familiar with the Hopper Street WPCP and the
equipment and processes used to treat the community's wastewater;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
1. The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
2. The City Manager is hereby authorized and directed to execute Amendment No. 2 to the
Professional Service Agreement for Interim Operation and Maintenance of City of
Petaluma Wastewater Treatment Facility with CDM Constructors, hic. for final draining,
cleanup and shutdown of wastewater tanks, basins and other facilities in the amount of
$563,124, and increase the total contract amount from $2,076,240 to $2,639,364, with a
project contingency of $20,000, substantially in accordance with Attachment B to this
resolution, upon approval by the City Attorney of provisions adequately addressing
Contractor obligations to provide for contractor safety practices, (including confined
space entry and rescue practices and equipment, and compliance with all applicable
safety requirements, including OSHA), and adequate protection for the City concerning
the contractor's safety obligations.
ATTACHMENT A
Photographs
G�
22
L -Lb LINU
23
SECONDARY CLARIFIER
C1
PUBLIC WORKS MAINTENANCE AND
17
CENTRIFUGE
2G
OPERATIONS, OUILDING'B'
27
AERATED SLUDGE LAGOON."./
20
MARY ISAAK CENTER
12
CHLORINATION BUILDING
O2
CORPORATION YARD
44
PARKS DEPT MANAGER BUILDING"A"
30
ELECTRICAL SERVI CE AND DISTRIBUTION
13
GRIT BIN ENCLOSURE & GRIT SCREW
2�
CORPORATI 014 YARD'S GARAGE
14
GRIT AND PRE -AERATION COMMON BASIN
O
ANIMAL SHELTER
O
SC UM BASIN AND TROUGH
O4
PRIMARY DIGESTER
i6
PRIMARY SE011.1ENTA710N TANK
O
PRIMARY CLARIFIER
17
ADMINISTRATION/ CONTROL BUILDING
O
SECONDARY DIGESTERS
10
AOt.11NISTRATION BUILDING'S GARAGE
_ O
INTERMEDIATE CLARIFIER
—
19
HEADWORKS
(B
FINAL CLARIFIER
"i
20
BLOWER BUILDING
1: O
PRIMARY BIOFILI ER
21
AERATION TANKS
10
FINAL BIOFILTER
In
vc
_
Oct 72,205 — 1523 M
tl� ll=,;
dug — lly It Ulecild 9T Gaodo
22
SECONDARY SLUDGE STRUCTURE
23
SECONDARY CLARIFIER
24
POND INFLUENT PUMP STATION (PIPS)
25
SLUDGE LAGOON 93
2G
SLUDGE LAGOON k2
27
AERATED SLUDGE LAGOON."./
20
MARY ISAAK CENTER
29
I40.3 WATERICONTACT TANK
30
OLD LABORATORY/ PUBLIC WORKS
-00
MAINTENANCE BUILDING 1
3t
PIPS BIOALTER
32
PIPS SURGE TANK
33
SPLITTER BOX
-00
PROPAETANK
O
BIOSOLIDS MIXING TANK
41
DIVERSION BOX
35
BELT FILTER PRESS
M12
WPCP AIR GAP SYSTEM
3G
PRIMARY GIORLTER CONTROL STRUCTURE
-03
NO.3 WATER PUMP STATION
37
FINAL GIOFILTER CONTROL STRUCTURE
44
PARKS DEPT MANAGER BUILDING"A"
30
ELECTRICAL SERVI CE AND DISTRIBUTION
45
DIGESTER FLARE
PANEL (SET)
46
ELECTRICAL DISTRIBUTION PANEL(SE2)
39
SEPTAGE RECEMNG STATION
47
GARAGE (ELECTRICAL STORAGE)
80 0 40
SCALE OF FEET
40
PUBLIC WORKS TRAILER
49
OIL/GASSHED
50
SOLIDS RECEIVING STATION
® i ® -PROPERTY LINE
OVERALL SITE PLAN
FIGURE t10.
1
OIt
N0.
6PE10531
Photo 1 (above) — Aerated Lagoon sludge volume is 500,000 gallons
Photo 3 (below) — One of two Sludge Lagoons with a volume of 500,000 gallons each
Photo 3 (above) —The Primary Digester has a volume of 391,000 gallons of sludge.
Photo 4 (below) - One of four Aeration Basins with residual solids and liquid
Amendment No. 2 to the Professional Services
Agreement for Interim Operation and Maintenance of
the City of Petaluma Wastewater Treatment Facility
AMENDMENT NO. 2
To
PROFESSIONAL SERVICES AGREMENT FOR INTERIM OPERATION AND MAINTENANCE OF
CITY
OF PETALUMA WASTEWATER TREATMENT FACILITY
CDM Constructors hie.
THE AGREEMENT made and entered into on Anril 4, 2008 by and between the City of Petaluma, a Municipal
Corporation and a charter city (hereinafter referred to as "City") and CDM Constructors Inc. (hereinafter
referred to as "Consultant") is hereby amended to include the following:
1. Add new Section 14 — Hopper Street Clean-up Services to Exhibit A of the original agreement as
follows:
Section 14. Horner Street Clean -un services. Prenare and execute a plan of action to drain and
clean all tankaae. trickling filters, iunction chambers. wetwells. and other related strictures to
remove sources of odorous materials associated with the treatment of wastewater at the Hopper
Street Plant, including:
• Primary digester (391,000 gallons)
• Secondary digester (202,000 gallons)
• Primary clarifier
• Intennediate clarifier
• Final clarifier
• Grit and pre -aeration basin
• Scum basin
• Primary sedimentation tank
• Aeration tanks (4)
• Secondary clarifier
• Sludge lagoons (2 cJr 500,000 gallons each)
• Aerated sludge lagoon (500,000 gallons)
• Final biofilter control structure
• Splitter box
• Primary biefilter control structure
• Belt filter press
• Biosolids mixing tank
• Septage receiving station
• Secondary sludge structure
• Grit bin enclosure and grit screw
• Headworks
This shall include contracting for and overseeing the cleaning of the anaerobic digesters and sludge
lagoons to the extent possible with normally available equipment for such work.
It is estimated that this work will require two and one-half (2-1/2) months to complete, and result in
125 loads of biosolids being processed and transported to the Redwood landfill for disposal: 15 loads
of grit being processed and transported to the Redwood landfill for disposal. Airy chemicals used for
dewatering, odor mitigation. etc, and anv outside contractors hired by CDM for this work shall be
treated as a variable pass-through exnenditure under terms of this aereement and subiect to markup.
The Citv shall provide rower, water. liauid disposal and treatment through the new Ellis Creek
WRP, and current plant eauipment necessary for cornpletinL, this work at no cost for esecutine this
rP oiect.
Section 14 Hopper Street Shut down & Clean-up
A. Labor
Personnel
FTE
Feb
Mar
Apr
Judy
0.6
$10,350
$10,350
$5,175
Nick
1
$11,500
$11,500
$5,750
Lee
1
$11,500
$11,500
$5,750
Mike
1
$11,500
$11,500
$5,750
Catherine
0.5
$4,792
$4,792
$2,396
PM (Jim)
0.15
$2,017
$2,017
$1,009
Misc/ODC's
$2,000
$2,000
$2,000
$1,000
$53,659
$53,659
$26,830
Total Labor Estimate
$134,148
B. Grit and Biosolids Hauling and Disposal
Number of
Item
Loadsper
load
Cost
Sludge Haul
125
175
$21,875
Sludge Tipping
Fee
125
450
$56,250
Grit Haul
15
145
$2,175
Grit Tipping Fee
15
100
$1,500
Subtotal
$81,800
Markup
$6,544
Total Estimated Grit and Biosolids Disposal
$88,344
C. Chemicals
per
Chemical Pounds pound
Cost
Polymer 4000 1.6
$6,400.00
Disinfection
$10,000.00
Subtotal
$16,400.00
Markup
$1,312.00
Total Estimated Chemicals
$17,712
D. Digester and Sludge Lagoon Cleaning
$299,000
Markup
$23,920
Total Estimated Digester & Sludge Lagoon Cleaning
$322,920
TOTAL ESTIMATED HOPPER STREET
CLEANUP
$563,124
2. Change the termination date in Section 12 of the original agreement from January 31, 2009, to
September 1, 2009.
3. Amend Exhibit B to the original agreement as follows. CDM shall reassign personnel to provide an
Operations Supervisor at 0.6 FTE; Plant Operators at 3.0 FTE; Office Professional at 0.5 FTE;
Program Manager at 0.15 FTE; ODC's and Miscellaneous Expenses at $2,000 per month to the
Hopper Street work. In addition, CDM shall reduce the total project staff and other contract charges
to the level necessary to support temporary staffing needs at the Ellis Creek WRF as directed by the
City.
4. Increase the contract amount in Exhibit B of the original agreement by $563,124, from $2,076,240 to
$2,639,364.
5. Except as modified above, all terms and conditions of the Professional Services Agreement for
Interim Operations and Maintenance of City of Petaluma Wastewater Treatment Facility dated April
4, 2008 between the City of Petaluma and CDM Constrictors, Inc., remain unchanged and in full
force and effect.
THIS AMENDMENT NO. 2 is hereby executed this
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Departiment Director
APPROVED:
Risk Manager
APPROVED:
Interim Finance Director
day of
CONSULTANT
By
Name
Title
Address
City State
Taxpayer I.D. Number
2009.
Zip
Petaluma Business Tax Certificate Number
ATTACHMENT C
Original Professional Services Agreement for Interim
Operation and Maintenance of the City of Petaluma
Wastewater Treatment Facility
PROFESSIONAL SERVICES AGREEMENT
FOR
INTERIM OPERA'T'ION AND MAINTENANCE
OF CITY OF PETALUMA, CA WASTEWATER
TREATMENT FACILITY
t, tb3op_ .5'4 11 l
'Phis is an agreement (the "Agreement) made and effective as of i'TW 1
2008, by and between CDM Constructors Inc. ("CC") and the City of Petaluma, CA ("OWNER
or CITY"). CCI and OWNER are sometimes referred to herein individually as "Parry" and
collectively as "Parties" OWNER hereby retains CCI on the following terms and conditions:
Project Description
Contract Operations, Maintenance, and Management of the City Wastewater Treatment
Facilities ("WWTF or Facilities') as more specifically described in the attached Exhibit
A that is incorporated herein and made part of this Agreement.
2. Scope of Work
CCI will direct the operation and maintenance and related service activities of the City
WWTF ("Services") in accordance with Exhibit A.
1 Standard of Care
The standard of care applicable to CCI's set -vices under this Agreement will be the care
and skill ordinarily used by members of CCi's profession practicing under the same or
similar conditions at the same time and in the same locality.
4. OWNER's Responsibilities
4.1 OWNER shall provide CCI will full and complete inf'oimation regarding its
requirements for the project as may be necessary to supplement Exhibit A and this
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Agreement to permit performance of the Services in accordance with this
Agreement.
4.2 OWNER shall provide CCI with all available data and information regarding the
system including, without limitation, design, construction, operation, maintenance,
energy consumption, and all data and information about the physical characteristics
of the project site including, without limitation, soil reports, subsurface
investigations, presence of hazardous wastes, surveys, easements, and utility
locations as may be necessary to supplement Exhibit A and this Agreement to
permit performance of the Services in accordance with this Agreement..
4.3 OWNER shall provide CCT with a copy of any regulatory permits, consent orders,
consent agreements, or records of decisions regarding or applicable to the operation
of the system as may be necessary to supplement Exhibit A and this Agreement to
permit performance of the Services in accordance with this Agreement.
4.4 OWNER shall provide necessary access to the project site and any public or private
property or arrange for access to the project site and any public or private property
for the performance of the Services in accordance with this Agreement.
4.5 OWNER shall pay for all utility connections fees and shall procure, deliver, and
pay for all electricity, water, and other utilities required for operation of the
WW'1'F.
4.6 OWNER shall maintain any engines and other equipment necessary to operate or
related to the system, and OWNER shall be responsible for the cost of repair and
replacement of equipment and facilities except as otherwise provide in this
Agreement.
4.7 Except as otherwise provided in this Agreement, OWNER shall reimburse CCI for
any chemicals, fuels, equipment, replacement Or spare parts, and other materials
and tools necessary to perform the Services in accordance with this Agreement.
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4.8 OWNER shall designate in writing a representative who shall be firlly acquainted
with the project and who has authority to transmit information instructions, receive
information, and make decisions for OWNER with respect to CCI's performance
of the Services. CCI understands that some decisions on behalf of OWNER may
require action of the Petaluma City Council or authorized representatives of
OWNER other than the OWNER representative designated pursuant to this section.
4,4 OWNER shall acquire, maintain, and keep in force and effect all permits, licenses,
authorization and casements necessary for the operation of the WIV'I'I.
4,10 OWNER shall sign any and all required manifests relating to the generation,
transportation, storage, treatment and disposal of all wastes arising out of or related
to the performance of the Services and/or the operation of the WWT'pursuant to
this Agreement.
4.11 OWNER shall be responsible for any hazardous waste at the site or any hazardous
waste generated by the treatment process at the site. OWNER shall be responsible
for the long-term storage tntd disposal of waste materials generated as a result of
sampling, pilot testing, and/or monitor well construction and development. CCI
shall place such waste materials in containers fortemporary storage on the project
site consistent with industry practice. However, nothing in this section shall relieve
the CCI of its obligation to perform the Services in accordance with this
Agreement.
4.12 OWNER shall notify CCI as soon as feasible of any emergency situations.
4.13 CCI shall notify OWNER designated representative as soon as feasible of any
emergency situation.
5. Compensation
OWNMR shall pay CCI for Services performed in accordance with this Agreement in
accordance with Exhibit 13, which is attached to and made a part of this Agreement. CCI
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will submit its invoice reflecting actual work performed and expenses incurred. Payment
shall be due thirty (30) days after the date of an invoice. Undisputed amounts past due
more than thirty (30) days shall bear interest at the rate of I% per month (12% per
annum) from the due date until CCI receives payment. In addition to all other available
remedies, CCI may, at its option, stop work or temtinate the Agreement in the event there
is an unpaid, undisputed balance due for more than 60 days. In no event shall the
OWNER be obligated to pay CCI in excess of the total estimated cost of the performance
of the Services ("Total Estimated Contract Amount") specified in Exhibit B unless and
until this Agreement is modified in accordance with its terms.
6. Data and Information
All data and information generated by the system and collected by CCI and any reports or
documents prepared there from shall be and remain the property of OWNER. However,
no ownership interest shall attach to CCI's preexisting inforntation including, but not
limited to, computer programs, software, standard details, figures, templates, and
specifications. CCI may maintain and keep copies of all such information, reports or
documents.
Record Retention
CCI shall maintain records of its performance of the Services, include a monthly report of
its services with each invoice, and keep such records and reports for three (3) years
following completion of the Services or termination of this Agreement.
6. Indemnification
8.1 CCI shall indemnify, defend and hold harmless OWNER and its officials, officers,
cmployees, agents and volunteers from and against any and all claims, losses,
liabilities, expenses, costs and causes of action, including reasonable attorney's
fees and reasonable court costs, ("Liability") for bodily injury to or death of any
person, or for damage to or destruction of property, or other Liability, including,
but not limited to, Liability to regulatory agencies, and Liability related to spread of
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pre-existing hazardous waste, to the extent caused by the negligent act, error or
omission willful misconduct or failure to comply with the tents of this Agreement
of CCI or its partners, affiliates, related business entities and their respective
officers, directors, agents, employees, subcontractors or other privities or others
acting under COI's direction or control arising out of or in connection with the
performance of the Services.
8.2 OWNER shall indemnify and hold harmless CCI and its partners, affiliates, related
business entities and their respective officers, directors, agents, employees,
subcontractors or other privities or others acting under CCI's direction or control
during the performance of the Services from Liability to the extent caused by the
negligent act, error, or omission, willful misconduct or failure to comply with the
terms of this Agreement of OWNER or its officials, officers, employees, agents
and volunteers arising out of or in connection with the performance of the services.
8.3 OWNER acknowledges that CCI is not responsible or liable for hazardous wastes
or materials or contamination from such hazardous wastes or materials or for
hazardous waste produced by the operation of the treatment process at the WW i7'
site and existing prior to the effective date of this Agreement ("pre-existing
hazardous waste"). 'therefore, OWNER agrees that the CCI shall not have any
liability for pre-existing hazardous waste, nor for the spread of such material,
except to the extent such spread is caused by the negligent act, error or omission,
willful misconduct or failure to comply with the terms of this Agreement of CCI or
its partners, affiliates, related business entities and their respective officers,
directors, agents, employees, subcontractors or other privities or others acting
under CCI's direction or control arising out of or in connection with the
performance of the Services. OWNER shall indemnify and hold harmless CCI and
its partners, affiliates, related business entities and their respective officers,
directors, agents, employees, subcontractors or other privities or others acting
under CCI's direction or control during the performance, of the Services from
Liability arising with respect to such pre-existing hazardous waste or the spread of
such pre-existing hazardous waste, except to the extent the spread of pre-existing
hazardous waste is caused by the negligent act, error or omission, willful
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misconduct or failure to comply with the terms of this Agreement of CCI or its
partners, affiliates, related business entities and their respective officers, directors,
agents, employees, subcontractors or other privities or others acting under CCPs
direction or control arising out of or in connection with the performance of the
Services.
8.4 Except as otherwise specified in this Agreement, including Exhibit A, OWNER
acknowledges that CCI is not responsible for regulatory compliance with any
permit, consent decree, or other 3`a party claims based on the, performance of the
W WTF.
8.5 Owner acknowledges that workers other than CCI employees are the responsibility
of the. OWNER, and that CCI shall not be liable for actions of other City
contractors or others at the City's Ellis Creek Waste Treatment Plant or at the Mary
Isaac Center.
9. Insurance
"Throughout the term of this Agreement, CCI shall comply with the insurance
requirements described in Exhibit C, which is attached to and made apart of this
Agreement.
10. Limitation of Liability
Unless otherwise specified in this Agreement, including Exbibit A, CCI shall not be
liable for the condition of the system, transmission line integrity, leaks, or containing any
leaks, or for maintaining or operating any engines, or for any underground conditions, or
for any fines or penalties, including fines and penalties related to air emission or treated
waste water requirements that exceed the processing capabilities of the facilities, except
to the extent such spread is caused by the negligent act„ error or omission willful
misconduct or failure to comply with the terms of this Agreement of CCI or its partners,
affiliates, related business entities and their respective officers, directors, agents,
employees, subcontractors or other privities or others acting under CCPs direction or
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control arising out of or in connection with the performance of the Services.. CCl's total
aggregate liability to the OWNER under this Agreement is Hunted to $622,872 (three (3)
times the average Monthly Fee).
11. Waiver of Consequential Damages
In no event shall CCI, its affiliates or subsidiaries, or its or their officers, directors,
employees, subcontractors, agents, or others performing Services or providing materials
in connection with the Services under this Agreement be liable for any indirect,
economic, incidental, consequential or special loss or damage, whether attributable to
breach of contract, warranty, express or implied, tort, including negligence and strict
liability, or otherwise, and irrespective of cause.
12. Termination
This Agreement shall commence April 1, 2008, or later, and terminate on January 31,
2009, unless sooner terminated as provided herein, and may be extended only by written
agreement signed by each Party. Either Party may terminate this Agreement for breach by
the other Party upon ten (10) days written notice. Either Party may terminate this
Agreement for its convenience upon thirty (30) days written notice to the other Party.
Notwithstanding anything to the contrary in this Agreement, or any contract document,
(except for termination due to a breach of this Agreement by CCI, in which case
OWNER shall pay CCI for the services performed in accordance with the Agreement up
to the date of such termination), in the event of any other termination, OWNER shall pay
CCI the full amount due for the Services rendered and costs and expenses incurred in
accordance with this Agreement and not paid for up to the time of termination and other
reasonable costs and expenses incurred in accordance with this Agreement or effecting
termination and returning documents, as well as all monies due for commitments made in
accordance with this Agreement which cannot be terminated at such termination date or
be otherwise mitigated.
13. Dispute Resolution
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13.1 Any dispute between the Parties arising out of or in connection with this
Agreement, or the Services, shall be resolved first by negotiation as follows: For a
period of not less than ninety (90) days the parties shall negotiate in good faith to
resolve any such dispute. If the parties do not resolve such dispute despite the
parties' diligent, good faith attempt to resolve any such dispute pursuant to the
foregoing sentence, then the parties shall make a diligent, good faith attempt to
settle the dispute by mediation as the Parties may agree,
13.2 Should the parties fail to reach Agreement under Section I3.1, they may agree to
proceed pursuant to the American Arbitration Association's Commercial Mediation
Rules. If such mediation is unsuccessful within a reasonable period of time, no
parties may submit any unresolved dispute to arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association. Any such
Arbitration shall be held and conducted in Petaluma, California, unless the parties
agree otherwise.
13.3 Each party shall be responsible for its own costs and expenses, including attorney's
fees and court costs, incurred in the course of any dispute, mediation, legal
proceeding, or lawsuit. The fees of the mediator shall be shared equally by the
parties.
14. htdependent Contractor
CCI is retained as an independent contractor to perform the services under this
Agreement.
15. Hazardous Substances
CCI shall not have any responsibility for the discovery, presence, handling, removal or
disposal of or exposure of persons to haznTdous materials in any form at any site,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PC13)
or other toxic substances, except to the extent such caused by the negligent act, willful
misconduct or failure to comply with the terms of this Agreement of CCI or its partners,
affiliates, related business entities and their respective officers, directors, agents,
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employees, subcontractors or other privities or others acting under CCI's direction or
control arising out of or in connection with the performance of the Services.
16. Assigmnent
Neither Party may assign this Agreement or any rights or obligations hereunder, in whole
or in part, without the express written, signed consent of the other Party, except that it
may be assigned without such consent to the successors of either Party, or to a person,
firm or corporation acquiring all or substantially all of the assets of such party or to a
wholly owned subsidiary or either Party, but such assignment shall not relieve the
assigning Party of any obligations under this Agreement. Nothing contained in this
paragraph shall prevent CCI from subcontracting with independent contractors, associates
and subcontractors as CCI may deem appropriate to assist in the performance of services
hereunder. However, such subcontracting of CCI shall relieve none of CCI's liability
pursuant to this Agreement.
17. Successors and Assigns
OGVNL-:R and CGI each binds himself and his partners, successors, executors,
administrators, assigns and legal representatives to the other Party and to the partners,
successors, executors, administrators, assigns and legal representatives of other such
Party in respect to all covenants, agreements and obligations of this document.
is. Force Majeure
Any delays in or failure of performance by CCI shall not constitute a default under this
Agreement if such delays or failures of perfommnce are caused by occurrences beyond
the reasonable control of CCI including but not limited to: acts of God or the public
enemy; expropriation or confiscation; compliance with any order of any governmental
authority, changes in law; act of war, rebellion, terrorism or sabotage or damage resulting
were from; fires, floods, explosions, accidents, riots; strikes or other concerted acts of
workmen, whether direct or indirect; delays in permitting; OtNNER's failure to provide
data in OWNER's possession or provide necessary comments in connection lvith :any
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required reports prepared by CCI, or any other causes which are beyond the reasonable
control of CCI. For any event of force majeure, there shall be an equitable adjustmeut in
the schedule for performance or an equitable adjustment in the payments made to CCI, or
both.
19. Change Orders
Changes affecting die Services initiated by OWNER. or addressing unforeseen conditions
shall be in the form of a written change order signed by OWNER and CCI and address
any changes to the Services, compensation, or any other tern of this Agreement.
20. Governing Law
This Agreement is governed by and shall be construed and interpreted in accordance with
the lacus of the state in which the project is located, without regard to choice of law
principles. Any action arising from or brought in connection with this Agreement shall
be venued in a court of competent jurisdiction in die County of Sonoma, State of
California.
21. Miscellaneous
Il' any provision of this Agreement should be invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining portions hereof. Any notices given
hereunder shall be in writing and may be given by Band delivery to the other party or by
mailing such notice by first class mail or overnight delivery to such other address as
either party may designate from time to time by notice to the other. This Agreement
supersedes all prior oral or written communications, negotiations, and agreements
between the parties and contains the entire agreement of the parties with respect to the
subject matter hereof. This Agreement shall only be modified by an instrument in
writing signed by both OWNER and CCI. This Agreement may be executed in multiple
counterparts, which taken together shall constitute one and the same agreement.
22. Compliance With All Laws, Including Prevailing Wage Laws
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In performing these 0&M services contract for the City, CCI will fully comply with all
applicable local, state and federal rules, laws, regulations and/or pertaining to the
performance of the services pursuant to this Agreement. Such laws include, but are not
limited to, the California Prevailing Wage Law codified in Labor Code section 1720.
The parties recognize that the services may consist wholly or partly of work for which no
prevailing wage rate has been established by the Director of Industrial Relations of the
State of California.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly signed as of
the date first written above.
CITY OF PETALUMA
City Manager
ATTEST:
CDM Constructors Inc.
By -
Sergio Bazarc-dtsch
Title
City Clerk
%�d
I-l.J� °12.2..0 Gt,.vEr..lr.9m !-bVt; Juo'h�loc.>
Address
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
11
QftrJU&0 (fUC-AV-AtW jA CA- 007130
City
State Zip
666 - 31b3'5q`7
Taxpayer I.D. Number
F:I
Petaluma Business Tax Certificate No.
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APPROVED:
Risk�IYlanager
APPROVED:
I
� S:�- OJzl4A Ll
Administrative Services Director
]2
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I.S. Factory Outlet Pump Station. The facilities comprising the Factory Outlet Pump Station
located at 2206 Petaluma Blvd. in the Factory Outlet Mall.
1.4, Copeland Pump Station. 'I"he facilities comprising the Copeland Pump Station located
near Poultry Street and the. Petaluma River.
1.10, Victoria Pump Station. The facilities comprising the Victoria Pump Station
located on Windsor Drive,
1.11. Pond Influent Pump Station. The facilities comprising the ]lend fnfluent Pump
Station located at the wastewater treatment plant at 950 Hopper Street.
1.12. Main Pump Station. The facilities comprising the Main Pump Station located
adjacent to the City's Oxidation Ponds,
1.13, Booster Pump Station No. 1. The facilities comprising Booster Pump Station
No. 1 located adjacent to the City's Oxidation Ponds,
1,14, Booster Pump Station No. 2, The facilities comprising Booster Pump Station
No. 2 located on Browns Lane.
1.15. Effluent Outfall. The facilities comprising the effluent outfall from the Oxidation
Ponds to the Petaluma River,
1.16. Force Mains. The facilities comprising the Pond Influent Pump Station's 36 -inch
diameter force main. The force mains will remain the responsibility of the City.
1.17. Recycled Water. The facilities comprising the secondary recycled water,
including all valves, hydrants, structures and appurtenances owned by the City.
2. :Maintenance of Facilities.
2.1. General. CCI hall provide all preventive, corrective, and predictive maintenance and
repairs for the City Facilities, equipment, and related structures (excluding paving and
grounds) and vehicles in accordance with accepted industry maintenance standards and
manufacturer's maintenance recommendations using a computerized maintenance
management system (CMMS), provided such maintenance and repairs shall not include
costs associated with flood, fire or other similar extraordinary occurrences not within the
control of CCI. The CRAMS shall provide an inventory of City facilities equipment, and
vehicles and documentation of the maintenance performed. hl no event shall
maintenance be less frequent or less comprehensive than that recommended or specified
in manufacturer's warranties, manufacturer's specified maintenance practices, or
recommendations for equipment or City facilities without the prior written approval of
the City.
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2.2. As Is Condition. CCI is providing the City with managers so that the wastewater system
is properly operated and maintained. CCT is managing the operations of the plant and
die system in an "as is condition ". Both parties agree the current facilities may be "run
to failure" as appropriate given the short remaining service life of the Hopper Street
facility. Therefore, CCI will not be liable for pre-existing conditions, plant perfortrance,
or the consequences of the plant failing to operate properly, including, but not limited to,
violations of the NPDES permit and any other regulatory permits and requirements,
except to the extent caused by the negligent act, willful misconduct or failure to comply
with the terms of this Agreement of CCI or its partners, affiliates, related business
entities and their respective officers, directors, agents, employees, subcontractors or
other privities or others acting under CCFs direction or control arising out of or in
connection with the performance of the Services.
2.3. Emergency Repair. Both parties acknowledge that while CCI provides interim operating
services, components of the plant may fail and emergency repair may be necessary. CCI
will act so that such repairs are completed hh a timely and efficient manner. To the
extent practicable, CCI will inform the City of the nature of the repair and the estimated
cost. Upon receiving approval from the City, CCI will proceed with such repair. CCI is
not obligated to undertake any repair work without authorization from the City. All such
repair work shall be billed to the City at actual costs plus eight percent (8%). Boar
parties acknowledge that in certain circumstances where the public health and safety are
at risk, there will not be time to obtain prior approval. In these circumstances, CCT will
undertake the required repair in a timely manner. Within 24 hours of such an event or
within a reasonable time thereafter depending on the circumstances, CCI will provide
the City with a wrtten accounting of what transpired and t1'ie cost. CCI will be
reimbursed for such cost plus eight percent (8%) mark-up,
3. Permits and Environmental Programs. The City is the owner and control authority of all
permits and programs. CCI shall implement activities, collect and compile data, and prepare
reports for the City in support of the permits and environmental programs. The City shall pay
for all permit/license renewals, except the FLAP Certificate for the plait laboratory, and
laboratory analyses beyond the onsite laboratory's capacity and necessary for compliance
with existing permit requirements.
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4. Licenses, Permits, Certificates. The City shall maintain all existing warranties, guarantees,
easements, permits and licenses that have been granted to CITY as owner of the equipment
and facilities covered by this agreement for the benefit of CCI during the term of this
Agreement, excepting regulatory certification of the plant laboratory. CCI shall maintain
regulatory certification of the plant laboratory. CCI shall be responsible for tracking and
assisting the City's ownership position with warranty issues that arise in the performance of
this Agreement.
5. Industrial Pretreatment Program. CCI shall implement and maintain the Industrial
Pretreatment Program (IPP) as part of the scope of services. CCI will provide the CITY a
monthly report of IPP activities, issues, sample results and recommendations. Any
discrepancies or violations of the industrial waste ordinance shall be reported promptly to the
CITY's designated representative.
6. Communications.
6.1. General. CCI shalt maintain on-site staffing and procedures as necessary to insure
timely professional communications with City and the general public. During normal
business hours (7 am to 4 pm, Monday through Friday) incoming telephones shall be
answered promptly and courteously by employees trained in proper use of the telephone
and voice mail systems. At other times, the telephone system shall be utilized to insure
that emergency calls to the plant can be received and acknowledged by on-site personnel
in a courteous, professional and timely maturer.
6.2. Regulatory Agencies. Routine written and oral communication with regulatory agencies
concerning day-to-day operation of the facilities under this Agreement shall be the
responsibility of CCI. CCI shall provide City with timely copies of all correspondence
with regulatory agencies. Communication with regulatory agencies regarding scope of
permit requirements, permit modifications, capacity of facilities, and special studies
shall be the responsibility of the City. CCI shall refer all communications front
regulatory agencies regarding these issues to the City.
6.3. News Media. CCI shall refer all inquiries from news media regarding operation and
maintenance of City facilities or other activities of the City to the Director.
6.4. Informational Documents and Advertising. CCI may not utilize the name of the City of
Petaluma or any of its facilities, employees, officers, agents or directors in any
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advertising, brochures, public relations documents or news releases with the express
written consent of the Director. CCI may furnish prospective clients without the City's
name, address and telephone number for the purpose of providing client references.
6.5. Facility Tours. CCI shall conduct tours of the City facilities for schools and other
groups. At a minimum, CCI shall develop a tour program, with input from the City, for
the Wastewater Treatment Plant that is appropriate for varying age levels.
7. Monthly Reports. CCI shall submit a monthly report by the 15" day of each month
describing the Services performed and the W WTF operations in a form acceptable to the
City. Information provided in the reports shall include, but not be limited to: total flow for
the month, average daily flow, total amount of water recycled, description of compliance
issues, total number of work orders 'issued, number of work orders completed, description of
industrial pretreatment activities, description or repairs completed, volume of biosolids
disposed, volume of chemicals used, description of any position vacancies, number of
laboratory samples analyzed, and any other information necessary to describe the
performance of the plant for the prior month.
S. Ownership,
S.1.Facilities, Supplies and Equipment. Property and equipment operated and maintained by
CCI pursuant to this Agreement, as well as tools, furninwe, parts, documents, equipment
and supplies furnished by the City or purchased by CCI in accordance with the terns of
this Agreement, shall be the sole property of the City. Property, equipment, supplies and
other items that may be purchased by CCI at its sole expense from funds not associated
with this Agreement remain the property of CCI. A complete listing shall be provided to
the City with annual reconciliation.
8.2. Data. Documents pertaining to laboratory data, operation records, maintenance records,
operation procedures, maintenance procedures, including reports, studies, memoranda
and such other information related to these as may be gathered by CCI in the
performance of its duties under the terns of the Agreement, whether written or stored
electronically, shall remain the sole property of the City. CC's internal correspondence,
personnel records, confidential financial reports and similar documents shall remain the
property of CCi.
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8.3. Computer Software. Computer software purchased by CCI or licensed to it by a third
party and paid for as part of this Agreement shall be the property of the City. COI's
ownership of computer software shall only extend to software purchased or licensed
using funds not associated with this Agreement. During the term of the Agreement, CCI
shall make available on a non-exclusive basis for use by City staff, on a City -furnished
computer, licensed copies of PC computer programs used for data management in the
following areas:
8.3.1.Ops Win 32
8.3.2.NT2
The intent of this paragraph is for the City to have a complete duplicate copy of all
historical plant operating, laboratory, and maintenance data installed on a City computer
using sofhvare identical to that used by CCI for management of plant operation,
laboratory, and maintenance data. All operations, laboratory, and maintenance data
shall be stored in a SQL database in a form that is easily accessible by other SQL
databases. In the event that CCI does not market plant management software of the
types required above, CCI shall use all reasonable efforts to obtain and utilize suitable
sofhvare from a third party and furnish a copy to the City for its use.
In the event of contract termination, the City may, at its option, retain the license for said
software at no additional charge.
In the case of CCI -developed proprietary software, CCI shall, subsequent to contract
termination, make software maintenance and update agreements available to the City at
the then prevailing lowest price offered to any other customer of CCI.
9. Laboratory Analytical Services.
9.1. Sample Collection and Laboratory Testing. CCI shall perform sample collection,
laboratory testing, and any other laboratory analyses of influent, effluent and recycled
water to demonstrate compliance with the Agreement, applicable regulatory
requirements, and permit provisions applicable to the wastewater treatment facility.
9.2. Certified Conventional Constituents Analyses. CCI shall perform FLAP -Certified
analyses for demonstrating NPDES purposes at the laboratory at the wastewater
treatment plant, up to the capacity of the onsite laboratory facilities. These analyses
shall include, the following constituents: TSS, BOD, COD, chlorine residual, settleable
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solids coliform, conductivity, turbidity, pH, temperature, hardness, alIealinity, and
dissolved oxygen. CCI may choose, at its own expense, to analyze samples for
conventional constituents at a certified outside laboratory.
9.3. ?Von -conventional Constituents. All permit or program related laboratory testing for
non -conventional constituents that cannot be conducted at the plant laboratory, shall be
sent by CCI to an outside laboratory that is certified. The cost for outside laboratory
testing shall be direct paid by the City without CCI mark-up. The City may direct
contract with an outside laboratory for the laboratory analysis of non -conventional
constituents. CCI shall be responsible for the proper collection, preservation and
delivery of laboratory samples..
9.4. Process Control Testing. CCI shall perform all applicable testing related to process
control at its own expense.
9.5. Laboratory QA/QC. CCI shall operate, manage and maintain the laboratory and all
analytical equipment to ensure that testing, analysis and reporting performed at the plant
meet all regulatory standards. CCI shall implement a written set of laboratory QA/QC
procedures and records and shall implement a Laboratory Information Management
System consistent with industry standards and practices. The laboratory QAtQC
program shall be maintained and revised, as necessary, to ensure that all required
analyses and reports are completed hilly and accurately, following standard methods and
procedures, and in a timely manner.
9.6. Laboratory Certification. CCI shall maintain the plant laboratory's certification (CLAP)
and shall be responsible for all costs associated with maintaining the plant laboratory's
certification.
10. Recycled Water Program. CCI will support the City's management of this program by
operating and providing maintenance activities to the recycled water system and shall provide
monitoring and management of the recycled water program. The recycled water system
operates primarily during the non -discharge period ofl\Lry 1 through October 20 of each
year. However, the recycled water system is frequently used throughout the year to provide
recycled water for recycled water customers and to enhance the h eatmanL capability of the
oxidation pond system. CCI shall provide all pre -season and post -season inspections,
maintenance, and other system activities required for reliable recycled water system use.
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Use of the recycled water effluent shall be done in accordance with an annual irrigation plan
developed by CCI at the beginning of each irrigation season. The plan will include the
following:
® Water Balance
e Monitoring and Enforcement Plan
e Emergency Response Procedures
e Equipment Maintenance Schedule.
The Plan will be developed in conjunction with the City and the recycled water
customers. Such plan will be reviewed by the City no later than 30 days after CCI's
submission.
The CITY shall be responsible for providing proper posting of the irrigation system. CCI
will not be liable for any liability, loss, injury, penalty, fine, claim or expense (including
attorney's fees) resulting from improper posting of the irrigation system and not due to the
actions, omissions, negligence, willful misconduct, violations of law or failure to comply
with this Agreement by CCI or its agents, employees, subcontractors or other privities or
those under CCI'S control or direction. The CITY shall post the irrigation system in
accordance with the requirements set forth by the Regional Water Quality Control Board and
State and/or County Health Departments. Upon request by the CITY, CCI will replace, with
CITY supplied materials, any signs vandalized or stolen at no additional charge; provided
however, that CITY shall remain responsible for proper posting.
Rights to personal and vehicular ingress/egress of private property for the purpose of
operating or monitoring the irrigation system shall be obtained by the CITY on behalf of CCI.
In the event that recycled water system customers are unable to use all or any portion of the
recycled water and such inability results from something other than the actions, omissions,
negligence, willful misconduct, intentional tortuous acts, violations of law or failure to
comply with this Agreement by CCI, its agents, employees, subcontractors, or other privities,
or those under CCI's direction or control, and CCI has no alternative, despite all possible
notices to and coordination with the City to identify alternatives but to discharge effluent to
the Petaluma River, then CCI will have no liability for such discharge.
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11. Personnel.
11.1. General.
11.1.1. Competency of Workers. CCI will staff the City of Petaluma facilities with full
time employees qualified as required by law and experienced whenever possible in
wastewater treatment process control and maintenance procedures. Additional staff
may be assigned to the facility as needed in order to establish these procedures and
train the staff in process control and equipment maintenance. CCI will maintain
0&sM training and safety programs for all employees which programs shall be
patterned after the program employed at other CCI - operated facilities. All costs
for these programs shall be borne by CCI.
11.1.2. Staffing Level. A qualified staffing size of twelve (12) full time employees shall
be maintained at all times based on the scope of services included in this agreement.
Any vacancy extending beyond 45 days, unless mutually agreed upon, shall result
in an immediate corresponding reduction in the Service Fee. Any personnel
changes involving the Plant Manager or the Assistant Plant Manager are subject to
the review and approval of the City. The City shall not unreasonably deny any
changes in personnel. CCI must comply with all operator certification regulations
as currently promulgated by the SWRCB of California. Should at any time CCI not
be in conformance with these regulations they must immediately inform the City of
any such violation(s) and prepare an Action Plan to address all regulatory issues.
11.2. Plant Manager.
11.2.1. Scope of Duties. The Plant Manager, or in his/her absence, a qualified designee,
shall have responsibility for managing CCI's activities trader this Agreement. Plant
Manager shall devote full-time to the conduct of business pertaining to the
operation and maintenance of the City's facilities. Business related to the operation
and maintenance of the City's facilities shall include all ort -site work plus off-site
work related to planning, staffing, budgeting, personnel, labor negotiations, and
training. Time spent by the Plant Manager conducting business not directly related
to operation and maintenance of City facilities will not be compensated by City and
will be considered a Change in Scope. Plowever, cormnitments pre -dating this
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agreement will not be considered a change in scope, so long as they do not interfere
with performance of the services in accordance with this Agreement.
113.2. Qualifications. Plant Manager shall be certified as a Grade V Wastewater
Treatment Plant Operator by the California State Water Resources Control Board,
or shall obtain Grade V certification within 13 months of the start of duties as the
Plant Manager„ and shall have a minimntn of five (S) years experience in
supervising the operation and maintenance of wastewater treatment facilities of size
and complexity equivalent to California Class IV or higher facility. If the Plant
Manager does not possess a Grade V certification within 12 months of starting
service as the Plant Manager, CCI shall immediately replace the Plant Manager.
However in the case of circumstances beyond CCI's control, CCT may submit a
request for extension in writing, stating contributing factors for such delay which
consent shall not unreasonably withheld by the City. Plant Manager may possess a
Bachelor's degree in a discipline related to the job duties or a combination of
education and experience which would be expected to provide equivalent skills. .
Plant Manager or designee shall maintain a full-time office at the Nastewater
Treatment Plant and shall be available to consul£ with the Director or his/her
designee during normal business hours. When the Plant Manager is expected to be
absent from the plant during normal business hours, he/she shall notify the City in
writing of the duration and reason for the absence. In addition, he/she shall
designate a responsible individual to act in Plant Manager's behalf and take steps to
insure that he/she may be contacted by telephone by the City. During non -office
hours, Plant Manager or designee shall be available by telephone. Home telephone
numbers of Plant Manager and designce(s) shall be provided to the City and
updated as required to insure that the list remains current. At least one management
employee, designated by CCT, shall be available by telephone seven (7) days per
week, 24 hours per day.
11.3. Manager During Plant Manager's Absence.
11.3.1. Designation. CCT shall utilize and identify a position to assume; the duties of the
Plant Manager in the Plant lviana.acr's absence.
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11.3.2. Qualifications. This position shall be certified as a Grade IV Wastewater
Treatment Plant Operator by the California State Water Resources Control Board,
or the ability to obtain within 12 months, and shall have a minimum of three (3)
years experience in the operations and maintenance of wastewater treatment
facilities of size complexity equivalent to California Class IV or higher.
11.4. Lead Mechanic.
11.4.1. Scope of Duties. CCI shall designate an individual to act in the position of Lead
Mechanic. Under the direction of the Plant Manager, the Lead Mechanic shall be
responsible for directing and managing all maintenance work covered under this
Agreement.
11.4.2. Qualifications. The Lead Mechanic shall have an extensive background in the
maintenance of equipment similar to that present within City's wastewater
treatment plant. Lead Mechanic shall be proficient in personnel management,
budgeting, cost control and report writing at a level dictated for similar sized
facilities. Desirable qualifications include an Associate degree in mechanical
technology and five (5) years experience, of which two are in supervision; or other
combination of education and experience which would be expected to provide the
necessary skills for the position.
11.5. Transition. CCI will transition selected members of the current operations staff
to CDM Constructors Inc. CCI employment of these individuals is transition
employment until the current wastewater treatment facilities at Hopper Street are
decommissioned. The total labor will be a fixed monthly fee, based on an average
employee cost for each category. These costs will include but are not necessarily limited
to wages, approved overtime, benefits, and all applicable taxes. Whenever a decision to
pemranently reduce the staff is jointly agreed to by the parties, the monthly fee shall be
reduced by the appropriate amount for a person in that position class. Given the
temporary nature of this agreement, CCI shall not incur any potential liabilities
associated with the Worker Adjustment and Retraining Notification Act.
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11.6. Program Manager. CCI, in addition to providing a full-time plant manager as
previously described, Will also have a senior CCI pemon available to relieve the plant
manager and provide quality control and assurance. The CCT Program Manager will be
on-site approximately one week per month, plus provide off site guidance and
assistance. The CCI employees will be billed to the City in accordance with the
payment provisions of the Agreement.
11.7. Employment Agreements. CCI may choose to enter into employment
agreements with select personnel currently employed at the City wastewater treatment
facilities. In addition, CCI may choose to enter employment relationships with select
individuals as independent contractors for purposes of performing this work. Should
any of the employees elect not to become independent contractors, CCI will make its
best effort to supply additional personnel in accordance with the payment provisions of
the Agreement.
12. Compensation. CCI will receive and pay all invoices for goods and services required to
maintain and operate the system, excluding electricity and City required lab analyses such as
IPP and NPDES monitoring. These goods and services will include but are not limited to:
chemicals, residuals disposal, consumables, office supplies and laboratory services. These
expenses Will be passed directly through to the City at cost plus mark up of eight percent
(8%). Sludge transportation and disposal will continue to be provided through the existing
contract for sludge disposal, assuming the current agreements can be transferred or re-
assigned. Similarly contracts for chemicals will continue to be provided through current
vendors assuming the current agreements can be transferred or re -assigned.
The City agrees to compensate CCI on a monthly basis for both the fixed fee and variable fee
portions of the service agreement as shown in Exhibit II, The fixed fee portions shall include
all personnel, administrative overhead, and other project direct costs as shown in the attached
project budget. The variable fee portions of the service agreement include those costs that
represent consumable and contractual expenditures that are related to the treatment process
and dependent on variations in plant flows, loadings, and producer prices. It shall also
include the facility insurance requirements of the City beyond the labor related insurance
provisions for workers compensation, and standard employment health and safety coverage.
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Should the duration of these services exceed twelve (12) consecutive mouths, the City agrees
to increase CCI's monthly Fixed Fee by four (4) percent.
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EXHIBIT BTO AGREEMENT
BETWEEN
OR'NER AND CDM Constructor's Inc.
FOR
PROFESSIONAL SERVICES
DESCRIPTION OF BASIC O&M SERVICES
,UND RELATED MATTERS
The terms and conditions for payment are as follows:
The City shall pay CCI a nnontlniy fixed fee, according to the schedule below for all personnel and
direct expenses related to staffing the current City wastewater facilities.
STAFFING & FLKED EEE
SERVICES
Position
Plant Manager
Operations Supervisor
Lead Mechanic
Lab Technician
viechanic
Plant Operator
IPP Technician
Office Professional
Program Manager
CDC's & Miscellaneous
Sub -total Fixed Fee
Number Monthly Pee
$ 17,708
$ 17,250
I
$
14.375
1
$
12;458
1
$
12,458
5
S
57,500
1
$
11,500
1
$
9,583
0.25
$
7;292
1
$
3,500
$ 163,624
The City shall pay CCI a monthly variable- fee, based on actual expenses incurred, with an eight
percent (8%) markup for project eosis that will vary monthly depending on process and O&,'vl
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requirements. For purposes of this agreement, the monthly variable costs have been estimated to
be representative of an annual average expected allowance on a monthly average basis.
COI's monthly variable expense estimate for the City of Petaluma W WTF.O&M is as follows.
VARIABLE PASS THROUGH COST ESTIMATE
Residuals Disposal
$
16,000
Outside Lab Services
$
6,000
Chemicals
S
8,000
Repair & Maintenance
$
4,000
Insurance As Described in PSA
$
10,000
Sub -total Variable Costs
$
44,000
CCI's total monthly service fee, including both fixed fee and variable costs is estimated as
follows.
TOTAL O&MMONTHLI'SERVICE
FEE $ 207,624
The total estimated contract amount for the 10 month term is $2,076,240. This amount may be
increased by mutual agreement providing (1) the term of the service agreement is extended or (2)
the actual experience for variable costs exceeds the estimated expense.
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EXHIBIT C
INSURANCE
CC] and any subcontractor shall nut commence wort: under this Agreement until CC] shall have
obtained all insurance required under this paragraph and such insurance shall have been approved
by the City Attorney as to form and carrier and the City Manager as to sufficiency, nor shall CCI
allow any contractor or subcontractor to commence work on this contract or subcontract until all
similar insurance required of CCI and/or subcontractor shall have been so obtained and approved.
All requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
CCI shall procure and maintain for the duration of the contract all necessary insurance against
claims for bodily injury (including death) or damages to tangible property to the extent caused by
the negligent performance of the work hereunder by CCI, CCI's agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Bodily injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required bythe State of California and
Employer's Liability Insurance.
4. Such other insurance coverages and limits as may be required by the City prior to
execution of this agreement.
S. Contractor's Pollution Liability Insurance.
B. A4iniamm, Limits of Insurance
CCI shall maintain limits no less than:
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I . General Liability: $8,000,000 per occurrence/aggregate for bodily 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 project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $2,000,000 each accident.
Bodily Injury by Disease - $2,000,000 policy limit.
Bodily Injury by Disease - $2,000,000 each employee.
4. Contractor's Pollution Liability insurance in the amount of $5,000,000 per
claim/total all claims.
5. Such other insurance coverages and limits as may be required by the City prior to
execution of this agreement.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
D. Other Insurance Provisions
The required general liability, automobile and contractor's pollution liability policies are
to contain, or be endorsed to contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers shall be named
as additional insureds as respects: liability caused by work or operations
performed, or ownership, maintenance or use of autos, by or on behalf of CCI;.
The policies shall contain a separation of insureds clause stating that, with the
exception of limits of insurance, coverage shall apply separately to each insured
(including additional insureds) as if they are the only insured..
2. For any claims caused by CCI'S negligence, CCI'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 COI's
insurance and shall not contribute with it.
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1 CCPs 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.
d. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled or non -renewed except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the
City.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A; VII.
F. Verification of Coverage
CCI shall famish the City with certificates of insurance evidencing the coverages
required herein. The certificates are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates are to be received and approved by the City before work-
commences.
orkcontinences.
G. Property Insurance
CITY shall purchase and maintain standard fire insurance policies including extended
coverage to the full insurable value of the Wastewater Treatment Facilities and CCI will be
named as an additional insured according to its insurable interest under these policies during the
term of this Agreement and CCI shall have no liability to CITY or its insurance carrier with
respect to loss, damage and/or destruction covered by such policies. City agrees and shall assure
that CCI shall not be liable to CITY and shall not be liable to its insurance carrier for subrogation
rights for payments made per the policy and shall not be liable for any damage in excess of the
coverage.
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EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS PROJECTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SE 0.
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. By signing this Agreement, CCI agrees that CCI is aware of the provision of California
Labor Code section 3700 which requires every employer to be insured against liability
for workers compensation or to undertake self-insurance in accordance with the
provisions of the California Labor Code, and that CCI will comply with such provisions
before commencing performance of the Services.
C. CCI 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 IS 10 and following.
WAGES:
A. In performing the 0&M contract services for the City, CCI will fully comply with all
applicable local, state, and federal rules, laws, regulations and/or pertaining to the
performance of the services pursuant to this Agreement. Such laws include, but are not
limited to, the California Prevailing Wage Law codified in Labor Code section 1720 and
following. The services performed pursuant to this Agreement will be performed in
accordance with all applicable requirements of the California Prevailing Wage Law.
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