HomeMy WebLinkAboutStaff Report 4.E 01/22/2018DATE: January 22, 2018
Agenda Item #4.E
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: D �., : ASCE — Director, Public Works and Utilities
Leah Walker P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with EOA, Inc. to Assist the Stormwater Program with a Trash Full
Capture System Feasibility and Cost - Benefit Evaluation
RECOMMENDATION
It is recommended that the City Council Adopt a Resolution Authorizing the City Manager to
Execute a Professional Services Agreement (PSA) with EOA, Inc. (EOA) to Assist the
Stormwater Program with a Trash Full Capture System Feasibility and Cost - Benefit Evaluation,
BACKGROUND
As discussed at the Council Workshop on November 13, 2017, the City manages a
comprehensive stormwater program to meet regulatory requirements of the National Pollutant
Discharge Elimination System (NPDES) Phase II General Permit for Small Municipal Separate
Storm Sewer Systems (MS4 Permit). On April 7, 2015, the State Water Resources Control Board
(Water Board) adopted an Amendment to the Water Quality Control Plan of California to
Control Trash and approved Part 1 of the Trash Provisions of the Water Quality Control Plan for
Inland Surface Waters, Enclosed Bays, and Estuaries of California, referred to as "the Trash
Amendments." These amendments became effective on December 2, 2015 and apply to all Phase
I and 11 MS4 permittees.
On June 1, 2017, the Water Board issued Water Code Section 13383 Orders to Phase II MS4
per7nittees containing the following trash related requirements:
Select a compliance method Track 1 or Track 2, and submit preliminary jurisdictional
map showing priority land use areas (PLUS) and corresponding storm drain network, by
September 1, 2017. Track 1 repairs installation of Full Capture Systems (FCSs) from all
PLUs while Track 2 uses a combination of controls including installation of FCSs, multi-
benefit projects, other treatment controls, and /or institutional controls. The City selected
Track 2.
• Track 2 agencies must submit an updated map showing all PLUS, corresponding storm
drain network, proposed locations of all FCSs and location of other controls that will
achieve Full Capture System Equivalency (Equivalency), and trash levels using visual
assessment approach. Submissions are to include an Implementation Plan explaining how
controls will achieve Equivalency, and how Equivalency will be demonstrated.
By selecting Track 2, the City's implementation plan must demonstrate Equivalency and meet
Water Board approval. Equivalency will be demonstrated by setting up a baseline trash level
through visual assessment, then establishing milestones to show progress towards 100 percent
compliance within 10 years. The visual assessment protocol the City used to establish its
baseline trash level is a Water Board funded evaluation that is part of a shared project with Bay
Area Stormwater Management Agencies Association ( BASMAA).
Full compliance with the Trash Amendments is within 10 years of the effective date of the
permit. The City's current MS4 permit expires on June 30, 2018. The trash control
implementation requirements will be included in the City's MS4 permit upon reissuance.
DISCUSSION
The City began addressing the Water Board's Trash Amendments by participating in a regional
project with other North Bay MS4 Phase II permittees coordinated by BASMAA. EOA, Inc. was
retained to help BASMAA Phase II permittees plan for implementation and develop an
Equivalency approach, map PLUS and baseline trash generation, and identify optimal FCS
locations. With EOA's technical assistance, the City's jurisdictional map with current baseline
trash levels in PLUS and the corresponding storm drain network was submitted on time to the
Water Board. EOA's scope included the following additional tasks needed to meet the December
1, 2018 deadline:
• A roadmap identifying all tasks necessary comply with Trash Amendments
• Identified optimal locations for FCSs
• Developed guidance document for Implementation Plan
• Developed guidance document for Full Capture Operation and Maintenance Plan
The FCS locations were identified based on estimated trash reduction potential, and are
considered preliminary until storm drainage systems associated with the FCSs are verified and
the feasibility of installing the trash capture systems at proposed locations is confirmed. As
requested, EOA submitted a proposal to assist the City with a FCS feasibility and cost - benefit
evaluation. EOA's work through BASMAA to establish preliminary requirements has been
satisfactory and has demonstrated their technical background and competency in this area. For
that reason, no other firms were requested to propose for the work.
The scope of services and fee for completing the evaluation is summarized as follows:
• Estimate Sizing of Potential Large Systems in nine FCSs.
• Calculate Lifecycle Costs for Large and Small Systems.
• Final Technical Memorandum.
• On -Call Technical Assistance for negotiating permit requirements
N
The estimated professional service fee for the above tasks is $24,000. Optional Task to Update
Baseline Trash Generation Map with an established budget 7 of $6,500.
It is recommended that City Council award of the Professional Services Agreement for technical
assistance for a Trash Full Capture System Feasibility and Cost - Benefit Evaluation to EOA for a
not -to- exceed amount of $30,500. The project will start in late winter and continue through
December 2018.
FINANCIAL IMPACTS
The agreement is for a period through December 31, 2018 at a projected cost not to exceed
$30,500. Approximately $24,000 of the total contract award will be funded through the storm
water enterprise fund account, 6800.68100.54140 during FY17/18. These expenditures were not
anticipated and a budget transfer will be required to meet projected cost during FY17 /18. Funds
for FY 18/19 will be budgeted to cover remaining contract amount.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement and Scope of Services (Exhibit A)
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH EOA, INC. TO ASSIST THE
STORMWATER PROGRAM WITH A TRASH FULL CAPTURE SYSTEM
FEASIBILITY AND COST - BENEFIT EVALUATION
WHEREAS, trash and litter are a pervasive problem in California and studies show that trash is
generated predominately on land and then transported to a receiving water body through storm
water transport; and
WHEREAS, the City of Petaluma manages a storm water program under Order by the State
Water Resources Control Board (Water Board) to meet the requirements of the National
Pollutant Discharge Elimination System (NPDES) General Permit for Waste Discharge
Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems
(Storm Sewer) ; and
WHEREAS, on April 7, 2015, the Water Board adopted a statewide policy for trash control in
California referred to as "the Trash Amendments" that will be incorporated into the City of
Petaluma's permit upon reissuance; and
WHEREAS, on June 1, 2017, the Water Board issued Water Code Section 13383 Orders to
traditional Small Phase II Storm Sewer permittees to comply with statewide trash provisions; and
WHEREAS, the City of Petaluma has responsibility to meet full compliance with the Trash
Amendments within 10 years of the effective date of the order, and specific requirements of the
Section 13383 Order by December 1, 2018 including the submission of a map identifying
locations of full trash capture devices and an implementation plan to demonstrate full trash
capture; and
WHEREAS, EOA, Inc., an environmental consulting firm that specializes in water quality
stewardship, has successfully managed and implemented trash reduction programs in the Bay
Area for Phase I and Phase II Storm Sewer permittees and is uniquely suited to provide the
support outlined in the scope of services; and
WHEREAS, EOA, Inc. assisted the City of Petaluma to meet compliance with the first
requirements of the Section 13383 Order due September 1, 2017 and is familiar with the City's
needs for compliance with the Trash Amendments; and
WHEREAS, a bidding process for the consultant services was not pursued because EOA, Inc.
has demonstrated exemplary performance, they are familiar with the City of Petaluma's
compliance needs, and they perform similar compliance planning and implementation for other
Phase I and II municipalities in the Bay Area; and
WHEREAS, City staff, upon careful review of the submitted proposal for completeness and
competency, recornmends execution of a Professional Services Agreement with EOA, Inc. to
F.
assist the City of Petaluma with a Trash Full Capture System Feasibility and Cost - Benefit
Evaluation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby authorizes the City Manager to Execute a Professional Services Agreement with EOA,
Inc. to Assist the City of Petaluma with a Trash Full Capture System Feasibility and Cost - Benefit
Evaluation in an amount not to exceed $30,500.
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
Trash Full Capture System Feasibility and Cost - Benefit Evaluation
(Title of Project)
FY 17/18
Fund # 6800
Cost Center 68100
Object Code 511,10 Project 11
Amount $24,000
For
multiyear contracts
or contracts with multiple accounts:
FY 18119
Fund # 6800
Cost Center 68100
Object Code 541,10 Project #
Amount $6,500
FY
Fund #
Cost Center .
Object Code Project 11
Amount $
FY
Fund #
Cos( Center
Object Code Proicet #
Amount
FY -
Fund #
Cost Center
Object Code Project #
Amount $
FY _
Fund #
Cost Center
Object Code Project ll
Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective
as of , 20 ( "Effective Date "), by and between the City of Petaluma, a
city use an y
municipal corporation and a charter city ( "City ") and EOA, Inc., a enyiromnental 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.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $30,500 without prior written authorization of the
City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D, Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department a current W -9 form available from the IRS website (ww w,irs,gov)
and has obtained a currently valid Petahuna business tax certificate.
PROFESSIONAL SERVICES AGREEMENT 6
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E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
Term. The term of this Agreement conllnences on the Effective Date, and terminates on
December 31, 2018, unless sooner terminated in accordance with Section 4, Upon
termination, any and all of City's documents or materials provided to Consultant and any
and all of the documents or materials prepared for City or relating to the performance of
the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement, If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services,
5. 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 persomiel
to perforin all Services corder this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment,
6. Facilities and Egaipmenf. 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 teen of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time, Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement,
p. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
PROFESSIONAL SERVICES AGREEMLNT 7
(60932 1) Oct 2017
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10, Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will inunediately 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
fillly 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, worlunanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
IS, Ass igynmenffransfer, No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16, Subeonti-actors. 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
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PROFESSIONAL SERVICES AGREEMENT g
(609321) Oct 2017
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance, The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical of
mental disability in violation of any applicable law.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
( iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
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PROFESSIONAL SERVICES AGREEMENT 9
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(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 Cleric
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778 -4360
Fax: (707) 778 -4554
Email: citycicrk@ci,petaluma,ca.us
ci.petaluma.ca.us
And:
Chelsea Thompson
Enviromnental Services Anlatyst
3890 Cypress Drive
Petaluma, CA 94954
Phone: 707 -776 -3728
Fax: 707 - 656 -4067
Email: cthompson(qDci.petaluma.ca.us
Consultant: Chris Sommers
EOA, Inc.
1410 Jackson Street
Oakland, CA 94612
Phone: 510- 832 -2852
Fax:
Email: esommers@eoaine.com
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ( "Indemnnitees ") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability ") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFESSIONAL SERVICFS AGRELiMFNr 10
(609321) Oct 2017
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar clays 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 indenmity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indenulity against the
Indemnitees concerning any Liability of the Consultant arising out of or in cormection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement. The defense and indemnification obligations of this Agreement shall no way
be limited by, the insurance obligations that apply to this Agreement pursuant to Section
23.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be atnended 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 tune, Consultant's duty to indernnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8,
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B -1, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B -J," "B -2," "B -3," or "BAD
City reserves the right to review any and all of the required insurance policies and /or
endorsements, but has no obligation to do so. City's failure to demand evidence of full
compliance with the insurance requirements set forth in this Agreement or City's failure
to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all tunes during
the performance of this Agreement.
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
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PROFESSIONAL SERVICES AGREENIENT I I
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25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
27, Governing Law; Venue, This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28, Non- Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in Rill force and effect.
29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31, Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
PROPGSSIONA]. SERVICES AGREEMENT 12
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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,
33. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement,
35. Entire Agreement. This Agreement, including the exhibits attached hereto and
I
ncorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS 'WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
file name: Sa?nvironmental Services\Storm Wateffrash Amendment\Couneil\EOA PSAIEOA Agreetneut
PROFESSIONAL SERVICES AGREEMENT
(609321) Oct 2017 13
Exhibit A
D
Environmental and Public Health Engineering
December 1 4, 2017
Chelsea Thompson
City of Petaluma
cthompson@ci.petalurno,ca,us
Subject: Proposal to assist the City of Petaluma with a Trash Full Capture System Feasibility and
Cost - Benefit Evaluation
Dear Chelsea:
Through a regional project coordinated by the Bay Area Stormwater Management Agencies
Association (BASMAA), EOA recently assisted the City of Petaluma (Ci.ty) and other North Bay
municipalities with planning tasks to begin addressing the State Water Resources Control Board's
Trash Amendments. Through the BASMAA project, EOA identified locations where small (inlet
based) or large trash full capture systems should be considered by the City. Although these
locations should be considered preliminary because they were based on limited information
that was available for the project, they do form a starting point to inform trash control measure
implementation planning by the City.
This letter transmits our proposal to assist the City with additional technical and regulatory
services for addressing fhe Trash Amendments and associated NPDES permit requirements,
Specifically, the tasks described in this proposal will assist the City by providing a cost - benefit
analysis of installing different types of trash full capture systems at locations identified by EOA
during the BASMAA project. The locations are intended to intercept trash from areas identified
by the City as generating moderate, high, or very high levels of trash. The evaluation will
estimate lifecycle costs (including capital and operation and maintenance) per system (i.e.,
large devices) or groups of systems (i,e., inlet- based).
Scope of Work
Task 1. Estimate Sizing of Potential Large Systems
Trash full capture systems are designed to intercept and screen trash transported from peak
flows resulting from the 1 -year, 1 -hour rainfall event in the land area draining to file system. A
total of nine locations for large trash capture systems were identified in the City via the BASMAA
project. Land areas draining to each system were also estimated. To calculate the size of each
system, the peak runoff flows resulting from the 1 -year, 1 -hour rainfall event need to be
calculated for land area draining to each system.
As part of this task, EOA will review and modify the estimated drainage areas to each of the nine
locations previously identified, collate land use and rainfall information, and calculate the peak
flows from the 1 -year, 1 -hour event for each location. EOA will use the "rationale" hydrologic
method for calculating runoff and general engineering assumptions and data inputs that are
standard industry practice. Flows calculated for each location will be used to estimate the size
of large capture system needed to achieve the "full trash capture" standard,
EOA, Inc. 0 1410 Jackson Street o Oakland, CA 94612 • Tel: (510) 832 -2852 0 Fax: (510) 832 -2856
1021 S, Wolfe Rd., Suite 185 o Sunnyvale, CA 94086 o Tel: (408) 720-8811
14
Exhibit A
Chelsea Thompson
City of Petaluma
Page 2 of 4
Task 2. Calculate Lifecycle Costs for Large and Small Systems
Using the inforrrration developed through the BASMAA project, Task 1 of this project, and
additional data /information provided by the City, EOA will develop preliminary planning level
costs for designing, purchasing, installing, and maintaining full capture systems recommended
for consideration at locations identified via the BASMAA project. Cost estimates will be
developed based on EOA's current understanding of the costs associated with the design,
purchase, and installation of the systems. Contingencies for construction will also be included.
Operation and maintenance costs will be based on our understanding of level and frequency of
maintenance that will be needed to continue achievement of the full capture system standard.
Costs will be provided as one -time and annualized (capital) costs, and lifecycle costs (capital
and O &M) for each systems and location combination.
Task 3, Develop Draft Technical Memorandum
The Project Team will develop a draft technical memorandum that summarizes the results of
Tasks 1 and 2. The draft memorandum will include the anticipated trash capture benefits and
the preliminary planning level cost estimates for each potential full capture projects. Potential
projects will be compared via a matrix which rates the projects based on costs, trash load
reduction benefits, maintenance requirements, hydraulic impacts and drainage area captured.
The draft memorandum will be.provided in electronic format.
Task 4. Meeting with City Staff
EOA will meet with City staff to discuss the draft technical memorandum, including the locations
of potential full capture systems and costs- benefits associated with each. The budget assumes
one approximately 2 -hour meeting,
Task 5. Final Technical Memorandum
The draft memorandum will be updated based on written feedback from City staff and
discussions that occurred during Task 4. The final memo will reflect a finalized cost - benefii
evaluation for each potential trash full capture system location. The matrix created in Task 3 will
also be updated and finalized in the memo. The final memorandum will be provided in pdf
format.
Task S. On -call Technical Assistance
EOA will provide on -call technical and regulatory services as directed by the City. Services may
include, but are riot limited to, providing guidance on trash management control measures,
load reduction estimates, compliance reporting, and other stormwater management related
activities. EOA will provide on -call services within the budget allotted and within timeframes
agreed upon by both EOA and the City.
Task 7, Update Baseline Trash Generation Map (Optional Task)
As part of the BASMAA project, preliminary baseline trash generation maps were created for the
City. These maps were based on one round of on -land visual trash assessments conducted by
the City. The State Water Board requires that each municipality conduct at least two rounds of
assessments. It is our understanding the City is in the process of conducting the second round of
assessments.
15
Exhibit A
Chelsea Thompson
City of Petaluma
Page 3 of 4
Based on the first and second rounds assessments conducted by the City and provided to EOA,
EOA will update the City's baseline trash generation maps that depict levels of trash generation
in priority land use areas. Consistent with State Water Board guidance, the City's updated trash
generation map will be developed based on the worst on -land visual assessment score
identified for each priority land use area, The revised map will be provided in draft and final form
to the City. The final version will serve as the map required to be submitted to the State Water
Board by December 2018 with the City's "Track 2 Implementation Plan."
Assigned Personnel
The project manager and lead staff on the project will be Chris Sommers, Managing
Scientist /Assistant Operations Manager at EOA, Inc. Jocelyn Walker, John Fusco and Nick Zigler
will be assist Chris on these tasks. All assigned staff has extensive experience in assisting
municipalities in the Bay Area with NPDES stormwater permit compliance and providing
engineering /technical guidance on implementing the trash reduction measures and
developing cost estimates for trash full capture systems.
Estimated Budget and Schedule
Our estimated not -to- exceed cost for completion of this scope of work is $24,000, not including the
optional Task 7 ($6,500). The costs are broken down by task in Table 1 and include an allowance
for expected expenses in accordance with the rate schedule. The work will be conducted on a
time - and - materials basis according to the attached Fee Schedule. A schedule for completing this
scope of work and associated deliverables is also included in Table 1. We anticipate that all tasks
will be completed by February 2018.
Again, thank you for the opportunity to submit the revised proposal. Please contact me at 510-
832 -2852, ext. 109, if you have any questions or would like to discuss this further.
Sincerely,
Chris Sommers
Managing Scientist
EOA, Inc.
Attachment — 2017 Fee Schedule
16
Exhibit A
Table 1. Proposed project deliverables, schedules (assumes a notice to proceed date of
November 24, 2017) and costs.
Task
Task
Deliverable
Completion Date
Estimated Costs
Estimate Sizing of
Sizing table for nine large
1
Potential Large
trash full capture systems (to
December 22, 2017
$3,000
Systems
be included in draft report)
Calculate
Lifecycle cost table for large
2
Lifecycle Costs for
and small trash capture
January 12, 2018
$2,500
Large and Small
systems (to be included in
Systems
draft report)
Develop Draft
Draft technical
3
Technical
memorandum in electronic
January 26, 2018
$7,500
Memorandum
format (includes sizing and
lifecycle costs tables)
4
Meeting with City
NA
Early February 2018
$2,000
Staff
Final technical
Final Technical
memorandum In electronic
Two weeks following
5
Memorandum
format that addresses
comments received by
$2,000
comments received from
City staff
City staff
6
On -call Technical
Assistance
To be determined
To be determined
$7,000
Total
$24,000
Update Baseline
One draft and one final set
Trash Generation
of baseline trash generation
7
Map
maps in pdf, jpeg, Google
To be determined
$6,500
(Optional Task)
Earth, and GIS shapefile
formats
Total (Including Optional Task 7)
$30,500
17
2017 FEE SCHEDULE
The following fee schedule covers personnel rates for EOA, Inc. staff.
Our charges are divided into two categories: personnel, and direct expenses. A new fee schedule is issued at the
beginning of each year. Charges for all work, except where other arrangements have been made, are based on the new
schedule of charges.
PERSONNEL
Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks
include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report
preparation, Personnel rates are as follows:
Personnel Category Hourly Rates
Principal Enghreer ................ ........................... $263
Managing Engineer /Scientist III ....................... $255
Managing Engineer /Scientist I I-- ..... ....... .............................. .... $242
Managing Engineer /Scientist 1 ........................ $231
Senior Engineer /Scientist III — Project Leader .............. $212
Senior Engineer /Scientist /Planner 11. ................. $194
Senior Engineer /Scientist /Planner I ..................... ........................... $178
Associate Engineer /Scientist Ill ........................ ..... $169
Associate Engineer /Scientist Il ........................ ............................... $160
Associate Engineer /Scientist 1 ......................... ............................... $137
Technician....................................................... ............................... $108
Clerical /Computer Data Enh', y ... ................................. — ....... .......... $76
Charges for professional services are in increments of one quarter -hour. Depositions /legal testimony charged portal -to-
portal, at 200% of standard rates, with a four -hour minimum charge. In accordance with California Civil Procedure
2037.7, where applicable, the mininnum fee must be paid prior to commencement of testimony. Preparation for court
cases is charged on a time - and - materials basis as outlined in this fee schedule.
DIRECT EXPENSES
Reimbursement for expenses directly related to services provided will be charged at cost plus 10 %, Examples
of such direct expenses include:
• Costs of sub - consultants or subcontractors
• Costs of special fees (insurance, permits, etc.)
• Costs of long - distance telephone, copying, drafting, blueprints, etc. (EOA copies charged at $0.10
each for B &W, $0.35 each for color. Large format $0.15 /sq ft for B &W, $0.50 /sq ft for color)
• Costs of color map production supplies (color ink and large format paper)
• Costs or rental of special equipment
• Costs of authorized travel outside Bay Area
• Automobile mileage directly related to services, at current IRS rate (2017 rate is $0.535/mile)
INVOICES
Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable
upon receipt unless prior arrangements have been made. Interest of 1-1/2% per month, or the maximum rate
allowed by law, is payable on accounts not paid within 30 clays.
EOA, Inc. • 1410 Jackson Street • Oakland, CA 94612 • Tel: (510) 832 -2.852 • Fax: (510) 832 -2856
um
INSURANCE REQUIREMENTS
EXHIBIT B -2
Consultant's performance of the Services under this Agreement shall not corrnnence 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 comlection 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 Conunercial General Liability coverage:
a. Personal injury;
b, Contractual liability.
1 Insurance Services Office form covering Automobile Liability, code I (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 dainage. 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 nnust be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit 132
Pagel of 3
INSURANCF. REQUIRLMLNTS (City) 20
(609325) Oct 2017
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.
City reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so, City's failure to demand evidence of full
compliance with the insurance requirements set forth in this Agreement or City's failure
to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during
the performance of this Agreement,
D. Other Insurance Provisions
'The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
I , 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 owned, 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
prinnary 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 alTect 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 limit's of the insurer's
liability,
5. 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 for commercial general liability,
automobile liability and worker's compensation 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 minimum insurance coverage
requirement and /or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the rninfinum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximuun limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
Exhibit B2
Page 2 or 3
INSURANCE REQUIREMENTS (City) 21
(609325) Oct 2017
8, The limits of insurance required in this Agreement may be sat- isfied 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
oi' Petahuna before the City of Petaluma's own insurance or self - insurance shall
be called upon to protect it as a named insured.
I•J. Acceptability of Insurers
Insurance is to be placed with insurers with a euiTent A.M. Best's rating of no less than
ANII,
F. Verification of Covea•age
Consultant shall fin -nish 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.
Exhibit B2
Page 3 of 3
INSURANCE R- EQUIREMENTS (City) 22
(609325) Oct 2017
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 Conninunity 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,
an findings ndings of violation of law or regulation by any regulatory agency of count
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 Coni-nissioner), 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 begiiuiing 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.
Page 1 of 3
LIVING WAGE ACKNOWLEDGF.MENr
AND CERTIFICATION
(1638647.2) Nov 2012 24
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
Date:
(Print Name of Covered Entity /Business Capacity)
By
(Print Name)
/s/
(Signature)
Its
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012 25
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 RF_,GULATION 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, SUBCONTRAC'T'OR, LESSEE, FRANCHISEE
AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION- FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE C- HAPTER 8.36 (LIVING WAGE ORDINANCE), AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIA'I'F,LY PRIOR'I'O THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DA'Z'E, THE REGULATORY AGENCY OR COURT MAKING 'I'I-LE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITA'T'ION 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 kmown:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1639697,2) Nov 201226