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HomeMy WebLinkAboutResolution 2018-011 N.C.S. 01/22/2018Resolution No. 2018 -011 N.C.S. of the City of Petaluma, California 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 11 municipalities in the Bay Area; and WHEREAS, City staff, upon careful review of the submitted proposal for completeness and competency, recommends execution of a Professional Services Agreement with EOA, Inc. to Resolution No. 2018 -011 N.C.S. Page 1 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. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by theprcved as to Council of the City of Petaluma at a Regular meeting on the 22nd day of January �. rrt1: 2018, by the following vote: /` ! City At orney AYES: Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller NOES: None ABSENT: Albertson ABSTAIN: None l ATTEST: �- City Clerk or Resolution No. 2018-011 N.C.S. Page 2 Exhibit A 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 54140 PrUjcct # Amount $24,000 For multi -year contracts or contracts with multiple accounts: FY 18/19 Fund # 6800 Cost Center 68100 Object Code 54140 Project ti Amount $6,500 FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Cenler Objcet Code Project # Amount FY Fund It Cost Center Object Code Project # Amount $ FY _ Fund # Cost Center Object. Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective as of , 20 (`Effective Date "), by and between the City of Petaluma, a city use nn y municipal corporation and a charter city ( "City ") and EOA, Inc., a environmental consultant ( "Consultant ") (collectively, the "Parties "). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: I, 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 (w)Yw.irs.gov) and has obtained a currently valid Petaluma business tax certificate. Resolution No. 2018 -011 N.C.S. Page 3 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 conunences 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 inunediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency, Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement, In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement, If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services, S. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement, It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City, This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, fiurnish 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 tei7n of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services, 8. Tinge, Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement, All work done and materials furnished, if any, shall be subject to Resolution No. 2018 -011 N.C.S. Page 4 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: malting government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of tine 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, worltmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same, 15, Assignment /Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City, 16, Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the Rill extent applicable, with Resolution No. 2018 -011 N.C.S. Page 5 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 govermnent agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. LivinI4 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 ailected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance, The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a. Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or Resolution No. 2018 -011 N.C.S. Page 6 (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 alter 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerlc @ci.petaluma.ca.us And: Chelsea Thompson Enviromnental Services Arilalvst 3890 Cypress Drive Petaluma, CA 94954 Phone: 707 - 776 -3728 Fax: 707 - 6564067 Email: etbompsoii@ci.l)etalLiiiia.ca.us Consultant: Chris Sommers EOA, Inc. 1410 Jackson Street Oakland, CA 94612 Phone: 510 -832 -2852 Fax: Email: csomrxiers @,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 ( "Indemnitees ") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability ") of every nature, whether actual, alleged or threatened, arising out of or in comlection 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 Indeinnitees. Resolution No. 2018 -011 N.C.S. Page 7 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and 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 linuted to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant: waives any and all rights to express or implied indemnity against the Indennnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. The 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 amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to tune. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782,8. 23, Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B -1 attached hereto and incorporated herein by reference. [Indicate attached exhibit, e,g., "B -1," "13-2," "B -3," or ` 13 4, "1 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, 24, Amendment. This Agreement may be amended only by a written instrument executed by both Parties. Resolution No. 2018 -011 N.C.S. Page 8 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 though 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 requited 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. Resolution No. 2018 -011 N.C.S. Page 9 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 incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney file name: S:U'.nvironmental Services\Stonn WateATrash AmendmeutlCouncil\EOA PSA\EOA Agreement Resolution No. 2018 -011 N.C.S. Page 10 Exhibit A Environmental and Public Health Engineering December 14, 2017 Chelsea Thompson City of Petaluma cthompson@ci.petaluma.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 (City) 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 I assist the City with additional technical and regulatory services for addressing the 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 Worl< 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 the 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 [arid use and rainfall information, and calculate the peak flows from the t -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, f=lows 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. a 1410 Jackson Street • Oakland, CA 94612 • Tel: (510) 8322852 • Fax: (510) 832 -2856 1021 S. Wolfe Rd., Suite 185 o Sunnyvale, CA 94086 . Tel: (408) 720-8811 Resolution No. 2018 -011 N.C.S. Page 11 Exhibit A Chelsea Thompson City of Petaluma Page 2 of 4 Task 2. Calculate Lifecycle Costs for Large and Small Systems Using the information 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 S. 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 - benefit evaluation for each potential trash full capture system location. The rnatrix created in Task 3 will also be updated and finalized in the rnemo. The final memorandum will be provided in pdf format. Task b, On -call Technical Assistance EOA will provide on -call technical and regulatory services as directed by the City. Services may include, but are not 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. Resolution No. 2018 -011 N.C.S. Page 12 Exhibit A Chelsea Thompson City of Petalurna 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 -fo- 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 Resolution No. 2018 -011 N.C.S. Page 13 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 Staff NA Early February 2018 $2,000 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 Resolution No. 2018 -011 N.C.S. Page 14 Environmental and Public Health Engineering Exhibit A 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 beginnhig 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, enginect -mg and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel Category Hourly Rates Principal Engineer ............................. $ .............. 263 Managing Engineer /Scientist III . ............................... ....... $255 Managhrg Engineer /Scientist II ....................... ............................... $242 Managing Engineer /Scientist I ........................ ............................... $231 Senior Engineer /Scientist III — Project Leader .............. $212 ................. Senior Engineer /Scientist /Planner 11 ........................ $194 Senior Engineer /Scientist /Planner I ................. ............................... $178 Associate Engineer/ Scientist III .......................... ........................... $169 Associate Engi ieer /Scientist Il ....... __ .................... $160 Associate Engineer /Scientist I ......................... ............................... $137 Technician....................................................... ............................... $108 Clerical /Computer Data Entry ... — ................... ............................... $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 minimum 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. (130A 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/s (1 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 days. EOA, Inc. • 1410 Jackson Sheet • Oakland, CA 94612 • Tel: (510) 832 -2852 • Fax: (510) 832 -2856 Resolution No. 2018 -011 N.C.S. Page 15 INSURANCE REQUIREMENTS EXHIBIT B -2 Consultant's performance of the Services under this Agreement shall not connnence 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. Minimuin Scope of Insurance Coverage shall be at least as broad as: 1. hnsurance Services Office Cointnercial General Liability coverage: a. Personal injury, b. Contractual liability. 2. Insurance Services Office forin covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property, damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self- Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or Resolution No. 2018 -011 N.C.S. Page 16 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 limits 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 Linder 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 inhiunum coverage and limits specified in this Agreement, or (2) the broader coverage and maxi-m- urn limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Resolution No. 2018 -011 N.C.S. Page 17 The limits of insurance required in this Agreement may be satisfied by by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Petaluma be ore the City of" Petal ma's own insurance or self - insurance shall be called upon to protect it as a named insured. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANTI. F. Verification of Coverage Consultant shall Ru -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, Resolution No. 2018 -011 N.C.S. Page 18 EXHIBIT C ACKNOWLEDGEMENT AND CERTIF41CATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between the City of Petaluma ( "City ") and/or the Petaluma Community Development Commission ( "PCDC ") and contractors, lessees, franchisees, and /or recipients of City and /or PCDC funding or financial benefits ( "covered entities "). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: ® Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Comunissioner), 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 Muuucipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and /or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Resolution No. 2018 -011 N.C.S. Page 19 SO ACKNOWLEDGED and CERTIFIED: Project or Contract LD: Date: (Print Name of Covered. Entity/Business Capacity) By (Print Name) /s/ (Signature) Its (Title /Capacity of Authorized Signer) Resolution No. 2018 -011 N.C.S. Page 20 REPORT OF CI3ARGES, COMPLAINTS, CITATIONS AND /OR I+INDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36,120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMEN`T'AL. OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND /OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND %LOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTIT (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL LABOR RELATIONS BOARD, WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION- FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL. CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIA`T'ELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CI'T'ATION 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 Flown: Resolution No. 2018 -011 N.C.S. Page 21 Exhibit A Environmental and Public Health Engineering December 14, 2017 Chelsea Thompson City of Petaluma cthompson @ci.petaluma.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 (City) 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 the 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 .- �Mno EEMMEM= 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 the 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. ® 1410 Jackson Street - Oakland, CA 94612 ® Tel: (510) 832 -2852 ® Fax: (510) 832 -2856 1021 S. Wolfe Rd., Suite 185 • Sunnyvale, CA 94086 m Tel: (408) 720-8811 Resolution No. 2018 -011 N.C.S. Page 22 Exhibit A Chelsea Thompson City of Petaluma Page 2 of 4 1111 1 1 FS • r • - - . • . •- • Using the information 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. 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. 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. 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 - benefit 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. EOA will provide on -call technical and regulatory services as directed by the City. Services may include, but are not 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. 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. Resolution No, 2018 -011 N.C.S. Page 23 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 Resolution No. 2018 -011 N.C.S. Page 24 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 Resolution No. 2018 -011 N.C.S. Page 25 Environmental and Public Fieallh Engineering December 14, 2017 Chelsea Thompson City of Petaluma cthompson@ci.petaluma.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 (City) 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 the 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 Tasi< 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 the 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 rnethod 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. C 1410 Jackson Street o Oakland, CA 94612 ^ Tel: (510) 832 -2852 a Fax: (510) 832 -2856 1021 S. Wolfe Rd., Suite 185 o Sunnyvale, CA 94086 o Tel: (408) 720-8811 Resolution No. 2018 -011 N.C.S. Page 26 Chelsea Thompson City of Petaluma Page 2 of 4 Task 2, Calculate Lifecycle Costs for Large and Small Systems Using the information 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 Tearn 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 assurYres 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- benefit 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 6. On -call Technical Assistance EOA will provide on -call technical and regulatory services as directed by the City. Services may include, but are not 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. Resolution No. 2018 -011 N.C.S. Page 27 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 reap 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, �(a -�� ----- Chris Sommers Managing Scientist EOA, Inc. Attachment - 2017 Fee Schedule Resolution No. 2018 -011 N.C.S. Page 28 Table 1. Proposed project deliverables, schedules (assures 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 format (includes sizing and January 26, 2018 $7,500 Memorandum Lifecycle costs tables) 4 Meeting with City Staff NA Early February 2018 $2,000 Final technical Final Technical memorandum in electronic Two weeks following 5 Memorandum formal 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 Resolution No. 2018 -011 N.C.S. Page 29 "I- n -'- Environmental and Public Health Engineering 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 al I 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 envifonnental consulting, enghneering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel Category Hourly Rates Principal Engineer ........................................... ............................... $263 Managing Engineer /Scientist III ........ ............................ ............. , $ ,. 25 5 Managing Engineer /Scientist 11 ....................... ............................... $242 Managing Engineer /Scientist I ............ ............ ........................... $231 Senior Engineer /Scientist III — Project Leadcr ............................... $212 Senior Enguneer /Scientist /Planner IL ............... ............................... $194 Senior Engineer /Scientist /Planner I ................................................ ................ $178 Associate Engineer /Scientist III_ .................... ............................... $169 Associate Enghieer /Scientist II ........................ ............................... $160 Associate Engineer/Scientist I ......................... ............................... $137 Technician....................................................... ............................... $108 Clerical /Computer Data Entry ......................... ............................... $76 Charges for professional services are in inerernnents 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 minimum 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 It 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 hnvoices are prepared and submitted on a monthly basis, as either final or progress billings and arepayable 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 days. EOA, Inc. • 1410 Jackson Street • Oakland, CA 94612 - Tel: (510) 832 -2852 - Fax: (510) 832 -2856 Resolution No. 2018 -011 N.C.S. Page 30