HomeMy WebLinkAboutStaff Report 4.D 05/21/2018DATE: May 21, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dn Sge
. E — Director, Public Works and Utilities
Da eiE. — Associate Civil Engineer, Public Works and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Engineering Design Services for the Payran Lift Station Upgrade
Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute a Professional Services Agreement for Engineering Design Services for the
Payran Lift Station Upgrade Project.
BACKGROUND
The Payran Lift Station is located near the intersection of Payran Street and Jess Street, directly
adjacent to the Petaluma River as reflected in Attachment 3. The station is a dual-purpose lift
station, a sewage lift station, and a stormwater pump station. The station pumps wastewater
originating from northwest Petaluma across the River to a gravity sewer line under Payran Street
that then flows to the City's Primary Influent Pump Station (PIPS) at Hopper Street. The PIPS
then pumps the wastewater directly to the Ellis Creek Water Recycling Facility. The station also
pumps stormwater directly into the Petaluma River during high rainfall events when the water
level in the river blocks gravity flow from street drainage improvements. The lift station, built in
1988, is in need of mechanical, electrical, and communication equipment upgrades to improve
reliability. The station currently requires significant maintenance to address chronic problems.
The project includes architectural, structural, mechanical, electrical equipment, instrument
control improvements, and communication upgrades to improve reliability and safety, and
reduce maintenance.
The proposed action meets Council Goal: "Plan for and implement priority capital projects as
funding permits."
DISCUSSION
On November 30, 2017, the City circulated a Request for Proposal (RFP) for engineering and
design services for this project. The following two firms responded: Nute Engineering and
Schaaf & Wheeler Consulting Engineers.
After careful consideration, reference checks, review of similar project deliverables, and review
of cost proposals, Nute Engineering is recommended as the firm best suited to perform these
services. Eight criterion identified in the RFP were used by the selection committee to determine
the most qualified proposal, including overall proposal, project scope and comprehension,
project management approach, technical approach, project team, schedule of hours, resumes of
team members with relevant work experience, and estimated schedule. Nute Engineering was
selected because they provided the most comprehensive proposal illustrating their extensive
experience with sewer lift stations engineering. They had the most detailed descriptions of
project management and technical approaches and provided the most thorough scope of work for
the requested services. Nute Engineering demonstrated extensive experience with numerous
municipality lift -station projects including many favorable reviews from clients.
It is recommended that Nute Engineering provide engineering services to support the upgrades
for the Payran Lift Station. The services include the following: complete pump station
assessment, complete design of new pump station including mechanical, electrical, structural,
and instrumentation upgrades, architectural improvements, and engineering services during
construction. The proposed scope of work is included in Attachment 2.
The schedule for the pump station improvements includes completing the design and selecting a
contractor by December 2018. The construction is estimated to take up to 10 months. The
construction phase is scheduled to be completed by the end of 2019.
FINANCIAL IMPACTS
The engineering and design services will be performed on a time and materials basis not to
exceed $153,202. The total proposed budget for this project (C66501519) is shown in the
approved FY 17/18 CIP budget as $2,267,000, with $385,000 specifically allocated for FY
17/18.
Project Costs
FY 17/18 CIP
Budget
FY 18/19 CIP
Budget
Total Budget
Planning/Environmental
$
5,000
$
0
$
5,000
Design
$
310,000
$
0
$
310,000
Administration
$
2,000
$
2,000
$
4,000
Construction Contracts
$
0
$
1,450,000
$
1,450,000
Construction Management
$
0
$
150,000
$
150,000
Contingency
$
45,000
$
250,000
$
295,000
Legal Services
$
1,000
$
0
$
1,000
CIP Overheads
$
22,000
$
30,000
$
52,000
TOTAL BUDGET
$
385,000
$
1,882,000
$
2,267,000
2
The project will be funded through the wastewater capital fund.
Funding Sources
Approved
17/18 CIP Budget
18/19 CIP Budget
Wastewater Capital Fund
$ 385,000
$ 1,882,000
ATTACHMENTS
1. Resolution
2. PSA Agreement
3. Location Map
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN
SERVICES FOR THE PAYRAN LIFT STATION UPGRADE PROJECT
WHEREAS, the City of Petaluma wishes to design and construct the Payran Lift Station
Upgrade Project ("Project"); and
WHEREAS, this Project requires the services of a quality professional civil engineering
design firm familiar with similar projects; and
WHEREAS, the City of Petaluma circulated a Request for Proposals on November 30,
2017 and two (2) proposals were received; and
WHEREAS, the proposals received were reviewed and evaluated for qualifications; and
WHEREAS, Nute Engineering's ability to produce quality work on civil engineering
projects has been demonstrated in Northern California municipalities; and
WHEREAS, based on the criteria outlined in the Requests for Proposals, staff
determined that Nute Engineering is the most qualified of the consultants who responded to
deliver the civil engineering design services and construction support necessary for the Project;
and
WHEREAS, staff recommends the City execute a professional services agreement with
Nute Engineering for civil engineering design services in order to complete construction plans,
specifications and provide construction support for the Payran Lift Station Upgrade Project.
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 for
civil engineering design services with Nute Engineering for the Payran Lift Station Upgrade
Proj ect in the amount not to exceed $153,202.
C!
Attachment 2
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
aty use on y
municipal corporation and a charter city ("City") and Nute Engineering, a Engineering
("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:
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 $153,202.00 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
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 (wwwJrs.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT
(609321) Oct 2017
A
PROFESSIONAL SERVICES AGREEMENT
Payran Lift Station Upgrade
(Title of Project)
FY 17/18
Fund # 6600
Cost Center 30300 Object Code 54140 Project# C66501519
Amount $108,660.00
For multi -pear contracts or contracts with multiple accounts:
FY 18/19
Fund # 6600
Cost Center 30700 Object Code 54140 Project# C66501519
Amount $44,542.00
FY
Fund #
Cost Center Object Code Project#
Amount $
FY
Fund #
Cost Center Object Code Project #
Amount $
FY
Fund #
Cost Center Object Code Project#
Amount $
FY
Fund #
Cost Center Object Code Project #
Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
aty use on y
municipal corporation and a charter city ("City") and Nute Engineering, a Engineering
("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:
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 $153,202.00 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
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 (wwwJrs.gov)
and has obtained a currently valid Petaluma business tax certificate.
PROFESSIONAL SERVICES AGREEMENT
(609321) Oct 2017
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
12/31/2019, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(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 Set -vices performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses'distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City -
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
PROFESSIONAL SERVICES AGREEMENT
(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 immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
M. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
PROFESSIONAL SERVICES AGREEMENT
(609321) 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 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
4
PROFESSIONAL SERVICES AGREEMENT
(60932 1) Oct 2017
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Public Works and Utilities Department
Attn: Dan St. John
202 N. McDowell Blvd,
Petaluma, CA 94954
Phone: (707) 778-4546
Fax: ,(707) 206-6034
Email: dstjohn@ci.petaluma.ca.us
Consultant: MUTE En ing Bering
Attn: Mark Wilson, P.E.
907 Mission Avenue
San Rafael CA 94901
Phone: (415) 453-4480
Fax: (415) 453-0343
Email: m.wilson(a,nute-enrg 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 Imes, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFESSIONAL SERVICES AGREEMENT
(609321) 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 days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement. The 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
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's dutyto indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8,
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit e.g., 44B-1," `B-2," `B-3," or `B-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.
PROFESSIONAL SERVICES AGREEMENT
(609321) Oct 2017
25. Litiization. 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. Governiniz 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 full 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.
PROFESSIONAL SERVICES AGREEMENT
(609321) Oct 2017
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 WIIEREOF, 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:
CONSULTANT
06,
Title
907 Mission Ave
Address
San Rafael, CA 94901
City State Zip
94--1510137
Taxpayer I.D. Number
L-0949802
Petaluma Business Tax Certificate Number
PROFESSIONAL SERVICES AGREEMENT
(609321) Get 2017
Task ].Technical Analysis —
Payran Lift Station
Civil and Mechanical Assessrnent of the Existing
Pump Station Facility
Specific tasks are described below. Based on
the investigation results, additional items may be
identified.
Preliminary Site Investigation for
Electrical and Structural Investigation
Assess temporary sewage bypass
pumping setup needs and prepare plan
Assess structural condition of wet well
and control building. This will include
recommendation of structural treatment
for the concrete structures and life
extending protective coatings. Assume
all hatches will be replaced with new
fall protection equipped hatches.
Assess flow meter installation
Motor Control Centers Standby Power and
SCADA Needs Assessment
Specific tasks are described below. Based on
the investigation results, additional items may be
identified.
® Review site security and site access for
maintenance, exterior lighting, and
intrusion alarm for site protection
® Assess required electrical loads for both
sewage and stormwater PSs for new
exterior generator installation with new
automatic transfer switch. City will
review and advise for recommended
load final design.
® Control building modifications to
remove interior generator and convert to
air-conditioned space
® Review existing SCADA connection
between Payran Lift Station & Ellis
Water Recycling Facility for sewage
pump station functions
® Maintain existing SCADA connection
between Payran Pump Station and
907 Mission Avenue I San Rafael, CA 94801
nurE e07Glnccfouc Phone; 415453.4480 JFav 415453.0343 1 wwnu(e-engrcom
Water Field Office for storm water
functions
Motor Control Center (MCC), field
wiring, and instrumentation
Integration of storm pump station
controls and exterior generator
Workshops lvith City Staff to Present
Investigation Findings
We suggest a workshop with Public Works Staff
and their SCADA/Instrumentation Consultant to
present our investigation findings, review and
discuss the ramifications for the final project and
identify pump station improvements. Based on
the results of the workshop we will incorporate
this information into the final project Technical
Memorandum.
Pump Station design assumptions and
improvement upgrades selection
Soon after the completion of the Technical
Memorandum we will meet with City Staff to
identify the key design assumptions and goals
for the Payran Pump Station Improvements
Project design.. This will kickoff the design
phase of the project.
Task 2. Final Design Development
A major part of this project is the addition of
standby power, automatic transfer switch and
likely replacement of the existing motor control
center for the sewage pump station. J. Calton
Engineering's approach for this project is that a
good electrical system is one that is safe,
reliable, and functions to provide the services
(power, status monitoring, alarms, etc.) required
to support the connected equipment. The
electrical design shall meet the applicable
industry standards; National Fire Protection
Association (NFPA) 820, Underwriters
Laboratories, National Electrical Code, NEMA,
and local, State and Federal Regulations. During
the assessment and design phase, John Calton
will engage the City's Operational and
Maintenance personnel and SCADA/
Instrumentation Consultant in a collaborative
effort in developing the electrical and control
systems. The end goal is an electrical system
TECHNICAL APPROACH I SCOPE OF INORK
4
that meets the end user's expectations. The
0 Attend pre -construction and weekly
contract documents shall include requirements
construction meetings
for as-builts, nameplates and labels, protective
0 Perform submittal review and response
device studies (arc flash labels), training, and
0 Perform RFI review and response
spare parts.
0 Review changed conditions and prepare
Nute Engineering will work closely with John
Change Orders
0 Provide consultations during
Calton in developing the complete pump station
construction period
improvements design including all electrical and
0 Perform MCC Factory Testing
instrumentation. It should be noted that this
0 Perform construction period site
partnership includes Nute's CAD department
inspections as needed (assume 3 visits)
preparing the electrical and instrumentation
sheets per John's direction.
0 Perform final inspection and Arc Flash
study
The following are key design assumptions and
0 Prepare final Record Drawings
task items identified for the design:
® Develop Electrical/Control System
Plans and Specifications
® Develop Control Room HVAC
improvements
® Develop Civil/ Structural improvements
® Prepare cost estimates for all project
elements
® Prepare and submit 65% review plans
and specifications, and conduct
workshop with City Staff to incorporate
their comments
• Prepare and submit 95% review plans
and specifications, conduct workshop
with City Staff
® Prepare and submit Final 100% plans
and specifications
Task 3. Bid Period Assistance
m Attend prebid meeting
® Respond to Contractor questions
Task 4. Engineering
Services During Construction
Nute Engineering regularly provides complete
construction management services for clients
including providing a full time construction
observer. However, for the Payran Pump
Station Improvements we propose to provide the
following engineering services during
construction;
5
907 Mission Avenue I San Rafael, CA 94901
rlML EnoluELwlnc Phone. 415 4514480 IFex 415A53 0343 1 .,,v.,.nUte-en9r Coll TECHNICAL APPROACH ISCOPE OFWORK
CITY OF PETALUMA
PROPOSAL FOR ENGINEERING AND DESIGN SERVICES
PAYRAN LIFT STATION
REVISED ESTIMATED COSTS AND FEE SCHEDULE (Feb 12, 2018)
,2
*Direct costs added for possible structural insitu testing service
Revised-Esthnated Costs -Fee SchedideAs
Principal
Senior
Engineer 11
Senior
Tech Admin
J. Calton
Direct Cost
TOTAL
Engineer
Engineer
Designer
Support
Engineering
Markup (5%)
SCOPE OF SERVICES
Mark T.
Wilson
David E,
Stier
Adrian
Bartshire
Priscilla
Mills
Barbara !
Dabney
Elecldcal
Rate $/Hr
$235
$192
$176
$173
$106
$165
1. Technical Analysis - Payran Lift Station
A. Notice to Proceed
B. Kick-off Meeting
3
3
3
C. Civil and Mechanical Assessment
1) Preliminary Site Investigation for Electrical and Structural Investigation
4
4
4
2) Assess temporary sewage bypass pumping setup needs and prepare plan
2
6
3 Assess structural condition of wet well and control building *2
6
1,500
75
4) Assess flow meter installation
2
6
2
D. Motor Control Center Standby Power and SCADA Needs Assessment
1) Review site security and access, exterior lighting, and intrusion alarm
2
2
2
2) Assess required loads for both sewage and stormwater PSs for exterior generator installation with new ATS
500
1,000
25
50
3 Control building modifications to remove interior generator and convert to air-conditioned space
2
4) SCADA connection between Payran Lift Station & Ellis Water Recycling Facility for sewage pump station functions
2
500
25
5) Maintain existing SCADA connection between Payran Pump Station and Water Field Office for storm water functions
1,000
50
6) Motor Control Center (MCC), field wiring, and instrumentation
1,000
50
7) Integration of storm pump station controls and exterior generator
1,400
70
E. Conduct workshop with City Staff to present Investigation findings
-4-4
4
600
30
F. Complete Payran Lift Station Technical Memorandum and identify improvement alternatives
500
25
G. Meet with City Staff to select pump station design assumptions and improvement upgrades 1
2
2
2
1,000
50
Hours
9
25
33
8
75
2. Final Design Development
Cost
$2,115
$4,800
$5,808
$1,384
$9,000
$450
$23,557
A. Develop Electrical/Control System Plans and Specifications
40
10
500
B. Develop Control Room HVAC improvements !
1
4
4
4
40
10
.10,000
1,000
50
C. Develop Civil/ Structural improvements including all new fall protection hatches
4
10
40
10
D. Prepare cost estimates for all project elements
2
14
10
1,000
50
E. Prepare and submit 65% review plans and specifications, conduct workshop with City Staff
14
10
20
1,000
50
F. Prepare and submit 95% review plans and specifications, conduct workshop with City Staff
14
7
20
1,000
50
G. Prepare and submit Final 100% plans andspecifications
4
12
6
20
9
, 4,000
200
Hours
11
78
47
180
39
355
3. Bid Period Assistance
Cost
$2,585
$14,976
$8,272
$31,140
$4,134
$18,000
$900
$80,007
A. Attend prebid meeting
4
B. Respond to Contractor questions
8
4
6
1,000
50
Hours
12
4
6
22
4. Engineering Services DuringConstruction I
Cost
$2,304
$704
$1,038
$1,000
$50
$5,096
A. Attend pre -construction and weekly construction meetings
1,400
70
B. Perform submittal review and response
10
20
20
6,600
330
C. Perform RFI review and response
12
1,650
83
D. Review changed conditions and prepare Change Orders I
12
6
16
700
35
E. Provide consultations during construction period18
700
35
F. Perform MCC Factory Testing
1,650
83
G. Perform construction period site inspections as needed (assume 3 visits)
6
104,000
200
H. Perform final inspection and Arc Flash study
I, Prepare final Record Drawings
4
1
8300
800
40
15
Hours
62
36 144
:::
142
Cost
11.A04
. R 33R
7 A19
47 unn
ew c
,2
*Direct costs added for possible structural insitu testing service
Revised-Esthnated Costs -Fee SchedideAs
INSURANCE REQUIREMENTS
EXIRBIT B-2
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Page 1 of 3
INSURANCE REQUIREMENTS (City)
(609325) 0a 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:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises 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
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
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 minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
Exhibit B2
Page 2 of 3
INSURANCE REQUIREMENTS (City)
(609325) Oct 2017
The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply -on a primary and non-contributory basis for the benefit of the City
of Petaluma before the City of Petaluma's own insurance or self-insurance shall
be called upon to protect it as a named insured.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
ANII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Exhibit B2
Page 3 of 3
INSURANCE REQUIREMENTS (City)
(609325) Oct 2017
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
® Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution; if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
O�x�l r Date: A -a
(Print Name of Cover Entity in ss Capacity)
By K �- a LL
(Print Name)
/S/ e.- Z—V,
Its
G
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
® AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.3 6 (LIVING WAGE ORDINANCE), AND
® HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE,
PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE": 0
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
PROJECTP-ATRArl LIFT STATIOIIIPGRADJ
LOCATION MAP
ROJECr'f
Attachment 3
Date: MAY 22, 2018
N City of Petaluma
PROJECT SITE w E Public Works and Utilities
S Department