HomeMy WebLinkAboutStaff Report 5.B 09/09/2019DATE: September 9, 2019
TO: Honorable Mayor and Members of the City Council through City Manager'62)1.
FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities Department
Leah G. Walker, P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing Award of a Professional Services Agreement to Synagro-
WWT, Inc. for the Hauling and Management of City Biosolids
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing a Professional
Services Agreement with Synagro-WWT, Inc. (Synagro), for the Hauling and Management of
City Biosolids.
BACKGROUND
The Ellis Creek Water Recycling Facility (ECWRF) is designed to treat 6.7 million gallons of
municipal wastewater on an average dry weather day. The City of Petaluma's ECWRF treated a
total of 1,889 million gallons of wastewater in 2018 with an average dry weather flow of 4.33
million gallons per day. The processing of wastewater at ECWRF produces a nutrient -rich
byproduct known as biosolids.
Biosolids consist of treated and tested sewage sludge that can be beneficially utilized as soil
amendment and fertilizer. During the wastewater treatment process, solids made up of biomass
and other non-organic matter are settled out of the wastewater stream to form sewage sludge.
The sludge is then thickened and anaerobically digested to produce biosolids. After digestion the
material is dewatered to produce biosolids with sixteen to eighteen percent solid material by
weight.
The production and use of biosolids is governed by federal regulations 40 CFR part 503. The
City produces Class `B" biosolids that are suitable for land application and crop harvesting under
conditions in accordance with federal requirements. Class "A" biosolids undergo additional
treatment for pathogen destruction and can be used in even more applications, but the ECWRF
treatment process does not produce Class "A" biosolids.
The dewatered biosolids are conveyed into water -tight trailers that are hauled off-site for
disposal or reuse at pre -approved sites. ECWRF has been producing approximately 7,500 tons of
biosolids annually and has used contract haulers for the past ten years to truck biosolids from the
plant. Most of the ECWRF biosolids are hauled to the Hay Road Landfill in Solano County
(approximately 54 miles away) to build landfill cells and as alternative daily cover. In 2017, the
City began to diversify its biosolids management options by sending one 20 -ton truck each week
to Lystek's Organic Materials Recovery Center in Fairfield (approximately 38 miles away) for
Class "A" treatment.
DISCUSSION
In anticipation of the biosolids hauling contract expiring on June 30, 2019 (since extended to
August 31, 2019) staff initiated a competitive process to select a contractor(s) to enter into a new
agreement for biosolids management and hauling. The City issued a Request for Proposal (RFP)
for the hauling and management of City biosolids on April 25, 2019 and circulated the RFP to
eight companies providing hauling services, management services, or both.
The scope of services is different from the scope used in the last two contracts during the
previous ten years. Staff separated the hauling of biosolids (transportation) from the management
(reuse or disposal) of biosolids to encourage multiple bids for both hauling and management.
Staff anticipated that separating the functions in different contracts might result in a better
control of price and would allow the City greater control on the final disposition of biosolids.
Contractors could bid on just the hauling and/or the management.
The hauling scope of services is similar to previous contracts and includes furnishing trailers,
hauling vehicles, and providing the labor to bring empty haul trailers to the ECWRF's trailer
staging area, removing loaded trailers from the staging area or the loading bay, and hauling the
biosolids from the plant to the designated biosolids management site.
The biosolids management scope of services is more specific on the type, quantity, and method
of reuse or disposal options to be used by the contractor. As a generator of biosolids, the City is
required to ensure that the transport and final disposition of its biosolids is in accordance with all
federal and state regulations. In the past, the City used a method of paying a single price per ton
for biosolids removal, which encouraged contractors to find the cheapest disposal method and
has resulted in almost complete reliance on landfills to receive the City's biosolids, a practice
that will be nearly unavailable as a result of recent state legislation. With the exception of a small
amount of recent deliveries to Lystek, the City previously made no investment in more
sustainable biosolids management options. Due to the City's vulnerability to cost increases and
potential violations if it continues past practice, the City is developing longer-term biosolids
strategies starting with this RFP.
In developing the RFP for biosolids management, staff implemented a strategy to ensure the
continual, uninterrupted removal of biosolids from ECWRF while considering the changing
constraints of environmental protection, new regulations, climate change, land availability,
transportation costs, new technology, and regional collaboration. To ensure reliable cost-
effective biosolids handling, staff encouraged proposers to include a diverse portfolio of reuse
and disposal options.
0a
Recent state legislation has focused on reducing the release of short-lived climate pollutants
(greenhouse gases) to the atmosphere. Organic materials in landfills release methane, and
legislation has mandated the reduction of organics in landfills. Accordingly, landfills will be
unlikely to accept biosolids because by 2020 they must reduce the amount of organics by 50%
and reduce methane emissions by 40% (from 2014 levels). These legislative changes drove staff
to question the long-term availability of landfills as part of the City's biosolids disposal strategy.
Accordingly, for the biosolids RFP the City established the following goals for biosolids
management:
• Sustainable disposal and reuse options for the duration of the contract (five years)
• Preparation for long-term sustainability by securing a position in regional facilities and
sites
• Dependable, reliable, high quality service
• Reasonable price
• Compliance with all requirements, including new limits on organics at landfills
• Diverse portfolio of disposal/reuse options to maximize use of lower cost options such as
land application when available
• Encourage investment in new technology and development of regional facilities
• Reduce carbon emissions from trucking by limiting transport of biosolids long distances
The RFP encouraged proposals for biosolids management that reuse biosolids in a beneficial
way, produce a usable product, and/or use biosolids in an environmentally sound manner. The
scope of services specifically requires the following:
a. A minimum of ten percent of annual biosolids shall be processed in a facility that meets
requirements to produce Class "A" biosolids. The Class "A" facility shall be located
within 50 miles of the ECWRF.
b. A minimum of fifty percent of annual biosolids shall be land applied at sites within 100
miles of the ECWRF.
c. All other biosolids shall be processed, land applied, reused, or disposed at sites within
120 miles of ECWRF.
The distance limitations were included because many of the available disposal or reuse sites in
northern California are located in the Central Valley at a distance of 150 miles or more.
The City has longer-term plans to develop more sustainable management methods closer to
Petaluma to reduce the carbon footprint of transportation. Options to be investigated include
developing onsite and offsite storage, identifying agricultural reuse sites within or near Sonoma
County, and participating in regional programs. The City recently became a member of the Bay
Area Biosolids Coalition to promote and participate in the development of additional long-term
sustainable alternatives for biosolids management such as land application, composting, or
enhanced treatment.
The City received one responsive proposal for biosolids management and hauling from Synagro
and one responsive proposal for biosolids management from Lystek International Inc. No
proposals were submitted for biosolids hauling. Unfortunately, without a proposal for hauling,
the City could not consider the proposal from Lystek, nor could the City consider different
combinations of contractors to evaluate different prices. Synagro's proposal includes Recology,
the City's current hauler, as a subcontractor for hauling, and a subcontract with Lystek for the
Class "A" treatment facility. Initially, fifty percent of the City's biosolids will be land applied on
Synagro's Solano County properties on summer weekdays (49 miles away), ten percent will go
to Lystek (38 miles away), and the remainder will be used for alternative daily cover at the
Portrero Hills landfill in Solano County (44 miles away). After the first year, Synagro will
replace most of the deliveries to landfill with land application at its Silva Ranch site in
Sacramento County (109 miles away).
The City had a limited response from the RFP solicitation, but Synagro's proposal meets all the
RFP requirements and goals, and the price is within the anticipated cost. The Synagro proposal
was evaluated in accordance with criteria specified in the RFP. Categories used for evaluation
included technical proposal and methodology, qualifications and experience, financial capability,
and responsiveness and reliability. Staff believes the partnership of Synagro, Recology and
Lystek will provide reliable and comprehensive services to the City.
The contract costs for biosolids hauling include a base charge per load for loading and unloading
materials plus a transportation charge per mile based on the distance from ECWRF. Initial costs
are shown in the table below. Annual adjustments are included in the contract for the cost of fuel
and on the change in the U.S. Department of Labor Bureau of Labor Statistics All Urban
Consumer Price Index — San Francisco Bay Area (CPI).
Biosolids Hauling Services Cost Schedule
Base Charge Unit Cost $ / Load
Cost for Loading and Unloading $110.00
Transportation Charge Unit Cost $ / Mile
Distance to Disposal Site
0 to 50 miles from ECWRF $4.14
51 to 100 miles from ECWRF $3.72
More than 100 miles from ECWRF $3.32
The contract costs for biosolids management are based upon the actual quantity of biosolids
managed during the billing period for each process or method on a unit cost per wet weight per
standard ton (2,000 pounds) of biosolids managed. Wet weight means the as -is weight of the
dewatered biosolids. Initial costs are shown in the table below. Annual adjustments are included
in the contract based on the change in the San Francisco Bay Area CPI.
Biosolids Management Services Cost Schedule
Process/Method Unit Cost $/Wet Ton
Class A $98.25
Land Application $38.54
Other $50.00
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Total annual costs for management and hauling are dependent on the amount of biosolids
produced at the ECWRF. The expected biosolids production with high strength waste is
approximately 8,200 wet tons per year; monthly production is expected to range from 600 wet
tons per month up to 1,100 wet tons per month when the facility begins to take in high strength
waste. Costs in the first year are based on the new contract starting in September 2019 with the
addition of high strength waste occurring about the same time. The contract budget for hauling
and management of biosolids for FY 19/20 is $595,000. As a comparison, costs for FY 18/19 are
expected to be $361,500. The increase represents the substantial cost to move away from landfill,
as mandated by state legislation, to more sustainable methods. Costs for FY 20/21 are expected
to be $700,000 which reflects a full year at the new contract prices, an increase for CPI and
diesel costs, and an allowance for two percent growth in the quantity of biosolids. The total
estimated cost of the five-year contract is $3,710,000.
Staff recommends award of the professional services agreement for hauling and disposal or reuse
of City biosolids to Synagro based on level of service, experience, and price.
PUBLIC OUTREACH
This agenda item appeared on the City's tentative agenda document on Monday, July 1, 2019
which was a publicly -noticed meeting.
FINANCIAL IMPACTS
The agreement is for a period of three years at a projected cost of $2,045,000. The agreement can
be extended for an additional two years, based on satisfactory performance, at an additional cost
of $1,665,000. Over the five-year period through June 30, 2024, the cost shall not exceed
$3,710,000. The total not to exceed amount includes a five -percent per year rate increase
estimated by staff based on historical changes to the CPI and price of diesel fuel, and an increase
in biosolids quantity of two -percent per year.
The proposed contract award is budgeted and funded through the sewer rates collected within the
wastewater enterprise fund.
ATTACHMENTS
1. Resolution
2. Signed Professional Services Agreement
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH SYNAGRO-WWT, INC. FOR THE
HAULING AND BENEFICIAL REUSE OR DISPOSAL OF CITY BIOSOLIDS
WHEREAS, biosolids production is inherent in the process of wastewater treatment; and
WHEREAS, the City has incorporated technology and systems for appropriate
management of biosolids into the design and operation of the Ellis Creels Water Recycling
Facility (ECWRF); and
WHEREAS, as part of the implementation of a sound management plan for biosolids
produced at the ECWRF, the City intends to continue its existing practice of contracting for
hauling and management of biosolids; and
WHEREAS, the City issued a Request for Proposals for the Hauling and Beneficial
Reuse or Disposal of City Biosolids ("RFP") on April 25, 2019, which was circulated to
professionally qualified firms for responses; and
WHEREAS, the City received one responsive proposal to the RFP for biosolids
management and one responsive proposal for biosolids hauling and management; and
WHEREAS, the proposals were reviewed based on criteria listed in the RFP, Section 4.4
Proposal Evaluation Process; and
WHEREAS, Synagro-WWT, Inc., submitted the only proposal to.include management
and hauling services; and
WHEREAS, Synagro-WWT, Inc. satisfied the City's review of evaluation categories for
technical proposal and methodology, qualifications and experience, financial capability, and
responsiveness and reliability; and
WHEREAS, City staff has confirmed that the disposal and reuse sites proposed by
Synagro-WWT, Inc. are existing sites operating with required permits and approvals for the
biosolids management methods proposed; and
WHEREAS, Synagro-WWT, Inc. submitted a proposal demonstrating continuity and
reliability; and
WHEREAS, the Project consists of the selection of a contractor to continue an existing
City activity, and the contractor's proposed disposal and reuse methods employ existing sites
which are permitted, approved and in use for the methods proposed, the Project does not
constitute a "project" under the California Environmental Quality Act ("CEQA"); see Title 14,
Chapter 3, California Code of Regulations ("CEQA Guidelines"), Sections 15060(c) (2) and
15368.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
hereby:
1. Approves the Professional Services Agreement included as Attachment 2 for Hauling and
Management of City Biosolids for a period of three years through June 30, 2022 with an
option to renew the agreement at staff discretion for one additional two-year period up to
June 30, 2024 based on satisfactory performance, in a not to exceed amount of
$2,045,000 for the base, 3 -year term and $3,710,000 for the 5 -year term if the option to
renew is exercised.
2. Authorizes the City Manager or his designee to execute said agreement on behalf of the
City of Petaluma, and to execute an amendment to exercise the renewal option.
7
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
Aguling and Management of City Biosolids,
(Titic of Project)
FY 19120 grind 4 0,600 Cust Center 66700 041cet Code 51310 Pro . ec�ft All-lollilt $59 1.000
For niult 1 -year contracts or contruts with nioltilAu accounts:
MfM Fund #hCost Cen(er 66700 Object Code 54310 Project V_ Arliouht S.Z0_"00
PYLI#_122 hand #6QLQ Cost Center 60700 Object Code 54310 Project 4 _ A ni o 0 n t $.1&QQ0
17Y 2203 Mind N b600 Cost Center k6 L 0 OLject Codc $4310 1111*0— Amount $10�5_Xoo
_7�
F'y�3i Pund li 6600 Cot Center 66700 Obtct Code 343 10 PrqJect # Aniolml $,660X0j
IN — Fund # — Cost Center — Otjeet Code — Project Au=nt
THIS PROFESSIONAL SERVICES AGREEMENT
T ("Agreement") is entered into and effective
as of 20 ("Effective Date"), by and betAveen the City of Petaluma, a
(Chy use only)
municipal coi-poration and a charter city ("City") and Synagro-WWT. Inc., a _ ("Contractor")
(collectively, t , lie "Parties"),
WHEREAS, the Parties enter into this Agreement for the ptiepose of Contractor providing
professional services to City under thP terms and conditions set north herein.
THEREFORE, in consideration of the mutual covenants contained in, this Agreement, the, Parties
agree as follows:
I Services. Contractor shall provide the services as described in and in accordance Nvith the
schedule set forth in Exhibit 'Al" and Exhibit "AT' attached hereto and incorporated
herein ("Services").
2. Coin l2ensation. Business Tax Certificate,
A. For the full performance of the Services as described herein, City shall compensate
'
Contractor in accordance with the rates speci tied in Exhibit "AV, an1,Xd hiblit"A2",
B. Contractor shall submit detailed monthly invoices reflecting all services performed
during the preceding month and irlelucling a revised schedule for performance and
additional documentation requested by City, as applicable,
C. Conhactor glitill be compensated for services in addition to those described in
Exhibit "Al" and Exhibit "AT', only if Contrccior and City execitte a written
amendment to this Agreement describing the additional services to be performed
,and the coo-opensation to be paid for sue!) services. In no case shall the total
compensation under this Agreement exceed $3,710.000 without prior written
authorization of the City Manager. Further, no compensation for a section, or
Program component attached with a specific budget shall be exceeded without prior
written authorization of the City Manager.
D. Notwithstanding ally provision hereiti, Contractor shall not be paid any
compensation until such time as Contractor has oil file with the City Finance
Depattaicht'a current W-9 fohn available from the IRS website
ov) and
has obtained a curreiltly -valid Petaluma business tax corifficaLo.
IIRQHSSIONAI; STIRVICTI-9 Acmrirm t;Nt, 8
9cpl:2618
E, City's obligation to pay conilion.gntion to Contractor as provided herein is
contingent Upon Contractor's perforimuice of the Services pursitant to the terms and
conditions ofthis Agreement and any amendments thereto.
3, Term. The term of this Agreeinent commences on the Effective Date and terminates on
June 30, 2022, unless sooner terminated in accordance with Section 4, City may, in its sole
disorction, and based on considerations or Consultant's performance under this agreement,
extend this agreement for one additional two-year period tip to June 30, 2024, and in a not
to exceed amount of $3,710,000 for such period. Upon termination, any and all of City's
documents or materials provided to Contractor 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. Any such extension shall be in writing, signed by both parties,
4. Termination. City may teTillinate this Agreement without cause upon rorty -five (45) days'
written notice. City may immediately terminate or suspend this Agreement for cause,
Cause for ininiediate termination or suspension shall include, but not tic limited to, any
breach ofthis Agreement by Contractor Or Contractorls baiilmiptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Contractor shall immediately stop
all work in progress under this Agreement. in the event of early termination of this
Agreci-hent by City, Contractor shall be entitled to payment for all Sciiices 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 ofthis Agreepient. If City ten-Anatesthis
AgreciT I iclit for cause, ('ontractor shall be liable to City for any excess cost City incurs for
Completion of the Services.
5. Contractor's Representation; Indepentignt --Con tractor. Contractor represents that
Contractor possesses distinct professional skills in performing the Services. City has relied
upon said representation as a material inducement to enter into this Agreement. Contractor
,shall, therefore, provide properly skilled professional and technical personnel to perform
all Services under this Agreement. It is expressly understood that Contractor and its agents
and employees, shall act in tin independent cupaeity and as an independent contractor and
not is o Micers, employees or agents of City. This Agreement shall not be construed as all
agreement for employment,
6, Facilities and Eguipwent. Contractor shall, at its sole cost and expense, furnish all
fheilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnisli to Contractor no facilities or cquipmentj unless the City
otherwise agrees in Writing to provide tiro sane,
7, LJ
:ccnscs Pertiaits, Etc. Contractor' shalt, at Contractor's sole cost and expense, keep in
effect at all titnes; du ' ring the terns o[ oth,is Agreement any licenses, permits or Other such
approvals which are legally required for perfonning the Sorvices.
,
81 Time, Contractor shall devote sueb time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Contractor's obligatioilis pursitant to
this Agreement.
PttOFLSSIONALSC[tV[CL--sAoir,rrmr,-,qr 9
Sept 267 X
9. Insticction. Contractor shall provide the City every reasonable olapnriunity to ascertain
that the Services are being pelf ormed in accordarioe with the requirements and intentions
of this Agreemeni. All work done, tend materials furnished, if any, shall bo subject to
inspection and approv{al by tine City. The inspection of such wars: SbLIll not relieve
Contractor of any of its obligations pursuant to this Agreement.
10. Progress Reports, Upon the City's request, Contractor shall provide, in a forst acceptable
to City, written progress rept)rts of all oral and written observations, opinions,
recommendations, tanalyscs, progress and conclusions related to Contractor's pet=fo.rilmnee
of the Services.
11, Confidentiality. In the course of Contractor's employment, Conti -actor may have access
to trade secrets and confidential information, disclosure of which is ptotectcd or limited by
law. C.'oattra.ctor shell not directly or indirectly disclose or use any such Confidential
information, cxuept as 1'equired for the performance of the Services.
12. Conflict of Interest. Contractor represents that it presently has no interest, and covenatit's
that it shall 1101 acquire ,ally interest, direct orindirect, financial or othetwise, Which would
coslflict in any manner or degree with the performance of the Services hereunder.
Contractorfurther covenants that, in the performance, of this Agreement, it shall not employ
any subcontractor or person havbig such a conflict of interest. Contractor represents (hat
110 one who has or will have any financial interest uncles` the Agreement is an officer or
eniployce of City. if such conflict of interest arises during this Agreement or any extension,
Contractor will immediately advise City and City may, at its sale discretion, immediately
terminate this Agreement, Certain. Contractors 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 Contractors subject to the City's Conflict of
Interest Code include thoso whose work may involve, Winking government decisions
regarding approval or adoption of rates, rules, or regulations, action on permits or other
applications, authorization to enter into or modi fy contracts, or approval of plans, desigsis,
reports, or studies, Contractor agrees to comply fully with all such requirements 10 the
extctit they apply to Contractor's performance of the. Services.
13, Contractor No Agent, Except as City may specify in writing, Contractor shall have 110
authority, express or implied, to net on behalf of City in any capacity whatsoever as an
agent. Contractor shalt have no authority, express or implied, pursuant to this Agreement
to hind City to any obligation whatsoever.
14, Standard of Perf'orabance, Contractor shall perform all the Services in a manner
consistent Nvith the standards of Cotalracicar's profession. All instruments of service of
whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, worlcniantike matuior and confc rni to the standards of
Contractor's profession. All such instruments of service shall 15eco►iie the sole and
exclusive property of City upon delivery of the same.
15. AssignmentlTrans#er, No assignment or fransfer in whole or in part of this Agreement
shall be, made without the prior written consent of City.
1�x0ressiorrn�:5srrvicrsnoarinar.Nr 10
Sept 2018
t6. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract
ally portion of performa lice of the Services without the prior written consent of City. Any
such subcotitractors shall be required to comply, to the full extent applicable, with the terms
and conditions of this Agreement, including but not limited to, procuring and ninintalining
insurance coverage as required herein and which shall nattio City asan additional insured.
17. Compliance With All Laws. Contractor shall fully comply with all applicable focal, state
and federal rules, laws, regulations and ordinances putAflog to the performance of the
Services required hereunder, illClUding but not limited to, the California Building Standards
Code as in offect in the City, the Americans with Disabilities Act, and any laws and
regulations related to any copyright, patent, tt-adernai-k or other intellectual property right
involved in performance of the Services. Con(tador's ['ailuro to comply I'Vilh a"Y law(s)
or regulcition(s,) applicable to the porfornimice of the Services hereunder shall constitute a
material ()reach of this Agreement. To the extent that any other government agency or
entity provides compensation for any Services, Contractor shall comply with all rules nod
regulations applicable to such liscal assistance,
19, Living Wage Ordinance. Without limiting the foregoing Section 17, Contractor shall
comply hilly with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the Living Wage Ordinance"), as the same may be arnerided from time to
time. Upon the City's request Contractor shall promptly provide to the City documents
and itiforrnation verifying Contractor's compliance with the requirernetits of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify,
ify, each of its affected employees as to the amourtt of wages and little off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City ol'Petalurna Living Wage Ordinancc,
attached to this Agreement as Exhibit C, shall he a part of this Agreernentfor all purposes;
and Contractors that are subject to Living Wage Ordinance requirements, as determined by
the City, must provide a properly completed Exhibit Q in aueordance with the requirements
of the Living Wage Ordinance. Contractor's noncompliance with the applicable
requirements of the Living Wage Ordinance shall constitute cause for City's tel-I'lliriRtion
of this Agreement pursuant to Section 4 liercof,
19. Discrimination. Duritig the performance of this Agreement, Contractor shall not
discriniinatc against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age orphysical or mental
disability in violation of arty applicable Jaw.
20. Notice. Except as otherwise specified in this AgreeniePt, all notices to be sentpursualit 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 Patty may designate by written notiee
delivered to file other Party in accorda nee with this Section. All. such notices shall he sent
by:
(i) personal delivery, in which case notice is effective upon delivery;
(R) certified or registered mail, return receipt reqijested; in which case notice shalt be,
deemed delivered on receipt if delivery is confirmed by, a retutil receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
PROFESSIONAL SERVICII-S AGREEMENT
Sept 20 19
sender's account, in which case notice is effective, on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile. transmission, ill Which case notice shall be deemed delivered upon
traim.inittal, provided that (a) Ki duplicate copy of the notice is promptly delivered
by first -Mass or certified mail or by overnight delivery, or (b) a transmission report
is generated reflecting the accurate transmission (heileof. Any notice given
11 by
facsimile shall be considered to have been received on the noxt business day if it is
retceivcd after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City clerjt
City of I-Ictalutna
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclork@ci.l)eta]Limci.c-,t.tjs
And:
Dan St. John. FASCR
Director, Public Works and Utilities DeNWi_m!
202 N. McDowell Boulevard
Petaluma, CA 94954
Phone: 707-776-3777
Fax: 707-656-4067
Email: ii-IL)ierce@eitvo!I7petaltitna,orfy
Contractor: General Counsel
S3gagm-WWT, Inc.
Al-Slevian
435 Williams CouOt. 8 ui -tcl 00
Maltiniore, MD 21220
Phone: 443-489-9000
Pax: 443-489-9075
Email:- a-slepj�qn(e?�yna
_ --
21. Ownership of Documents. All original papers, docummits or computer material oil disk
or microfihn, and eopl= thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Contractor without the written consent of City.
Copies of such documents or papers shall not be disclosed to others Without the 'ArlittC11
consent orthe City Managercar his or her designated representative.
22. Indeninifigition. 'Po the maximum extent permitted by law, Contractor shall. at its oWn
expOnse, indeninify, defend with counsel acceptable to the City, (which acceptance Will
not be unreasonably withhold), and hold ljarrnjesS City and its officers, officials,
employees, agents and volunteers ("Indeninitees"),from and against any and all liability,
loss, damage, claims, suits; actions, arbitration peoccedings, adillinistyativo proceedings,
m,golatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attoilley's fees aid costs and, fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or ill
PjzoirSMNAI, Si,,RVjCP-S ACYREHMINT 12
conneclion with the Services or Contractor's failure to comply with any of the terms of this
Agreement, regardless of arty fault or alleged fault of the Indeninitees.
The Contractor's obligation to indemnify, defend and hold harniless under this provision
shall not be, excused because of the Contractor's inability to evaluate Liability, or because
the Contractor evaluates Liability and determines that the, Contractor is not or imly not be
liable. I'lie Contractor must respond within 30 calendar days to any tender for defoilso and
indemnity by the City, unless the tunic for responding has been extended by an authorized
representative of the City in writing, If (lie Contractor fails to accept tender of defense and
indenwity within 30 calendar days, In addition to any other remedies authorized I by kt% so
intiol) of the money duo or that may become due the Contractor under this Agreement as
shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of (lie matter subJecl to tender, or until the Contractor accepts
tile tender, whichever occurs first. In the event that the City must file responsive documents
it) a matter tendered to Contractor priot to Contractor's acceptance of tender, Contractor
agrees to fully reimburse all costs, including but not limit,od to afforoey's fees and costs:
and fees of litigation, incurred by the City in riling such responsive doclullents.
The Contractor waives any and all rights to express or implied 'indemnity against the
hidernnitee8 concerning any Liability of the Contractor arising out of or in connection with
the Services or Contractor's failure to comply with any of the terms of this Agreement. The
defense and indernnification obligations otthis Agreement shall no way be limited by, the
insurance obligations that apply to this Agreement pursuant to Section 23.
Notwithstanding the foivgoing, to the extent this Agreement is a "construction contract" as
defined by California Civil Code Section 2783, as may be amended filorn One to tame,
Contractor's duty to indemnify tinder this provision shut] not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding tile foregoing, to the extent that the Services inellide design professional
services sutjjeet to California Civil Code Section 2782.8, as may be amended fi-om time to
time, Contractor's duty to indemnity shall only be to the niaximuni extent permitted by
California Civil Code Section 2792,8,
23, JustWallce. Contractor shrill comply with the "Insurance Reqliireiiients for Contractors"
Tji E, x4ibit B, attached hereto and incorporated herein by reference.
City reserves the right to review any and all of tile required insurance policies and/or
endorsements, but has no obligation to do 80. City's failure to demand evidence of full
compliance with the insurance requirements set forth it! this Agree -ment oi- City's railure to
idelitify any insurance defloiency shall not relieve Contractor from, nor be construed or
deemed a waive,, of, its obligation to maintain the required iwgqynen at all times during the
performance of this Agreement.
24, Amendment. This Agreement may be amended only byi written instrument executed by
both Parties.
PROF FSS IONA], 13
SVV1 2018
25, Litigation, mitigation ensues which pertains to the, subject ])latter ofContractor , s services
hereunder, Contractor, upon request from City, agrec-8 to testify therein at a reasonable and
customary fee,
26, Construction. This Agreement is the .product of negotiation and cornproinise Oil the paa
of both Parties and that [lie Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agrcement shall not be construed against the draocr of the
Agreement.
27, GoVernijig Law; Venne. This Agreement sha,11 be enforced and interpreted under the laws
of the State of California and the City of Petallinin. Any action arising from or brought ill
colillcotion with t]iLq Agreement shall be vended in a court oPcornpctentjurigdicdon In the
County of Sonoma, State of CaliBornia,
28. Non -Waiver, The City's failure to enforce any provision of (his Agreement or the waiver
thereof in a particular instance shall not be construed gas, a general waiver of any part of
such proviAou. The provision shall remain in ib[l force and effect.
29. Severability. If any jerin, or portion of this Agreement is held to be invalid, illegal, or
otherwise uncii-forceablo by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Tliird-Psirty Beneficinijes. The Parties do not hiteud to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Medinfio . The Parties agree to make a good faitli attempt to resolve any dispute arising
out of this Agreement through mediation prior to eornmencing litigation, The Parties shall
nititually agree upon therntdiator and shall divide the costs of mediation equally,
32, Conti-aclor's Books and Records.
A. Contractor shall maintain any and all ledgers, books of accounts, invoices,
voticbers, canceled cheeks, and other records or documents evidencing or relating
to cbargestbr services, or expondliures and disbur.5ements charged to the City for
a minimum period of three (3) years or, for any longer period required by law, froni
the date of final payment to Contractor purSUMIt to this Agreeniont.
B. Contractor shall maintain all documents and records which demonstrate
perfibriname under this Agreement for a nihiiinwii 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 tune during regular business
hours, upon written request by the City Managor, City Attorney, City Finance
I)irector, or a designated representative of those officers, Copies of such docun-ients
shall be provided to the City for inspection at Petaluma City Hall "Vileil it is practical
to CIO $0, Otherwise, unless all alternative is mutually agreed upon, the records shall
be available at Contractor's address indicated for receipt of notices in this
AgreC11101L.
PPOrr,sSl()NALSF,*RVICI;,SA(7,)ttSMG ,NT 14
Sept2918
I). Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor's business,
Ci I ty may, by written request by any of the above-named offlicers, require that
custody of the records be given to the City and that the records und doovirlietits be
maintaitiod in Petaluma City Hall. Access to such records and documents shall be
granted to any party authorized by Contractor, Contractor's rep, rcsontalives, Or
Contractor's successor ill interest.
33. fleadipigs. The headings used in this Agreement are foi- convenience only And are not
intended to affect the interpretation or constYLICti011. Of Ally I)MVISiOnS IMOill.
34, Sui-vival. All obligations arising prior to the termination, or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Contractor shall
survi,ye the termination or expiration of this Agreement,
35. Folree Majeure, Neither Party shall be liable to the other Party for breach or for failure or
delay in the performance of its obligations hereunder caused by any Act Or oce"ITelloe
beyond its reasonable control, including, but not limited to: fires; floods; strikes (et cepi
any strikes involving, a Party's personnel); a change in Fedora], State, or local law or
ordinance; orders arjudgnIents of any Federal, Stale or local court, adiii-inistrative agency
or govertilliental body, change in permit conditions or requirements; accidents,- extreme
weather condifions including, for example, hurricanes, tornadoes, unusually high airroullts
of precipitation, unusaal extrerples of temperature or wind, or unusually extended periods
of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic);
equipment failure (other than due to the inadequate maintollanoe thereof); and acts of
God, it is specifically understood that, without limitation, none of the following acts,
events or circumstances shall constitute all act or occurrence beyond a Party's reasonable
control: (i) reasojiably Anticipated weather conditions nornial for the region iso which the
work is perforined or (ii) any failure to pay any sums in accordance with the terins of this
Agreement. Whenever the provisions of this Section are believed to apply., the Party relying
thereon shall give prompt notice to the other Party of the circumstances, the basis for
applicability
icability of this Section mid the bore required to mire such breach of delay and
Contractor , and Customer shall use reasonable best efforts to Agree 01, allprOPdate
mitigating actions under the cirou list alices. This provision provides performance
(includilig schedule) and financial relief if a Force Majeure event interferes with [lie
Contractor's performance.
36. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes ilia entire at betw'cen Ill(, Pat -ties with respect to
the Services, and supersedes all prior agreements or understandings, Oral or Written,
between the Parties in this regard.
PROI-'L�'SS1CINAI,SL,V,VICFi.S'AC,[tEfztME-NT 15
Seri 2018
IN WITNESS WHEREOF, the parties hereto have executed this docurnent the da -y, month and
year first above written.
CITY OF PETALUMA
City manager
ATTE ST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONTRACTOR
By
Name
A
(010- J t
Title
LI 1J—.
Address
Nd
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
file none: 9:Uvirmitilental ServicesMinsolids'AH 2019ISynayo JISM!"rokssional Services Agreement Synagro bjustAids
W16-2019,dou
PROF138810NAL SIERVICLS AGREE-NIHNIT 16
Sept?61€c
EXTABITA-1
SCOPE OF SERVICES
FOR THE HAULING OF BIOSOLIDS FROM
THE ELLIS CREEK WATER RECYCLING FACILITY
Table of Contents
Section 1 General Conditions and Reaulrements
IA
Definitions
1.2.
Qualffllcatiom�
1.3
General Limitations and Requitcments
JA
IC" WRF Access and Tj�affic Control
1.5
CONTSULTAN'J'S's Representative
1.6
Safety Requiretnents
1.7
Restoration of Existing Facilities
Section 2 Specific ftegnirements for Services
2.1 Degeription of Servioes,
2.2 Location of Treatment Facility
2.3 List ofServiccs
2.4 Submittals
2.5 Biosolids Removal
2.6 Compensation, Invoicing, and Payment
2.7 Aqjustinent to Compensation
Attachments
Attachment A- I Services Cost Schedule
Attachment A-2 Schedule for Liquidated Damages
Atfachiient A-3 Maps, Figures, and Drawings
SCOPE or sr,-RViems
APRIL 2019 17
SECTIONI GENJERAL CONDITIONS AND REQUI[IMMENTS
1.1 DEFINITIONS
Whenever used in this Scope of Services, the folloMng terms have the meanings indicated in, this
Section and incani.n1gs are appliGable to both the singular and plural thereof. If a word which is
entirely in -upper case in these definitions is found in lower case this Scope of Services, then the
lower case word will have its ordinary meaning,
Agreement - The Prol'ossional Sol -vices Agreomeut including associated exhibits, the Scope. of
,Services (all required certificates, affidavits and other documentation), amendnionts to the
Agreement, executed beW,cen the CITY and the CONSULTANT covering the Services to be
performed.
Amendment - A document, which is signed by the CONS UETANT and the, CITY, and authorizes
an addition, deleflon, or revision of the Scope of Services, or an adjustment in the compensation
for services or the Schedule of 8orvices, issued on oilafter the EMectivQ Date of the Agreemejit,
Biosolids - Municipal wastewater sewage sludge and other liquid wastes that have been
anaerobically digested and dewatered.
Caldidar Day — A calendar day of 24 hours measured froni midnight to the next midnight.
CITY - The City of Petaluma or a designated representative of the City of Pettiluma,
CONSIJUTANT or, CONTRACTOR - The individual, partnership, corporation, joint -venture,
or other logal entity vvith whom the CITY has executed the Agreement,
Deficiency — Where the CONSULTANT has been found to be in violation of the Agreement
requirements, ECWRF operations or safety requirements, oi, local, state, or federal laws or
.regulations applicable to the Services:
Disposal Site - rnealis (lie location where any final trutment, utilization, processing, or deposit of
biosolids occurs. City shall designate Disposal Site(s).
LMP F - Ellis Creek Water Recycling Facility, the CITY's wastewater treatment plant located
at 3890 Cypress Drive, Petaluma, CA 94954 and the adjacent oxidation pond site at 4400 Lakeville
I-Twy, Petaluma, CA 94954.
Paul Vehicle - tneans my truck, trailer, semi-traller, tractod(raliler combination or any self-
propelled or motor-drivell vebicle used on any public highway lor transporting biosolids for reuse,
processing, or di.sposal.
Hazardous Waste - The term I lazardous Waste shall have the ineatihig provided in Section 1004
of the Solid Waste Disposal Act (42 U.S.C. Section 6906) as an ieiided from time to tinicand. Shull
1110SO14IDS HAULING SCOPE OF SBRVICES
18
mean any material that is subject to the Hazardous Miste Manifest Requirements of the U.S.
Environmental Protection Agency spoe-ified In 40 CFR Part 262.
Invoice -The forill accepted by the CITY which is to be used by the CONSUL'I'ANT to request
monthly payments for services arid which Is to be accompanied by such supporting documentations
as are requested by the CITY or required by the Agreoindit,
Laws or Regulations, - Any and all applicable laws, rules, regulations, ordinances, codes, and/or
orders of any and all govern -rental bodies,,agencles, authori(ics and courts haying jurisdiction.
Loading — includes staging and positioning haul trailers; connecting the haul trailer to the tractor;
shuttling trailers to (lie Trailer Staging Area; inspecting the trailer and load before departure fi,oln
the HCWRF; repositioning the load; cleaning the trailer exterior atid tires of all loose biosolids;
inspecting, deployintol, and securing the trailer cover prior to hauling a loaded trailor 11,0111 the
ECWRF; and all other requirements as specified in this, Agreement.
-NO . D, Notice of Deficiency — Ali official notice issued by the CITY to the CONSULTANT for a
deficloncy in providing Services described in this Agreement.
Project Plan — A biosolids hauling plan that fully describes the operations involved with providing
the Services to the CITY,
Trailer Staging Area — rerers to an area used to park empty and loaded haul trailers at the FCWRI'-
site in order to shuttle empty trailers to and loaded trailers from the loading bay at the Screw Pross
Building, The Area is used to stage trailers loaded with biosolids prior to removal from the site.
Ton (or Tonnage) — means a unit of measure for weight equivalent to two thousand (2,000)
standard pounds where each pound is sixteen (16) ounces,
Trailer, Haul Trailer -means an end dump semi -trailer' special equipment legally used For
staging I or transporting biosolids on any public highway in the State, Tmilers must be water -tight
end-diwip, sbm i-ttai lers with covers suitable for transporting biosolids. Trailers must be furnished
with perinallient plastic trailer bed liners or approved equal for loading at the EC WRF to ensure
trailers dump efriciently and prevent shills.
Truck, Haul Truck - means a tandem RXIO 501ni-trUCk tractor legally used for tranSpDrtirig a haul
trailer loaded with bioso,lids at gross combined weight of 80,000 pounds on any public highway in
the State.
Work - Performance of Services as described in this Agreement,
Wot-king Day - Any day except Sal-ordtlys, Sundays and CITY holidays.
L2 01JALIFICATIONS
,2 1310SOLIDS I fAtI LING' SCOPE OF SERVIUS
19
A, CONSULTANT shall have at least three (3) years of recent expedence and financial
capability to provide full services niatlaging and executing similar agreements for
biosolids removal, CONSUL'FANT shall have experience providing reliable Sorvioe
linuling biosolids. CONSULTANT shall supply comprehensive information regarding
its qualifications and recent experience completing similar services agreements, its
linancial and bonding capabilities, and experience in -hauling of biosolids for CITY
review and acceptance.
B. CONSMA'ANT'S haul tffluk drivers providing Services to the CITY sl ' ial ' I have at least
three years or comme�rcial over -the -road experience driving serni-trucks similar to the
haul vehicles and shall have had no niisdemoanor moving violations or preventable
accidents for beginning one year prior to the Agreement term and througholit the
Agreement term in either commercial or personal vehicles.
1.3 GENERAL LIMITATIONS AND REQL)IREMENTS
A. CONSULTANT shall obtain a business license from the City of Petaluma prior to
contract execution. Processing of a business license takes approximately ten business
days, CONSULTANT shall apply for a business license no later than five calendar days
following the Award of the Agteomenf.
B. CONSULTANT shall be responsible for the protection frorn its activities of public and
private property at and adjjacent to the site and the Disposal Sitc(s), and shall exercise
due caution to avoid damage to such property. CONSULTANT shall repair or replace
till existing improvements that are damaged or removed as a result of its operations, at
no cost to the CITY. If CONSULTANT fails to make any repair or replacement when
required by CITY, CITY may in addition to all other available remedies, repair or
replace or have repaired or replaced the damaged or removed irnprovemonts and deduct
the cost fiorn arnounts due or that may become due to CONSULTANT under tile
Agreement.
C. The ECWRF is an operating municipal wastewater treatment plant and the
CONSULTANT slitill coordinate all Scrviees that occur tat the E.CWU� site with the
CITY and the CITVs other contractors and service providers and shall not it) any way
impede or impair the operations of the treatment- plant or other work at the site,
D. All vehicles utiliv-cd by the CONSMA'ANT in the performance of this Contract shall be
kept in a clean, operable, and safe condition acceptable to the CITY at all fin'los and
vehicles and drivers shall present a respectable image to the community.
1A EMP ACCESS AND TRA FFIC CONTROL
A. CONSULTANT's hatil vehicle-, shall anter and exit only at the designated entrance gate,
to the EMIG," 'j,he site plan for tile E-CWI� is shown on drawings included as
Attachment A-3,
B, The sliced limit an the FCWRF shall be ten (10) miles per hour maximum for all
vehicles, On the RCWRF site the CONSULTANVs haul vehicles shall be limi.ted to
designated roadways and shall follow haO routes designated by CITY,
3 1110SOLIDS I 1ADUNGSKOPEOF 81,"RVICFS
20
C. CONSULTANT shall take all necessary steps to minimize inconveni.enco to the
treatment plant operations and the public throughout the, performance of Services, No
public or tteatmont plant driveways, ire f S s lanes, or road shall
be blocked by
CONSULTANT's vehicles and safe access sliall be maintaitied for ire,,
itnient plant
operations and the public at all tinics,
D. CONSULTANT may not tisc CITY's EMRFfor repairs czar storage of equipment all(]
supplies.
L5 CONSULTANT'S REPRESENTATIVE
A, CON,SULTAN'f shall designate in writing before starting Work aii authorized
representative -%vlio Shall have the authority to represent and act for (lie CONSULTANT
for the duration of the Agreement. Any change in the designation Shall require prior
review and accolitaneb by CITY,
B. When CONSULTANT is comprised of two or more- persons, firins, partnerships or
CorporatioDs functioning oil a joint venture basis, said CONSULTANT shall designate
in writing before starting work, the naine of one authorized i'epresentative who shall
have the authority to represent and act for the CONSULTANT.
C. itithe, ckiscofxirgencyoreiiietgeneywhere CONSULTAN'f'Satitliorizedi-epi-eseiltiltivo
is not present on any pa-tticular part of the work and ' where the CITY wishes to give
notification or direction, it will, be given to and be obeyed by any of the
CONSULTANT's workers in the area.
1.6 SAFETY REQUIREMENTS
A. CONSULTANT shall comply with all CAL/OSHA, Department of Trah sportati oil and
all other applicable safely requirements. It shall be the CONSULTANT'S sole
responsibility for making sure that those safety requirements are met, and the
CONsurrANT shall fully assume all liabilities ror any damages and/or injuries
resulting from its failure to comply with the safety requirements. Failure on CITYS
part to stop unsure practices shall, in no Nvay, relieve the CONSULTANT of its
responsibility,
11. CONSULTANT shall inform ull worker's ofibo hazards crud Safety procedures associated
with handling blosolids and working at a wastewater treatment facility where• raw
wastewater, biosoli&s. ha7ard I ous chemicals, and culler hazards, may be present.
CONSULTANTsball be responsible for directlingall its -vvorkenq to strictly adhere to the
approved methods for safely conducting work at a wastewater treatment plant and
associated. with handlin
I -g biosolids. No -iyork shall proceed until each CONSULTANT
worker understands the scope of the work and all safety rules and work procedures to be
followed. CONSULTANT sliall not allow a new employee to begin any work on CITY
projects without a Rill ajiO proper safety orientation. CONSULTANT sliall take all
necessary Precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury, or loss to the 110111,dwing:
l. All persons at the: Site and other persons and organizations who may be affected
thereby,
4 BIOSOLIDS HAULING SCOPE OF SERVICES
21
2. All of the; Services and materials and equipment to be used to lieIT01-111 the Services
Lis described herein, whether oil or off the Site,
-i. Other property at the Site or adjacent thereto, including trcos, shrubs, lawns, walls;
pavements, roadways, structures, and utitities not designated for romoval,
relocation, or replacement it) the enure of the performance of the Services.
C. CONSULTANT shall inforni all workers that the FCWRF is a wastewater treatment
fimlity and each worker shall review I]CWRF site sa'lety procedures and sliall sign a
contractor safety checklist prior to commencement of any work at the treatment plantas
required by CITY.
D, CONsui r ANT shall notify CITY within two hours of any reportable alecident, injury,
or occupational illness occurring during the performance of Services for thus Agreement
or occurring to CONSUL,TANT's workers while tit the ECWRT,
l,7 RuTOR.ATION OF EXJS'FlNG FACILITl1 S
A. N,Vhenever existing facilities/improvements such as pavements, berms, roads, signs,
curbs, or other improvements, have been damaged by CONSULTANT'S operation, such
facil tieslimpa'ovenients shall he restoredlrepairod to their original conditions as required
by CITY. All costs involved in restoring existing faciIities/improvements shall be borne
by CONSULTANT and no additional compensation will he allowed therefore.
5 1-410SOLID8 ILkUbIN0 sCOV Ori S RYICI3S
22
SECTION 2 SPECIFIC REQUIREME IgNTS FOR SERVICES
21 DESCRIPTION Of SERVICES
A, General
CONSULTANT shall furnish (lie necessary resources for hauling ofC.ITY's biosolids
produced at the Luis Creck Water Recycling Facility (> MR17).
B. wastewater Treatment Facility Operations
The LCWRF is designed to treat 6.7 million gallons per day (average dry weather flow)
Of MUTT ipal wastewator from the City of Petaluma, During nornial operations, the
I✓CWRT, will stabilize and dowater biosolids using the folltlwing, treatment processes:
headworks equipment for screening and grit removal; oxidation ditches with activated
sludge treatment; a nd mesophilic anaerobic digestion, Digested sludge is stored in a
sludge storage tank prior to dowatering by alow-speed rotary screw press, and transferred
by shaftless screw conveyors into haul trailer pre -positioned in a loading bay adjacent to
the Screw Press'Buildi ng. The loaded trailer will be shuttled to the Trailer Staging Area
by CITY using a CITY -owned seri-truck tractor (Yard Mule) or haulod frons the
I-C'WRr- site by CONSUI!I`,ANT.
C. Biosolids hauling
CONSULTANT shall furnish the trailers, haul volneles and labor to bring empty haul,
trailers to tine ECWO' s Trailer Staging mea, remove loaded trailers froth the Trailer
Staging Area or the loact ng bay, and transport the biosolids f1•om the ECV« oil public
roads to Disposal Sitc(s) designAted by CITY, and unload trailers at Disposal Site(s).
D. Biosolids 14,stirnated [quantity
During normal operation of the HCWRF dewatering process, the production Of dewatcrcd
biosolids is estimated to be in the range of siX liundmd (600) wet torts to one: thousand one
hundred (1,100) wet tons per rltonth.
2,2 LOCATION OF TR EIATWN f FACILITY
A. riie biosolids will be generated at and removed froth F-,CWTZF, located at 3890 Cypress
Drive, Petaluma, CA 9495. ECWRIi iss adjacent to and truest of. Lakeville l-Iigltway
(State Highway 116) approximately two 111iles south of the intersection of Lakeville
Highway and State Highway 101, in Petaluma, Sononla County, CalifUrLiia, 94954, See
Attaclrlaiciat Awa for maps, figures, and drawings showing the general location of the
ECWRF and access roads.
B, The biosolids loading bay anti trailer staging area tiro at the EOVRF in the vicinity of
Building 17, the Screw Press Building, as shown in Attachment A�3. Access and egress
6 F'i OWLIDS HAULING SCf)M O SERVICES
23
to Building 17 and'Fralter Staging Area at the EMVIV site shall be by routes designat W -
by CITY,
2.3 LIST OF SERVICES
The Services to be performed by CONSULTANT' under this Agreement shall include, but are not
limited to, the following:
A. Furnishing all 'labor, materials, equipment, and maintenance required for hauling
biosolids generated by CITY's EMU' cornmencing after issuance of the Notice to
Proceed.
B, Coordinating with CATY to bring CONSULTANT -owned empty traitors to, and remove
loaded trailers from, the ECWRF on a regulurseliedule, approximately six (6) clays per
week except under special circumstances and when CITY authorizes a modification to
(lie regular removal schedule. The hauling schedule shall be. flexible, allowing the CITY
to add or subtract loads as required. CITY must approve any permanent schedule change.
C. Transporting biosolids to and unloading biosolids at CITY -designated Disposal Site(s),
D. Providing additional hauling services if CITY
TY require,,; additional biosolids removal, such
unistances, high inflow volumes, or process
as might be caused byspecial operational circ
or equipment probjen1g, III such event, crry reserves the righL to require
CONSULTANT to perf6rrn additional hauling services, bring empty trailers to and
remove loaded ti-ai Jef s from the HCWRF, upon l8 -hour prior notice by CITY.
E. Providing equipment and drivers that )save current registration and licenshig required to
transport biosolids. Drivers shall have had no misdemeanor moving violations beginning
one year prior to ffie Agreement term a.nd throughout tho Agreement, term,
F. Furnishing and maintaining at least four (4) Nvater-tight end-clurnp semi -trailers with
covers suitable for tj�iasportirig biosolids at (lie ECWRF for CITY to use during
dewatering to loath shUtdc, and stage biosolids. CONSULTANT shall ensure that CITY
has the optimurn number of trailers for efficient operations and shall provide additional
trailersm require&
G. Loading of"haul trailers, including inspecting the trailer and load; repositioning the load;
UICHniDg OIC trailer exterior and tiros of all loose biosolids; inspeuting, deploying, and
securing the trailer cover prior to hauling a loaded trailer from the ]'.,CWRV-, or shuttling
a trailer to the Trailer Staging Area. It shall be the responsibility Or CONSULTANT'S
drivers to ensure that the trailer tarp cover is correctlytied down and properly secured on
trailers that [hey transport from the Site.
11. Removing the tarp, from all empty trailers arriving at the Site,. except as approved
otherwise by CITY, such as, during rainfall events.
7 ]MOSOLIDS I-TAULWO SCOTT OF813RVICES
24
1. Furnishing permanent blastic trailer bed linars or approved equal for loading at the
KWRF [is required mid as approved by CITY to ensure trailers dump ot'riciently and to
prevent Spills.
J. Coordinating the schedule to bring empty trailers and remove loaded traiter(s) iron the
ECWRF between approximately 7:00 A.M. and 4:00 P,M, unless another operating
schedule for the Services is approved by CITY.
K. Cliecking-inNSULTANT's drivers, logging -in
it the ECWRF Operations Office by CO
and receiving direction for plaecinent of ilia empty trailer transported to the Site,
receiving direction regarding the loaded trailer to be, transported fain the Site, and filling
oLit the illanifest for the trailer load to be, hauled. A final manifest most be provided that
includes the weight of each load to CITY.
L. Obtaining all permits, authorizations, and exemptions, paying Lill fees, and complying
with all federal, state and local latiys and regulations, permits, codes, ordinances, and
requirements for biosolids handling and hauling,
M. Furnishing other niaterials and equipment or providing other services required to
complete the Services as described in thUs Scope of Services.
2.4 _suB/aTTALS
A, CONSULTANI'shall submit to CITY rot' review in the time specified or in ample tithe
for each to serve its purpose such schedules, requests, invoices, reports, permits, and
other information as are specified in the Agreement or reasonably required for execution,
monitoring, or control of CONSULTANT's Services.
B. Subinittal List
1. Proof , of a c-urrent City of Petaluma Business License
22, A Project Plan for review and acceptance by CITY describing the proposed nicans
of biosolids hauling and other required Plan information. The initial Project Plan
shall be submitted within ten (10) working days after the Notice to Proceed.
Subsequent Project Plans with -updates including changes to operations plans and
contact inforinatiousball be submitted as changes occur,
ax representative, Coinnninication and
Written designation of CONSULTANT's i
enjorgency contact information including Email addresses, cell photie numbers and
einergenoy phone numbers 'for all CONSULTANT and CITY personnel
responsible for providing and managing the hauling Services, within teff (10)
working days after the Notice to Proceed and again as, changes occur.
4. A Traffic Plan and a Spill kesponse and Prevention Plan for biosolids removal,,
including spill response, notification, alod reporting procedures if biosolids arc
accidoiltally spilled on-site or spill offAte such as on public roadways Shall he
submitted within ten (10) working days after the Notice to Proceed. An updated
plan shall be submitted as changes occur, The Spill Response and Prevention Plan
Shall address prevention of spills or leakage, especially dwhig rainstorm events,
8 1310SOLJDS HAULING SCOPE OF SMVICT38
25
The Plan shall include, but shad not be limited to, all information required by law
and shall include the following:
a. A description of all regular routes to be used for hauling, and
ornergency alternate routes.
b. EnIcrgency contact information and notification procedures.
c. Personal protective equipment requirements.
d. Rosponse, instructions for a Spill occurring Onsite.
0. Response illstructiolls fora spill occurring during biosolids transport.
F. Description orspiii equipn-imit to be maintained in each haul vehicle.
g. Response instructions for emergency storage or disposal in the event
of storage or processing facility failure.
11, Rcsponse instructions if 11,9zardIons or other unauthorized material is
found in load.
Copies of permits, approvals, exemptions, authorizations, licenses, reports and
certifications applicable to the Services and updates of any these documents that
arerevised or rciiewed during the duration of the Agreement, wiffiln thirty (30) days
of a written request.
C. ProjectPlan
I. Tlie Project Plan s -ball include type, size, capacity, and number of the equipment
that are proposed to be t1sed, dimensions and type of trailors to be used, and days
and times of pick up and of return of haul containers to the HCWRY.
2. The 1.11roject Plan shall include an example of the format for monthly reports as
defined int Section 2.5.A.5.
3. The Project Plan shall include a map depicting haul routes to CITY -designated
Disposal Sites.
4. The Plan shrill include copies of rill permits and approvals required for the proposed
hauling of biosolids.
5. Ti-ic Plan shall include a typical example of CONSULTANT's monthly invoice.
The monthly invoice example shall include a typical monthly trailer haul log and
we-ightticket.
2. 5 -BIOSQUI)SREMOVAL
A. Oetieral
I. CONSULTANT shall maintain conipliwice with applicable requirements of all
tedoral, state and local laws and regulatory agencies having jurisdiction over the
Services covered under this Agreement, including, but not limited to the regulatory
requirements in effect as of the coni nlenceniont of this Agreement. Requirements uirements
app4cable to the Services include,. but are not limited to., the followfiig:
a. RWQCB NPL HS final Ordex No. R2-2016-0014, NPDE'S Pernii(No.
CA0037810 (Sall Francisco Regional Water Quality Control Board,
9 MOSOLMS 11AULINIGSCOPEOVSBRVIC1"S
26
National Pollutant Discharga Elimination System Permit for City of
Petaluma)
2, CONTSAJINANT jjjuqt possess and maintain in effect tor the duration of this
contract, all ticcossary regulatory approvals,, permits, licelms, and certifications
required to batt( the biosolids,
3. CONSUUfANT shall submit an annual report of total biosolids hauled to each
City -designated Disposal Site, and Other in -Fon -nation required by regulation and by
CITY, CONSULTANT shall submit the annual report to CITY by January -1-5-20
each year for the previous calendar yeas'.
4. CONSUM*ANT shall submit weight tickets to verify the quantities of CITY's
biosolids hattled. Weight tickets shall have as a minimmil the following
a. Weight-Ticket/Receipt Number
b, Name of Hauler
c. Trailer License Number
d. Customer Name (City of Pctalurna)
e. Source (Ellis Creek Water Recycling Facility)
f. Date
g. Time
11. Gross, tare, and net weight
i. Signature of weigh station attendant
5. CONSULTANT shall submit a report monthly that shall include receipts,
manifests, anda trailer load log for all biosolids hauled, organized in chronological
order showing date, trailer number, gross and (are No I vehicle weights and net load
weighis with might ticket miniNr, destination sites, and other load information.
Mol'ItIlly reports also shall include a status report regarding Agreornent
requirements and any proposed Projeot Plan changes for CITY review and
acceptance.
6. CITY reserves thotight to inspect and observe all aspects ofCONSULTANT s
activities relatina to the Services without prior notice or CC NSULTANT's
knowledge.
7. CONSULTANT shall notify CITY as soon as possible blet 110 ]VA01- than twenty-
four (24) hours should a lOcal, state or federal regulatory agency find the
CONSULTANT in violation of laws or regulations Of its Peyrnit(s)-
CONSULTANT shall provide details on bow it plans to correct Or mitigate tile
violation, Failure to notiAy CITY within the indicated time ftmic sway result in
Cl"l'y exercising its right to treat such noti-performance as an event :for which
CONSULTANT agrees to pay liquidated damages,
S. CONSULTANT shall notify CITY within two (2) hours of any reportable accident
or spill o,courring during the performance of Services for this Agreement:
B. Loading, Staging and Hauling Equipment
1, Haul Trailers
10 B10SOLIDS HAULMOSCOVE, OF SERVICES
27
CONSULTANT shall ftimisli steel or aluminum body end dump,
water -fight, equipped with permanent plastic bed liners or approved
equal, serni-traders in near -new condition with sturdy easily deployed
covers suitable for loading
,,, staging, and transporting biosolids ovet
State highways. Trailers shall have a minimurn volume capacity of 42
cubic yards, a minimum length or 36 ft, and a maximum length of 40
feet. The trailers shall easily fit into the loading bay as shown on tile
drawing in Attaollinent A-3. Trailers shall beTravis Classic Frameless
traiters, or approved equal.
1). Had trailers shall comply with Departillent of Transportation
require.me ' rits for the transportation of biosolids over State Highways.
c. CONSULTANTshall ensure, that CITY has the optimum number of
trailers for efficient operations, shall provide a minimum of four (4)
trailers designated for the ECWRF at all times, and shall provide
additional trailers as required. Trailers shall be maintained by
CONTSULTANT; If a trailer is identified by the City as being dcricient
or diMicult to lood, tarp, or shuttle, that trailer shall not be used for the
work and shall be removed from the. Site by CONSULTANT within
five (5) calendar days and replaced,
1 CONSULTANT may propose the installation and use of additional equipment at
the ECWRr- to facilitate loading, staging, or hauling of biosolids in
CONTSULTANT's trailers such as equip-nient to control odors, vectors, or rainwater
provided ilio equipment and installation is reviewed and approved by CITY. 1f dies
equipment and histnilation is approved by the CITY, CONSULTANT shall pay all
costs of furnishing and installing the equipment at no additional expense to CITY.
C, Blosolids Quality
1. The ECNVRF producPs biosolids that do not coillstitute a hazardous waste as defined
by Chapter t 3, Division 4.5,`Title 22 of the California Code of Regulations.
2. Biosolids average between 15 percent and 22 percent total solids by weight, oil all
average monflity basis,
3. CITY makes no representation tl)At the biosolids produced by th ' e ECWRF will have
Ka particular viscosity, ebaracterislic, or quality except as identified herein.
0, Blosolids Removal Pmcedtlres
1. The ECWR1i, dowatering process llorina4y operates oil a regular schedule and
produces dewatered biosolids seven (7) days per week, Dewatcred biosolids shall
be removed from the LCV/RF oil a regular schedule. Fully loaded and partially
loaded trailers shall be renloved as directed by CITY staf, , f, and the hauling schedule
Shall, not restrict the; production orbiosolids,
2. CONNSULTANT's labor and haul truck drivers at the ECWRF site shall be
courteous and neat and clean in appearance and shall have sufficient proficiency in
Ew6dish speaking skills to Bort munionto clearly and understand verbal and written
directions givell, by the ECWRV operations staff and as r cquirod to petforin
Services for CITY,
I I MOSOLIDN 11AUL NiGSQOPF OF StRVICVS
28
3. During nDrn1fll operations, 13,C)AIRF operators will shuttle trailers to and from the
Trailer Slaging Area and the loading bay as the dewatering process dictates,
Periodically, CONSULTANT's drivers shall be required to provide shuttling
services. ECWRF operators will identify exactly which trailers need to be moved
and where they need to be moved,
4, Empty trailers transported (o the H?CWRF shall be logged -in and parked at the
Trader Staging Area or positioned in the blosolids ' loading bay or placed at another
onsite location as directed by E-CWRF operations staff, Loaded trailers shall be
i I tisl)ected and hauled frolic the Trailer Staging Area or 1'r'om (lie biosolids loading
Tay or other onsite location as directed by ECWR17 operations staff
S. All bapl trailers shall have a vehicle license number and CONSULTANT8ball use
the, trailer vehicle license number as an identification number on all weight tickets
and load logs.
G. At any tinie, CITY may inspect haul vehicles or request for review copies of driving
license.,-,, registrations, driving record, on-bourd spill response and safety
equipment, or may interview CONSULTAMrs drivoi-s. if CITY` identifies that a
haul vehicle or driver violates GMY, local state or fedoral laws, regulations or
policies, or do not meet the requirements of (lie Agreement CITY may issue
CONSULTANT a NOD (Notice of Deficiency). CONSULTANT'S haul vehicle
or driver may be required to stop providing Services to CITY when issued a NOD
until the deficiency ha -s been corrected and the vehicle or driver has received and
passed re -inspection.
L-'. CONSULTANT Responsibilities
1. CONSULTANT shall be responsible for all federal, state, and local regulatory
requirchients for the lawful transport and unloading or biosolids. The
CONSULTANT shall not exceed the gross road, bridge, or highway weight
allowances iii pounds when loaded, based on the length of the truck, number of
axles or 80,006 lbs., whichever is lower:
2. CONTSULTANT shall be responsible to provide training to all its drivers on CITY
policies and procedures and the approved Spill Prevention and Response Plan and
shall ensure that till haul vehicles used for CITY biosolids contain the approved
Spill Prevention and Response Plan and spill cleanup equipment,
CONSMANVs drivers shall be subject to regular testing by CITY personnel fbi-
k-nowledge of CITY policies and procedures, and lire spill prevention aild response
plan. Non -comp . liancevvith plant potlojes or lack of training and preparedness of
CONSULTANT's drivers may result in CITY issuing, the CONSULTANT NOD.
4, CONSULTANT shalt be responsible for reporting within two hours to the
regulatory agencies having jurisdiction and to CITY's designated emorgency
contact person the ocuirrence of any reportable spill of biosoljds while being
transported or at the Disposal Site or any reportable accident involving a vehicle
carrying [lie City's biosolids. Failure to inunediatuly report a spill of biosolids or
Farr accident may be subject to liquidated dan-Lages in accordance with Attachment
A-2.
12 MOSOLIDS I fAULIXG SCOPF, OV SERVICES
29
CONSULTANT shall be tesponsible for the clenntip of all shills of biosolids while
being transported or at the Disposal Site to the satisfaction of the regulators "acid
CITY. In the event ofundue delay, CITY nlay aufliori;,,c its staff orarty third party
to perform required cl mim tip tasks. CONSULTANT shall be responsible for payi rig
all costs to cleaii up spill as required and shall pay all fines and penalties asscsscd
by f0gUlatOry agencies because of the spill,
2.6 COMPENSATION, INVOICINC,.rANTD PAYMENT
A. Measurement and Payment
I . For and inconsidei-ation orthe Sei-vices perf Tas d
d escr be,
orinedbyCONSULTAN - described
in this Agreement, CONSULTANT shall invoice CITY and CITY shall
compensate CONSUL` ANT pursuant to Section 2.6,A.2, for the hauling of and
reuse or disposal of biosolids, except as noted in Sections 2.6 C "Liquidated
Damages and Non-performance", and 2.7 "Adjustment to Compensation", and is
otherwise agreed to in writing by both parties. CONSULTANT agrees that tile
compensation specified herein includes all of its overhead, capital costs, permit
foes, reporting fees, verification and training fees, and represents all costs to load,
transport, and unload the biosolids including but not limited to fumishing all labor,
equipment, materials, vehicles, fees, maintenance, insurance, periniftilig,
monitoring, and re -porting as described herein. No other expenses or costs
associated with the Services may be invoiced to City.
2. CONSULTANT's costs to CITY for hauling of CITY's biosolids shall include:
a. A base charge per load for Loading of trailers at ECWRF and for
C)
unloading at. tile designated Disposal Site, AND
b. A transportation charge per mile for transport of the biosolids to the
designated Disposal Site.
The base charge and transportation charge shall be shown in the schedule set forth
in AttRelinierit A- I included hereto and incorporated hercin.
B. CONSULTANT shall submit invoices for payincilt niolithlY that shall include an invoice
stunmaly, A load log suainiary for all biosolids hauled, mileage records, certified receipts
(i.e. weight tickets) for all loads hauled From Nveigh stations and/or Disposal Sites, HDd
any other information required to substantiate invoices. CITY will process the approved
invoice after satisfactory review of the paynient request and supporting documents.
G Liquidated Damages and Non"perfor,piaticc
1. CITY and CONSULTANT find that as of the fline of the execution of this
Agreement, it is impractical, if not impossible, to reasonably ascertain the extent
lit of
damages which shall be incurred by City as a result of a (reach by CONSULTANT
of its obligations under this Agreement. The factors relating to the impracticality
of ascertaining daimigeg include, but are, not limited to, tile fact' that:
a. Substantial damage may result to CITY from impairment to its
Wastewater Pr0graill due to non -conforming Services.
13 1310SOLIDS HAULING SCOPROF SLAVICES
30
Substitute porfomianco 'r " 11 11 Set Cos I IR
or non-coi-tforming Agive ic t -vi 1 y
be available at substantially higher east than the Agreement Services
and the monetary loss restilting Ifa
oill del Y in obtaining substitute
Services is impomible to calculate in precise nionciary terins.
o 'I'lie or such breaches, and other'
. termination or this At f 0
mmodics may, it best, lie a means of future correction and not
necessarily a remedy that makes CITY whole for past breaches.
CITY and CONSULTANT recognize that if CONSULTANT Fails to
perf
orm the Services as required, CITY will stut't'er damages and that it
is, and will be impractical and extremely diffic-uh to mcertnin and
determine the exact amovill Of damages which CITY will suffer.
Therefore, without prejudice to CITY's right to treat such note=
performance as an event of default, CITY and CONSULTANT agree
in accordance willi California Government Code Section 53069.85 that
the liquidated damage arriounts shown, in Machmetyt A-2 represent a
reasonable estimate of the amount of such da"Inges considering all Of
the circumstances existing on the effective data; of this Agcceinent,
including the range of harm to CITY. that reasonably could be
anticipated kind the anticipation that proof of actual damages Would be
costly or impractical.
2. CITY may determine the occurrence of events giving mise to Liquidated Damages
througli the observation of its own employees or representatives or investigation of
complaints by regulatory agencies, land owners, or the public.
3. Liquidated Damages will typically pically be deducted from CONSULTANT invoices by
the CITY within 30 calendar days of the date the Liquidated Damages are assessed.
4. CONSULTANT agrees to pay (as Liquidated Damages and not as a pennity) the
amounts set forth in the Schedule of Liquidated Damages, included as Attachment
A-2 of this Scope of Set -vices. Such damages as set forth in the Schedule of
Liquidated Damages are imilestones foe use in amessing the Liquidated Darnages
for -failure to timely perform certain aspects spects of the Services,
5. City may assess Liquidated Damages for failure to timely perform the Services in
accordance with Attachment A-2, subject. to the same annual adjustments, as are
specified in Section 2.7 Adjustment to Compensation'.
23 ADJUSTMFNIT TO COMPEN-SATION
A. The charges shall be adjusted on July I of each year. No adjustments shall be made. until
Jtily 1, 2020. The adJUStInCilt to compensation sliall be as follows:
I . The base charge per load as shown in the, schedule set forth in Attacliment A- I shall
be increased or decreased by the cbange as measured by change to the U -S.
Department or Labor Bureau of Labor S , tatistics All Urban Consumer Price Index
— Stn Franoi9co Bay Area (CPI) for the annual percent change based on. data for
the 111ontli of June for (lie previous caletidar year. The base chargo shill be adjusted
by ninety (90) percent of (lie CPI change during that period except that the,
14 1310SOLIDS HAULUNCI SCOPE Or SERVICES
31
adjustment in any one-myear shall not exceed rive (5) percent during that period. The
adjusted rate shall be rounded to the nearest $0,0,rlo
2. The transportati On charge per mile for bios-L)Iids as shown in the schedulesetforth
in Atlachnient A-1 shall be increased or decreased by one percent (1%) for every,
one percent (I %) cIl,,,ltlgC in the price per gallon of diesel acenydirig to file California
diesel fuel price as identified in the United States Governnim Energy Information
Adniiiiistration. (EIA) diesel fuel price index identified as the "Weekly Retail Oil -
Highway Diesel Prices". 'rho diesel price on the first week of June 2019, shall be
the basis for the initial compensation adjustment effevtive July 1, 2020, and elle
adjustment
ment shall, be the percent difference in price for the preceding calendar your.
Subsequent annual aclitistments shall be file percent difference in the price per
gallon of diesel for the preceding calendar year. The adjusted rate shall be rounded
to tile nearest S.05. The index is available (in the Internet website
lit Ins../AywNy" c!Ja,gq�Altrcllcu InIf-'asd i('sefl/.
B. The avqragenionthly quantities and schedule of production of biosolids to bo transported
that are given in this Scope of Services are approximate only. The actual average
monthly quantities may vary from the quantity provided herein. No adjustments to the
compensation provided in the Agreement shall be made therefore except as noted in this
Scope or Sol -vices,
END OF
SCOPE OF SERVICES
15 BIOSOIADS HAULING SCOPE OF SERVICLS
ATTACHI\41-,3NT A-]
SCOPL; OF,8ERVICES
POR THE HAULING OF BIOSOLIDS
FROM THE
ELLIS CREEK WATER RECYCUXIG FACILITY
SERVICES COST SCHEDULE
For the ftill per-RVIllonce of services set f0iih in ol'Services as described berein, CII'Y
shall compensate CONSUI-DANT using the following unit costs. No other expenses or costs
associated rNvjfli the ScrVices may be invoiced to the City, except as noted in Sections 2.6
"Compensation, Invoicing, And Payment" and 2.7 "AdJustment to Compensation", mid as
otherwise agreed to in Nytiting by both parties:
Base Charge
Unit Cost $ / Load
Cost for Loading and Unloading $110.00 —
Trails portntion -LkaLgt_
Distance to Disposal Site
0 to 50 tides firom FCWRF
51 to 100 miles fron) EMU
More Ilia 100 miles from ECWRJI
Page 1 of 1.
Unit Cost $ / Mile
$4.14
V).72
$3.32
ATT ACHWNTA-1 8T,,RVJCE8C0STSCfIr-,DUI.E
April 2019 33
ATTAC11MENT A-'2
SCHEDULE VOR UQUIDATED DAMAGES
CONSUMANT may be assessed Liquidated Damages if Consultant tails to timely POIT01-111
Svi-vices listed in this Attachment in accordance with the terms and conditions of the Agreement.
No.
Deseliption
Failure to Maintain Continuous Reliable Service. For raflul'e to
Amount
$400/ Day
I.
provide equipment or personnol required to provide, continuous reliable
performance of the Services defined in the, AVO—einent.—
—
3
Notification of Spill: Failure to notify CITY or otherauthority(s)
$1000/
havingjurisdiction within the first two hours after the occurrence that A
Eachliour
reportable accident or spill has occurred invoMng performance of the
Delay
Services provided to the City under this Agreement,
Notification of Regulatory Violation: Failure of CONSULTANT to $500/'Day
report to CITY airy violation of federal, st"Ue, or local laws, or Delay in
regulatory requirement -associated with the hauling and reuse or Notification
disposal of bioslolids or the Servicus identi-fied in the Agreement.
In placing Designee's signature and date at the place provided, each party specifically confirms
the accuracy of the statements made above and the fact that each party has had ample
opportunity to consult with legal counsel and obtain an explanation of liquidated damage
provisions of the time that the Agreement was made.
t I
Consultant ICity
Dote
bate:
Page I or I AITACHWNTA-2 SCOBDULF OFLIQUMATM DAMAOES 34
ATTACHHE NT A-3
MAPS, FIGURES AND DRAWINGS
35
T
37
38
EXHIBIT A-2
SCOPE, OF SERVICES
FOR THE MANAGEMENT OF B10SOLIDS FROM THE ELLIS CREEK WATRR
RI CYCT,TNCj FACILITY
Table of Contents
Section 1. Ceiieral Conditions and Requirements
1.1 Definitions
l.2 Qualil<cations
1.3 General Limitations and Rquirements
1.4 CONSULTANTS's kcprosei-itative,
1.5 Safety Requirements
Section 2 Specific Reguirem.ents for Sci-vites
2,1
De§cription of Services
VvIces
2,2
Location of Treatinent Facility
2.3
List or Services
2.4
Submittals
2,5
Biosolids Management
2.6
Compensation, Invoicing, and Payment
2.7
AdjUStIllellt to Compensation
Attachments
Attachment A-] Services Cost Schedule
Attaolinieni A-2 Schedule for Liquidated Daroapos
Attachment A-3 Wastewater Solids Laboratory Data
Attachment A-4 Ellis Creek Water Recycling Facility Location Map
SCOFT, OF srRVICr.-.S
39
SECTION t GENERAL CONDITIONS AND REQUIREMENTS
1.1 DEFINITIONS
Whenever used in this Scope of Services, the t-olloNV ng terms have the: meanings indicated in this
Section and meanings are applicable to Loth the singular and plural thereof. It` a word which is
entirely in upper case iti tliege definitions is Found in lower case this Scope of Services, then the
lover case word will .have its ordinary moaning.
Agreement -The Professional Services Agreement including, associated exhibits, the Scope of
Services (all required certificates, affidavits and other docunientation), amendments to the
Agreement, executed between the CITY and CONSULTANT covering the Services to be
performed,
Agronomist -= An expert in soil iiianal ement and fiold-crop production with at least 5 -years
experience in calculating biosolids application rates in agriculture using at a miniaitum: site
infort itatitira inoludingsoil and crop type; plant -available nitrogen provided by other so ices than
biosolids, estit sated amount of plant -available nitrogen deeded fiom biosolids, collected data froth
the hiosolids, estirrnated piant-ayaiIable tiitrogcn per Dry Ton of Biosvlids, estimate inorganic.
nitrogen retrained, estimate Organic nitrogen mineralized; calculation of agronomic biosolids
application rates, and verification that acttiat biosolids, lanai applicationl) rates for all nutrients and
pollutants in the field comply with approved And reported valacs, -aid with regulations.
,A nipudinent A document sighed by CONSULTANT and CITY that authorises an addition,
deletion, or revision to the, Scope of Services, or an adjustment in the compensation foto services
or the Schedule of Services, issued on or after the laff'eelive Date of (lie Agreemenit.
Biosollds - Municipal wastewater sewage sludge and either liquid wastes that have been treated
and tested and shown to be capable of being beneficially and legally used as a soil amendment for
agriculture, silviculture, hortictniturc, and lazed reclamation activities as specified under as CFR
503.
Calendar Day — A calendar deny of 24 hours measured from nlidnight to the next midnight.
Certified Receipt — Weight ticket issued at a certified scale with a receipt from a Disposal Site
that verifies the wet tons ofbi.osolids received at the Disposal Site,
CITY - 'flee City of Pettalutna or a designated representative of the City of P10ttatuala.
CONSULT-kNT or CONTRACTOR - The individual, partnership, corporation, joint -Venture,
or other legal entity with whom C.`H Y has execrated the Ag, ccmont.
Deficiency Where CONSULTA91' has been found to be in violation of the Agreetpent
retlaairemee nts, EMRoperations or safety rcquirehlents, or local; state, or federal lbws or
regulations applicable to the Setvit;es•
tirasot;tns MANAGLIMCNT SccatT pr sravtc:> S 40
Disposal Site - met -Ins the location where ally process or method for biosolids nianugement occurs.
This includes associated properties for land application.
EMIM - Ellis Creek Water Recycling Facility, the CITY's wastewater treatment plant located
at 3890 Cypress Drivejetalunia, CA 94954 land the adjacent oxidation pond site at 4400 Lakeville
Hwy, Petaluma, CA 94954.
Hath Vebicle - nicans any truck, trailer, seem -trailer; tractor/trailer combination or nliy self-
propelled or motor -driven -vehicle used by CONSULTANT on any public highway for the purpose
of transporting biosolids.
Hazardous Waste - The term Hazardous Waste shall have the nicarling provided in Sco(iorl 1004
of the Solid Waste Disposal Act (42 U.S.C. Section 6906) its amended rforn time to time.and shall
Illeall any Material that is suicct to the Hazardous Waste Manifest Requiroinents or tree u.s.
Environmental Protection Agency specifier/ in 40 C I?R Part 262,
Invoice - The form accepted by CITY which is to be used by CONSULTANT to request monthly
payments for services and which is to he accompanied by such supporting documentations as are
requested by the. CITY or required by the Agreement.
Land Application - The beneficial reuse of biosolids by [he application as a soil amendment at
penilitted agricultural sites in conformance with all applicable laws and regulations,
Laws or Regulations - Any mid all applicable laws, rules, rcgtilntions; ordinances, codes, and/or
orders of any and all governnientil, bodies, agencies, authorities and courts having jurisdiction.
NOD, Notice of Deficieng - An official notice issued by MY to CONSULTAN'r for a
deficiency in providing the Services described in this AgreenleriL
Processing- To prepare, treat, or convert biosolids.
Processing Site - Any plant or site used for the puil)ose of sorting, cleansing, treating or
converting materials for the purpose of ninking such material availablc for rouse,.
Project Plan - A biosolids management and operations plan that fully describes the operations
,involved with providing the Services to the CITY of managing the CITY's biosolids.
Reuse - means to handle, transform, process, or remanuRacture materials into beneficial, usable,
or marketable materials for use other than landfill disposal or incineration as a waste.
Subcontractor - An individual, partnership, corporation joint -venture, or other legal entity having
4 dircul contract with CONSULTANT or with any ether subcotitractor for the perforniance or a
earl of the Service,,; in accordance with the requirements of this Agreement,
Ton (or Tonnage) - rnearl,5 a unit of measure f6y weight equiValent to two thousand (22,000)
standtvd pounds where each pound is sixteen (16) ounces.
Work - Pallormance of Services as described in this Agreement,
Wofldng Day. - Any day except Saturdays., Sundays and CITY holidays.
2 131080LIDS MANACYI ?VIHNT SCOH 0VSHRVlC1,S 41
1.2 QUALIFICATIONS
A. CONSULTANT shall have at least three (3) years of recent experience and financial
capability to provide full services managing and executing similar agreements for
biosolids management, CONSULTANT shall have experience providing reliable and
offective bicisolids management services including permitting, benofici.al reuse,
disposal or other methods or technologies. CONSULTANT shall supply
comprehensive linrorniatiori regarding its qualifications and recent experience
completing similar services agrecincrits, its financial and bonding capabilities, and
experictice in biosolids management for CITY review ailO acceptance,
13. If biosolids management includes land application, CONSULTANT shall enlist the
services ofan Agronomist with at least five (5) Years ofexperience condueting sirnilar
work calculating biosolids application rates, crop nutrientrequirements and uptake
rates, nutrient and pollutant loading On fields, and providing verification t1la( nppyoved
biosolids application rates were followed in the field. CONSULTANT shall Supply
information regarding qualifioations and experience of the Agronomist for CITY
review and acceptance.
1.3 (4ENERAL LIMITMIONS AND REQ ,UIRE
MENTS
A, CONSULTANT shall obtain a business license froin the City of Petaluma prior to
contract execution. Processing of a business license takes approximately tell business
days. CONSULTANT shall apply for a business license no later than five calendar
days following the Award of the Agreement,
B. The 130WRF is an operating municipal wastewater treatment plant and
CONSULTANT shall coordinate all Services xvith CITY and the CITY's other
contractors and service providers and shall not in any way impede or im])air the
operations of the treatment plant or other work at the site.
1.4 CONSULTANT'S REPRESENTATIVri
A, CONSULTANT shall designate in writing, before starting work an authorized
representative who shall have the authority to represent and act for CONSULTANT
for the duration of the con(ract. My change in the designation shall require, prior
review rind acceptance by CITY.
B, When CONSULTANT is cornprised of two or more persons, firms, parinership8 or
corporations functioning on ajoint venture basis, said CONSULTANT sliall designate
in writing before starting;
ing Work, the name of one authorised representative who shall
have the auill,prity to YCprC8CDL and act for CONSULTANT,
C, in the case of urgency or emergency where CONSULTANT's authorized
reptesontfaive is not present oil any particular part of tile work and Wljere CITY wishes
to giye notification or direction, ft will be given to and be obeyed by any of
CONSUIJANT's workers in the mica.
1310801.1DIS MANAGEMENTSCOPF" OFSPIMVICES 42
1.5 SAFETY REQUIREMENTS
A, CONSULTANT shall comply with all CAL/OSI-IA, Department of Transpoilation
and all ot'her applicable saky requiren-ients. It shall be CONSULTANT'S sole
responsibility for making sura that these safety requirements Marc: mot and
CONSULTANT shall ftilly nssme all liabilities for any damages and/or h1jul-ir's
resulting, frO111 its fillIUM to COMply with the safety requirements. Faiinre on the
CITY'S part to stop ullsare practices shall, in no way, relieve CONSMANT of its
responsibility.
B, CONSULTANT shall inform all workers of the hazards and safety procedures
associated with handling biosolids, hazardous chemicals, Rnd other hazards that may
be present. CONSIJLTA-N'F shall be responsible for directing all its workcns and
subcontractors to strictly adhere to the approved methods for safely conducting work
associated with handling wastewater solids. No work shall procced until each.
CONSULTAN' worker and subcontractor understands the scope of the work and all
safety rules and work procedures to be fialloxyed, CONSULTANT shall not allow a
new employee or .new subcontractor to begin any Nyork- on CITY prqjeds without a
full and proper safety orientation. CONSULTANT shall take all necessary
precautions for (fie safety of, and shall provide the, necessary protection to Prevent
damage, injury, or loss to the f0110N'Ving:
All of the Services and inateitials and equipment to be used to perform the
Services as described herein.
C. CONSULT'AN'T shall notify the CITY within two hour8 of any reportable accident,
injury' or pmupational illile'sq occurring during the performance of Services for this
Agreement.
4 BIOSOLIDS MAX1AG'13MF-N,'r SCOVE or; 43
SECTION2 SPECIFIC REQUIREMENTS FOR SERVICES
2.1 D138CRIPTION OF SERVICES
A, General
CONSUIA_yANT shall furnish the necessary resources -For management of the City's
biosolids produced at the Ed lis Creek Wmter Recycling Facility (HCWRF).
13, Wastewater Treatment Facility Operations
The WWRI-7 is designed to treat 6.7 million gallons per day (average dry weather flow)
of municipal Wastewater from (lie City of Petaluma, Mu-ing normal operations, the
J-XWR , Fwill stabilize and dewater biosolids using the rollmming treatment processes:
headworks equipment for screening and grit removal; oxidation ditches with tictivated
sludge treatment; and mesophilic anaerobic digestion. Digested sludge is stored ilia
sludge storage taffl( prior to dewatering by a low -speed rotary screw press, and transfIerred
by shaftless screw conveyors into haul trailers pre -positioned in a loading bay adjacent to
the Screw Press Building, The loaded trailers will be hauled from the EMMsite by a
contractor to a Disposal Site(s) determined by CONSULTANT in consultation with [lie
CITY.
G Biosolids Management Process and Methods
CONSULTANT shall manage the biosolids by processes and niethods meeting all
regulatory requirements and the approval ' of CITY. It is the CITY's intent to encourage
reuse of biosolids within the region and to minimize transport distances for biosolids.
Management of biosolids must comply With the following requirements:
1. A inihirnurn of Len percent (10%) of CITY's annual biosolids Shall be processed
in a facility that meets requirements to produce Class "A" biosolidn as specified
under 40 CFR 503. The Class A facility shall be located within 50,milcs,of the.
I -, C WRF.
2. A minimuni of fifty percent (50%) of CITY's annual biosolids shall be land
applied at sites within 100 miles ofthe E CWRI'-.
3. All other biosolids shall be prooes5ed, land applied, roused or disposed at sites
within 120 infles of P'Mu..
D. Delivery of, Biosolids to CONSULTANT
Cl.,I-y shall separately contract for hauling of biosolids from EC)AIRF to Disposal Site(s)
determined by CONSULTANT in con.9111tation with CITY.
1. Biosolids will be delivered to CONSULTANT Prom F -C , WRF typically six days
per work, Moliday through Satorday.
2, Biosolids delivery will initially be eight to nine loads pet week of approximately
20 wet tons per -load, Afta CITY begins to treat High Strength Waste, expected
5 B10SOLIDS MANAGWEN I P SCOPE OF SLRV UCVS
44
in fourth quarter 2019, the miniber or load.-, will increase to toil to -fifteen per
week.
E. Biosolids Quality
1. The JjCWR.F creates biosolids treated for pathogen and vector attraction
reduction and will monitor dowaLered biosolids with regular laboratoiy testing as,
required to ensure that, at a minh-num, the, CITY's biosolids have the tolloNving
characteristics,
a. Are classified as Class "B" Biosolids meeting vector at(raotion reduction
and pollution ceiling concentration limits for the nine regulated metals of
EPA 40 CFR 503 and pathogen veductioli standards specified in EPA 40
CPR S03.32(b),
b, Do not constitute ti hazardotis waste as defined by Chapter 11, Division 4i5,
Title 22 of the California Code of Regulations.
c. Are suitable for reuse in tj composting process or for Lind application.
d. Average between 15 porcent and 22 percent total solids by weight, on all
average monthly basis..
c. Do not contain any radioactive isotopes at levels regulated under applicable
law.
2. During special upQrational circumstances, such as treatment process upset, the
ECWRF inay produce unclassified ted wastewater solids that are not ftilly stabilized
or that do not meet the quality or monitoring requirements of Class "B" biosolids
as defined herein and as required for land application by at] federal, qtatc, and
local laws and regulations, To date, CITY has not produced any unclassified
wastewater solids at EMNIRF, CITY may require CONSULTANT to trianage
-uncla8sifted wastewater solids, CITY's unclassified wastewater solids will have,
kit a minimum, the following characteristics:
a. Comply with po.11101lt ceiling- c0licentration limits for the nine regulated
metals of 40 CFR 503 regulations.
b. Do not constitute a hazardous waste as deflined by Chapter 11, Division 4.5,
Title 22 of the California Code of Regulations,
c. Do not contain any radlonotive isotopes at lovely regulated under applicable
law.
3. CITY will monitor biosolids treatillePt processes mid conduct regular biosolids
40 CPR 503 pollutant concentration testing as required to classify ECWRF
biosolids as Class B Biosolids suitable for reuse during Ilic terin of the
AgruemeW. CITY Nvill make its independent test results available and will
provide review and authorization of NANI (Notice of Necessary Information)
for B'CWRF biosolids to CONSULTANT as required to assist CONSULTANT
to obtain and maintain rCLISC, processing, or disposal pert-nitting.
4. CITY's existing monitorin1) rograrp includes testing, samples. of dewa(erc-ad
Do
biosolids froiii the ECWRF for constituents
stituents including oletals and priority
pollutonth as toquired to inect stringent landfill -waste acceptance criteria. The
6 BIC(SOLIDSN4ANAGErVIEWSCOPH OFSE01M
45
wastewater solids quality reports from the years 2017 and 2018 are included ill
this Scope of Services in Attachnicrit. A-3, for information only.
5. CITY makes no representation that ffic classified biosolids produced by the.
F,CWRF will have a particular viscosity, characteristic, or quality except as
identified herchi.
F. wasteNvater Solids Estimated Quantity
During normal operation of' the ECWRP dowatering process, the production of
dewatcred biosolids is estimated to be in the range of'Six hundred (600) to one
thousand one livindred (1, 100) wet tolls per molith,
2,2 LOCATION OF TREATML-N— - FACILITY
The biosolids will be generated at HCWRF located at 3990 Cypress Drive, Petaluma, CA
94954. HICWRF is acljjacent to and west of Lakeville Highway (State highway 116)
approximately two utiles south of the intersection of Lnkeville Highway and State Highway
10 1, ill Petalunia, Smorn ' a County, California, 94954. See Attachment A-4 to this Scope of
Sorvices, for a map showing the gejiei-Il location of the, ECWRF-
23 LIST OF SERVICES
The Services to be performed by CON SUL,rANTundcr this Agreement iticlude, but are not
limited to, the following:
A. Furilishingall labor, matorials, equipment, and. maintenance required for management
of biDsolids generated by E,,CWRF commencing after Agreement negotiations and
award and issuance of the Notice, to Proceed,
13- Providing approved biosolids mariagement processes or methods such as land
application under the guidance of an Agronomist, Class A troatnierit process,
eo I mpostijig, reuse as landfill alternative daily cover, disposal in a landfill as uwaste,
or other legally acceptable methods.
C, Coordinathig, with CITY and CITY'S hatiling contractor to accept biosolids from
H i -MRF on a regular schedule, approximately six (6) days per vVeek except under
special eircurnstancess and wheii City authorizes a modification to the regular
schedule. CITY inust approve any pormanent schedule change.
,D, Submitting al . I required reports, schedules and documentation to CITY to demonstrate
performance of Services.
E. Providing additional biosolids management services ilk CITY requires tiliclassified
wastewater solids removal, such as might he caused by special operational
circumstances, high inflow volumes, or process or equipment problems. Ill such
event, CITY reserves the right to require CONSULTANT to accept Additional
biosolids or wastewater solids, upon I 9-liourprior notice by CITY.
7 BIOSOJADMANACEMEN'I'S('01'1Or,,SERNIICES
46
F, Obtaining all permits, authoi,izatiojis,and exemptions, paying all fees, and complying
with all, 'federal, state and local laws and regulations, permits, codes ordimirices, and
requirements for biosolids managemelit.
G. Responsibility for complying N-Vith all laws and regulations for monitoring,
recordkeeping, and reporting requirenwnts for land application, composting, or any
other biosolids process or method.
1-1. Submitting a copy to the CITY of regulatory permitting, approvals, monitoring
reports, laboratory reports, annual processing and laud application reports, or other
documentation of any prqjcct related activities porforined by CONSULTANT as are
specified in the At or when requested by the CITY,
1, Flit-nishing other materials and equipment or providing other services required to
I complete. the Services as described in this Scope of Services.
2A SUBMITTALS
A. CO'Nsuf;rANT ,;hall submit to CITY Bor review in the tinle, specifiled or in ample
tittle for each to serve its ptirpose such schedul'6s, r6quosts, itivoi0s, reports, tort
results, permits, and other inrormatioti as are specified in the Agreement or misonably
required for execution, monitoring, or control of CONS-UTTANT's, Services,
B. Submittal List
1. Proof of a current City of Petaluma Business lJoease
2. A Project Plan for review and acceptance by the CITY identifying the proposed
sites, processes and methods for biosolids management and other required Plan
information. The initial project ]']an shall be subillitted within ten(10) working
days uflor the Notice to Proceed. Subsequent Project Plans with updates
including chariges to operations plaits, contact Wfortbation, biosotids
it 4nggembnt options shall be submitted as changes, occur.
3. Written designation of CONSULTANT's representative. Communication and
emergency contact information including Email addresses, c.0111 phone numbers
and crijorgency phone jiumbers; for all CONSUL17ANT and CITY personnel
responsiblo for providin.g, and =naging biosolids Services, within ton. (10)
working days aRcr the Notice to Proceed and again after changes occ4m,
4. Copies of perinits, approvals, exemptions, atithor!7%jtions, licenses, teports aild
certifications applicable to the Services and updates of any these doomments that
arc revised or renewed dining the duration of the Agreement, within thirty (30)
days of a written request.
C. Project Plan
1. The Project Plan shall provide ireformation oil each biosolids 1managoille-I)t
process or method to be used and the associated site(s).
2, Vor land application, the Project Plan shall specify vector at-ttaction reduction
0j
options, application site location($) and map, significant crivironmental features,
identify site monitoring, idcntff�, property owner and operator and, lease
B10,5OUDS MANAGEMENT SCOP B OF SERVICES
47
agreements, Tfie Project Plan sluill describe site history, and provide the
projected site capacity by the Agronomist including application rates,. (mining by
tho Agronomist for site personnel, and verification by the Agronomist that
application rates were followed, If the site(s) is to be leased for benefickjal reuse
of wastc,water sol ids, provide authorization by owners.
3. The Projcet Plait shall include copies or all permits and approvals MILlited for
all the proposed biosolidq InEalagMient processes or methods(s) including but
not limited to R\VQC13 (Regional Water Quality Control Board) waste discharge
permits and requirements, Solid waste facility permits and agreements,
conditional land use pe,ri-nits, waste disposal exemptions ftorn ill] feder4l, state,
and local agencies having jurisdiction.
4, The Project Plan shall incl icle a typical example, of CONSULTAM"s monthly
invoice,
2.5 BJOSOLIDS MANAGEMENT
A. Gencral
L CONSULTANT shall maintain compliance with applicable requirements of all
federal, state kind local laws andregulatory agencies having jurisdiction over the
Services covered under this Agreemelil, including, but not limited to the
regulatory requirements in effect as of the commencement of this Agreement.
Requirements applicable to the Services include, but are not limited to, the
following:
a, RWQCB NPDE' -,Final Order No. R2-2016-0014, NPDES Permit No,
CA0037910 (San Prancisco Regional Water Quality Control Board,
National Pollutant Discharge Elimination System 'Permit for City of
Petaluma)
1). SWRCB General Order (California State Water Resources Control
Board Order No, 2004M12-DWQ-Creneral Waste' Discharge
Requirements for the Discliargo of MasteWoter solids to Land for Use
as a Soil Amendment in Agricultural, SilviciAtural, Hoilicultural, and
Land Reclatliation Activities)
c,. P',PA's Wastewater Solids Rule 40 CFR 503 (Errvironinental Pre,Ytection
Agency Standards for the Use and Disposal of Sewage Sludge, Title
40 of the Code of Federal Regulations, Part 503)
(1, Local land applicatioprequircments for biosolidq management sites.
2. COMSULTANTmust pw"esg and maintain in effect for the duration of this
contract till necessary regulatory approvals, permits, licwises and certifications
required to manage biosolids.
3. For land application of biosoli,ds, CONSULTANT shall enlist the expertise of a
,Soil Agronomist to calculate application, rate.,; and provide cxj,)eAisQ in
preparation of monthly and annual reports.
9 B1080LIDS MANAGEMENTSCOPE OF SERVICES
48
4, CONSULTANT shall submit a monthly schedule to CITY of intended biosolids
Disposal Site(s) by the last day or the, month flor the subsequent month,
S. CONSULTANT shall submit an annual report of total biosolids managed,
including total biosolids received, Disposal Sitc(s) information, nutrient, and
metals loading for land alipheation, and other info rinat ion required by regulation
;and by CITY for Ct'I"Y's annual biosoli& report to regulators, The
CONSMANT shall submit results of analyses for concentrations of all
regulated chemicals and biosolids characteristics and land application site details
and aplilication rates for each land ap�nlication site.
6. CONSULTANT shall retain Certified Receipts to verify the quantities of CITY's
biosolids being managed.
7. CONSULTANT shall submit a monthly biosolids report including Certified
Receipts for all blosolids managed. Motilbly reports also shall include a status
report regarding Agreement requirements and any proposed Project Plan chartges'
for CITY review and acceptance. If a biosolids management method is land
;application, the monthly report shall also include other information required by
regulation and for CITY's reports to re9tilators,
8. CITY reset -yes the fight to inspect and observe all aspects of CONSIXTANTs
activities relating to the inanagerrient of CITY's biosolids including access to all
land application sites, storage facilities, Oorn.j)osting facilities, or other reuse,
processing, or disposal sites Without prior notice or CONSULTANI"s
Icnowledgo.
9. CONSULTANT shall iiotif�y CITY as soon as possible but no tater than twenty-
four (24) hours should a local, state or federal regulatory agency find
CONSULTANT in violation of laws or i-egulations of its permit(s). The
CONSULTANT shall provide details on, how it plans to correct or mitigate, the
violation. Failure to notify CITY within the. indicated time rrarne may result in
the CITY exercising its right to treat such non-performance as an event for which
CONSUL'J`AINTT agrees to pay liquidated damages.
10. CONSULTANT shall notify CITY within two (2) hours of any reportable
accident or spilt occurring during the performatice of Services for this
Agreement,
11, CONSULTANT shall be responsible, at its exponse, for Ineeting all monitoring
and reporting requirements imposed by all rogulatOry agencies having
jurisdiction over CONSULTANT operations. All wastewater solids sampling,
laboratory analyses, or characterization that CONSULTANT may require For
permit acquisition, regulatory compliance, wastewater solids reuse, land
application, processing, landfill waste acceptanceor otherdisposal option shall
be the responsibility of CONSULTANT and shall be conducted at no additional
cost to CITY, CITY is qnder no obligation to adapt its sampling schedule to suit
the monitoring requiremen is of CON SULTANT. CONSULTANT rnay. use data
from the bioso)Uq samples Independently collected and analyzed by City or may
conduct its own independent monitoring as required. CONSULTANT shall
provide CITY with copies of all sampling inforniation including sample chain of
B 10SOLIDS MANAMM ENT scopr oP sLVICB,8
M
custodies, certified laboratory report~. and ginunarized lest results for all
analytical testing involving CITY's wastewater solids.
B, CONStJII'ANTR.ospojisibititie,5
1. CO-NSULTANT shall submit evidence apiiiially and upon request that its
Disposal Site(S) are approved by the CaliAirnia Environmental Protection
Agency (EPA), State Water Resources Control Board, California Department of
Resources Recycling and Recovery (CalRecycle), Regional Water Quality
Control Board, or other agency having jurisdiction, and by local enforcement
agencies rvitlidiscreti,oritii-yauthority. CONSULTANT shall submit to CITY all
regulatory approvals and other permitting doctiments to show the sites are
compliant with all laws and regWations that govoni the site(s).
2. If blosolids managernent is by agricultural land application, CONSULTANT
shall use transportation and land application procedures that conform to the good
management practices defined in the "National Bioso,ficig Partnership - NBP
National manual of Clood Practice" 2011 edition.
3. Disposal Site(s) ,;,hall havo a monitoring program approved by the appropriate
regulatory agencies for n1oliftoring characteristics of the wastewater solids and
the site. CONSULTANT shall assume all responsibility and costs for tho site -
monitoring program and shall provide CITY with a copy of all site monitoring
reports within 30 days upon written request from CITY.
4, CONSULTANT shall perform and producc all monitoring and reporting data
fornis and reports and shall pay all fees and costs as required to comply with the
requirements ofregulatory agencies baying jurisdiction over the management of
CITY's biosolids. Copies of any report involving CITY's biosolids shall be
provided to CITY,
5. Biosolids shall become property of CONSULTANT upon receipt at
CONSULTANT's Disposal Site pursuant to this Agreement.
2.6 COMPENSATION, INVOICING, AN PAYMENT
A. Measurernent. and Payment
I. For and in consideration of the t)io*,,,olids management Services performed by
CONSULTANT as described in this Agreernept, CONSULTANT shall invoioe
the CITY and the CITY shall compensate CONSULTANT pursuant to Section
2.6.A.2, except as noted in Sections 2.0 C "Liquidated Damages and Non-
performance", atid 2,7 "AdJustinclit to Conipensatiou",and as othetivise agreed
to in writing by both parties. CONSULTANT agrees fliat the compensation
specif, c -d herein iticludes all of its overhead, capital costs, permit fees, reporting
fees, verification and training fees.. and represents all costs to manage biosolids
including but not limited to furnishing all latter, equipment, materials, vehicles,
fees, maintenance, insurance, testin& permitting, monitoring, and reporting is
described herein. No other expenses or costs associated with the Services may
be invoiced to CITY.
1310SOJ�ill ,$,,VANAOE�N4E-NTSCOI"[-'DF 5111MUS
50
2. CONSULTANT's costs to CITY for management of CITY's biosolids shall be
based upon the actual quantity of biosolids managed during the billing period for
each process or method on a inlit cost basis of dollars per wet ton ($/WT). The
unit cost(s) per wet Lon for each process or method shall be as shown in the
schedule set forth in Attachment A- I ineltided bereto and incorporated herein.
3. Mleasinnient and payment for shall be on a wet weight basis per standard ton
(2,000lbs.)Ofbiosolids j)i-mi,igecl.. Wet weight shall mcantlicas-isweight of the
dewatered biosolids,
4. CONSULTANT shall be compensated for managetlielit of Unckissified
wastewater solids at the rate for Class A biosolids.
5. Regardless of dio Agreement, basis total wet tons, CONSULTAW shall manage
thearnoitnt of biosolids as required by CITY unless directed otherwise by CITY.
All payments sliall be ror the actoal wet tons managed, whether the total be
greater or less, than the Agreement basis total wet tons amount.
B. CONSULTANT shall submit invoices for payment monthly that shall include all
invoieesumina ' ry, a m
load sumary tial` 111 biosolids managed, Cei ' lified Receipts, and
,any other information required to substantiate invoices, CITY IAI process the
approved invoice after satisfactory review of the payment request and supporting
doennients.
C, Liquidated Damages and Non-performance
1. CITY and CONSULTANT find that as of the time of the execution of this
Agreement, it is impractical, if not impossible, to reasonably ascertain tlic extent
of damages which shall be incurred by CITY as a result of a, breach by
CONSULTANT of its obligations under this Agreement. The factors relating to
the impracticality of -ascertaining damages include, but are not limited to, the fact
that:
a. Substantial damage nlay result to CITY from impaieni lit t 0 its
e
wastewater program due to tion-conforniing Services.
b. Substitute performance for noD-contbmiing Agreement Services may
be available at substantially higher cost than the Agreement SetTices
and the: monetary loss resulting from delay in ob ainh g substitute
Services is impossible to calculate in precise monetary terms.
c. The teriiiination of this Agreement for such breaches, and other
remedies may, at best, be a means of ffittife correction and not
necessarily a retnecly that makes CITYs�ohole for past breaches.
CITY .and CONSULTANT recognize that if CONSUUFANT fails, to perfiorm
the Services a-, yequi,red, Cl'rY will suffer damages and that it. is, and will be,
unpractical and extremely difficull to ascertain and deteralino the exact nillount
of damages which CITY vvitl suffer. Thororbre, without prejudice to CITY's
right to treat such pon-performance as ail event of default, CITY and
CONSULTANT agree hi accordance with California Government Code Section
53069.85 that the liqtiidated damage amounts slioAqi in Attachment A-2
represent A reasonable estimate of the anioLint of such damages considering all
B10SOLIDS MANAGEMINTSCOPE OF SL RWI-TS
51
of the oirctimstances existing on the effective (late of this Agreement, including
the rank of harm to CITY that reasonably could be anticipated and the,
anticipation that proof of actual dai-nages would be, costly or impraelical.
2, CITY may determine the t)cctiA-r(-,,jlcc of events giving riseto Liquidated Damages
through the observation of its own employees or representatives or investigation
ofcomplaints by regulatory agencies, land owners, or time public.
Liquidated Damages will typically be deducted froill CONSULTANT invoices
by the CITY within 30 calendar days of the date the Liquidated Damages are
,assessed,
4. CONSOLTANT agrees to pay (as Liquidated Damages and not as a penalty) the
amounts set forth in the Schedule of Liquidated Damages, include([ as
Attacbment A-2 or this scope of services. Such damages as set forth in the
Schedule of Liquidated Dainages are mile.5tones for use in assessing the
Liquidated Damages for faitur,c to timely perform certain aspects of the Services.
5, City may assess Liquidated Damages for failure to timely peeforni the Services
in accordance with Attachment A-2, subject to the same annual adjustments, as
are specified in Section 2.7 Adjustment to Compellgatiom
23 ADJUSTMENT TO COMPENSATION
A. The obargus shall he adjusted on July I of each year. No adjustinents shall be made mitil
July 1, 2020. The adjustment to compensation shall be as follows:
The unit costs for hiosolids as set forth in .Attachment A -J shall be incroased or
decreased by the change as measured by change to the U.S. Department of Labor Bureau
of Labor Statistics A] I Urban Consumer Price Index — San Francisco Bay Area (CPI)
for the annual percent change based on data for the i1nonth of June for the preceding
calendar year. The unit costs shall be aqjusted by the. CPI change during that period
except that the adjustment in any one-year shall not exceed five (5) porcent during that
period, Tho adjusted rate shall be rounded to the nearest $.05.
B. The average monthly quantities and schedule of production of biosolids to be managed
that are given in this Scope of Services are approximate only, being given as a basis for
the comparison of costs. The actual average monthly quantities may vary frorn the
quanti . ty provided herein. No adjustments to the compensation provided in the
Agreement shall be made therefore except as noted in this Scope ofSmices.
END OF
SCOPE OF SF.RVICFS
1
13 B10SOLIDS MANAGEMENT SCOPE OFSE"IMCES
52
ATTACHMENTA-1
SCOPE OF SERVICE.8
FOR THE MANAGEMENT OF BIOSOLIDS
FROM THE
ELLIS Cl2-B]13K WATER RECYCLING FACILITY
SERVICES COSTSCHEDULE
For the rull Performance of Sol -vices set forth in the Scope of Services as described herein, CITY
shall compensate CONSULTANT using TI)e follo'"'Ing unit casts. No other oxpew5cs or costs
associated with the Services may be invoiced to the City, except as doted in Sections 2.6,
"Compensation, Invoicing, And Payment" and 2.7 "Actiustmont to Compensatioll", and as
otherwise agreed to in writing by both parties:
Page I of I
Procesifflethod Unit Cast $/Wet Ton
Class A $98.25
Land Application $38.54
Other $50.00
ATTACHMIFNT,A-1 SLRVICESCOST' SCIIEDULF
53
ATTACHMENT A-2
SCHUDLUX, FOR LIQUIDATED DAMAGES
Consul(ant niay ho assessed Liquidated Damages if Consultant fails to timely perform Services
listed in this Attachment in accordance with the (emas and conditions of (lie Agreement,
No,
1.
Description
Failure to Majolain Contintioug Reliable Smice, For failure to
provide eqnipment or personnel required to provide continuous reliable
it.
Notification of Spill: Failure to notify CITY or other authority(s)
Amount
WO/ Day
3
$1000/
havingjUrisdiction. within the first two hours after the occurrence that a
Bach Hour
reportable necident or spill has occurred involving performance of the
Delay
Set -vices provided to CITY -toider this Ageemorit.
Notification of Regulatory Violation: Failure of CONSULTANTto
$500/ Day
report to the CITY any violation of Boderal, state, or lo -cat laws, or
Delay in
regulatory requirement associated with tie hauling and rettse or
Notification
disposal of biosolids or the Services identified in (lie Agreement.
In placing Designee's signature and date at the place provided, each party specifically confirms
the accuracy of the statenactits made above and the fact that each party has had pillple
Opportunity to consult with legal counsel and obtain an explanation of liquidated damage
provisions of the time that the Agreement awns made.
Coosultzha, (Cii
City
Date
Date:
Page 1 or I AriACHMFWA-2 SCillil)t]LCOIC LlQtJIDATPr) I)A,,'vlA(3Es 54
ATTACHMENT A-3
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ATTACHMENT A-4
ELLIS CREEK WATER RECYCLING FACILITY LOCA'flON MAP
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