HomeMy WebLinkAboutStaff Report 3.A 01/06/2020DATE:
TO:
FROM:
Agenda Item #3.A
January 6, 2020
Honorable Mayor and Members of the City Council through City Manager
Lisa Cameli, Associate Engineer, Public Works and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Amended Engineering and Design Services for the Tertiary
Process Upgrades at Ellis Creek Water Recycling Facility
RECOMMENDATION
It is recommended that City Council adopt the attached Resolution Authorizing the City
Manager to Execute a Professional Services Agreement for Amended Engineering and Design
Services for the Tertiary Process Upgrades at Ellis Creek Water Recycling Facility.
BACKGROUND
To meet growing demands for recycled water treated to tertiary standards, Ellis Creek Water
Recycling Facility (ECWRF) requires upgrades to its filtration and ultraviolet (UV) disinfection
processes. Treatment to tertiary standards allows recycled water to be utilized for unrestricted
use, including irrigation for rural and urban applications. Demand for recycled water is expected
to grow as additional distribution lines are constructed within the City and adjacent agricultural
properties. Attachment 2 provides a Project Location Map.
ECWRF has been in operation since early 2009. The facility was designed to process up to 6.7
million gallons per day (MGD) of dry -weather flow and 35 MGD during wet -weather events.
Currently, it processes an average dry -weather, daily flow of 5 MGD. In the 1970s the City
began distributing recycled water to agricultural customers, an arrangement that benefits both the
City and the end-users. This program has expanded over the decades and in 2018 the City
recycled 581 million gallons (1,783 acre-feet) of water. This represents 31% of the total
wastewater treated in 2018. Recycled water was used for irrigating over 1,500 acres within the
service area and was distributed at parks, schools, open space, agricultural land, and ECWRF.
Recycled water is an essential component of the City's water resource strategy, to both meet wet
weather discharge prohibitions for treated wastewater effluent and to offset potable water
demands for urban irrigation. The end-user demand for recycled water continues to grow with
additional agricultural uses along Old Adobe Road and Lakeville Highway, and planned urban
recycled water expansion. To meet these growing demands, the City needs to expand tertiary
treatment facilities to increase production. To offset the costs of expansion, the City has been
actively pursuing Federal and State grants for recycled water projects. To that purpose, the City
joined the North Bay Water Reuse Authority (NBWRA) in June 2011. Through NBWRA and
independently, the City has submitted requests for federal grant funding to the US Bureau of
Reclamation (USBR) and for state grant funding through the Bay Area Integrated Regional
Water Monitoring (IRWM) program and the Recycled Water Proposition 1 funding from the
State Water Resources Control Board. In early 2015, the City's appeared to have a high
likelihood of receiving a Proposition 1 grant.
Funding priority is given to projects that are "ready to proceed." To demonstrate readiness, in
July 2015 the City executed a Professional Services Agreement (PSA) for engineering services
with Carollo Engineers for a not -to -exceed amount of $576,110 to complete design of tertiary
treatment improvements. Carollo has in depth knowledge of the facility because they were the
lead consultant for the original design of ECWRF and have provided design and support for
other facility upgrades.
In November 2015, the City was selected for a Proposition 1 grant, but only for the urban
pipeline near Sonoma Mountain Parkway. Funding for the tertiary expansion was not awarded at
that time. Carollo was directed to delay design work on the project. The project was restarted in
August 2017 when a grant from USBR seemed imminent. By March 2018, Carollo completed
the Basis of Design Document and a 50% design plan set for City review. Additionally, Carollo
was asked to evaluate recent technologies and operations and maintenance improvements to the
facility. This led to the need for changes in the original scope and re-evaluation of the budget
which are outlined in the Discussion section below. It was then learned that the USBR grant
application was unsuccessful and the City, again, delayed final design while seeking grant
funding.
In September 2019, the project was restarted when the City was awarded a $3.6M grant via
NBWRA from the Department of Water Resources through the Bay Area IRWM program. The
IRWM grant funding amount is higher than other funds previously sought, offsetting additional
costs incurred due to delays since 2015.
This project meets the following City's Goals:
Workplan item #53 — "Continue to expand recycled water services to support local
agriculture and groundwater and surface water resources."
Workplan Item #70 — "Continue focus on water conservation and urban recycled water
expansion."
DISCUSSION
On December 31, 2018 the contract for design services with Carollo expired. The purpose of this
resolution is to restart the design work designated under the expired PSA. It also includes
additional elements of work found to be beneficial to project objectives. The Amended PSA
(Attachment 3) provides the current body of work to complete the design. The Original 2015
PSA (Attachment 4) is included for reference.
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During the period between June 2015 and June 2019, Carollo assisted with planning and design
and approximately $298,000 of the original contract amount was used. Additionally, during the
initial design phase, several improved technologies were evaluated and were deterinined to be a
significant benefit to the overall project objectives. With this information the City requested that
Carollo make revisions to their initial PSA scope of work to reflect these improved technologies
as well as improvements to operations and maintenance facilities which support tertiary
processes.
Carollo's revised scope includes the following design elements; installing an additional filtration
system consisting of cloth -media filters, the installation of next -generation UV disinfection
modules within all three channels of the unit, modifications to the UV structure to include repair
of channel walls and installation of a shade canopy, modifications to the existing maintenance
shop, construction of a maintenance storage building, installation of additional tertiary feed
pumps, and replacement or addition of valves and meters associated with the tertiary system.
Additionally, there will be electrical and instrumentation improvements to accommodate system
alterations.
As part of this increase in production the City is required to amend its mandated Title 22
Engineering Report for approval by the California Division of Drinking Water (DDW) and the
Regional Water Board. Carollo's revised scope also includes updates to the technical
components for this report. This work includes preparation of a Bioassay Test Protocol, Bioassay
Testing, and preparation of a report demonstrating the effectiveness of UV disinfection. The
Bioassay Testing is required because the City's existing UV system was permitted before current
UV Guidelines were adopted by DDW.
Upon completion, this project will increase the tertiary treatment capacity from 4.7 MGD to 6.8
MGD, a 45% increase. This yields an increase of 232 million gallons per year to be distributed to
urban and rural customers. This project sets the groundwork for expanding tertiary distributions
as additional supply lines are constructed throughout the area.
In consideration of the multiple delays in the project schedule, changes to project scope, and
work completed for additional technical assessments costs for this project have increased. These
changes require a new PSA be entered into due to changes in both contract price and in contract
term, and the expiration of the previous PSA. This new PSA will have a scope revising the
contract price from $576,110 to $1,240,968, an increase of $664,858. The funds not expended
under the original 2015 PSA will be incorporated into this PSA. Carollo's June 2015
preliminary construction cost estimate prior to scope changes and additions was $7.2M. With the
additional improvements the current construction cost estimate is $8.9M.
The Revised Schedule (Attachment 5) indicates completion of design and contractor selection by
July 2020. The construction is estimated to take up to 10 months. The construction phase is
scheduled to be completed by the April 2021. The DDW-required Bioassay Testing is scheduled
to be completed by August 2021.
It is recommended that Council award this PSA with Carollo Engineers for an increase of
$664,858 with a revised contract expiration date of 12/31/2021.
PUBLIC OUTREACH
The tertiary expansion project is part of the NBWRA Phase 2 program. On April 4, 2018, the
Sonoma County Water Agency as the CEQA Lead Agency for NBWRA, released for public
review the Draft EIR/EIS for NBWRA Phase 2. A 45 -day public review and comment period on
the Draft EIR/EIS was open until May 18, 2018. Four public hearings on the Draft EIR/EIS were
held during the public review period at locations including the City of Petaluma on May 20,
2018. No verbal comments were received during the public hearings.
In January 2013, a Petaluma City Council workshop was held to discuss water issues, including
water supply and recycled water. The presentation outlined plans for expansion of the recycled
water system.
Since 2015, as the City was designing and constructing the Sonoma Mountain Parkway recycled
water pipeline and a pipeline to the Kaiser facility, staff did extensive outreach to schools and
other properties that would be served by the new pipelines. Staff developed a folder of
educational materials and provided to each elementary school to address any questions that
parents, or school staff might have of the safety of recycled water. City staff continues to engage
agricultural users and nearby property owners for future recycled water use.
FINANCIAL IMPACTS
The current FY 19-20 CIP budget for this project is $9.28M. This budget will require adjustment
to account for the additional scope elements which will be reflected in the FY 20-21 budget. A
summary of the CIP budget for the Ellis Creek Tertiary Process Upgrades (C66401416) is
outlined below:
Project Phase FY 19-20 Adopted Project Estimate Revised Project
CIP Budget Estimate
Planning & $ 17,000 $ 178,000
Environmental
Design $ 978,000 $ 1,179,968
Construction $ 4,000,000 $ 8,035,000 $ 8,650,000
Contracts
Construction
$
70,000
$
83,000
$ 350,000
Management
Contingency
$
120,000
$
147,000
$ 200,000
CIP Overhead &
$
10,000
$
22,000
$ 64,000
Administration
TOTAL
$
4,200,000
$
9,282,000
$10,621,968
Funding Sources:
$3.60M NBWRA Grant
$7.02M Wastewater Enterprise
Fund
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ATTACHMENTS
1. Resolution
2. Project Location Map
3. Amended Professional Services Agreement
4. Original 2015 Professional Services Agreement
5. Revised Schedule
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR AMENDED ENGINEERING AND
DESIGN SERVICES FOR THE TERTIARY PROCESS UPGRADES AT ELLIS CREEK
h.1l_1/IiD1.1 19 5[", a 01001IIG19 1614
WHEREAS, the City of Petaluma wishes to upgrade the Ellis Creek Water Recycling
Facility by expanding tertiary treatment facilities ("Project"); and
WHEREAS, this Project requires the services of a qualified professional civil
engineering design fine with experienced in design and construction of complex biological and
chemical systems of wastewater treatment facilities and their components; and
WHEREAS, Carollo Engineers responded to the City's Request for Proposal and was
awarded a Professional Services Agreement in July 2015 under Resolution 2015-087 N.C.S. for
the amount of $576,110; and
WHEREAS, the Project was initiated and delayed on two instances while the City
sought grant funding and in September 2019 the City was awarded $3.6M in grant funding from
the California Department of Water Resources; and
WHEREAS, in the initial design phases Carollo performed analysis that led to
alterations and expansion for project improvements which increase both design and construction
costs; and
WHEREAS, the City has amended elements of work from the initial July 2015 PSA to
reflect advanced technologies and operations and maintenance improvements to support the
Project; and
WHEREAS, it is recommended that the City execute a Professional Services Agreement
(PSA) with Carollo Engineers for civil engineering design services in order to continue design
and construction plans, specifications, provide construction support and complete bioassay
testing for the Tertiary Process Upgrades at the Ellis Creek Water Recycling Facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to sign a PSA for civil engineering design services
with Carollo Engineers for Tertiary Process Upgrades at the Ellis Creek Water Recycling
Facility in an amount not to exceed $1,240,968.
ELLIS CREEK WATER RECYCLING FACILITY
TERTIARY PROCESS UPGRADES
[ X0141,11, I I M 01 a &I
".76
PROJECT SITE
Date :December 16, 2019
PROJECT SITE
ii
City of Petaluma
Public Works and Utilities
Department
VA
Attachment 3
PROFESSIONAL SERVICES AGRIEEMEIIT
Ellis Creek Water Recvcling Facilitv Tertiary Process UpgLades
(Title of Project)
FY - Fund # - Cost Center . Object Code _ Project # - Amount
For multi-year contracts or contracts with multiple accounts: i
FY &jL-Q1Wi It FY I K 19 Fund # 6609 Cost Center §9J9 Object Code J41 -W Project # Ak4QL4J± Amount $22LSMI
FY L229 Fund # b -6 2
�ffl Cost D§2_99 O�jcclCode ��4_110 Projvctg��� Amount 1,2772
FY229LLI Fund #bM Cost Center� �99) ObjectCode 5AM Project it' � JAI 6 An10untL_7LL8_L3
FY Fund 4 Cost Center - Object Code - Project It _ Amount $_
FY Fundl, Cost Center - Object Code - Project ft _ Amount S_
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
20_ ("Effective Dateby and between the City of Petaluma, a
(city use only)
municipal corporation and a charter city ("City") and Carollo EngjLieers, a Delaware Corporation
("Contractor") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Contractor providin$
fprofessional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
Services. Contractor shall provide the services as described in and in accordance wilm
the schedule set forth in Exhibit "A" attached hereto and incorporated here
("Services"). I
2. 1Cpmpens ation; , Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Contractor in accordance with the rates specified in Exhibit A.
B. Contractor shall submit detailed monthly invoices reflecting all services
performed during the preceding month and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Contractor shall be compensated for services in addition to those described in
Exhibit A, only if Contractor and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $L.240.968. without prior written authorization of
the City Manager, Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D, Notwithstanding any provision herein, Contractor shall not be paid any
compensation until such time as Contractor has on file with the City Finance
Department a current W-9 form available from the IRS website (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate.
.. a
E. City's obligation to pay compensation to Contractor as provided herein is
contingent upon Contractor's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3, Term. The term of this Agreement commences on the Etfective Date and terminates on
172/3 112 1. tint ess sooner terminated in accordance with Section 4, Upon term ination, any
and all of City's docutnents 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) clays
after termination of the Agreement.
4. Termination. City may tenninate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause,
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Contractor or Contractor's bankruptcy 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
Agreement by City, Contractor shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Contractor shall be liable to City for any excess cost City
incurs for completion of the Services.
f, Contractor'l-9.4�,-prescittation,-. Ndenendent Contractor. 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 Agre-
! •
ontractor 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 an independent capacity and as an independent
contractor and not as officers, employees or agents of City. 'this Agreement shall not be
construed as an agreement for employment.
6. Facilities and,Equit)tnent. Contractor shall, at its sole cost and expense, famish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall famish to Contractor no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Perinits, Etc. Contractor shall, at. Contractor's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
PO
w, Time. Contractor shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Contractor's obligations pursuant to
this Agreement,
9. tust)ection. Contractor shall provide the City every reasonable opportunity to ascertain
Thatt'he S'er'vices are being performed in accordance'witli the requirements and intentions
of this Agreement. All work done, and materials famished, if any, shall be subject to
2
0
inspection and approval by the City. The inspection of such work shall not relieve
Contractor of any of its obligations pursuant to this Agreement.
10. Progrels, , Rep�Lrts. Upon the City's request, Contractor shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Contractor's
performance of the Services.
11, Confidentia,litv. In the course of Contractor's employment, Contractor may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Contractor shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. CP,nflict of tuterest. Contractor represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Contractor further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Contractor represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Contractor will immediately advise City and City may, at its
sole 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 those whose work may involve:
making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Contractor agrees to comply
fully with all such requirements to the extent they apply to Contractor's performance of
the Services.
f. 3. Contractor No Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
(4Standard of Performance. Contractor shall perform all the Services in a manner
consistent with the standards of Contractor's profession. All instruments of service of
whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Contractor's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
3
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 10
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
IT LgLippliance With. All Laws. Contractor shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Contractor's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other governinent
agency or entity provides compensation for any Services, Contractor shall comply with
all rules and regulations applicable to such fiscal assistance.
18. k-_iving. Waee Ordinance. Without limiting the foregoing Section 17, Contractor shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Contractor shall promptly provide to the City documents
and information verifying Contractor's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for
all purposes, and Contractors that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
,the requirements of the Living Wage Ordinance. Contractor's noncompliance with the
applicable requirements of the Living Wagc Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof
19. Discrimination. During the perfannance of this Agreement, Contractor shall noi
117-
SCriminate against any employee or applicant for employment because of race, religion,
creed, color, national originancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
P- 0. Notice . Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to t
sender's account, in which case notice is effective on delivery if delivery
confirmed by the delivery service; or I
M
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Jason Beatty. P.E., Deputy Director
Devartinent of Public Works & Utilities
202 N. McDowell,Btvd,
Petaluma. CA 94954
Phone: (707) 778-451
Fax: X707 206-6034
Email: JBc (&,cityo
_ atty f . _petaturn o
Contractor: Lydia Holmes, P.E., Principal -in -Charge
C arollo Enaincers
2795 Mitchell Drive
Walnut Creek, CA 194598,
Phone: 1932-1710
Fax: 19251930-0208.
Email: Ll-lolmcs(o.carollo.com
21. Ownershio of Documents. All original papers, documents or computer material on dis,11
or microfilm, and copies thereof, produced as a result of this Agreement, shall be th'i
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 written
consent of the City Manager or his or her designated representative.
22. Indemnification. To the maximum extent permitted by law, Contractor shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Contractor's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 12
Me Contractor's obligation to indemnity, (letenct and7 loarmte-s-s-umer
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 may not be
liable. The Contractor must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Contractor fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the 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 the matter subject to tender, or
until the Contractor accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Contractor prior to Contractor's
acceptance of tender, Contractor agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Contractor waives any and all rights to express or implied indemnity against the
Indemnitees 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 indemnification obligations of this Agreement shall no way
be limited by, the insurance obligations that apply to this Agreement pursuant to Section
23.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Contractor's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
�indemnif-,�11 o�nhibe to the maximum extent permitted b3o
California Civil Code Section 2782.8.
23. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors"
in Exhibit B, attached hereto and incorporated herein by reference.
City reserves the right to review any and all of the required insurance policies and/or
endorsements, but has no obligation to do so. City's failure to demand evidence of full
reguire
g• fort
fte. i-tsurl- cement or City's failure e jit♦h in this A 91 -rJ4T--@rC7C4Yf3 XEVVI IT
to taentily any insuranuc VEWMETTj Man not rMTOTT-C-41TILTENT !UfFiff,
deemed a waiver of, its obligation to maintain the required insurance at all times during
the performance of this Agreement.
24, Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
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25. Litigation, If litigation ensues which pertains to the subject matter of Contractor's
services hereunder, Contractor, upon request from City, agrees to testify therein at ?-
reasonable and customary fee.
26. Constru " et '
oion. This Agreement is the product of negotiation and compromise on the part
f both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
27. Governin�LLaw, Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severability '. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third-Partv Bencriciaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Contractor's Books and Records.
A. Contractor shall maintain any and all ledgers, books of accounts, invoice
vouchers, canceled checks, and other records or documents evidencing or relati
to charges for services, or expenditures and disbursements charged to the City f
a minimum period of three (3) years or for any longer period required by lal
from the date of final payment to Contractor pursuant to this Agreement.
B. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Contractor's address indicated for receipt of
notices in this Agreement.
91
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 14
D. 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,
City may, by written request by any of the above-named officers, require that
custody of the records be given to the City and that the records and documents be
maintained in Petaluma City Hall. Access to such records and documents shall be
granted to any party authorized by Contractor, Contractor's representatives, or
Contractor's successor in interest.
33. Headin2s ' . The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Contractor
shall survive the termination or expiration of this Agreement.
35. Entire Aereement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PET UA CONTRACTOR
B
City Manager Ntulle kA -A
ATTEST:
L
Title
2795 Mitchell Drive
City Clerk Address
APPROVED AS TO FORM: Walnut Creek, CA 94598
City State Zip
86-08999222
City Attorney Taxpayer I.D. Number
L-0803986
file name:
8
PROFESSIONAL SERVICES AGREEMENT
Sept 2018 15
ELLIS CREEK WATER RECYCLING FACILITY UPGRADE PROJECT
PROCESSTERTIARY r
AMENDED SCOPE OF •
CITY OF PETALUMA
AND
CAROLLO ENGINEERS, IN
PROJECT
The City of Petaluma (City) commissioned the new Ellis Creek Water Recycling Facility (WRF) in 2009.
Since the plant was put into operation, the City Public Works staff has recognized that several factors
have changed since the original plant design criterion was established. This includes:
• Higher than expected organics loading, that exceeds the liquid and solids process capacity.
• High strength waste (HSW) from local agricultural -related businesses might be more
economically treated locally at the WRF.
• The solids process equipment lacks redundancy, which makes the higher loadings more
problematic for plant operation and maintenance.
• The need for tertiary recycled water has increased due to the current drought and other factors,
such as serving agricultural users with tertiary treated water.
Based on these factors and limitations, the City has already undertaken assessments of the liquid and
solids processes at the WRF and envisioned three phases of improvements at the WRF. This scope
outlines the details of the Tertiary Process Upgrade project, with Amendments requested by the City. Two
additional phases will address solids and high strength waste handling facilities upgrades and are
addressed in a separate scope of work.
The Amended Tertiary Process Upgrades project elements include:
1. Addition of two cloth media disk filter units, with connection to the existing filter influent feed
channel.
2. Addition of Suez (Ozonia) UV disinfection equipment (40 HO Gen 2) for the third channel of
the existing UV system, and replacement of the UV modules in the existing two channels with
upgraded modules (40HO Gent) to match the new third channel units. Addition of two tertiary
feed pumps to the existing filter feed pump station, modification to flow meter and header
piping, and addition of flushing connections.
3. Additional improvements to existing facilities including:
a. Existing filter facility modifications:
i. Slope floor within flocculation basins,
ii. Replace existing pumps with higher capacity sump pumps,
iii. Modify FRW meter and bypass piping.
b. Existing UV facility modifications:
i. Add canopy shade structure,
ii. Add second acid dip tank for UV modules,
iii. Replace buried UV Channel drain valves,
iv. Add channel coating,
v. Upsize existing tertiary effluent flow meter.
vi. Influent channel/box: Replace the 6 -inch outlet diffuser pipe with 8 -inch outlet
diffuser pipe,
vii. Influent channel/box: Add grout to slope interior of box to a recessed sump
where debris can be collected and pumped out using a plant supplied pump,
viii. Addition of power monitoring for the UV power feeder,
ix. Addition of a UV module rack or support system to be used when modules
(up to 10 modules) are to be removed for channel cleaning,
x. Channel drain modifications including drain line inlet cover replacement with
fabricated strainer,
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=:1:11:11119-11
xi. Addition of manual transfer switch and generator tap box for MCC -9.
c. Filter Support Building: Air compressor room HVAC upgrades to reduce heat during
warm weather.
Two additional improvements will be completed as separate tasks for purposes of tracking costs and
hudget:
1. Addition of a new, unoccupied, parts and equipment storage building adjacent to the existing
maintenance shop. Design will be based on a stand-alone metal building, with separate
electrical feed, panels, lightinq, and ventilation facilities.
2. Existing Maintenance Building:
a. Minor repurposing of maintenance building floor space including relocation of parts,
equipment and oil storage to new storage building,
b. Addition of 480 -volt feeder, and receptacles for equipment (pump) testing in both the
new storage and existing maintenance buildings.
The City may elect to bid a number of these elements as bid alternates and the selected alternates will be
incorporated into the bid documents as needed.
111 =1 CA 14'.. 4 r; ' • • ;'
The following scope of services was prepared based on our understanding of the RFP, site visits, review
of available information, and discussions with City staff. It includes the scope of work for design through
bidding and Engineering Services During Construction. It is anticipated that Construction Management
will be provided by the City.
The purpose of Task 1 will be to identify any additional information required for design, and any data
gaps. Additionally, this first task is critical to setting the design criteria and reliability/redundancy criteria
for the project and the facility.
A kickoff meeting will be conducted with City management, operations and maintenance, laboratory and
other key staff to review the scope of the design project, project elements, and obtain background
information from the City.
This will include:
• AutoCAD design files and drawings for the WRF, including updates by the City during
construction to record the as -built conditions. Specification for existing equipment and facilities
will also be provided.
• Design criteria for the additional components and process units.
• Influent flow projections.
• Level of service requirements.
• Recent assessments of tertiary process and tertiary water production records.
• UV system data including UVT, any reported disinfection violations, and overall system operation
records.
The information listed above will be provided by the City and reviewed based. on the work completed
since the plant was commissioned. The City shall furnish the Engineer all available studies, reports and
other data pertinent to Engineer's services; obtain or authorize the Engineer to obtain additional reports
and data as required; furnish Consultant services of others required in the performance of Engineer's
services, and the Engineer shall be entitled to use and rely upon such information and services provided
by the City or others in performing Engineer's services under this scope. The information will be used to
prepare materials for the Basis of Design workshop included in the subsequent tasks.
One feature of the listed improvements will be evaluated in additional detail prior to the Basis of Design
Workshop. The addition of filters or strainer to the pond pump station discharge to the filter inlet will be
reviewed and options will be presented prior to the Basis of Design workshop.
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The background review was started inSeptember 2015. |twas put unhold after 3months, inNovember
2O15due Vnfunding concerns. The project was restarted inAugust 2O17.and the background review
was completed inSeptember 2O17.
The Background Review oubtaskoinclude:
Task 1.1 - Kickoff Meeting
Task 1.2 - Collect and Review Existing Data and Information
Task 1.3 - Data Gap Identification and Meeting Notes
Task 1.0 -Pond pump station screen mrfilter/strainer evaluation
Task 1.5 -Restart Design Kickoff Workshop
Deliverable:
Kick-off meeting notes, pond pump screen or filter evaluation findings, and Basis of Design workshop
materials.
TASK 2 - BASIS OF DESIGN
The purpose nfTask 2will beaconfirmation of the Basis ofDesign. Using the information provided bythe
City, our knowledge of the original design, and City staff experience in the operation of the existing
facility, the Basis of Design for the Tertiary Process Additions will be set. This will be accomplished in a
one'dayworkohop in the City of Petaluma. During the Basis of Design vvorkshop, the following will be
considered:
=
Process design criteria and sizing.
°
Process layout.
"
Technology selection where required, such as UV equipment, and/or filters.
�
Level ufautomation and controls.
�
Integration with existing tertiary process.
°
Utility requirements.
�
Safety considerations.
"
Construction phasing, sequence, and constraints.
°
Additional information requirements.
�
Environmental orpermitting support needs (provided byntho,u).
°
Geotechnical information review (provided by others).
Engineer will conduct aworkshop inorder todefine and finalize the scope and cost offinal design
elements. The findings and recommendations for pond pump screening and filter evaluation will also be
reviewed during the workshop. The goal of the workshop is to complete the preliminary design process in
on accelerated manner and allows the City to participate in real-time decision-making.
After the workshop, Engineer will prepare an updated construction cost estimate for the proposed
facilities, and meeting notes todocument the decisions made inthe workshop. These will bnsubmitted to
the City for review and confirmation. The City's review comments will finalize the Basis of Design and
provide aNTP for final design. VVeanticipate that this approach will move the project from kickoff tothe
start of final design in less than two months as shown on the project schedule, Exhibit C.
The Basis of Design task was started in September 2017 and was completed in November 2017. The
following additional scope items were also included in the BOD evaluations:
1. Replacement of the existing UVmodules with upgraded modules (4OHOGen2)0mmatch new
third channel (4UH(]Gen 2)units,
2. Existing RYVstorage basin: line basin floor for maintenance purposes.
3. Existing filter facility: Higher capacity sump pumps,
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4. Existing UVfacility modifications: Canopy shade structure addition.
An updated Basis of Design will be prepared for the updated scope of improvements, in the form of a
Power Point presentation, based on the kick-off meeting presentation in 2019.
The Basis ofDesign Subtaskoincludes the following:
Task 2.1 - Basis mf Design Workshop
Task 2.2 - Basis ofDesign Cost Estimate
Task 2.3 - Basis uKDesign Workshop Summary
Deliverable:
Draft workshop meeting notes, including decision log, layout and design sketches, design criteria,
technology selection justification, updated schedule and work constraints, and preliminary construction
onxt estimate.
Assumptions:
w The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction ofthis project.
w The City will be responsible for updates to any required geotechnical information.
• The City will be responsible for any required survey work to confirm as -built elevations
and locations.
w The City will be responsible for any trench or potholing recommended for identification of
buried utilities.
Engineer will prepare biddable construction documents (drawings andspecifications) for the major project
elements based on the key findings and recommendations of the accepted Basis of Design in Task 2.
Construction documents will beprepared incompliance with current codes adopted bythe City and
applicable local governing agencies at the commencement of the design.
Drawings will beprepared unecomputer-aided design drafting (CAD) system using Engineer's CAD
drafting standards. Construction drawings will include general, demolition, civil, structural, process,
mechanical, HVAC, e|eothna|, and instrumentation disciplines. Electrical and instrumentation design will
be coordinated with the City's chosen third -party vendor for SCADA system integration and programming.
Specifications will boprepared using the City's front-end contract documents and Engineer's technical
specifications. Front-end contract documents will include general bidding requirements, general
conditions, and special conditions. Technical specifications will be prepared using Engineer's standard
CSI format for Divisions 2 through 17, to match the other projects completed for the City.
During the final design period, Engineer will prepare and submit three progress submittals tothe City for
review and comment. The first submittal will be the 50 percent design submittal, which will include as a
minimum the following preliminary information: process flow diagrams, process and instrumentation
diagrome, control descriptions formnjnreq//ipment' en\eoted oitp plans, major process equipment layouts
and sections, major process piping, location and dimensions of major structures, electrical single -line
diagrams, major mechanical equipment specifications, and a construction cost estimate. A 50 percent
design submittal review workshop will be held to discuss comments on the 50 percent submittal.
The second submittal will bethe A0percent design submittal, which will bea completed set (dcontract
documents that will also be submitted concurrently to Engineer's in-house technical checking team for
detailed review. The 90 percent design submittal will have also incorporated applicable comments from
the 50 percent design review and other comments received from the City between the 50 and 90 percent
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4X:1�1
design. A 90 percent design submittal review workshop will be held to discuss comments on the 90
percent submittal.
Applicable review comments from the City and Engineer's in-house technical checking team at the 90
percent design stage will be incorporated into the 100 percent design submittal, which will be signed and
sealed by registered professional engineers in California. Changes following the 100 percent design
submittal will be made by addenda to the bid set of construction documents.
Engineer will prepare construction cost estimates at the 50 percent, 90 percent, and bid set design
submittal stages. Estimates will be prepared based on available quantity takeoffs, estimating guides,
equipment manufacturers' quotes, and the construction cost of similar facilities. Contingencies or
escalating factors for general estimating, general conditions, contractor overhead and profit, escalation to
mid -point of construction, and annual cost escalation will be included in the construction cost estimates.
Estimates will be prepared to a level of accuracy consistent with the standards of the American
Association of Cost Engineers.
The 50% design was started in October 2017 and the 50% submittal was submitted in March 2018. The
City then delayed the final design while pursuing grant funding. Subsequently the Filter Evaluation Task 8
was completed. Preliminary comments on the 50% design were received, and the project was restarted in
September 2019 based on this Amended design scope.
Final Design Subtasks include the following:
Task 3.1A - 50 Percent Plans and Specification Submittal
Task 3.2A - 50 Percent Cost Estimate
Task 33A - SO Percent Submittal Workshop
Task 3.1B - Revised 50 Percent Plans and Specification Submittal
Task 3.2B - Revised SO Percent Cost Estimate
Task 33B - Revised 50 Percent Submittal Review Workshop
Task 3.4 - 90 Percent Plans and Specification Submittal
Task 3.5 - 90 Percent Cost Estimate
Task 3.6 - 90 Percent Workshop
Task 3.7 - Bid Set Plans and Specification Submittal
Task 3.8 - Restart Vendor Workshops
Task 3.9 -Sole Source Vendor Price Negotiation Assistance
Deliverables:
* 50 percent design submittal including half-size drawings and specifications (five hard
copies and electronic copy (PDF))
* 90 percent design submittal including half-size drawings and specifications (five hard
copies and electronic copy (PDF))
® 100 percent design, Bid set submittal including signed and sealed drawings and
specifications (one electronic PDF copy ready for printing)
® Construction cost estimates (approximately one week after each design submittal)
* Workshops meeting notes
• CAD drawings for the final Bid Set submittal.
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Assumptions.
• The City will provide front-end contract documents inelectronic format 0oEngineer for
review o1least three weeks before the 5Opercent design submittal date
• The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction ofthis project
• The City will perform printing of bid documents based on the Bid Set design submittal
Engineer will attend one pre-bid meeting with City staff and prospective bidders. City staff will conductthe
pre-bid meeting and Engineer will provide as -requested presentation materials to the City for the meeting.
Engineer will respond to bidder questions during the bid period and provide written responses to valid
bidder questions. Engineer will prepare addenda to clarify and change bid documents as required during
the bid period.
The Bid Period Services oubtamheinclude:
Tesk 4.2 -Addenda Preparation
Task 4L3 -Bid Evaluation
r#77-117M.p
Presentation materials for pre-bid meeting.
Written responses hoapplicable bidder questions.
Addenda.
The bid period will befor aduration ofuptosix weeks.
The City will advertise, print, sell, and distribute bid documents and addenda.
Labor hours assumed for responding to bidder questions and preparing addenda will not
be exceeded without written authorization from the City.
TASK 5 -ENVIRONMENTAL AND PERMIT SUPPORT
Engineer will coordinate with City's permitting consultant who will perform environmental permitting
assessment and support CEQA permitting strategies. Preliminary design documents will be provided in
electronic format for use inCE(JAand other permitting documents.
The Environmental and Permit Support aubtaokawill include:
Task 5.8 - Support during Environmental and Permit Process
Deliverable:
Draft project description, layout and design sketches, schedule and work constraints, and other limited
materials for permits completed by others.
Assumptions:
�
The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction ufthis project.
Task 5.2 -Engineering Report Update
Engineer will prepare an update to the original Engineer's Report, Water Reuse Program Technical
Report, dated September 2O05. The following sections will beprepared:
• Section 2.4 Raw Wastewater
• Section 2.5 Treatment Process
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* Section 2'6 Plant Reliability Features
• Section 2.AContingency Plan
• Appendix PDetailed Design Criteria and additional Plan Schematics
• Appendix OUVEquipment Validation Report and Sizing Methodology
Engineer will prepare odraft and final version for the City hnuse inupdating the overall Engineers Report,
Water Reuse Program Technical Report. The City will beresponsible for submitting the report. Engineer
will address any comments from Agency review including preparation of comment responses and report
updates tuthese sections.
Task 5.3 -Bioassay Test Protocol
Engineer will prepare a draft checkpoint bioassay testing protocol per the 2012 MVVR| UV Guidelines. The
protocol will detail the number and type of testing to occur and review the dosing and sampling locations.
The draft protocol will be submitted to the City for review. Engineer will prepare afina| protocol
incorporating City comments. The test protocol will be presented tVthe California Division of Drinking
Water (DDVV)inadvance oftesting for review and approval.
Task 5,4 -Bioassay Testing and Report
Engineer will perform checkpoint bioassay testing per the DDW approved testprotocol and will include a
range of flow, water quality, and power tests. The direct costs of materials (e.g., Aquahume, MS2
solution, MS2 samples, and Collimated Beam tests) have been estimated based onthe current
understanding of the project. Caru||n will specify and coordinate with the UV manufacturer to provide o
technician toassist inoperation of the system, and measure power levels during the testing. |thas been
assumed that testing will occur in two phases, with each phase taking two to three days. Travel time and
expenses for two people for each testing phase, test preparation, and mobilization are included. The
budget does not include time, nna1erie|m' and lab costs for any re -work nrre-plating of samples. The City
will be responsible for maintaining steady flow during the testing and cleaning the quartz sleeves and
sensor windows prior to the testing. All lamps must be run for 100 hours prior to the testing.
For each testing phase the Engineer will analyze checkpoint bioassay testing data and prepare a draft
checkpoint bioassay testing results report for submittal Vnthe City. The final checkpoint bioassay testing
results report that incorporates City comments will be submitted to DDW and the San Francisco Bay
Regional Water Quality Control Board (RVVC]CB) for review. Note that separate reports for each phase
will be submitted for regulatory review. Time has been included for email/phone correspondence with the
RVV{JCBond ODVV. |fcomments are received, the report will be updated.
The City intends to complete construction using in-house or third -party construction manager (CM), and
inspectors. Engineer will provide office support for CM including the following Engineering Services
During Construction tasks listed below.
Engineer will attend the pre -construction conference convened by the City and its CM Construction
managers. Attending this conference will beEngineer's Project Manager, Project Engineer, Construction
manager, and City Project Manager.
Engineer will respond to formal RFIs issued by the City's Construction manager. Routine RFIs that do not
relate k)design intent are assumed to be handled by the City's Construction manager. All RFls sent to
Engineer will be logged, documented, and communicated to Engineer using a standard written format.
The budgeted amount of labor is based on an average of 4 hours per formal RFI, plus administrative and
clerical time, and 60 RFls and is an estimate only. Actual requirements could vary.
Engineer will provide review and comments for technical submittals required per the contract documents.
Submittals will be logged, checked for completeness, and issued for review by the City's Construction
managar, and all review comments by Engineer will be submitted directly to the City's Construction
manager using a standard written format. In general, incomplete submittals will be immediately rejected.
The budgeted amount of labor is based on an average of 6 hours per submittal and a total of 60
submittals. For budgeting purposes, 25%of the submittals are assumed t/require re -submittal and ioan
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22
estimate only. The budgeted amount of labor is based on an average of 4 hours per re-submittalActual
requirements, including the time required for each submittal review, could vary.
Engineer will review proposed construction change orders involving design intent and provide design
services toimplement the change orders a1the request nfthe City. |tioassumed that proposed change
orders will be issued by the City's Construction manager using a standard written format, and that
Engineer will respond directly to the City's Construction manager. The budgeted amount of labor is based
on an average of 12 hours per construction change order, plus administrative and clerical time, and a
total of 2 TBD change orders and is an estimate only. Actual requirements could vary, including the time
required for each construction change.
Engineer will attend special as -needed construction meetings and site visits at the requestnfthe City and
convened by the City's Construction manager. It is assumed that the City's Construction manager will
prepare agenda and minutes for the meetings and site visits. The budgeted amount of labor is an
estimate only and actual requirements could vary. This scope item assumes 12 as -needed construction
meetings and/or site visits, for two attendees per meeting.
Engineer will assist with startup and testing atthe request of the City and coordinated by the City's
Construction manager. Engineer will provide written summaries and photo -documentation of field
observations as required. Startup and testing assistance could be provided for equipment testing and/or
instrumentation and controls. The budgeted amount nflabor in an estimate only and actual requirements
could Vary. The budgeted amount of labor includes two full days at the project site for the project team
plus office support.
Engineer will assist with project closeout o8the request of the City and coordinated bythe City's
Construction manager. One project manager from Engineer, OK8and City project manager will attend a
punch list walkthrough and supply written summaries and photo -documentation of field observations to
the Construction Manager. The budgeted amount of labor is an estimate only and actual requirements
could vary.
Engineer will incorporate the marked up as -built drawings provided by the City's Construction manager
into the drawings and provide record drawings. Record drawings will not include the engineer's seal nr
signature. Record drawings will be provided to the City in electronic format only (AutoGAD and PDF).
The Engineering Services During Construction oubteekuwill include:
Task 6.1 -Pre -Construction Cmo0mmemue
Task 6.2 - Response tmRFXm
Task 6.3 - Submittal Review
Task 6.4 -Construction Change Assistance
Task 6.5 - Meeting / Site Visits
Task 6.6 - Startup and Testing
Task 6.7 - Project Closeout
Task 6.8 - Record Drawings
Deliverable:
RFI response, submittal review comments, change order review comments, start-up plans, and record
drawings in electronic format.
Assumptions;
Petaluma Terfiary Upgrades CaroHo Scope RESTART 112519 Final-docx
23
• The City will provide experienced in-house or third -party construction management and
inspection for this project.
Engineer will provide project administration and management necessary to perform planning, execution,
monitoring, and reporting of this project. Engineer will prepare a monthly progress letter report for
attachment to the monthly invoice to track and report the status of budget expenditures (earned value
report), the schedule, and key work products completed during that billing period.
Engineer will prepare a project Quality Management Plan identifying the roles and responsibilities,
procedures, and resources necessary to provide quality assurance/quality control (QA/QC) for this
project. The purpose of the QA/QC reviews is to ensure design quality, design consistency, and
conformance with project goals and standards. Engineer will conduct internal reviews using senior staff at
each major submittal: preclesign evaluations, 50 percent design submittal, and 90 percent design
submittal. Updated Quality Management Plan will be developed and submitted to the City with the 50%
design.
The Project Management subtasks include:
Task 7.1- Project Management - Design Phase
Task 7.2 - Quality Assurance/Quality Control Design Review
Task 7.3 - Project Management - ESDC Construction Phase
UJUMATWIM
• Quality Management Plan
• Monthly invoices and progress letter reports.
• Meeting agendas, presentation materials, and meeting notes.
• Decision log.
Assumptions:
• The original project duration for design tasks was estimated at 8 to 9 months. The overall
project duration based on the Amended scope covers a 6 -year span. The Design phase
duration is estimated at 24 months after the project restarts.
• The City will complete review of each deliverable and provide one collated set of written
comments in electronic format to Engineer within two weeks of the submittal date.
• The project duration for construction was originally estimated at approximately 9 months
and will be further defined during design tasks. The overall construction duration based
on the Amended scope is estimated at 12 months.
The following task was requested by the City in October 2018 and completed in June 2019.
Task 8.1 Filter Technology Review
Carollo reviewed filter alternatives identified by City with the manufacturer and local representatives and
obtain general literature, filter product manager contacts, California installation lists, recommendations for
filter additions, and filter equipment pricing for the tertiary Title 22 filter process additions based on the
current project basis of design.
Task 8.2 Filter Alternative Conceptual Design
Carollo developed a conceptual design for the two alternative filter designs not previously considered and
compare them to the current base case design. The conceptual design will include the following:
• Filter design criteria and sizing.
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• Conceptual layout and process flow diagrams.
• Construction cost and O&M cost estimates.
• Additional or revised filter support requirements.
* Alternatives Analysis summary table with results of conceptual design.
w rresentworth cost evaluation summary table.
Task 8.3 Meeting /Review Workshop
CannUnmeet with City staff and presented the findings cfthe conceptual design and alternatives analysis.
The presentation included a PowerPoint slides, conceptual layouts of the alternatives, and draftsummary
tables. Meeting notes were provided.
Deliverables
• Copies of Filter Technology review materials obtained from suppliers (PDF).
m Draft and Final presentation including conceptual design materials, cost estimate, and layouts.
• Final conceptual design materials and meeting notes from the presentation ofthe conceptual
design.
Assumptions
• City will provide filter operation cost data, including polymer use and cost and annualized
replacement part costs.
• City will review and provide comments on presentation materials within 2vveaka of receipt.
TASK 9 - FINAL DESIGN - Storage Building and Maintenance Building
Modifications
Engineer will prepare biddable construction documents (drawings and technicalfor new
storage building and maintenance building modifications. These will be tracked separately for purposes of
the grant funding, and City budget constraints. The documents will be integrated into the overall bid
documents aaabid alternate for selection bythe City, ifbudget ieavailable.
Task 5Final Design Subtashminclude the following:
Task 9.1B -Revised 50 Percent Plans and Spmc00catimm0ubmmittal
3mak 9.2B -Revised 50 Percent Cost Estimate
Task 93B -Revised 50 Percent Submittal Review Workshop
Task 9.4-90Percent Plans and Specification Submittal
Task 9.5-90 Percent Cost Estimate
Task 9.6-90 Percent Workshop
Task 9.7 -Bid Set Plans and Specification Submittal
Deliverables;
p 50 percent design submittal including half-size drawings and specitications (tive hard
copies and electronic copy (PDF))
0 90 percent design submittal including half-size drawings and specifications (five hard
copies and electronic copy (PDF))
0 1OOpercent design, Bid set submittal including signed and sealed drawings and
specifications (one electronic PDF copy ready for printing)
0 Construction cost estimates (approximately one week after each design submittal)
0 Workshops meeting notes
0 CAD drawings for the final Bid Set submittal.
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25
The City will provide front-end contract documents inelectronic format AoEngineer for
review at least three weeks before the 50 percent design submittal date
The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction cfthis project
The City will perform printing of bid documents based on the Bid Set design submittal
TASK 10_OTHER SERVICES - AS -NEEDED
This Task consists of an allowance for funding application assistance, additional sole -source
documentation, and other activities. This allowance shall be used solely at the City's discretion.
The procedure for undertaking as -needed work hyamfollows:
�
Consultant oscope and estimate, with detail appropriate 0othe complexity and
characteristics of the task at hand.
° The City reviews the scope and estimate, and Consultant makes revisions.
�
The final scope and estimate are presented hothe City. Work will commence only following
receipt cfwritten authorization by City representative authorized hmcontractually obligate the
City. Authorization can bevia email orhardcopy.
r;; Billing and status reports shall show the Task 10 history and totals authorized, allowing f4i
ongoing monitoring of funds not yet committed.
Petaluma Tertiary Upgrades Carollo Scope RESTART 112519 Fhal.docx 11 12/9/2019
Legend: New Tasks
Modified Tasks - Hours and / or Rates
TASK / DESCRIPTION PIC and Tech
Review
Labor Rate (2014) 1 $ 244.00
- - -- - - - - -- - -i- - -
Labor Rate (2019) $ 283.00
Task 1 -'-Ba'c'kgr'oun'd Review
1.1 Kickoff Meeting 2
1.2 Collect and Review Existing Data and Information 0
1.3 Data Gap Identification and Meeting Notes 0
1.4 Pond PS Screening Evaluation 4
1.5 Restart Kickoff Meeting 0
Task 2 - Basis of Design_
2.1 Basis of Design Workshop
2.2 Basis of Design Cost Estimate
2.3 Basis of Design Summary
I Scope Adjustment
Project Tertiary
Manager and Project Engineer Treatment
Tech Review Specialist
$ 244.00 $ 188.00 $ 188.00
$ 244.00 $ 188.00 $ 224.00
4
4
2
2
2
2
8
8
4
24
Subtotal - Task 1 6 ( 20 I 40
4 4 4
0 4 4
2 2 2
Subtotal - Task 2
Task 3 - Final Design
3.1A 50% Plans and Specifications Submittal
3.2A 50% Cost Estimate
3.3A 50% Submittal Review Workshop
3.1 B- i50% Revised Plans and Specifications Submittal
3.2B 50% Revised Cost Estimate
3.313 50% Revised Submittal Review Workshop
- 3.4 1190% Plans and Specifications Submittal -
_ 3.5_ X90% Cost Estimate _
3.6 19_0%Submittal Review Workshop
3.7 Bid Set Plans and Specifications Submittal
3.8 Vendor Workshops- --
- - -------------
3.9 (Sole Source Vendor Price Negotiation Assistance
Subtotal - Task 3
Task 4 - Bid and Award Services
4.1 IPre-Bid Meeting - -
4.2 Addenda Preparation - - - -- -
4.3 ,Bid Evaluation
Subtotal - Task 4
4
2
2
4
4
16
ENGINEERING SERVICES FEE ESTIMATE
City of Petaluma
Ellis Creek Water Recycling Facility
Tertiary Process Upgrades
MechanicalE&IC
Engineer
Structural
Staff Engineer
CADD
Support
Total Hours
40
Labor Cost
Travel/
PECE Tot
Engineer
8
Engineer
0
Technician
8
8
4
0
Expenses
20
100
32
0
0
4
8
4
0
0
8
$ 224.00
$ 188.00
$ 188.00
$ 154.00
$ 138.50
$ 102.00
32
0
0
4
$ 11.70
$ 222.00
$ 222.00
$ 222.00
$ 181.00
$ 164.00
$ 120.00
0
12
32
100
$ 12.00
4 -
4 -
2
- 2
2
2
30-
$
5,781_ $
16
$ 351 $
0
0
0
0
0
0
6
$
1,240 $
0
$ 70 $
0
0
0
0
0
0
6
$
1,240 $
4
$ 70 $
4
0
0
8
0
2
38
$
7,516 $
$ 6,768
$ 445 $
0
0
0
0
0
0
32
$
6,240 $
$ 20,616
$ 374 $
8
4
2
10
2
4 I
112
1$
22,0171$
64
($ 1,3101$
4 2
4 2
2 2
6
I 10
10 I
1
10
6
4
16
40
40
0
0
4
8
4
0
0
8
8
4
0
12
20
100
32
0
0
4
8
4
0
0
8
8
4
0
12
40
160
32
0
0
4
8
4
0
0
8
8
4
0
12
32
100
4
0
0
16
24
8
0
0
16
8
16
0
40
( 176 I
480
156
0
0
8
8
4
0
2
4
8
0
2
2
4
4
0
0
4
I 16 I
20
4 I
2
Task 5 - Environmental Permitting and Support Services
5.1 Support During Environmental Permit Process 4 4
5.2! Engineers Report Update 8 4
5.3 Bioassay Protocol Submittal 8 4
----------- ------- ------------
----------------- ----- - -- -- - ---- - -
5.4 Bioassay Testing and Report 16 16
Subtotal - Task 5I 36 28
4 4 4
2 4 8
2 0 2
8 8 14
6
2
38
$
7,059
$
$ 445
$
0
2
30
$
5,492
$
$ 351
$
4
1
19
$
3,516
$
$ 222
$
80
60
40
4
4
24
4
4
24
80
160
40
4
4
24
4
4
24
180
100
40
4
4
24
4
4
24
100
40
24
16
8
8
4
0
0
484 I
392
296
--
0
0
-- ----- -
4
2
2
8
0
0
0
2
2
12 I
if DDC Total Cost
351
$ 6,132
70
$ 1,310
70
$ 1,310
445
$ 7,961
374
$ 6,614
1,310
$ 23,327
445
$ 7,504
351
$ 5,843
222
$ 3,738
0
$ 10,000
10
5
87
$
16,067
$
$ 1,018
$ 1,018
$ 27,085
2_00
16
-----
496
-----
$
--
81,732
--- ----
$
----
$ 5,803
--- -- -
$ 5,803
------
$ 87,535
0
0
48
$
8,432
$
$ 562
$ 562
$ 8,994
0
0
52
$
9,408
$
$ 608
$ 608
$ 10,016
120
16
580
$
116,364
$ 500
$ 6,960
$ 7,460
$ 123,824
0
0
48
$
9,496
120
$ 576
$ 576
$ 10,072
0
0
52
$
10,472
$ 1,000
$ 624
$ 1,624
$ 12,096
300
16
880
$
170,924
$ -
$ 10,560
$ 10,560
$ 181,484
0
0
48
$
9,496
$ -
$ 576
$ 576
$ 10,072
0
0
52
$
10,472
$ 500
$ 624
$ 1,124
$ 11,596
240
12
564
$
107,124
$ 500
$ 6,768
$ 7,268
$ 114,392
8
2
90
$
18,536
$ 1,000
$ 1,080
$ 2_,080
$ 20,616
2
2
48
$
10,448
$ -
$ 576
$ 576
$ 11,024
870
64
2,958
$
562,904
$ 3,500 (
$ 35,317
$ 38,817
$ 601,721
0
-- 0 - - -
24 - -
$
5,076
$ - 200
$ - 288
$ -488
$ 5,564
8
4
40
$
7,618
$ -
$ 480
$ 480
$ 8,098
0
0
10
$
2,294
$ -
$ 120
$ 120
$ 2,414
8
4
I 74
$
14,988
$ 200
$ 888 I
$ 1,088
$ 16,076
8
0
0
0
0
8
8
4
36
$
6,204
$ $
432
$ 432
$ 6,636
40
24
0
16
0
24
24
8
148
$
28,928
$ $
1,776
$ 1,776
$ 30,704
40
24
0
16
0
24
24
8
148
$
28,928
$ $
1,776
$ 1,776
$ 30,704
80
24
0
16
0
120
24
8
304_
$
59,016
$ 12,000 $
3,648
$ 15,648
$ 74,664
168 I
72
0
48
0
176
80
28
636
$
123,076
$ 12,000
$
7,632 1
$ 19,632 1
$ 142,708
EXHIBIT A
Amend1 Petaluma Estimated Fee 112019.xlsx 1 27 12/9/2019
ENGINEERING SERVICES FEE ESTIMATE
City of Petaluma
Ellis Creek Water Recycling Facility
Tertiary Process Upgrades
Task 6 - Engineering Services During Construction
6.1Preconstruction
Conference
2
8
8
8
0
0
0
0
0
0
26
$
5,814
$ $
312
$ 312
$ 6,126
-
6.2
- - -
- - '
I---__-- --- - sass --sass--
rR esponse to RFIs
- - --- - - ----sass- -- ---
4
24
64
32
16
32
32
32
16
0
252
$
52,364
$ $
3,024
$ 3,024
$ 55,388
6_3 ]Submittal
Review______
4
24
64
32
16
32
32
32
16
0
252
$
52,364
$ $
3,024
$ 3,024
$ 55,388
6.4
Construction Change Assistance
2
8
8
4
2
4
2
2
8
0
40
$
8,368
$ $
480
$ 480
$ 8,848
6.5
I Meeting J Site Visits
2
24
24
8
4
8
4
4
0
0
78
$
17,002
$ $
936
$ 936
$ 17,938
6.6
(Startup and Testing
2
8
4
8
0
0
0
4
0
0
26
$
5,786
$ $
312
$ 312
$ 6,098
6.7
sass - _ - --- -- -- - - - --- --
Project Closeout--
2
8
8
8
0
0
0
8
8
0
42
$
8,574
$ $
504
$ 504
$ 9,078
6.8
-- - --- -- --- sass--
-
Record Drawings
2
8
24
0
0
0
0
0
140
0
-
174
$
29,990
$ $
2,088
$ 2,088
$ 32,078
Subtotal - Task 6
20
(
112
204
100
I
38
76
I
70
82
188
(
0
I
890
( $
180,262
$
( $
10,680
$ 10,680
$ 190,942
Task 7 - Project Management
7.1
Project Management/Coordination, Invoicing, and City
16
80
24
0
0
0
0
0
0
0
120
$
28,560
$ 1,000 $
1,404
$ 2,404
$ 30,964
_ __(,Coordination
7.2
_
C!q/CtCTechnicalReview
16
32
32
8
0
40
32
0
0
0
160
$
36,128
$ $
1,872
$ 1,872
$ 38,000
7.3
1 Project Management - ESDC Construction Phase
8
24
40
0
0
0
0
0
0
0
72
$
15,640
$ - $
842
$ 842
$ 16,482
Subtotal - Task 7
40
(
136
I
96
(
8
I
0
(
40
I
32
(
0
I
0
(
0
I
352
( $
80,328
$ 1,000
$
4,118 I
$ 5,118
$ 85,446
Task 8 Filter Technology Evaluation 2.01.6 Labor rate
$
0 62.00 $
4 62.00-J $
$ 05.00 $
205.00 $
205.00 $
205.00 $
205.00 $
168.00 $
141.00- $
111.00
1 X164
- -
8 1 Review Filter Technology {
-
o
0
0
0
0
-
0
14
$
3,098
$70
$
$ 164
$ 3,262
- - - - -�
8.2 (Conceptual Design and Alternatives Analysis
2
8
40
4
0
2
2
0
14
0
72
$
14,434
$ $
842
$ 842
$ 15,276
-- - - -
8.3 Meeting and Presentation of Conceptual Design
2
8
12
0
0
0
0
0
4
2
28
$
5,866
$ 48 $
328
$ 376
$ 6,242
Subtotal - Task 8
4
20
60
6
0
2
2
0
18
2
114
$
23,398
$ - $
1,334
$ 1,382
$ 24,780
TOTAL TASKS 1 to 8
156
I
518
1078 )
372
54 - 1_
664
508 -1_
590
1176
107
5223
I $
1,023,040 1-$
16,700 1 $
62,2971
$ 79,0451
$- 1,112,0851
Task 9 - Storage Building and Maintenance Building
1
1
Modifications_ Design - - - - -- -- - - - --- ---
sass - - - ---
--- -
- - -
- - -
- -- - -
- - - -
- - - - -
- - - -
- -- - -
- - -
- -
- - --
- -
-
-
-- -- -
--
-- -
9.1 150% Plans and Specifications Submittal
0
1
12
0
8
24
60
8
40
2
155
$
31,172
$ $
1,860
$ 1,860
$ 33,032
9.2 1 - -- sand- ---- - - -- - -- ----
150% Cost Estimate
0
1
4
0
2
4
4
4
0
0
19
$
3,940
$ $
228
$ 228
$ 4,168
- -- sass- -- - --- --- - - - --- - - -
9.3 150% Submittal Review Workshop
2
1
4
0
2
4
4
4
0
0
21
$
4,506
$ $
252
$ 252
$ 4,758
t- - -- -- --- - - - --- -- -- sass - --
Su
9,4 90% Plans and Specifications Submittal
0
1
4
0
8
40
40
8
40
2
143
$
28,780
$ $
1,716
$ 1,716
$ 30,496
it-- - --
9.5 190%Cost Estimate
0
1
4
0
2
6
4
4
0
0
21
$
4,384
$ $
252
$ 252
$ 4,636
sass- -r- - -- - -- -- - -- - - -- - - - ---
9.6 :90% Submittal Review Workshop
2
1
4
0
4
4
4
4
0
0
23
$
4,950
$ $
276
$ 276
$ 5,226
9.7 (Bid Set Plans and Specifications Submittal
0
1
4
0
2
40
24
3
24
2
100
$
20,367
$ $
1,200
$ 1,200
$ 21,567
Subtotal - Task 91
4 1
7 1
36 1
0 1
28 1
122 1
140 1
35 1
104 1
6 1
482
1 $
98,099
1 $ $
5,784
$ 5,784 1
$ 103,883
Task 10 - Other Services As Needed
TOTAL TASKS 1 to 10 160 I 525 1114 I 372 I 82 I 786 648 I 625 1280 I 113 5705 I $ 1,121,139 $
16,700 I $ 68,081 1 $
$ 25,000
84,829 I $ 1,240,968
EXHIBIT A
Amend1 Petaluma Estimated Fee 112019.xlsx 2 28 12/9/2019
+ 1 r r r a
CITY OF PETALUMA LIVING WAGEORDINANCE
i a a. MUNICIPAL { 1 CHAPTER
ii i i..
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal CodeSection 8.36.120, as part of any bid, application or
[troposal forany Agreement . • _ • the Ordinance, thecovered entity
Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or s contained in this
Acknowledgement ! i 1providinginformation,Mi • the date,•`
matter1 manner of • i any, of all wage, hour,i' bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or fin1 of i. i of . regulation by `• ':. iry agency or i
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations i (Labor i Environmental Protection Agency and/or Nati
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately"i ithe • t proposal, submission or ;`f
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of a
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, eac
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
i completeness of i . ii provided in the Report of . .. Complaints,
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page 1 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
ION
(1639697.2) Nov 2012 29
),,j e e Date:
(Print Name of Covered Entity/Business Capacity)
�t\,'
(Print ame)
/s/
(S', IMIL11'e)
Its
(Title /Capacity of Authorized Signer)
Page 2 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
30
m R a 119NIAN 0 Kim m N Al Reis 11101KNI1111XV01110M01
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
r.
•
0 AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCIIISFE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
* HAS BEEN FILED OR PRESENTED TO YOU WITHIN THETEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
FQTIXXMNNE�i
PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPI AINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE": ; 1,7
L�
Regulatory Agency or Court:
Subject Matter:
Page 3 of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1 638697 2) Nov 2012
31
32
EXHIBIT B
INSURANCE REQUIREMENTS
FOR ALL AGREEMENTS
Contractor's performance of the Services under this Agreement shall not commence until Contractor
shall have obtained all insurance required under this paragraph and such insurance shall have been
approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All
requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
Contractor shall procure and maintain for the duration of the contract all necessary insurance against
claims now and in the future for injuries to persons or damages to property which may arise from or
in connection with the performance of the Services by the Contractor, the Contractor's agents,
representatives, employees and subcontractors.
A. Required Minimum Scope of Insurance
❑X Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
❑X Insurance Services Office form covering Automobile Liability (any auto).
❑X Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
❑X Professional Liability/Errors and Omissions
❑ Crime/Employee Blanket Fidelity Bond
❑ Property Insurance against all risks of loss to any tenant improvements or betterments.
❑ Pollution Liability Insurance
❑ Garage Liability
❑ Garagekeepers Insurance
❑ Technology Professional Liability Errors and Omissions Insurance (IT
Consultant)/Cyber Liability
❑ Abuse or Molestation Liability Coverage
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
❑X General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other fonn with a general
aggregate liability is used, either the general aggregate limit shall apply separately to this
Agreement or the general aggregate limit shall be twice the required occurrence limit.
❑X Products/Completed Operations: $1,000,000 per occurrence/aggregate.
❑X Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
❑X Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
❑X Professional Liability/Errors and Omissions: $1,000,000 per occurrence or claim. If the
policy provides coverage on a claims -made basis, the retroactive date must be shown and
must be before the date of the Agreement or the beginning of the contract work.
❑ Crime/Employee Blanket Fidelity Bond - $1,000,000: Contractor, at its own cost and
INSURANCE REQUIREMENTS (City) 33
Dec 2018
expense, must maintain a Crime/Employee Blanket Fidelity Bond in the amount of
$1,000,000 per employee covering dishonesty, forgery, alteration, theft, disappearance,
destruction (inside or outside).
❑ All Risk Property Insurance: Full replacement cost.
❑ Pollution legal liability with limits no less than $1,000,000 per occurrence or claim and
$2,000,000 policy aggregate. If the policy provides coverage on a claims -made basis, the
retroactive date must be shown and must be before the date of the Agreement or the
beginning of the contract work.
❑ Garage Liability: $1,000,000 per occurrence.
❑ Garagekeepers Insurance: $1,000,000 per occurrence.
❑ Technology Professional Liability Errors and Omissions Insurance appropriate to the
Consultant's profession and work hereunder, with limits not less than $1,000,000 per
occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations
as is undertaken by the Vendor in this agreement and shall include, but not be limited to,
claims involving infringement of intellectual property, copyright, trademark, invasion of
privacy violations, information theft, release of private information, extortion and network
security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond
to these obligations.
1. The Policy shall include, or be endorsed to include, property damage liability coverage
for damage to, alteration of, loss of, or destruction of electronic data and/or information
"property" of the City in the care, custody, or control of the Consultant. If not covered
under the Consultant's liability policy, such "property" coverage of the City may be
endorsed onto the Consultant's Cyber Liability as covered property as follows:
2. Cyber Liability coverage in an amount sufficient to cover the full replacement value of
damage to, alteration of, loss of, or destruction of electronic data and/or information
"property" of the City that will be in the care, custody, or control of the Consultant.
3. The Insurance obligations under this agreement shall be the greater of 1) all the Insurance
coverage and limits carried by or available to the Consultant; or 2) the minimum
Insurance requirements shown in this Agreement. Any insurance proceeds in excess of
the specified limits and coverage required, which are applicable to a given loss, shall be
available to the City. No representation is made that the minimum Insurance
requirements of this Agreement are sufficient to cover the indemnity or other obligations
of the Consultant under this agreement.
❑ Abuse or Molestation Liability Coverage: $1,000,000 per occurrence; $2,000,000
aggregate.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees, and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses. Policies containing any self-insured retention
(SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either
the named insured (Contractor) or the City.
INSURANCE REQUIREMENTS (City) 34
Dec 2018
City reserves the right to review any and all of the required insurance policies, declaration
pages, and/or endorsements, but has no obligation to do so. City's failure to demand evidence
of full compliance with the insurance requirements set forth in this Agreement or City's failure
to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during the
performance of this Agreement.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to contain
the following provisions:
1. Additional Insured: The City, its officers, officials, employees, agents and volunteers
are to be covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials,
employees, agents or volunteers.
2. Primary and Non -Contributory: For any claims related to this project, the Consultant's
insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be
excess of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim
is made or suit is brought except, with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
6. Waiver of Subrogation: Consultant agrees to waive subrogation rights for commercial
general liability, automobile liability and worker's compensation against City
regardless of the applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
7. It shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirement
and/or limits shall be available to the additional insured. Furthermore, the requirement
for coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement, or (2) the broader coverage and maximum limits of coverage of any
insurance policy or proceeds available to the named insured; whichever is greater.
8. The limits of insurance required in this Agreement may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of the City of Petaluma before the
City of Petaluma's own insurance or self-insurance shall be called upon to protect it as
a named insured.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
INSURANCE REQUIREMENTS (City) 35
Dec 2018
F. Verification of Coverage
NOTE: The City of Petaluma is now using an online insurance program, PINS
Advantage. Once you have been awarded a contract with the City of Petaluma, you will
receive an e-mail from PINS Advantage/City of Petaluma requesting that you forward
the e-mail to your insurance agent(s). Consultant shall furnish the City with Certificate of
Insurance along with Declarations and Endorsements effecting coverage required by this
clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the City before
the Services commence.
INSURANCE REQUIREMENTS (City) 36
Dec 2018
Attachment 4
PROFESSIONA I, SERVICES AGREEMENT
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THIS PROFJ--'ISSIONIAL SERVK-l-,'$ AGIU.'EMENT ("Agreement") is coterediota i in --cctiv
(
as o 1)), ai
L.
(-f7fleCtjVe late id between the City ol'Petalurna, a
nwiiicipal cOrpordtion anrd a charter city (,"Clty") and Carollo f"ju-6neers, Inc., a Del-mvill-C,
Corooralioq ("Consultant") (collectively, the "Parties").
Wfl[-M-�,'AS, the Parties enter Into this Agreement flor the PLUPOSe of Consultarit providing
prorcssional services to City under the ternis and tat: OditiOTISstet fo.rth herein.
,rl-IFP,F,.FOR,[','., in consi d crat i ofI ()f tfle MUIrnal covenants contained in this Agreenient,the Parties
agree as floljowsR
I Sei-vices '. Consuitant shall provide the services as described hi and in accordance Nvith
the 'whedule set torus in Exhibit "A" attached hereto aud incorpo rated herein
(", Scry ices".).
Business Tax Certificate.
Conipensation,
Aa For the full perfortriance of the Services a,,; described herein, City shall
compensate Consultant. i a accordance, ivi tli the rates soccl Fied 1n Fxh ibil A.
13. Consultant shall subjult detailed monthly invoices reflecting all service,,, -
peal' ni-ird dUring the, preceding month, and includin- as revised schedule liar
L�
perforniance. Luid additional doQUITIC1141tiOn requested by CiLy, applicable.
C, Consultant shall be conipens�ed for services in addition Io those described in
Exhibil A., only if Consultant and City execute a written arnendment to this
A-jecinent deseribiju, the additional services to be erfornied and tile
I 41:� p
coin pensation to be paid for such services. In no case shall the total e0rripeiisafloil
LITIder (hisAgreciiient exceed $576.110 without, I
- -- . - I prior writwit authorization of the
City Nlatiager. Further, no compensation for a soction or work prograin
LI
component attached with a speeific budget shall lie �,xccedcd without prior written
authorization ofthe Citv Mu-nager.
D. Notwithstanding any provision hercin, Consultant shall not be paid any
C(.)jjjl)ejjSatiojrj 1111fil SUCII i ass COUISUltallt has On file with the ON Finance
S URIC
bepartinent as current W-9 fortri available from the IRS website i\,Yx �e
— - —Nm."i r"i-I-P—)
and has obtained as currently valid Pctaluniia business tax certificate.
PROFESSIONAL AGRF - I :,M E'N F
IC,(�q3--njJujw20II 37
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terns
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
December 31, 2017, unless sooner terminated in accordance with Section 4. Upon
termination, any and all of City's documents or materials provided to Consultant and any
and all of the documents or materials prepared for City or relating to the performance of
the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Eauipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
Pa
PROFESSIONAL SERVICES AGREEMENT
(609321) June 2011 38
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs; reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract.
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
3
PROFESSIONAL SERVICES AGREEMENT
(609321) June 2011 39
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Livine Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall .
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as thesame may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C. shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Parry may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
Ell
PROFESSIONAL SERVICES AGREEMENT 40
(609321) June 2011
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Dan St. John, F. ASCE -Director, Dept. PW&U
Department of Public Works and Utilities
202 N. McDowell Blvd.
Petaluma, CA 94954
Phone: (707) 778-4546
Fax: (707)778-4508
Email: dstiohn(a),cixetaluma.ca. us
Consultant: Lvdia Holmes, P.E., Principal -in -Charge
Carollo Engineers
2700 Y2nacio Vallev Road, Suite 300
Walnut Creek, CA 94598
Phone: (925) 932-1710
Fax: (925) 930-0208
Email: LHolmes(acr),carollo.com
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature; whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFESSIONAL SERVICES AGREEMENT 41
(60932 1) June 2011
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 ,calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1, " "B-2, " "B-3, " or "B-4. "]
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
25. Litization. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
0
PROFESSIONAL SERVICES AGREEMENT 42
(609321) June 2011
27. Governin-2 Law, Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising fiom or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers.. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices. in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above-named officers,
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
7
PROFESSIONAL SERVICES AGREEMENT 43
(60932 1) June 2011
11yajin. J -lie hear din s used in m
this Agreeont are. Cor conv-enience only and erre. rant
gs&
intended to atket the intevpvctakm or construction of any pmvisions hel-efil.
31 SurvWuL id! oblignaons arising, priorto the tennination orcalAnUM ofthim Agreernent
lull all provisions of UW Agreement allocatii-ig liability bOwcon City, and Consultant
shall Survive the terminatiun or expiralion oflhis Agccmcnto
31 Entire AgEwnent Isis Agreemem, indulng dw oxhibits afluchcd heed' and
incor1krated herein, conslihnes the entire agremueni betwccil the Parties with 1-cspcel to
be Service, and supersedes all prior agmemcnM or understand0g, oral or mitten,
between the Parties in this reganL
IN WITNESS WI1[,.RE01`, the PclftiCS hCVCt0 haVC CXCCLOCk.1 b6 cloanment the day, mont and
year first above Muen,
CITY OF Pl:,TAI,tJMA CONSULTANT
By
Chy Mugu Name
ATTEST:
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City, cjuk AdWs
SPI I -)MQD AS; To FORT& LASKA (Aell C
city Slate
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Taxpayer LIX Number
APPROVED. -
APPROVED:
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PRO11".'SSIONAL,
(WM.1uj,,2m, 44
EXHIBIT A
ELLIS CREEK WATER RECYCLING FACILITY UPGRADE PROJECT
TERTIARY PROCESS UPGRADES
SCOPE OF WORK
CITY OF PETALUMA
AND
CAROLLO ENGINEERS, INC
(ENGINEER)
PROJECT UNDERSTANDING
The City of Petaluma (City) commissioned the new Ellis Creek Water Recycling Facility (WRF) in 2009.
Since the plant was put into operation, the City Public Works staff has recognized that several factors
have changed since the original plant design criterion was established. This includes:
• Higher than expected organics loading, that exceeds the liquid and solids process capacity.
• High strength waste (HSW) from local agricultural -related businesses might be more
economically treated locally at the WRF.
• The solids process equipment lacks redundancy, which makes the higher loadings more
problematic for plant operation and maintenance.
• The need for tertiary recycled water has increased due to the current drought and other factors,
such as serving agricultural users with tertiary treated water.
Based on these factors and limitations, the City has already undertaken assessments of the liquid and
solids processes at the WRF and envisioned three phases of improvements at the WRF. This scope
outlines the details of the Tertiary Process Upgrade project. Two additional phases will address solids
and high strength waste handling facilities upgrades and are addressed in a separate scope of work.
The Tertiary Process Upgrades project elements include:
1. Addition of a second 5 -cell continuous backwash filter system
2. Addition of UV disinfection equipment for the third channel of the existing UV system.
3. Addition of two tertiary feed pumps to the existing filter feed pump station.
4. Addition of filters or strainers to the pond pump station, discharge to the filter inlet.
DETAILED PROJECT SCOPE
The following scope of services was prepared based on our understanding of the RFP, site visits, review
of available information, and discussions with City staff. It includes the scope of work for design through
bidding and Engineering Services During Construction. It is anticipated that Construction Management
will be provided by the City.
TASK 1 - BACKGROUND REVIEW
The purpose of Task 1 will be to identify any additional information required for design, and any data
gaps. Additionally, this first task is critical to setting the design criteria and reliability/redundancy criteria
for the project and the facility.
A kickoff meeting will be conducted with City management, operations and maintenance, laboratory and
other key staff to review the scope of the design project, project elements, and obtain background
information from the City.
This will include:
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 1 May 19, 2015
45
EXHIBIT A
• AutoCAD design files and drawings for the WRF, including updates by the City during
construction to record the as -built conditions. Specification for existing equipment and facilities
will also be provided.
• Design criteria for the additional components and process units.
• Influent flow projections.
• Level of service requirements.
• Recent assessments of tertiary process and tertiary water production records.
• UV system data including UVT, any reported disinfection violations, and overall system operation
records.
The information listed above will be provided by the City and reviewed based on the work completed
since the plant was commissioned. The City shall furnish the Engineer all available studies, reports and
other data pertinent to Engineer's services; obtain or authorize the Engineer to obtain additional reports
and data as required; furnish Consultant services of others required in the performance of Engineer's
services, and the Engineer shall be entitled to use and rely upon such information and services provided
by the City or others in performing Engineer's services under this scope. The information will be used to
prepare materials for the Basis of Design workshop included in the subsequent tasks.
One feature of the listed improvements will be evaluated in additional detail prior to the Basis of Design
Workshop. The addition of filters or strainer to the pond pump station discharge to the filter inlet will be
reviewed and options will be presented prior to the Basis of Design workshop.
The Background Review subtasks include:
Task 1.1 - Kickoff Meeting
Task 1.2 - Collect and Review Existing Data and Information
Task 1.3 - Data Gap Identification and Meeting Notes
Task 1.4 - Pond pump station screen or filter/strainer evaluation
Deliverable;
Kick-off meeting notes, pond pump screen or filter evaluation findings, and Basis of Design workshop
materials.
TASK 2 - BASIS OF DESIGN
The purpose of Task 2 will be a confirmation of the Basis of Design. Using the information provided by the
City, our knowledge of the original design, and City staff experience in the operation of the existing
facility, the Basis of Design for the Tertiary Process Additions will be set. This will be accomplished in a
one -day workshop in the City of Petaluma. During the Basis of Design workshop, the following will be
considered:
• Process design criteria and sizing.
• Process layout.
• Technology selection where required, such as UV equipment, and/or filters.
• Level of automation and controls.
• Integration with existing tertiary process.
• Utility requirements.
• Safety considerations.
• Construction phasing, sequence, and constraints.
• Additional information requirements.
• Environmental or permitting support needs (provided by others).
• Geotechnical information review (provided by others).
Engineer will conduct a workshop in order to define and finalize the scope and cost of final design
elements. The findings and recommendations for pond pump screening and filter evaluation will also be
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 2 May 19, 2015
In
EXHIBIT A
reviewed during the workshop. The goal of the workshop is to complete the preliminary design process in
an accelerated manner and allows the City to participate in real-time decision-making.
After the workshop, Engineer will prepare an updated construction cost estimate for the proposed
facilities, and meeting notes to document the decisions made in the workshop. These will be submitted to
the City for review and confirmation. The City's review comments will finalize the Basis of Design and
provide a NTP for final design. We anticipate that this approach will move the project from kickoff to the
start of final design in less than two months as shown on the project schedule, Exhibit C.
The Basis of Design Subtasks includes the following:
Task 2.1 - Basis of Design Workshop
Task 2.2 - Basis of Design Cost Estimate
Task 2.3 - Basis of Design Workshop Summary
Deliverable;
Draft workshop meeting notes, including decision log, layout and design sketches, design criteria,
technology selection justification, updated schedule and work constraints, and preliminary construction
cost estimate.
Assumptions;
• The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction of this project.
• The City will be responsible for updates to any required geotechnical information.
• The City will be responsible for any required survey work to confirm as -built elevations
and locations.
• The City will be responsible for any trench or potholing recommended for identification of
buried utilities.
TASK 3 - FINAL DESIGN
Engineer will prepare biddable construction documents (drawings and specifications) for the major project
elements based on the key findings and recommendations of the accepted Basis of Design in Task 2.
Construction documents will be prepared in compliance with current codes adopted by the City and
applicable local governing agencies at the commencement of the design.
Drawings will be prepared on a computer-aided design drafting (CAD) system using Engineer's CAD
drafting standards. Construction drawings will include general, demolition, civil, structural, process,
mechanical, HVAC, electrical, and instrumentation disciplines.
Specifications will be prepared using the City's front-end contract documents and Engineer's technical
specifications. Front-end contract documents will include general bidding requirements, general
conditions, and special conditions. Technical specifications will be prepared using Engineer's standard
CSI format for Divisions 2 through 17.
During the final design period, Engineer will prepare and submit three progress submittals to the City for
review and comment. The first submittal will be the 50 percent design submittal, which will include as a
minimum the following preliminary information: process flow diagrams, process and instrumentation
diagrams, control descriptions for major equipment, selected site plans, major process equipment layouts
and sections, major process piping, location and dimensions of major structures, electrical single -line
diagrams, major mechanical equipment specifications, and a construction cost estimate. A 50 percent
design submittal review workshop will be held to discuss comments on the 50 percent submittal.
The second submittal will be the 90 percent design submittal, which will be a completed set of contract
documents that will also be submitted concurrently to Engineer's in-house technical checking team for
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 3 May 19, 2015
47
EXHIBIT A
detailed review. The 90 percent design submittal will have also incorporated applicable comments from
the 50 percent design review and other comments received from the City between the 50 and 90 percent
design. A 90 percent design submittal review workshop will be held to discuss comments on the 90
percent submittal.
Applicable review comments from the City and Engineer's in-house technical checking team at the 90
percent design stage will be incorporated into the 100 percent design submittal, which will be signed and
sealed by registered professional engineers in California. Changes following the 100 percent design
submittal will be made by addenda to the bid set of construction documents.
Engineer will prepare construction cost estimates at the 50 percent, 90 percent, and bid set design
submittal stages. Estimates will be prepared based on available quantity takeoffs, estimating guides,
equipment manufacturers' quotes, and the construction cost of similar facilities. Contingencies or
escalating factors for general estimating, general conditions, contractor overhead and profit, escalation to
mid point of construction, and annual cost escalation will be included in the construction cost estimates.
Estimates will be prepared to a level of accuracy consistent with the standards of the American
Association of Cost Engineers.
Final Design Subtasks include the following:
Task 3.1 - 50 Percent Plans and Specification Submittal
Task 3.2 - 50 Percent Cost Estimate
Task 3.3 - 50 Percent Submittal Workshop
Task 3.4 - 90 Percent Plans and Specification Submittal
Task 3.5- 90 Percent Cost Estimate
Task 3.6 - 90 Percent Workshop
Task 3.7 - Bid Set Plans and Specification Submittal
Deliverables:
• 50 percent design submittal including half-size drawings and specifications (five hard
copies and electronic copy (PDF))
• 90 percent design submittal including half-size drawings and specifications (five hard
copies and electronic copy (PDF))
• 100 percent design, Bid set submittal including signed and sealed drawings and
specifications (one electronic PDF copy ready for printing).
• Construction cost estimates (approximately one week after each design submittal).
• Workshops meeting notes
• CAD drawings for the final Bid Set submittal.
Assumptions.
• The City will provide front-end contract documents in electronic format to Engineer for
review at least three weeks before the 50 percent design submittal date.
• The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction of this project.
• The City will perform printing of bid documents based on the Bid Set design submittal.
TASK 4 - BID PERIOD SERVICES
Engineer will attend one pre-bid meeting with City staff and prospective bidders. City staff will conduct the
pre-bid meeting and Engineer will provide as -requested presentation materials to the City for the meeting.
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 4 May 19, 2015
48
EXHIBIT A
Engineer will respond to bidder questions during the bid period and provide written responses to valid
bidder questions. Engineer will prepare addenda to clarify and change bid documents as required during
the bid period.
The Bid Period Services subtasks include:
Task 4.1- Pre -Bid Meeting
Task 4.2 - Addenda Preparation
Task 4.3 - Bid Evaluation
Deliverables:
Assumptions:
Presentation materials for pre-bid meeting.
Written responses to applicable bidder questions.
Addenda.
The bid period will be for a duration of up to six weeks.
The City will advertise, print, sell, and distribute bid documents and addenda.
Labor hours assumed for responding to bidder questions and preparing addenda will not
be exceeded without written authorization from the City.
TASK 5 - ENVIRONMENTAL AND PERMIT SUPPORT
Engineer will coordinate with City's permitting consultant who will perform environmental permitting
assessment and support CEQA permitting strategies. Preliminary design documents will be provided in
electronic format for use in CEQA and other permitting documents.
The Environmental and Permit Support subtasks will include:
Task 5.1- Support during Environmental and Permit Process
Deliverable;
Draft project description, layout and design sketches, schedule and work constraints, and other limited
materials for permits completed by others.
Assumptions:
The City (and permitting consultant) will apply for all permits and prepare environment
documents needed for construction of this project.
TASK 6 - Engineering Services During Construction
The City intends to complete construction using in-house or third -party construction manager (CM), and
inspectors. Engineer will provide office support for CM including the following Engineering Services
During Construction tasks listed below.
Engineer will attend the pre -construction conference convened by the City and its CM Construction
managers -Attending this conference will be Engineer's Project Manager, Project Engineer, Construction
manager, and City Project Manager.
Engineer will respond to formal RFIs issued by the City's Construction manager. Routine RFIs that do not
relate to design intent are assumed to be handled by the City's Construction manager. All RFIs sent to
Engineer will be logged, documented, and communicated to Engineer using a standard written format.
The budgeted amount of labor is based on an average of 4 hours per formal RFI, plus administrative and
clerical time, and 30 RFIs and is an estimate only. Actual requirements could vary.
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 5 May 19, 2015
49
EXHIBIT A
Engineer will provide review and comments for technical submittals required per the contract documents.
Submittals will be logged, checked for completeness, and issued for review by the City's Construction
manager, and all review comments by Engineer will be submitted directly to the City's Construction
manager using a standard written format. In general, incomplete submittals will be immediately rejected.
The budgeted amount of labor is based on an average of 6 hours per submittal and a total of 30
submittals. For budgeting purposes, 25% of the submittals are assumed to require re -submittal and is an
estimate only. The budgeted amount of labor is based on an average of 4 hours per re -submittal Actual
requirements, including the time required for each submittal review, could vary.
Engineer will review proposed construction change orders involving design intent and provide design
services to implement the change orders at the request of the City. It is assumed that proposed change
orders will be issued by the City's Construction manager using a standard written format, and that
Engineer will respond directly to the City's Construction manager. The budgeted amount of labor is based
on an average of 12 hours per construction change order, plus administrative and clerical time, and a
total of 2 change orders and is an estimate only. Actual requirements could vary, including the time
required for each construction change.
Engineer will attend special as -needed construction meetings and site visits at the request of the City,
and convened by the City's Construction manager. It is assumed that the City's Construction manager will
prepare agenda and minutes for the meetings and site visits. The budgeted amount of labor is an
estimate only and actual requirements could vary. This scope item assumes 8 as -needed construction
meetings and/or site visits, for two attendees per meeting.
Engineer will assist with startup and testing at the request of the City, and coordinated by the City's
Construction manager. Engineer will provide written summaries and photo -documentation of field
observations as required. Startup and testing assistance could be provided for equipment testing and/or
instrumentation and controls. The budgeted amount of labor is an estimate only and actual requirements
could vary. The budgeted amount of labor includes two full days at the project site for the project team
plus office support.
Engineer will assist with project closeout at the request of the City, and coordinated by the City's
Construction manager. One project manager from Engineer, CM and City project manager will attend a
punch list walkthrough and supply written summaries and photo -documentation of field observations to
the Construction Manager. The budgeted amount of labor is an estimate only and actual requirements,
could vary.
Engineer will incorporate the marked up as -built drawings provided by the City's Construction manager
into the drawings and provide record drawings. Record drawings will not include the engineer's seal or
signature. Record drawings will be provided to the City in electronic format only (AutoCad and PDF).
The Engineering Services During Construction subtasks will include:
Task 6.1- Pre -Construction Conference
Task 6.2 - Response to RFIs
Task 6.3 - Submittal Review
Task 6.4 - Construction Change Assistance
Task 6.5 - Meeting / Site Visits
Task 6.6 - Startup and Testing
Task 6.7 - Project Closeout
Task 6.8 - Record Drawings
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 6 May 19, 2015
50
EXHIBIT A
Deliverable:
RFI response, submittal review comments, change order review comments, start-up plans, and record
drawings in electronic format.
Assumptions:
The City will provide in-house or third -party construction management and inspection for
this project.
TASK 7 - PROJECT MANAGEMENT
Engineer will provide project administration and management necessary to perform planning, execution,
monitoring, and reporting of this project. Engineer will prepare a monthly progress letter report for
attachment to the monthly invoice to track and report the status of budget expenditures (earned value
report), the schedule, and key work products completed during that billing period.
Engineer will prepare a project Quality Management Plan identifying the roles and responsibilities,
procedures, and resources necessary to provide quality assurance/quality control (QA/QC) for this
project. The purpose of the QA/QC reviews is to ensure design quality, design consistency, and
conformance with project goals and standards. Engineer will conduct internal reviews using senior staff at
each major submittal: predesign evaluations, 50 percent design submittal, and 90 percent design
submittal.
The Project Management subtasks include:
Task 7.1- Project Management - Design Phase
Task 7.2 - Quality Assurance/Quality Control Design Review
Task 7.3 - Project Management - ESDC Construction Phase
Deliverables:
• Monthly invoices and progress letter reports.
• Meeting agendas, presentation materials, and meeting notes.
• Decision log.
Assumptions:
The project duration for design tasks is 8 to 9 months.
The City will complete review of each deliverable and provide one collated set of written
comments in electronic format to Engineer within two weeks of the submittal date.
The project duration for construction is approximately 9 months, and will be further
defined during design tasks.
TASK 8 - AS -NEEDED SERVICES
This Task consists of an allowance for funding application assistance, additional sole -source
documentation, and other activities. This allowance shall be used solely at the City's discretion.
The procedure for undertaking as -needed work is as follows:
• The City makes a request, either verbally, by e-mail, or other means.
• Consultant develops a scope and estimate, with detail appropriate to the complexity and
characteristics of the task at hand.
• The City reviews the scope and estimate, and Consultant makes revisions.
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 7 May 19, 2015
51
EXHIBIT A
® The final scope and estimate are presented to the City. Work will commence only following
receipt of written authorization by a City representative authorized to contractually obligate the
City. Authorization can be via email or hardcopy.
Billing and status reports shall show the Task 3 history and totals authorized, allowing for ongoing
monitoring of funds not yet committed.
Petaluma Tertiary Upgrades Carollo Scope 051915.docx Page 8 May 19, 2015
52
r�
I ilk,
WN ■ I 1 010,010,0111 W C
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
I. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Page 1 of 2
INSURANCE REQUIREMENTS (City)
(609325) April 2010 53
Labor Cost PECE Total CDC
05/19115
Total Cost
$ 11.70
ENGINEERING SERVICES FEE ESTIMATE
351 j
$
351 1 $
1,240 it $
70
$
70 $
1,240 j $
70 $
70 $
7,516 $
City of Petaluma
445 $
15,777 $
936 $
936-$
7,059 $
445 $
445 1 $
5,492 $
351 $
351 $
3,516 $
Ellis Creek Water Recycling Facility
222 $
16,067 $
1,018 1 $
1,018 1 $
85,316 $
5,990 $
5,990 $
8,432 1 $
562
$
562 $
Tertiary Process Upgrades
608
$
608 $
109,656 $
7,628 1 $
7,628 $
TASK I DESCRIPTION
PIC and Tech
Project
manager and
Project
9,408 1 $
Solids Handling
Tertiary
Tre atmeot
Mechanical
WC Engineer
structural
Engineer
Staff Engineer
CADID
Technician
support
Total Hours
21,106 $
21,106
1 $
Review
Tech Review
Ensineor
4
specialist
I
Specialist
engineer
2
2
2
12
8
4
Total Labor Rate
$ 244,00
$ 244.00
$ 188,00$
224.Oo
$ 18&00
$ 224.00
'188-00
$ 18&00
154.00
$ 13ti
$ 102.00
Task I -
Background Review
- - ----1 4
2
2
2
2
30
$
1.1
'Kickoff Meeting
2
1 4
4
0
4
4
1 0 0 0
0
0
U
6
$
1.2
1 Collect and Review Existing Data and Information
0
2
2
421 $
2
0 0
0
0
0
6
$
1.3
Data Gap Identification and meeting Notes
0
2
2
8
0
2 0
4- 0 0
8
0
2
38
421 $
1.4
Pond PS Screening Evaluation
4
8
8
1 0
4
2
10
2
4
80
$
Subtotal - Task 11
6
16
16
0
12 8 4
i$
0
0
0
0
0
26
5,448 $
304 $
304 $
6.1 'Preconstriction Conference
-fask 2 -
Basis of Design
8
- -----
t
8
---
16
u
8
4 4 4
4
6 1
2
38
-------
$
2.1
Basis of Design Workshop
4
4
4
0
__2 -_ i
2 2 4
I
8
0
2
30
$
2.2
[Basis of Design Cost Estimate
0
4
4
0
-4 - 119
0
2
4
1
25,192 $
$
2.3
Basis of Design Summary
2
2
2
0
1
2 2
8 8
14
10
5
87
$
1
Task 2�
Subtotal - T
6
10
10
0__
10 6
$
7,688 $
468$
468 $
6.4 1construction Changes
Task 3 -
Final Design
8
1 0
40 16 80 60
40
200
16
j 512
1 $
3.1
Plans and Specifications Submittal
4
16
40
16,128 $
0 4
4
24
0
0
48
1 $
3.2
i50% Cost Estimate
0
4
8
0
4
0 -4
4
24
0 1
0
52
$
3.3
150% Submittal Review Workshop
0
8
1
8
_ -0
i
4
80-
16
120 80
40
240
16
652
$
3.4
190% Plans and Specifications Submittal i
4
116
40-
0
$
6.7
4
4
24
0
0
48
$
3.5
�90% Cost Estimate
0
_0
4-
8--
8
0
4
0
4
4
24
0
0
52
$
3.6
90% Submittal Review Workshop
0
0
i
-
i
--- i '--
24
1 8
60
24
24 1
240 1
16
440
j $
3.7
Bid Plans and Specifications Submittal
4
1 16
24
0
1
160 40 276 180 1
200 1
680
48
1,804
$
Subtotal - Task 31
12
72
136
1 0
'Task 7 - Project Management
Project Management/Coordination, Invoicing, and City40
0
i
Labor Cost PECE Total CDC
05/19115
Total Cost
.Task 4 - Bid and Award Services
$ 11.70
5,781 $
351 j
$
351 1 $
1,240 it $
70
$
70 $
1,240 j $
70 $
70 $
7,516 $
445 j $
445 $
15,777 $
936 $
936-$
7,059 $
445 $
445 1 $
5,492 $
351 $
351 $
3,516 $
222 $
222 $
16,067 $
1,018 1 $
1,018 1 $
85,316 $
5,990 $
5,990 $
8,432 1 $
562
$
562 $
9,408 $
608
$
608 $
109,656 $
7,628 1 $
7,628 $
8,432 j $
562
$
562 $
9,408 1 $
608
$
608 $
70,056 j $
5,148
$
5,148 $
300,708
j $
21,106 $
21,106
1 $
.Task 4 - Bid and Award Services
0
0
4
0
0 1
24
1 $
4,824 j $
281 $
281 $
4.1 Pre -Bid Meeting
0
8
8
0
4
_A
2
2
8
4
40
$
6,916 $
468
$
468 $
2
4.2 !Addenda Preparation
2
---
1
4 1
8
0
0
0
0
0
t
0
0
0
0
10
$
2,216 $
117
$
117
1 $
4.3 'Bid Evaluation
i
2
4
4
0
0
4
2
2
2
12
8
4
74
$
13,956 $
866
$
866
$
I Subtotal - Task 41
4
16
20
Task 5 -Environmental Permitting and Support Services
0
8
8
4
36
$
421 $
421 $
5.1 ;Support During Environmental Permit Process
4
i
4
8
0
0
0 i
0
0
0
0
1
0
8
8
i
4 1
36
i $
6, 204 i $
421 $
421 $
Subtotal - Task 51
4
4
8
0
Task 6 - Engineering Services During Construction
i$
0
0
0
0
0
26
5,448 $
304 $
304 $
6.1 'Preconstriction Conference
2
o
8
8
0
0
8
---
16
u
8
16
1b
16
8
t
0 i
i
130
$
24,796 i $
1,521 $
1,521 $
6.2 � Response to 1
2
16
32
24 1
;1
8
16
16
16
0
0
130
1 $
25,192 $
1,521 1 $
1,521 $
6.3 Submittal Review
2
16
32
0
i
4
1
2
2
8
0 j
40
$
7,688 $
468$
468 $
6.4 1construction Changes
2
8
8
0
4
2
8
4
4
0
0
78
$
16,128 $
913 $
913 $
6.5 Meeting / Site Visits
2
24
24
0
8
-4
0
- - !
0
0
0
0
261
1 $
5,312 $
304 $
304
$
&6
Startup and testing
2
8
1
4
0
8
---
0
8
0
42
1 $
7,788 $
491 $
491
$
6.7
,Project Closeout
2
8
8
0
3
0
0
0
0
0 i
140
0
174
$
26,342 $
2,036 $
2,036
$
6.8 Record Drawings
2
8
96 1
24
140
0
0
0
76
i
44
38 i
50 1
164
0
646
$
118,694 $
7,558
$
7,558 1 $
Subtotal - Task 6i
16
'Task 7 - Project Management
Project Management/Coordination, Invoicing, and City40
0
0
0
0
0
0
0
0
0
48
11,712 $
562 $
562 $
71
Coordination
7.2 QA/QC Technical Review
8
20
32
0
0
8
16
24
i
24
0
i
0
0 i
0
124
48
$
1 $
26,800 $
11, 712 $
1,451 i $
562 $
1,451 $
562 $
73 Project management I Coordination ESDC t
8
40
0
i
0
0 1
0
i
0
i
0
24
0
0
0
0
0
220
1 $
50,224 $
2,575 $
2,575 $
Subtotal - Task 71
36 i
112
0
0
8
16
Z4
1.
TBD
$
Task 8 - As Needed Services
0
270
94
36-8
254
294
872
65
2,947
$
521,630 $
34,480 $
34 480 $
TOTAL TASKS I to 8
84
326
330
6,132
1,310
1,310
7,961
16,713
5,843
3,738
17,085
91,306
8,994
10,016
117,284
8,994
10,016
75,204
321,814
5,105
7,384
2,333
14,822
6,625
6,625
5,752_
26,317
26,713
8,156
17,041
5,616
8,279
28,378
126,252
12,274
28,251
12,274
52,799
20,000
576,110
REVISED Petaluma5/19/2015
-Estimated Costs and Fee-051915.xlsx 54
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
I. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Page 1 of 2
INSURANCE REQUIREMENTS (City)
(609325) April 2010 55
self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A: VII.
F. Verification of Coverage
Consultant shall furnish the City with original endorsements .effecting coverage required
by this clause. The endorsements are'to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREMENTS (City)
(609325) April 2010
56
ID Task Name
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Tertiary Process Upgrades
Task 3 Final Design
Restart NTP
Kickoff Workshop
Vendor workshops
Filter Workshop
UV Workshop
50% Plans and Specs
50% Workshop
50% City Review
90% Plans and Specs
90% Internal Review
90% Workshop
90% City Review
Bid Set Plans and Specs
City Review
Final Bid Set Preparation
Bid Set Deliverable
Duration
133 days
133 days
1 day
1 day
20 days
1 day
1 day
35 days
1 day
10 days
30 days
5 days
1 day
10 days
10 days
5 days
5 days
1 day
Task 4 Bid Services
46 days
Prebid Meeting
1 day
Bid Period
24 days
Bids Due
1 day
Bid Evaluation and Selection
5 days
Council Award Package
15 days
Council Award
1 day
Task 5 Environmental and 101 days
Permit Support
Engineers Report
101 days
Draft Engineers Report
20 days
City Review
5 days
Final Report
5 days
City Review
5 days
DDW Submittal - Eng Repor
1 day
DDW Report Review and
A 60 days
Task
Project: Petaluma Initial Schedule Split
Date: Fri 10/25/19 Milestone
Summary
Start (Finish
Mon 9/16/1 Wed 3/18/20
Mon 9/16/1 Wed 3/18/20
Mon 9/16/19 Mon 9/16/19
Tue 10/1/19 Tue 10/1/19
Wed 10/2/1STue 10/29/19
Tue 10/22/1�Tue 10/22/19
Wed 10/23/1 Wed 10/23/19
Mon 10/14/1 Fri 11/29/19
Mon 12/2/15 Mon 12/2/19
Tue 12/3/19 Mon 12/16/19
Tue 12/17/1 Mon 1/27/20
Tue 1/28/20 Mon 2/3/20
Tue 2/4/20 Tue 2/4/20
Wed 2/5/20 Tue 2/18/20
Wed 2/19/2CTue 3/3/20
Wed 3/4/20 Tue 3/10/20
Wed 3/11/2CTue 3/17/20
Wed 3/18/2C Wed 3/18/20
Thu 3/19/20 Thu 5/21/20
Wed 3/25/2C Wed 3/25/20
Thu 3/19/20 Tue 4/21/20
Wed 4/22/2C Wed 4/22/20
Thu 4/23/20 Wed 4/29/20
Thu 4/30/20 Wed 5/20/20
Thu 5/21/20 Thu 5/21/20
Tue 12/3/19 Tue 4/21/20
Tue 12/3/19 Tue 4/21/20
Tue 12/3/19 Mon 12/30/19
Tue 12/31/1 Mon 1/6/20
Tue 1/7/20 Mon 1/13/20
Tue 1/14/20 Mon 1/20/20
Tue 1/28/20 Tue 1/28/20
Wed 1/29/2CTue 4/21/20
City of Petaluma
Ellis Creek WRF
Tertiary Upgrades Project
2020 2021
Sep I Oct Nov Dec Jan Feb I Mar Apr May I Jun I Jul Aug I Sep I Oct Nov Dec Jan
/16
10/22
�d 10/23
12/2
OT
L,2/4
Project Summary
External Tasks
External Milestone
Inactive Task
3/18
Inactive Milestone
Inactive Summary
Manual Task
Duration -only
Attachment 5
Update 10/25/2019
Feb Mar I Apr I May Jun Jul
Manual Summary Rollup Deadline
Manual Summary Progress
Pd Start -only Manual Progress
Finish -only Q
Pet Tertiary Process Upgrades 102519.mpp 1 Fri 10/25/19
57
ID
Task Name
Duration
Start
Finish
37
Bioassay Test Protocol
81 days
Tue 12/31/1! Tue 4/21/20
38
Draft Test Protocol
10 days
Tue 12/31/1 Mon 1/13/20
39
City Review
5 days
Tue 1/14/20 Mon 1/20/20
40
Final Test Protocol
5 days
Tue 1/21/20 Mon 1/27/20
41
DDW Submittal - Test Protc 1 day
Tue 1/28/20 Tue 1/28/20
42
DDW Approval
60 days
Wed 1/29/2CTue 4/21/20
43
44
Construction
281 days
Fri 6/5/20 Fri 7/2/21
45
Start to Mobilize
1 day
Fri 6/5/20 Fri 6/5/20
46
Place equipment orders
5 days
Mon 6/8/20 Fri 6/12/20
47
Submittal prep (UV, Filters, et 20 days
Mon 6/15/2C Fri 7/10/20
48
Submittal Review/Revisions
15 days
Mon 7/13/2C Fri 7/31/20
49
Equipment Fabrication
14 wks
Mon 8/3/20 Fri 11/6/20
50
Site Prep
45 days
Mon 6/8/20 Fri 8/7/20
51
Filter Concrete
45 days
Mon 8/10/2C Fri 10/9/20
52
UV Demo
15 days
Wed 11/25/2Tue 12/15/20
53
UV Equip Install
30 days
Wed 12/16/2Tue 1/26/21
54
Filter Equipment installation
30 days
Mon 11/9/2C Fri 12/18/20
55
Electrical Installation
45 days
Mon 12/21/2 Fri 2/19/21
56
Controls Installation
50 days
Mon 12/21/2 Fri 2/26/21
57
Start-up Testing
21 days
Mon 3/1/21 Mon 3/29/21
58
Completion Channel 2&3
1 day
Tue 3/30/21 Tue 3/30/21
59
Channel 1 Installation
20 days
Wed 5/26/21Tue 6/22/21
60
Channel 1 Testing
7 days
Wed 6/23/21Thu 7/1/21
61
Project Completion
1 day
Fri 7/2/21 Fri 7/2/21
62
63
Permitting - Bioassay
80 days
Tue 3/30/21 Mon 7/19/21
64
Bioassay Testing - Channel 2& 20 days
Tue 3/30/21 Mon 4/26/21
65
Bioassay Report - Channel 2&:20 days
Tue 4/27/21 Mon 5/24/21
66
Bioassay Report Ch 2&3 Subrr 1 day
Tue 5/25/21 Tue 5/25/21
67
Bioassay Approval - Channel 2 2 mons
Tue 5/25/21 Mon 7/19/21
68
69
RW Delivery Outage
107 days
Mon 11/2/2CTue 3/30/21
70
Deliver RW
1 day
Wed 3/31/21 Wed 3/31/21
71 Maintain original Channel 1 * 40 days Wed 3/31/21Tue 5/25/21
72 * To Be Determined 1 day? Fri 4/24/15 Fri 4/24/15
City of Petaluma
Ellis Creek WRF
Tertiary Upgrades Project
2020 2021
Sep I Oct Nov Dec Jan Feb I Mar Apr May I Jun I Jul Aug I Sep I Oct Nov Dec Jan
1/28
® 6/5
1W
Attachment 5
Update 10/25/2019
Feb Mar I Apr I May Jun Jul
3/30
7/2
TMEW
4' 5/25
EMMMMMM
3/31
Task
Project Summary
Inactive Milestone
Manual Summary Rollup Deadline
Project: Petaluma Initial Schedule Split
External Tasks
Inactive Summary
Manual Summary Progress
Date: Fri 10/25/19 Milestone
External Milestone
Manual Task Pd
Start -only Manual Progress
Summary
Inactive Task
Duration -only
Finish -only Q
Pet Tertiary Process Upgrades 102519.mpp 2 Fri 10/25/19
58