HomeMy WebLinkAboutStaff Report 2.C 06/20/2011I85$
DATE: ,Tune 20,1011
N TO: Honorable Mayor and Members of the City'Councitthrough City Manager
FROM: Pamela `Tuft — Interim Director , Water 'Resources & Cons
' , vation
SUBJECT: Resolution Approving, the Budget and Authorizing the City Manag to Execute , a „
Professional Services Agreement for Engineering, and Design Services ' for the
Wilmington Pump :Station
RECOMMENDATION
It is ,recommended that the City Council adopt the attached 'Resolution approving the budget and
authorizing the City Manager to execute a'Professional Services Agreement for.Engineering and
Design Services for the Wilmington.Pump Station.
BACKGROUND
The Wilmington Pump Stafion is located at the intersection' of Wilmington Drive and Holly Lane
directl adjacent (ee attached location map).,The station pumps wastewater
from t north end o Pe aluma as well as portions of Penngrove to a gravity sewer line in
y _
Madison Street, which flows to the City's Primary Influent Pump Station, at Hopper Street where
it is pumped to the Ellis Creek Water Recycling Facility. The pump station was built in 1962
and had a minor upgrade in 1995. The station is ,experiencing, repeated failures requiring
significant attention by maintenance personnel. This.critical pump,s.iation,is not.operating at an
acceptable level of service and does not meet 'the system. needs. Structural, mechanical, and
electrical improvements are necessary to meet flow capacity; reliability, ; safety, and maintenance
requirements. The Wilmington Purnp Station improvement project includes architectural,
structural, mechanical, ' electrical equip,
p p tsto t isting
,. _ ,
pump-station. The project will also include nstructon of a soil filter bed to co
instrument
odors
replacement of fencing, and installation of landscaping to enhance the site aesthetics given its
location within a residential neighborhood.
DISCUSSION
On March 16, 2011 the Department of Water Recourses and Conservation solicited
for engineering and design services for this project through a Request forProposal (RFP from
g „
the following consultul g Civil En ' ,firms: J e &, „Race Bre1' Consulting ineers 'West Yost Associates,
g
HOR Engineering, Kennedy /Jenks Consultants, Psomas, and Winzler &, Kelly.
Agenda Review:
Dept'. Director City Attorney Finance Director City Manager
a�
Four firms responded to the: and ia careful consideration. reference checks, :review of
Kelll the ct delliiv and review of cost proposals, City 'staff,�recommends Winzler
p J 4 p p
y uited to erform these services. There'were ,eight criterion identified in
the RFP used by the selection committee to determine the most qualified proposal. The criteria
for selection included evaluation of the overall proposal, project. scope and comprehension,
project management approach, technical approach to the project,, project team organization,
schedule of hours, resumes of team members with relevant work experience and estimated
schedule. W &K was selected because they provided the most, comprehensive proposal which
illustrated their extensive experience with the engineering design of sewer pump stations. The
W &K proposal was also the most detailed in project management approach and the technical
approach to provide the best proposed scope of work for the services requested.
City staff recommends hiring Winzler & Kelly to provide engineering services to support the
upgrades to the pump station. The services, include the following: complete pump station
investigations il study, neighborhood outreach
and SPAR review, complex design of new pump station including me hariical, electrical,
structural, and instrumentation upgrades, architectural and landscape site improvements, and
engineering services during construction. The proposed scope of work. is included in
Attachment 2.
The schedule for the pump station improvements includes completing the design and selecting a
contractor by January 2012. The construction is estimated to take roughly 10 to 12 months. The
construction phase is scheduled to be completed by the end of 2012.
FINANCIAL IMPACTS
The engineering and design services will be performed on a time and materials basis, not to
exceed $475,295. The total' - proposed budget for this project (C00501400) is $2,301,000. This
project is reflected in the draft .l'1 /12 CIP budget.
PJ
Requested„
CIP Budget
Description
FY 11/12
Planning /Environmental
$60
Design
$500,000
Legal Services
$5,000
Construction Contracts
$1,200,000
Construction Management
$350,000
Contingency
$186;000
TOTAL
$2,301,000
F.undigg Sources
Waste Water. Operating
$2,301,000
TOTAL
$2,301,000
PJ
ATTACHMENTS
1 Resolution .
2. PSA Agreement
3. Location Map
3
RESOLUTION APPROVING AND AUTHORIZING THE CITY
P THE BUDGET EIVIEN'I' FOI2 '
MANAGER AGER TO EXECUTE A PROFESSIONAL �SERUICES ACRE
ENGINEERING AND DESIGN SERVICES FOR THE WILMINGTON STATION
WHEREAS, the City of Petaluma,.has determined the need to upgrade the Wilmington Pump
Station at the intersection of Wilmington Drive and Holly Lane; and
WHEREAS, this project requires the services of a quality professional engineering firm familiar.
with pump stations and experienced in engineering and design services and
WHEREAS, City staff prepared: a Request for Proposal (RFP) and solicited proposals from six
bay area, firms for engineering and' design services for the Project;,,and
WHEREAS, on April 14, 2011 „four proposals were received; and
WHEREAS, Winzler & Kelly'responded to the RFP and was-chosen. based on their proposal,
reputation, and experience in the design of municipal pump stations; and
WHEREAS, Winzler & Kelly has ,demonstrated ability to produce superior quality work on
complex, engineering projects by providing quality engineering„ and design services for Bay Area
municipalities over the °last 30 years; and
WHEREAS, staff recommends the City execute a professional .services agreement with Winzler
& Kelly for engineering and design services for the Wilmington.Pump Station;
NOW, T DE IT RESOLVED that the City Council of the City Hereby:
1. Approves the budget as follows:
Description
Planning /Environmental
Design
Legal Services
Construction Contracts
Construction :Management
Contingency
Total
1.1/12 CIP Budget
$ - 60,000
$ 500,000
$ 5;000
$',200,000
$ 350,000
$ - 186,000
$2,301,000
2. Authorizes the City Manager er to sign the attached Professional Services Agreement for
,
Engineering and Design Services for the Wilmington,;Pump Station with Winzler & Kelly
in. support of the Wilmington Pump Station improvement projectJn the amount of
$475 ”
PRO FESSI, ONAL SERVICE S,AGREEMEN'T
Engineering and Design Services'for the
Wilmington Pump Station,
(Title of Project)
FY 10 /11 Fund # 6600.66999 Exp. Acct, .# 54110 Project.# 0005061400 -30300 Amount $ 475295 '
For multi -year contracts or contracts with multiple accounts:
FY Fund t} Exp..Acct. # Project # Amount $
PY Fund 4 )Jxp. Acct. # Project # Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") .is entered into and effective
as of , 20 ( ".Effective Date "), by and between the City of Petaluma, a
municipal corporation and a,charter city`(" City ") and Winzler & Kelly ai California corporation
("Consultant ") (collectively, the "Parties ").
WHEREAS, the Parties enter into this Agreement for the ,purpose of Consultant providing
professional services to City under'the terms and conditions set forth�herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. Services Consultant shall' provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached" hereto and incorporated herein
( "Services ").
2. Compensation; Business Tax Certificate
A. For the full perfor of the Services as de herein, City shall
compensate Consultant under the following terms: time and materials
B. Consultant, shall submit detailed monthly, invoices „reflecting all services
performed during the 'preceding month, and including a, revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services ,;in addition to those described in
Exhibit A, only if :Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
s
p paid In no e, hall the total compensation
Ua1n ensahon to be a1d for such services. cas
der this Agreement exceed $ 475,295 without prior written authorization ''ofthe
City Manager. Further, no compensation, for a section or work program
component attache&*ith a specific budget, shall be exceeded without .;prior written
authorization of the' City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
ep ensation formati'on requested on the ` Vendor I foe City, Finance
cam until s,
P
D ' arlment current in ch time as Consu tant has one rtnatlon ", form
q
available, from City, land has obtained a currently valid Petaluma. business tax
certificate.
PROFESSIONAL,SERViCES AG0kEEMENT (City)
(Nanoge #609321) April 2010 5
Winzler K.Kelly Form (Nov. 2010) (rink)
F
E. City's obligation" to pay compensation to Consultant, as, provided herein is
� p g mcnt and anyameridme`nts ,pursuant to the terms
contingent a on Consultants performance of the Services
and conditions' Of this A ree' thereto.
3. Term "The term of this Agreement commences on the Effective Date, and terminates on
December '31, ' 20l 3 , unless' sooner tei7 unate& in accordance with Section 4, Upon
termination, any and all of City's, documents or material's provided to Consultant and! „any
and all of the documents or materials prepared for City or relating: to the performance of
the Services shall deliv
, ered to the City as soon as'- possible, but novWer than fourteen
be ;
(14) days rafter termination 'ofthe Agreement.
Cit ( l0) days'
4. Termination Cit ;may fernunate this Agreement without cause ten u
writte Causefor immediate'termiation or lust terminate
mclude but n' cause.
ry y ' y p A recment d this `for
g
p ot. be limited 'to, any
breach of this Agre
i of notice 'o by Consultant or Consultant's_ bankruptcy or insolvency. Upon
receipt p f termination or suspension for cause, Consultant shall Immediately '
stop all work in'pro'gress under this Agreement. In the event of early termination. cif 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 the satisfaction of
City in accordance` with the °tenns and conditions of this Agreement. If City terminates
this Agreement for” cause; Consultant shall be liable t 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 perforiiing the Services. City .has
relied upon said representation as a material inducement to; enter into this Agreement.
Consultant shall, therefore, provide, properly skilled professlonal 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 erriployment.
6. Facilities and ,Equipment „Consultant shall, at its. °sole cost and expense, furnish all
ng Services pursuant to this
Agreement. g d eq 'p Cit Shall required
Co nsultant nt : f fac lities
rnlshl
y r equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses; Pcrmiis; Et le e. , Consultant��� shall at Consultant s so' post and expense; keep in
effect at'all tines 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 deg o
rote such time" to the erf rmanc '
p e 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 Agreements All work done and materials furnished, if any; shall be• subject to
2
PROFESSIONAL SERVICES .AGREEMENT,(City)
(Manage Hb04321)'•Aprd 2010 6
\Vinzler &,Kelly Form(i�'ov:3010) (fink)„
irispe6trot and approval by the City,. The inspection of such work shall not relieve
C
b onsult any of ant of its obligation°s pursuant, this Agreement:
i ,
10. Progress Reports Upon the City's :request, Consultant shall provide, in a form
p y n progress reports of all oral and written observations opinions';
aecc table to City, writte p , opi
recommend "ations, analyses, progress and conclusions related' to Consultant's
perfonnance of the Services.
11. Confidentiality In the, course of Consultants employment;.
' Consultant ma' y 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 s
hall' 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.
g an o p e e any, f
City. financial interest under the
A Consultant p eement is fficerhor , m lo C t . if such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion; , iimediately terminate this Agreement. ° Certain Consultants ' are
subject to the requirements,' ncluding the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject ot o Interest City's Code include those. whose work may
involver making overnm
c to the e dec Conflict
regarding approval pr ; 'option of rates, toles, or
re .gulations, .action on pcnnits or- other applications, auth or at n 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 oor 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 Ci
ty pursuant to this A regiment , g , shall be
prepared ;in a'suhstantial, 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..
s>«nment/Transf sfer in
1 As ' � � er : �No assignment or trait whole or in part of this Agreement
shall be made without theprior written consent of City.
l.b. Subcontractors Consultant shall directlyperforrn alf'S'ervices, and shall notsubcorntract
any portion of performance of the Services without the prior written consent of City.
PROFESSIONAL SERVIUS AGRLEML:NT (City)
{iManage 466§321) April 2010
winzler & Kelly Form (Nov. 2010) (fork) 7
i
Any •such subcontractors shall ,be- required, to "com 1 t
o the`'full extent applicable, with
the
term& and conditions of this Agreement, including but not limited to', procuring and
rriantaln minsur q, ' h shall name City as an
g insurance coverage e as required herein a d whic
n
additions ed.
1.7. Comoliance 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 riot . 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 b reach,; of this A reement. g To t he extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply' with
all rules and regulations applicable to such fiscal assistance.
18. Living :Wake Ordinance Without limiting the foregoing Section. 17, Consultant shall
comply fully with the requirements of Petaluma Municipal `Code, Chapter 8.36, Living
Wage (the "Living Wage Ordinance "), as the same may ,be amended from time to time.
Upon the City's request Consultant shall promptly provide to, the City documents and
information verifying Consultant's compliance with the requirements of the Living Wage
Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to ihe,amount of wages and time off
that are required to be provided to them pursuant to the: Living Wage Ordinance.
Consultant's noncompliance with the Living Wage Ordinance shall constitute cause for
City's termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination During' the performance of this Agreement, Consultant shall. not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national, origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law
20. Notice Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in :writing, and sent�to the Parties at their respective
addresses specified Below or to such other address as a Party may designate by vt7itfen
notice delivered to the other Party in accordance with this Section. All such notices shall
be'sentt'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
confn-tried by the delivery service; or
(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
PROFESSIONAL SERVICES AGREEMENT (City)
QManage0609321);,Apr , i2010 -
winzler & Kelly Form,(iSov.,2010) (fnik)
report.is; generated reflecting .the ace urate transmission Any notice given
by,.facsimile, shall be;.'e'orisidered io have been received' on ;the next business day if
it is received;aftet 5.00 p.m: recip'ient's time or on a,nonbusiness day.
City: - City,Cl'erk
City of Malurna
Post Office' Box 61
Petaluma, California 94,953
Phone:' (707) 778 - 4360
Fax: (707) 778 -4554
Email: cityclerk @ci:petaluma.ca.us
And:
Department of V+Water Resources and Conservation
„ Remleh Scherzinger, P.E.
202 N. McDowell.Blvak
Petaluma. CA 94954
Phone: (707) 778 -4583
Fax: (707) 778- 4508
Email: i5cherzinger (c__,ci.pctaluma.ca.us
Consultant: Winzler & Kelly
Attn: Ted Whiton, P F'.;.Principal
2235 Mercgty Way Suite 150
Santa Rosa, CA 95
Phone: (707) 523- 010.
Fax:. 707 527-8679
Email: tedwhiton(5 and -k.com
r A ll original papers, docu>nents or computer material on disk
ies , `the
ents
' 21 or Ownership m crofihn and "`
p p as a r'csuki of'''t his 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 bis or her designated representative.
22; Indemnification To maximum extent pennitted by law, Consultant shall. at its own
expense indemnify, defend with counsel acceptable to the City, (which acceptance will
not be ° uiueasoiiabay withheld), and hold harmless 'City and its officers, ;officials,
em lo, ees', .agents and volunteers "Indemnitees" from and gainst any and''all' liability,
p Y ( ) a
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,
co , y ") th the,'Services or Consultant's failure to compy W a�r o .out t s in
Liabllit of , :every ; nature, whether actual, alleged or thre atened;
gr regardless of. any fault or alleged fault of thep �' of the terms of
nneution�� wn
this A ° eement Indemnitees.
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
5
PROFESSIONAL SERVICES AdREENTEPU (City)
(WanageN609321)'Aph 2610
winzier & Kelly Form (NoL 20t0) (fnik) 9
the- Consultantuevaluates Liability,and e' termines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days t6 tender for defense
and indelnnity "by tithe City, urges. s the time for 'responding '!'has been extended by an
authorized rcprc'sc.ntatl.vc of the City iri wilting. if the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition, to. ai�ly 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 l'itigati'on, 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 A greement ,i's a "construction contract"
as by Cali a
forni' Cis Code Section 2783. as may be amended from time tinge,
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. as may be amended from time
to time, Consultant's duty to 'indemnify shall only be to the maximum extent permitted by
California Civ l'Code Section 2782.8.
23. Insurance Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit 13-2 attached hereto and incorporated herein by. reference. [Indicate attached
exhibit; e.g., "B-1, " "& Z, "B =3, " or "B-4, "]
24. Amendment 'Phis Agreement may be amended only by a written instrument executed
by both Parties.
'25. ation I
� Liiiiz litigation ensues which pertains to the subject matter of Consultant's
services hereundei, Consultant, upon request from City, agrees to testify therein at a
reasonable andI customary fee.
26. Construction This Agreement is the product of negotiation and compromise on the part
of both :Parties and! that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be 'construed against the drafter of the
Agreement.
27. Governing Law; .Venue This Agreement shall be enforced' and interpreted %older the
laws of y ' from or
the State of California and the Cit of Petaluma Any action arising fro
.
PROFESSIONAL SERVICES AGREEMENT (City)
(Manage #609321) April 2010 1 Q
Winzier S Kelly Form (Nov. 2010) (fork)
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: S'everability If any' term or portion,of this Agreement is.'held to be invalid or „
otherwise unenforceable by a court of competent jurisdiction, the provisions of
this Agreement shall continue in full force and effect.
30. No Third Party Beneficiaries The Parties do not intend to create, and nothing, in. this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation The Parties agree to make a good faith attempt to resolve any dispute arising
out of'this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the.costs of:mediation equally.
32. Consultant's Books and Records
A. Consultant shall mai
- 'ntam any and .all ledgers, books of': accounts, � .invoices,
vouchers, can checks, and other records r' do cuments 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„ d ocuments 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.
y may .be lost or
D. Where Cit � has reason to believe that such records orminat, documents
f Consultant' "s
r docume
discarded ' due to dissolution, disbandment or to on
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 shah be granted to any party authorized by Consultant; Consultant's
representatives, or Consultant's successor in interest.
33. Headings The headings used in this .Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
� II'
PROFESSI_O n1L SERVICES AGREEMENT (City) .
(iManage#6093�1) April 2010
Winzler & Kelly eorm,(Noy °3010) (fmk) l'l
34. Survival All obli at>ions arisen lie term
�� g "' ' g prior;t ; � tnatlon or eXplration ,of this Agreement
and ate provisigns, of this. Agreement allocating' liability between ° City and Consultant
shall survivc therm natlon'or explration�of`;this Agreement. '
35. Entire Agreement This Agreement; including the exhibits.. attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties fiereto have executed this document the day.'month and
year first above written.
�KP?�
CITY OF PETALUMA CONSULTAN "I' Y
u
B
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
n
.City AttomeY
APPROVED:
Department Director
APPROVED:
Risk ^Manager
APPROVED:
Y—
Na
Title '
Address
sc� a 054 , CA I 7
City State Zip
(o$
JC
oTY9l y
Taxpayer
I:D'. Number
o% oc& q& o35 "y2
Petaluma Business Tax Certificate Number
Finance
fil'e'name: Si \dlP \W EP,\ \Wiimn ton Pump Station \AgmmemeritslPfofessional Service &K reement W
AST>;WAT 05001,500 . g � ( )'
i
8
PROFESSIONAL SERVICES AGREEMENT (City)
(iManage 960932 1) April 2010 I2
Winzler & KellyForm (Nov:2010) (fnik)
City of Petaluma
I
Wilmington Pump Station (Project No. 0005001400)
DETAILED SCOPE OF WORK
May 19, 2011
The following detailed scope -of work is for the City of Petaluma's Wilmington Pump Station upgrade
project. The services covered under this contract are design professional services and will'be performed
under the responsible. charge of'a Registered Engineer in the State of California.
1. PURPOSE
1996. The:existin mechanical and electrical a ui ment is reaching tki nd was last upgraded in
n Pum s ,
g , e end of its °useful service
The Wilmington
is re ularl , en a ed "'in ' maintenance and rep
g p tation�,is the "east side's primary pump
life and City ,staff g g y g g e p airs 6kee,p the facility:functioning.
The purpose this project is to assess the condition of the exlsbng structure and.equipmerit,
provide design of a new,pump station, and assist the City with bid services and engineering
services during construction of the project. Design will be based on, the followingL assumptions:
• The City does not currently have a reliable means to measure flow rates entering orQeaving
the existin urn station but based on the , of the pump
g g p pp tY p p p s installed in 1,996 the
;
existin firm ca aci of the' um station is re orted to be about &9 mgd. The City is
installing a flow meter under a separate project which should be operational by. July 1, 2011.
Winzler & Kelly evaluate flows and recommend,.flow design criteria but if improvements
are „needed o the force main, services relating to the force main -would be considered
additional services:
• The existing wet well structure and'valve vault will be reused. If the�condition assessment
reveals that the,structure cannot be used and a new wet weN must be constructed, the City
and Winzler & Kelly will renegotiate the scope and fee accordingly.
o The existing pumps and valves will be replaced. New check valves will be selected for fast-
seating to reduce slamming after pump shut down.
• SCADA will be proyided for monitoring and "control of the new pump station. The
SCADA system will°conform to the City's new system installed at the treatment plant. The
project does not inclutlry) ra study or design of a repeater,station; this would be provided
b the Cit if necessa under a separate project.
o A new building will.be constructed to house the electrical equipment (except the transformer
and standby generator) and the existing MCC'pa,d that is?struicturally failing "be
abandoned 'and removed. The building will have architectural,i reatment °that take into
account its "setting within a residential neighborhood.
o Consistent with practices at other City pumping stations provide fire "and intrusion monitoring.
Provide raceways and junction boxes for future video monitoring.
Odor control will be provided for foul air vented' wet. well. It 'is anticipated that this will
consist of'a soil bed system.
13
�I
Wilmington Pump Station (Project No. 'CO0500 f 400) .
Scope of Work
Page 2
2.
• The design will include new - fencing for,secuhty and landscaping to soften, the visual impacts
of the facility. It is assumed thatthe oak tree in the center of the property can be removed to
make room for the required improvements, and construction activity required for this project.
• Bypass pumping will be required during construction of the. project and the design will include
design and performance, criteria forJI16 temporary facilities.
• PLC and HMI programming are included in this Scope.
BASIC SERVICES
The task numbers in
this Scope of Basic Services are associated with the,fee. .schedule provided.
Task 9.0 — Project Management
1.1 Prepare Work Plan
Winzler & Kelly will develop a detailed Project Work Plan for the team to use as a basis
for project execution. The'work plan will include:
• Project'background, purpose and measures of success
• Funding sources and budget constraints
• Project completion schedule and key milestones
• Project team organization, contact information and communication protocols
• Permitand CEQA requirements (as applicable)
• Detailed scope of services
• Project invoicing requirements, budget estimates and charge codes (for
consultant team)
• City standards and consultant standards (as applicable)
1.2 Project Kickoff '
Winzler &Kelly will conduct project kickoff meeting with the City and key consultant staff.
The.kickoff meeting, will be used to review the Project °Work Plan, gather background
information, and solicit input and questions from City staff,
1.3 Monthly Progress Reports
Winzler & Kelly:will,submit progress reports each month summarizing the work
accomplished irr;that period, critical issues requiring resolution, and'budgetstatus. The
progress reports "provide the City an at= a= glance''summary'of the major issues'and overall
project status.
1.4 ProjecYTeam Coordination
J
Winzler & Kelly'will regularly evaluate project staffing requirements and assign staff as
needed to meet;project quality and schedule requirements. This task includes staff
14
Wilmington Pump Station (Project No. C005001400)
Scope of Work
Page 3
coordination meetings necessary to communicate key project issues as-they develop
durin the course o h a work.
1.5 QA /QC Reviews
Winzler & Kelly will perform review of all :deliverables by our designated QA/QC engineer,
and a constructability review of the design submittals by an experienced construction
inspector for mechanical and electrical systems at wastewater facilities.
Task 2.0 — Field Investigations
2.1 Geotechnicabinvestigation
2.1.1 Geotechnical Investigation and Report
Winzler & Kelly,will contract,with Miller Pacific to complete, the work associated'with this
task, which includes review of readily- a vailable reference materials in our files including
mapped geology, and database of local projects:
Subsurface exploration will consist of a single auger.boring to -a depth of 25 feet within
the pump station site. Boring will be backfilled upon completion, although groundwater
levels will be monitored for a few days prior to backfilling. Laboratory testing of soil
samples will be performed Miller Pacific's Caltrans' ce'rtified'iaborato.ry to determine
pertinent material properties, including soil classification, unconfined compressive
strength ofisoil, moisture- density, and corrosion parameters such as resistivity, pH,
sulfates and chlorides'.
2.2
site and excavation conditions, geologic hazards and' ' _ tion: measures, design criteria
antici ated roundwater levels and other eotechnical items nd design
design criteria,
for shoring systems, structural foundation alternatives and,ge
p , 9. 9 and design
recommendations.,
A Geotechnical Investigation Report will'be! prepared irrith a comprehensive discussion of
Hazardous Materials: Study — Lead and Asbestos
2.2.1 Hazardous Materials Survey & Report
Winzler & Kelly will review record drawings provided by the City and conduct a pre -
demolition asbestos and hazardous material study of the existing structures and
equipment. Based on age.of the existing pump 'station, it is likely to contain lead -
containing, asbestos- containing materials and other hazardous materials such as PCB
ballasts and Universal Wastes. As >the.pump station is still' in use, destructive testing to
reveal concealed conditions -will not be conducted. Sub- surface sampling or investigation
is not included m this scope of work.
A.. Asbestos - Su.Ney,Strategy '& Methodology
The asbestos survey will be conductedlin accordance with the requirements of 8
CCR'1529; AHERA, and NESHAPS requirements. Samples +will be °collected as
necessary based on a visual survey of the structures and 'associated equipment.
The survey will be'primarily non - destructive as the facility`is operational:
b3 Lead -Survey Strategy & Methodology
15
Wilmington Pump Station (Project No..0005001400) -�
Scope of Work
Page 4
y m lish
The lead surge' will beacco p edutilizing a NITON XL�x -ray fluorescence
(XRF) spectrum analyzer The;' XRF utilizes d" nondestructive means for direct
reading 'measurements to determine the presence of pump?station components
coated with lead -based paint, or lead containing surface. coatings. The lead-
based paint;(LBP). survey to be accomplished is a construction -level LBP survey
that is.used to..quicklyscreen areas for the presence of 113 P' without. the need for
exhaustive or destructive testing operations. Where deteriorated paint is present,
Winzler & Kelly may also. include paint chip sampling and analysis to'supplernent
the XRF testing. Paint chip samples if collected, will include all layers of paint
and will be sent to an accredited laboratory for analysis.
C PCB, lJniversallWaste (UW),,and other Potential Ha'z'aHous Materials
C.
Methodology
Winzli2r'�& Kelly will conduct a visual survey for the, presence of Polychlorinated
Biphenyl,(PCB) containing transformers and' lighting.ballasts, Universal Wastes,
and other hazardous materials. Lighting fixtures suspected to contain PCBs
ballasts, mercury- containing light tubes, non = incandescent amps, and mercury-
containing thermostat switches will identified.,by entering each area, assessing
suspect '.assembiie,s that may contain PCB's, light tubes, other non - incandescent
light bulbs, or mercury- containing switches °and calculating the total quantity of
suspect assemblies.present. During this task samples will not be taken to confirm
the presence of suspect hazardous material.' Typically, if suspect pre -1979
lighting ballasts are not clearly labeled as ''PCB Free" or identified as electronic, 11
they must be:considered to contain PCBs. Other suspected hazardous materials
such'as systems with refrigerant gases will also be noted when observed.
D. Hazardous Materials Reporting
ell p providing a summary of 11, i
Wmzler & K y Will re are a beef transmitta,
listin
I report
asbestos and lead samplingitest results br4;a g;of other hazardous
materials identified. the summary will'provide recommen'dations removal and
d'ispo'sal ofmaterials requiring removal priorto demolition and address materials
that -can be .demolished in place. Analytical' laboratory reports will be, included as
an attachment with chain of custody records. An asbestos and lead table will be
included in.the `report that includes the sample•or test'material descriptions along
with sampleltest location information.
2.2.2 Hazardous Materials Abatement Specification
Winzler & Kelly will develop an integ rated =specification;for an appropriate, legal
UniversapWaste (UW) materials ound nnand the .,,binding
and com liantmethod gy ntifiedwasbesto s, lead,.and
will cover a plicable regulatory requirements for notification The "`specification
' p g ry q _ ; removal, clearance,
transportation and disposal. Winzler'& Kellywill prepare the abatement
specification Section 02081 in CSI format,for this.abateme,nt and demolition
pr6ject- wi ill it with'thel 'rest;,of, the 'contract documents.
Task 3.0 — Pump Station Condition Assessment
3.1 Review, Background Information
Winzler & Kelly will review record drawings and specifications; pump data, equipment
literature and maintenance records for the existing conditions at the Wilmington Pump
16
Wilmington Pump Station (Project No. , 0005001.400)
Scope of Work
Page 5
Station. fhe ;backgroun,d,inforrnation �will consist of,any records thatAhe City can provide
that documents existing conditions and historical performance' of the facility.
3.2 Site Inspections
Winzle'r & Kelly- 'will perfoil sitei inspection of the facility City operation and
maintenance staff to visually inspect the Cond r it of the e'c' anical' and electrical
equipment and the existing structures, and to discuss performance and maintenance
issues with G,ity'staff: No confined space entry will be° performed by''Winzler�& Kelly
during the�sit'e inspection.
Winzler & Kelly will also evaluate existing.dry weatherflows usingdata from the new flow
meter the Wilmington Pump Station force main, purl lflow tests at the Pengrove and
Wilmington Pump Stations, and anecdotal information frorn O&M staff for number of
pumps.operating during majorwet weather events.
3.3 Pump Station Assessment Report
Winzler' &'Kelly will prepare a Pump Station.Assessment Report in the format of a
technical me mor"andurn that documents in summary fashion known conditions of the
existing structures and'Imechanical and electrical, equ; ipment .;'Thesreport�will,also.provide
recommendations to upgrade the facility and - extend'the usefu[life of -the facility for
another 20 years. The recommendations contained in this report Will be used as the
basis for the detailed design provided under Task 4.0 and will include:
Recommended design flow criteria for dry weather,and .wet weather flow
conditions based on estimates from site inspections, (see Task 3.2).
current e o do
on on the reuse of the existing below -grade structure in its
on.
• A recommendation for sizing new pumps to optimize performance and efficiency
''on typical dry weather flows, while als&providing fi,rrn capacity for the
based +.
peak wetweather flow.
• A recommendation on the reuse of the existing electrical service and
transformer.
a A recommendation on the reuse of the existing standby generator and fuel tank.
a A recommendation for the newmechanica[and electrical systems, including
SCADA:.
A recommendation for the design and architectural treatment of a new:controls
building.
A recommendation for odor control.
A recommendation for a new site layout:
A recommendation for fencing, access and landscaping improvements.
A recommendation for temporary bypass pumping and construction sequencing.
17
Wilmington Pump , Station (Project No. C-00500
Scope of Work
Page 6
WinzlerlA Kelly�will submit a�draft�technical memorandum to the Ci y review, rneet :
with the City to discuss review comments and address questions, and4 hen finalize „the
technical memorandum.
3.4 Support for SPAR Review
Winzler & Kellywill' provide =support to the -City for the Site Plan:and Architectural Review.
(SPAR) for the project. Support will include, development of display boards showing the
proposed finished site plan, architectural , renderings.of the finished site looking from °two
vantage points, and details for`the proposed fencing and landscape elements. The City
will facilitate tfi '
re r
view oc ss,and convene a public meeting�to review- the;proposed
g and Pla & Ing lly s Project anager;a
public meetin P Ke M
nd landscape 'architect will attend the
the
'review
n is fir d assist with describing the
proposed imp rovements and answering e y in g q uestions hearing a
the
It
Task 4.0 — Constructiongs, !
n Drawi Specifications, and Estimates
1 '
4.1 Construction Drawings, Specifications, and Estimates
The project:design will'. be.based on the recommendations contained'in the Pump Station
Assessment Report and'will include the preparatioh�of specifications, and
opinion of probable construction cost as follows:
a. Prepare drawings andspecifications indicating the;scope extent, and character
of the'work to be performed and furnished by contractor. Specifications shall
conform to the 16- division format of the Construction Specifications Institute''(CSI
Format).
b. W construction:cost indexed to the ENRCCI for t - P probable
inzler & Kelly ill provide the Citywith a detailed opinion inion of rob
forma � � �he San, Francisco a ” d
rea,an'
tted by CSl specification section.
C. Winzler & Kelly will prepare and furnish draft Bid Documents at the 50 %, 90 %,
and 100% designievels for review by City.
d. Winzler & Kellywill meet with the City -to present each design submittal to City
staff and to receive the City's review comments.
e. The City, will provide front -end (bidding contract) documents to Winzler &
Kelly for modifications and inclusion in the contract`documents.
4.2 Final Bid Documents
Finalize and submitthe Bid Documentsand a revised ; opmion' -of
pro bable construction
cost after receipt of" City's 100 design submittal comments and instructions
Task 5.0 - Bid Phase >Supporf''Services
5.1 Pre -bid Conference
The City will advertise for bids, distribute bid documents and.addentla, and field
questions from interested parties throughoutthe bid phase. Winzler & Kelly's will attend a
,pre -bid conference convened by the City, 'including `an on =site 'walk throughr with
'prospective. bidders, approximately two weeks prior to bid opening. ltis:assumed that.the
City will prepare agenda and minutes and facilitate the meeting and'walk through.
1,8
Wilmington Pump Station (Project No. C00500,1:400)'
Scope of Work
Page 7
5.2 Respoind Bidder's Questions
At the request of the City Winzler & Kelly will assist'the City with responding, to questions
during the bid phase. It is assumed that questions Will be received by and sub sequent'
responses w i ll ,be communicated through the City. Questions from p"rospec"tiv bidders
directed to Winzler & Kelly will be re- directed to.th'e City for proper tlocumentation.
5.3 Prepare Addenda.
Winzler & Kelly will assist the City with preparation of two�addenda to 'cover
questions lclarifications•arising during °the project's bid phase:
5.4 Conformed Documents
Winzler &,Kell Y will P P to are „conformed docunents orthe,;constr,uction drawings and
specifications to include, contract addenda and any other revisions deemed appropriate
during the bid review phase. Winzler& Kelly submit conformed documents in
electronic.form to the. City's preferred printer. It is assumed'that the reproduction costs for
the conformed; documents will be covered by the Cityr
Task 6.0— ConstructionPhaseSup'port'Services
6.1 Pre - Construction Conference
Winzler & Kelly will attend the' pre- construction conference, convened by the City and its
CM representatives..Attending this conference will” be Winzler & Kelly s Project Manager,
Project Engineer, and one .representative from its subconsultant ArcSine Engineering.
6.2 Respond to Formal 'Requests for Information
Winzler & Kelly will respond to formal RFls issued by the City's representative. Routine
RF,Is that do not relate :to design intent are assumed to be handled by the City's
representative. All RFIs!sent to V.Vinzler & Kelly will be; logged, documented, and
communicated to Winzler & Kelly using a standard written format. The budgeted amount
of laboris bas nd 30 RFIs and e f estimate only. RFI; plus administrative and
'
avers a of 4 hours er formal
clerical time, a requirements could vary.
6.3 Submittal Reviews
Winzlerr& Kelly will provide review and comments for techni;.CgIr ubmittals required per
the issued for review b the Cit ,s ittals'will be logged,'
Ke w II be view Y t he checked for completeness, and
t s the esi re, a all r eview o ents b iv'e u sing m m y Winzler
P
nta
y submitted , dire ctly City's p g standard written
format. In general, incomplete submittals will be immediately rejected. Th6Ebudgeted
amount of labor is based on an,average of 4 hours per submittal and a total of 40
submittals. For budgeting,purposes; 25 % of the submittalslare assumed to require re-
submittal and.is an estimate only. Actual requirements, including thetime required for
each submittal review, could vary.
6.4 Construction Changes
Winzlerr& Kelly will review proposed construction change orders involving design intent
nd provide design 'services to implement the change orders at the request of 'the City. It
is assumed
that proposed change orderswill `be issued by the City's representative using
a standard written format, and that Winzler '& Kelly will respond directly`to the City's
19
i
Wilmington Pump Station (Project` o' C005001400)
Scope of Work
Page 8
SUCtio chan ga order, ll hours per '
representative. : The bu deaf plus adm n strat�e l a d cle timavera a of , al "of 4 change-
orders -and is an estimate only. Actual requirements could''vary, includin time`
required for each construction change.
6.5 Construction Meetings and ''Site'Visits
Winzler & Kelly will attend, special as- needed construction meetings and site visits at .
request of the City, and convened by the City's representative. 'It is assumed that-the
City's representative 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 6 as- needed construction meetings and/or site visits, for one
attendee per meeting.
6.6 Startup and Testing
y upe. testi , he request of the City
u and testm at a , and
coordinated
andhoto -doc mentation field o
inz er' ell wi assist with start
y y p enly provide' written 'summaries
p bservations as required. Startup and testing
assistance could be providedfor equipment testmg;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 one full day of the project site for the project team
plus office support.
6.7 Project Closeout
Winzler & Kelly assist With project closeout at the request of the City, and coordinated
by the City's re representative frorn Winzler & Kelly °and one
representative from- ArcSine will "attend a'punchlist and'supply written
summaries, and photo_ documentation of field,o,bservations, :to the Construction Manager.
The budgeted amount of'Ilabor is an estimate.,only and actual requirements could vary.
6.8 Record Drawings'
Up as -b
Y P �, , ,
Winzler R Kell twill incor orate the marked u uilt drawings provided by the City's
include theengineers�s'eal or' g p g s w gil d to the City in
representative drawings and provide record drawin s. Re c
si nature. Record drawin ill be provided to the City in
electronic format.only.
Task 7.0 Programming
In conformance with City standards and. practices, perform PLC and HMI programming and
testing; and develop documentation. Activities include the following`.
a Review of draft control descriptions by programming staff. Edit,•dunng programming and
testing to become the basis for as- built documentation.
O Program station PLC.
P Use tagging and naming yin accordance with City standard practices.
• Expand the exist ng;WRF SCADA system with new content''toaccommodate the station in
the areas;'
Displays
20
Wilmington Pump Station (Project No. C005001400)
Scope of Work
Page 9
;Databases
Y Alarm notification
Y HELP
Y Troubleshooting Support System
Y Password Protection
Y Make data connections to existing geographically- oriented overview screen
In conjunction with the above; program and configure station- specific screens and data
structures to. comprise the graphicaI,display at the station.
Develop within .-the WRF a new overviewscreen to.depict_the'City's wastewater facilities
which.are remote from the WRF. Include similar schematic relationships for all of-the
City's wastewater pumping stations. Include detail forthe following cases where SCADA
is (or will beat that time) functional:
Y Wilmingtow(this project)
C Street (SCADA to be completed 2011)
Y PIPS (basic SCADA monitoring exists as of 2011)
I l Y WRF Headworks Flow (relevant to PIPS)
This - overview screen will display summary information, and alarms, and will,provide
navigation to station - specific SCADA screens.
The following stations are slated for future SCADA and will be shown as'placeholders on
the new overview screen:
Y Oakmead.
Y Factory . Outlet
Y Victoria
Y Copeland
Y Redwood
Y Payran
Y Prince Park
If the City requests, also include the recycled wate pumping stations on this overview
screen.
Rec s and � sta uments
strl ranges, zeroes, and fail configurations for Contractor-
21
Wilmington Pump Station (Project No. C00500:7400)
Scope of Work
Page 10
• Program PLC autornatic�control actions to coordinate with station'hardWired backup
controland station commercial power /standby power.
• Programcommunication `simanagement. However, no interlocking between the station
and other location(s)' is required; thus, no, special response is needed on loss of
communications.
• Develop factory "proced,ures for PLC programming test unwitnessed. Complete and
file written test results with existing'WRF test results..
• Expand'ithe factory test procedures for field testing; participate in operational readiness
testing and functio'nal:acceptance testing.
• Provide as -built control descriptions, and merge intocthe City's existing control
descriptions.
o Provide brief training of City personnel.
3. DELIVERABLES
Task 1 — Project Management
Y Project Work Plan (electronic)
o Monthly Progress Reports (electronic)
Task 2 — Field .Investigations
• Geotechnical Report (electronic)
• Hazardous „ 1M6tenals,SurveyReport (electronic)'
• Hazardous Materials ,Abaternent Specifications (with design documents)
Task 3 Pump Station Condition Assessment
• Draft Technicaf Memorandum (electronic)
• Final °Technical Memorandum (electronic)
• Presentation boards and renderings for SPARC review and public : m.eeting '(1 set)
Task 4 Construction Drawings, Specifications, and Estimates
Preliminary Bid "Documents at the 50 %, 90% and 100 % design levels (5 paper copies,
'iv x 17 "; 1°electronic copy)
Final Bid Documents (1 original, wet -stamp set of 11" x 17" plans and specifications, the
CAD'files all 'of' "the'drawings, pdf copies of the plans in both 1 V x 17" and 22” x 34"
22
Wilmington Pump Station (P-roject'No. 600500'1400)
Scope of Work
Page 11
formats, and the Word files of 'the specifications) The Engineer shall submit the final
deliverables, including Conformed Documents to the City on a CD -ROM.
Task 5 Bid, Phase Support Services
• Addenda (electronic)
• Conformed documents (electronic)
Task 6 — Construction Phase �Support Services
• Record drawings�(electronic)
Task 7 — Programming
• Testing procedures and result's � .
• As -built control descriptions
4. C S SPONS
' ITY RE. IBILITIES '
in addition to other responsibilities of.the City as set forth in theiAgreemeint, the City shall at its
expense:
1. Following Winzler & Kelly'sassessment of initially - available Project information and data
and upon its xequest,;furnish or otherwise make available such additionaf'Project related
information and data as is reasonably required to enable Winzler &. Kelly to complete its
Basic and Additional :lSerjrices. Such additional information or. data °would generally
include the^foliowing
a. Preliminary title reports for APN 007- 4;41 -005 and AP 007 -441 -006.
b. Zoning, deed „ and other land use restrictions.
C o e v or
ntalenSeonmental au d i ts, in and impact statements, and
other e
_ _ l dies as fo; the Project, the Site, and
adjacent areas.
d. Data or consultations as required for the Project_ but nof;�otherwise' identified in
the Agreement°b'r the Exhibits thereto.
e. Topographical and property boundary survey mapping forthe project site�and
adjacent street including all surface features; structures, buried utilities with invert
elevations„ and trees including thetrunk diameter and species. Survey mapping_
shall beprovided using a template provided'. by Winzler& Kelly using AutoCAD.
2011.
2. Give prompt written notice:fo,V inzler & Kelly`wheneverthe City observes,or otherwise
becom
es aware of the presence at the `site of,any hazardous material, or ofany other
development that °affects the scope or time of'performance of Winzler & Kelly's services,
or any defector nonconformance in the work or in the performance of any contractor.
3. Authorize Consultant to provide Additional.. Services as set forth in Section 5 below as
required.
4. Arran , fors
g afe access to;and make all provisions for Winzler & Kelly to enter upon
23
,
r
Wilmington p (. t ct N , .
rlmin on Pum" Sfation" Pro'e o. 0005009400 ,
Scope of Work
Page 12
public�and private property as required for Winzler & Kelly to perform services under the
Agreement,
5.
Examine all alternate solutions, studies, reports, sketches, drawings specifications,
proposals, and other documents presented by Winzler & Kelly (including obtaining advice ,
of an attorney, insurance counselor, and other'advisors or ".consultants as.the City deems
appropriate with'respect to such examination) and render in writing timely decisions
pertaining thereto.
' 6.
Provide tevrews; approvals CEQA doc permits ermits'frorn all governmental
authorities having jurisdiction to approve all phases of the Froject,designed or specified
by Winzler�,8t. from others as may be wll
necessary for ompletion of each phase of the.P ojectonsents
7.
Provide, as required for the Project:
a. Accoun b Financial advisory, independ nt costlestimating, and'
ting, bond and e
insurance counseling services.
b. Legal services with regard to issues pertaining, to the Project as the City requires,
Contractor raise's, or Winzler '& Kelly reasonably requests.
C. Placement and payment for advertisement forbids inappropriate publications.
8.
Facilitate the pre -bid conference, bid opening, and other job related meetings not
covered in the Basic Services.
9.
Provide for the printing andldistribution of bid documents,;addenda and conformed
drawings.
10.
Perform review of bids, received and make recommendation for award of contractlo the
lowest qual fied''bidder.
I
11.
16"
including ngineer, onsite inspection, and
P ohtractfatlm�n
stration dutaes asthe City esentatjve.
y p
12.
� , "arr testing, laboratory to all inspections,
Provide the "services of
ment required byth s Bid
tests, and a ro P d equipment
,
the performance of` imaten q p facilities of'the
Documents, or evalu" �ls e w ment and
ate
City, prior to their into the work With appropriate - professional interpretation
thereof.
fl ,
Provide Winzler'& Kelly with the findings and rep_ orts generated by the entities providing,
services to the City.
5. ADDITIONAL
SERVICES
Winzler & Kelly's Additional Services are services the City authorizes or:requests'Wnzler & Kelly
to provide that are in addition to or a change in Basic Services. They shall be paid for by City .as
provided in the Agreement 'in addition to the compensation for `Basic'Services` Winzler &'Kelly
may provide Additional' Services.if`agreed to in writing by City and Winzler &I'Kelly: Services
'duriri`g constructiorl extra and not included in the Basic Scope of'Services.
Additional ''Servicescould include:
24
I, ,
Wilmington Pump Stetion;(Project No. `C005001400)
Scope of Work
Page: 13
1'. Preparation of applications and supporting documents for private;or governmental grants,
loans advances in connection with the Project; preparation or review of environmental
assessments and impact statements, review and evaluation of the,effects on the design
requirements for the'Project'of any-such statements and documents.prepared by others;
an&assistance in obtaining approvals of`authorities having'jurisdiction over the
anticipated environmental impact of`the Project.
2. Services to make measured drawings of onto Verify the accuracy of drawings or other
information furnished by the ,City or others.
3. Services resulting from significant,changes in the scope, extent, or character of,the
portions of the Project designed or specified by Winzier & Kell,y or`its design
requirements inciuding,,but not limited to, changes in size, complexity, the City's
schedule, Character of construction, or method of financing; and revising pkeviously
accepted studies, reports, drawings, specifications, ,or Contract Documentstwhen. such
s a b or are due to any other causes beyond Wi subsequent to the
date of this Agreemen
d Winzler &Kelly's control:
4. Services
ng fromahe City's request to evaluate.additional alternative solutions
beyond . those identified in 'the scope of Basic Services, including' pre - purchase
documents for'long -lead time equipment (i.e., pumps,a'nd'motors, generator).
5. Services required as a result of the City's providing incomplete orincorrect Project
information to Winzler & Kelly.
6. Providing renderings or °models for the City's use.
7. Undertaking investigations and studies including, but not limited to,.detailed consideration
of operations maintenance, and overhead expenses;1he preparation of`feasib'ility
studies, cash #low, and economic evaluations, rate schedules, and appraisals; and
assistance in obtaining financing the Project.
8. Furnishing services of subconsultants for other than Basic Services.
9. Services attributable'to.rriultipie prime construction contracts.
10. Preparing for, coordinating with, participating in and responding to structured
independent review pr'oce'sses, including, but- °notilimited�to,,construction management,
cost estimating project review, value engineering, and constructabilify review
requested by Client; and performing or furnishing services required to revi -e stud es,
reports, drawings specifications, or other Bid Documents as a result such review
processes.
11.. Preparing additional Bid Documents or Contract Documents for alternate bids!!or prices'
requested by the City forthe Work or a portion thereof:
12. Determining the acceptability of substitute materials and equipment proposed during the
bidding when substitution prior to the award of contracts is allowed by the•Bid
Documents:
1 & Assistance in,:connection with bid protests, rebidding,_or renegotiating contracts for
construction materials, equipment, or services.
14. Radio path study or repeater station.
25
Wilmington Pump Station "(Project No.'0005001400)
Scope of Work
Page 14
15. Evaluation of the force nd subse uent engineering services relate d the force
main�.a �
Q
maiato han'dle'flows above 7 mgd.
16. Other services performed or furnished by Consultant not otherwise provided"forIn the
Agreement.
26
1
o l
A
9
do
1
o l
A
9
Will
I I
m
1 10
11111111111111
Ill
111111
.1
Fil
IIIIIIII
111111111111
Amr
A r
0
u
27
W INZLER( KELLY
FEE S_ CHEDULE, - NORTHWEST
(Effective February 2011)
Hourly Rates
Principal
$ 180 -260
Senior Project Engineer
130 -190
Project Engineer
105435
Staff Engineer
9.5 -105
Senior Project: Scientist
135 -160
Project Scientist
90
Staff Scientist
70 -100
Senior Planner
195 -160
Staff Planner
90.100
3- Person Survey Crew
255 -390
2- Person Survey Crew
170 -270
1- Person Survey Crew
85.175
Construction Manager
100-170
Construction Inspector
85.125
Professional Land Surveyor
145 -160
Staff Surveyor /LSIT
95 -115
Technician
60.100
Designer
80 =120
CADD
65.105
Project Administrator
85.125
Word Processor & Clerical Support
45 =90
Employee. time iwill be bille.di in accordance the;fees listed above.
These rates are subject to
change on a semi- annual"basis. For other than professional employees,
time spent over 8 hours
per day, time'spent on swirig'shifts,,and °time spent on Saturdays Will be.charged at 1'.5 times the
hourly billing rate. Work on Sundays wiltbe charged at 2.01imes the
hourly billing rate and holiday
work will be,char ed at 2'5 y rate. All field personnel charges are portal.to
Z5 ime , t
I not be ch illing
portal. Professional employees arged out at premium,charge rates for overtime work,
Expen'sesi and other similar project'relatedreosts including. subconsultants are billed out atco tplus 5 %.
The cost of using equipmeni'and specialized supplies is billed on the
basis of employee hours dedicated
to projects. Our rates are:
A. Office consumables $6 00 /hr
B. Environmental Dept/Construction Inspector consumables S11.001hr
C. Survey',Field consurnables $1450 1hr
D. Various Environmental, Construction and Land Surveying Equipment At market
Payment for'work.and,expenses is due and payable upon receipt of our invoice: Amounts unpaid "thirty
(3t)) days after the issue date of our invoice shall be assessed.azlservice charge of one and one half
(1.5) percent per month:
t•) y pp
Fhese� rates do not a 110 forensic- related services, or tovroi•k 10 r which Prevailing Wage obligations
exist. it,ls,the resppnsibilityorthe client to notify Winzler & Kelly in writing,if Prevailing Wage obligations
are applicable, in which case the fees will be adjusted proportionate'to.the.increase in labor cost.
NW Fee Schedule Feb 2011
28
Consultant's performance of the Services under this Agreement shall note commence until `
Consultant shall have obtained ,all insurance required under this paragraph and such insurance'
shall have been approved by the, General Counsel 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 extensio owing the Agreement
g y n .�
thereof;ar`id for twelve addittonal months. o
termination or expiration.
A. Minimum Scope oflfisuranc'e
Coverage, shall be kleast as bfoe'd as
�
1. Insurance Services O Commercial General Liability coverage:
a. Personall4jury;
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 PCDC.
B. Minimum Limits of Insurance
Consultant shall maintain, limits no less than:
1. General Liability-: $1,000,000 per occurrence for bodily injury, personal injury
and: property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the, general aggregate -limit shall
apply separately to this Agreement or the general_ aggregate limit shall bel 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 $4 "000.,00O policy limit:
Bodily, lnjury,byDisease - $1,000,000 each employee.
4. ProfessiohalLiabilify insurance: $1
5. Such other'insurance coverages,andlimits as may be required by - the PCDC.
C. Ded and, Self Insured Retentions
An deductibles or self- insured retentions must be declared 'to and, approved by the
PCDC. At the option' of the PCDC, either: the insurer shall reduce :or eliminate such
Exhibit B2
Page 1 of 2
INSURANCE`REQUIREMENTS (PCDC) 29
(Napage #609326) June 2010
i
deductibles or espects the 'P ° its officers, official
s,
self insured rete CDC i,
em to ees and volunteers .or the Consultant shall procure a bond'
nt>ons, as r
p y guaranteeing payment
of losses and,related "investigations, claim adm nistratiori'and defense expenses.
D. Other Insurance 'Provisions
The re uired
general liability and automobile' policies e end I
q g � y � � p „� , , , orsed�to I. �
are: to contain, or b
contain the following provisions:
1. The City of Petaluma and the PCDC, 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 of Peialuma:and the PCDC, its officers, officials, employees,
agents or volunteers.
2. For any claims related to this project, the Consultant' & insurance coverage shall be
primary insurance as respects the PCDC, its; officers, officials, employees, agents
and volunteers. Any insurance or self - insurance maintained by the PCDC, its
officers, officials, employees, agents .or volunteers shall' be excess of the
Consultant's'insurance and shall not contribute withit.
3. Any failure to comply -with reporting. or other provisions of the policies, including
breaches of ,warranties shall not affect coverage. - provided to the PCDC, its
officer's, 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 _limitsl: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 in limits except after thirty (30) days' prior written notice by certified
mail, return receipt,requested, has been given to the PCDC.
6. Consultant agrees to waive subrogation rights against; PCDC. regardless of the
applicability " ins urance p roceeds " , 'and to' require all contractors,
pp y of any y
subcontractors! or others involved in any way' with the. Services to do likewise.
IE
al I
1 4 1
E. Acceptability of Insurers jI,
Insurance is to be placed with insurers with a current A.M. Best's rating, of no less than
L.
.A:VII.
F. Verification of Coverage
Consultant shall furnish. the PCDC. with original endorsements effecting coverage
required by this,clause: The endorsements •are to be ; signed by a person authorized by that
insurerto bind coverage on its behalf, All endorsements are to be received and approved
by the'PCDC before the Services commence:.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREMENTS (PCDC) 30
(Manage #609326) June; 2010
Wil MANG-TON PUMP STATION
IMPROVEMENTS
'P R 0 J E C T N O. C00501400
LOCATION MAP.
A