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HomeMy WebLinkAboutResolution 2005-133 N.C.S. 08/01/2005 Resolution No.2oos-133 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE COVELLO GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN SUPPORT OF CONSTRUCTION OF THE ELLIS CREEK WATER RECYCLING FACILITY WHEREAS, in 1938, the original wastewater treatment processes were constructed at 950 Hopper Street; and, WHEREAS, to meet the community's needs and changing regulatory requirements, various upgrades and additions to the wastewater treatment plant were conducted through the 1960s; and, WHEREAS, in 1972, the oxidation ponds were constructed at 4400 Lakeville Highway to provide additional treatment capacity; and, WHEREAS, in 1988, with influent flows exceeding 75% of the permitted capacity of the wastewater treatment facility, and necessary upgrades to the facility to increase treatment capacity and continue to meet the needs of the community were determined to be too costly, the City determined to replace the existing wastewater treatment facility; and, WHEREAS, in 1991 the City executed a Memorandum of Understanding with Envirotech Operating Services (EOS) to design, build, construct, own and operate (20 years) a new wastewater treatment facility (Resolution No. 91-107 N.C.S.); and, WHEREAS, on July 31, 1991, EOS submitted an application to the California Public Utilities Commission (CPUC) seeking an exemption from CPUC regulation under the California Local Government Privatization Act of 1985; and, WHEREAS, on October 21, 1991, Administrative Law Judge Ramsey determined that the MOU did not meet the requirements of the Public Utilities Code and ordered that "the application is denied without prejudice to refiling after amendment"; and, Resolution No. 2005-133 N.C.S. WHEREAS, in February 1992 EOS and the City mutually agreed to rescind the MOU; and, WHEREAS, on June 20, 1994, following a report prepared by Ernst and Young, the City Council adopted Resolution No. 94-156 N.C.S., which directed that the Service Agreement Approach (privatization) be utilized for procurement of a new wastewater treatment facility; and, WHEREAS, on June 17, 1996, the City Council adopted Resolution No. 96-163 N.C.S., which certified the Final EIR documents, Resolution No. 96-164 N.C.S., which approved. the Project, and Resolution No. 96-165 N.C.S., which approved and authorized issuance of the Request For Proposal; and, WHEREAS, on July 17, 1996, the RFP was issued to five pre-qualified vendor teams; and, WHEREAS, in January 1997, the City received proposals from Montgomery United Water (MUW) and US Filter/EOS; and, WHEREAS, the Citizens' Wastewater Advisory Committee considered the proposals on May 28, 1997, June 3, 1997, June 4, 1997, July 2, 1997, October 20, 1997, October 30, 1997, November 4, 1997, November 18, 1997, and on December 3, 1997; and, WHEREAS, the City Council considered the proposals on July 7, 1997, September 8, 1997, September 15, 1997, September 22, 1997, September 29, 1997, October 6, 1997, December 3, 1997, and December 8, 1997; and, WHEREAS, on January 5, 1998, the City Council adopted Resolution No. 98-11 N.C.S., which selected MUW for contract negotiations; and, WHEREAS, negotiations with MUW on technical, legal and agreement issues began on January 27, 1998 and proceeded through spring 1999; and, Resolution No. 2005-133 N.C.S. Page 2 WHEREAS, on September 21, 1998, the City Council, recognizing the need for development of a public alternative to the proposed privatization project, approved preparation of the wastewater treatment facility master plan; and, WHEREAS, on September 21, 1999, the City Council adopted Resolution No. 99-188 N.C.S., which terminated the privatization process and established City ownership of the new wastewater treatment facility. Reasons cited for this determination included, among others: / Risk of Change Required Over 30-Year Contract Term. Changes in the City's needs may occur during the 30-year life of the contract. The City is at a disadvantage by being able to negotiate with only one party for changes in the facility's capacity. Requirement of Fair Market Value Purchase. In order for MUW to retain tax ownership, the City's option to purchase the facility at the end of the contract term would have to be at fair market value. The price of the facility could not be fixed in the contract, but would depend on the value of the facility at the time of the exercise of the option, thereby putting the City and ratepayers at risk of having to pay for part of the plant twice. 1 Lack of City Approval of Design. In order for MUW to retain tax ownership, Section 4.8.1 of the agreement limited the City's participation in the design process. / Third Party Services. In order for MUW to retain tax ownership, Section 5.2.4 would allow the Company to provide services to others (in addition to the City) at the Project Site. 9 Inability to Agree On Contract Language. After extensive negotiations between the City and MUW, specific contract language on the above and other critical issues could not be agreed upon. WHEREAS, on September 21, 1999, the City Council adopted Resolution No. 99-189 N.C.S., which approved the Wastewater Treatment Master Plan, with the understanding that the Master Plan's recommended project would be further reviewed to address questions asked by the City's independent wastewater professionals; and, Resolution No. 2005-133 N.C.S. Page 3 WHEREAS, on October 29, 1999, the City issued a Request For Proposal for engineering services in support of the water recycling facility project (new wastewater treatment facility); and, WHEREAS, the City Council adopted Resolution No. 00-66 N.C.S. on April 3, 2000, which authorized the City Manager to execute a professional services agreement with Carollo Engineers for engineering services in support of Phase 1 -Project Report of the Water Recycling Facility Project; and, WHEREAS, five alternatives for the new water recycling facility were presented at a Public Forum at the Community Center on June 14, 2000; and, WHEREAS, the City Council heard a discussion on the criteria for evaluating the alternatives on September 5, 2000; and, WHEREAS, the results of the analysis and comparison of the alternatives were presented at a Public Forum at the Community Center on November 8, 2000; and, WHEREAS, the City Council considered and discussed the Draft Water Recycling Facility Project Report (Carollo Engineers, November 2000) on November 20, 2000; and, WHEREAS, the City Council adopted Resolution 00-214 N.C.S. on December 11, 2000, which approved the Water Recycling Facility Project Report (Carollo Engineers, November 2000), selected Alternative 5 -Extended Aeration as the preferred alternative for the new water recycling facility, and identified Option A -Wetlands as the preferred alternative for algae removal over Option B - DAFs; and, WHEREAS, the City Council adopted Resolution 00-215 N.C.S. on December 11, 2000, which authorized the City Manager to execute a professional services agreement with Carollo Engineers for professional engineering services in support of Phase 2 -Project Development of the Water Recycling Facility Project; and, Resolution No. 2005-133 N.C.S. Page 4 WHEREAS, the City Council considered the Water Recycling Facility Project and the Draft Water Recycling Facility Predesign Report (Carollo Engineers, November 2001) on November 14, 2001, November 28, 2001, December 17, 2001 and January 7, 2002; and, WHEREAS, the City Council adopted Resolution 2002-012 N.C.S. on January 7, 2002, which approved design parameters for the preferred alternative for the water recycling facility project and authorized completion of the environmental impact report; and, WHEREAS, the City prepared Water Recycling Facility and River Access Improvements Draft EIR (April 2002) and distributed it to the California State Clearinghouse and to all responsible local, state and federal agencies involved in the Project and made it available for public review; and, WHEREAS, the City Council held noticed public hearings on May 13, 2002, and May 20, 2002, during which all interested persons were provided an opportunity to comment on the - adequacy of the Draft EIR; and, WHEREAS, the public review period for the Draft EIR began April 15, 2002, and closed May 29, 2002; and, WHEREAS, the City prepared Water Recycling Facility and River Access Improvements Final EIR and Response to Comments (July 2002), which responded to comments received on the Draft EIR. The Final EIR did not identify any new significant impacts that had not been previously evaluated in the Draft EIR. WHEREAS, the City Council held a noticed public hearing on August 5, 2002, to consider the Final EIR; and, WHEREAS, after due consideration, the Petaluma City Council adopted Resolution 2002-135 N.C.S. certifying the Final Environmental Impact Report for the Water Recycling Facility and River Access Improvements Project and made the following findings on August 5, 2002. Resolution No. 2005-133 N.C.S. Page 5 1. The Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. 2. The documents referenced below constitute the Final Environmental Impact Report and were presented and considered along with both written and oral comments received during the public review period on the Project and environmental documents: a. Water Recycling Facility and River Access Improvements Draft Environmental Impact Report, in two volumes (April 2002). b. Water Recycling Facility and River Access Improvements Final Environmental Impact Report and Response To Comments (July 2002). 3. The City Council, as the decision making body of the City of Petaluma, independently reviewed, analyzed and considered the information in the Final EIR and found that the contents of the Final EIR reflect the independent judgment of the City of Petaluma 4. The Final EIR was published, made available and circulated for review and comment. WHEREAS, the Project certified in the Final EIR included locating a portion of the treatment plant at 4400 Lakeville Highway, the current site of the City's oxidation ponds (APN 0680-010-025, 032 and 024), with polishing treatment wetlands located at 4104 Lakeville Highway (APN 068-010-026, and 017-170-002); and, WHEREAS, the City completed approximately 50% design of the facility in November 2002; and, WHEREAS, through the value engineering effort conducted in December 2002, it became apparent the alternative of locating the water recycling facility at 4104 Lakeville Highway and preserving the oxidation pond site for its current function warranted further evaluation; and, Resolution No. 2005-133 N.C.S. Page 6 WHEREAS, to construct the water recycling facility at the oxidation pond site would require the removal, drying and disposal of sludge from the aerated lagoon and oxidation pond no. 1, construction of a pipeline to deliver influent to oxidation pond no. 2, the construction of aerators in oxidation pond nos. 2 and 3 to maintain and improve treatment capacity, and require the placement of approximately 250,000 cubic yards of imported fill in the oxidation pond no. l; and, WHEREAS, a feasibility study determined that locating the water recycling facility at 4104 Lakeville Highway was feasible and yields many benefits; and, WHEREAS, the City Council adopted Resolution No. 2003-196 N.C.S. on August 18, 2003, which authorized the City Manager to execute an amendment to the professional services agreement with Carollo Engineers for engineering services in support of locating the new treatment plant at 4104 Lakeville Highway; and, WHEREAS, the City Council authorized acquisition of approximately 262 acres of land in the -4000 block of Lakeville Highway for construction of the Water Recycling Facility and development of the Petaluma Marsh Acquisition, Enhancement and Access Project on September 8, 2003 through Ordinance No. 2161 N.C.S. for the purchase of real property described as Sonoma County Assessor's Parcel Nos. 068-010-026 and 017-010-002; and, WHEREAS, the City acquired Parcel Nos. 068-010-026 and 017-010-002 in February 2004 with the assistance of grant funding from the California Coastal Conservancy and the Sonoma County Agricultural Preservation and Open Space District; and, WHEREAS, an Addendum to the Water Recycling Facility and River Access Improvements EIR was prepared to evaluate potential changes to the environmental affects of the Project due to the proposed Project revisions; and, WHEREAS, the EIR Addendum concluded that the determinations of the Final EIR remain valid for the revised Project in that none of the Project modifications will have new significant impacts or substantially increase the severity of previously identified significant Resolution No. 2005-133 N.C.S. Page 7 effects, or otherwise meet the requirements of CEQA Guidelines Section 15162 which outlines the standards by which subsequent EIRs are required; and, WHEREAS, the EIR Addendum was published on April 15, 2004 and was available for public review at the City of Petaluma City Hall, Petaluma Library, Petaluma Community Center, Petaluma Senior Center, and the Santa Rosa Junior College, Petaluma campus; and, WHEREAS, the City Council adopted Resolution No. 2004-101 N.C.S. Re-certifying Water Recycling Facility and River Access Improvements Project Final Environmental Impact Report Addendum, and Adopting Findings and Statement of Overriding Considerations, and Adopting Revised Mitigation Measures and Monitoring Program on June 7, 2004; and, WHEREAS, the City Council adopted Resolution No. 2004-092 N.C.S. Authorizing the City Manager to Execute a Professional Services Agreement with The Covello Group for Construction Management Services Task 1 and Task 2 for the City of Petaluma Ellis Creek Water Recycling Facility Project on June 7, 2004; and, WHEREAS, the City Council adopted Resolution No. 2004-156 N.C.S. Authorizing General Contractor and Electrical Subcontractor Prequalification for the City of Petaluma Ellis Creek Water Recycling Facility Project on August 16, 2004; and, WHEREAS, the Site Plan and Architectural Review Committee approved the Project on November 18, 2004; and, WHEREAS, the Petaluma Planning Commission considered the Project and the proposed land use designations at 4104 Lakeville Highway on December 14, 2004, and recommended the City Council approve the General Plan Amendment to the land use designation of Public/Institutional, prezoning to Planned Community District (PCD) and rezoning from Agricultural to Planned Community District, and annexation to the City of Petaluma; and, Resolution No. 2005-133 N.C.S. Page 8 WHEREAS, the City Council considered the Ellis Creek Water Recycling Facility on February 7 and 28, 2004 and directed the Department of Water Resources and Conservation to complete the contract documents for Alternative lA -Full Project With Bid Alternate for the Ellis Creek Water Recycling Facility and issue the contract documents to the following prequalified contractors for solicitation of bids for construction: General Contractors • Slayden Construction • Kiewit Pacific Company • Monterey Mechanical • Balfour Beatty Construction, Inc. • Walsh Pacific Construction • ARB, Inc. Electrical Contractors • Mass Electric • Contract Costa Electric • HGH Electric • Blocka Construction • Con J. Franke Electric WHEREAS, the Ellis Creek Water Recycling Facility Project ("Project") is included in the Department of Water Resources and Conservation Fiscal Year 2005-2006 Capital Improvement Program Budget; and, WHEREAS, in accordance with Article X of the City of Petaluma Charter, the Petaluma Municipal Code, California Public Contract Code Section 20162 and other applicable law, the City of Petaluma solicited bids for the Project; and, WHEREAS, the Project bids were received on July 14, 2005, and opened in accordance with California Public Contract Code Section 4105.5 and other applicable law; and, Resolution No. 2005-133 N.C.S. Page 9 WHEREAS, the apparent lowest bid for the Project was the bid of Kiewit Pacific Company in the amount of $106,250,200 for the Base Bid and $4,078,800 for Bid Alternate No. 1, for a total bid of $110,329,000; and, WHEREAS, Kiewit Pacific Company was prequalified on December 15, 2004 to bid for the Ellis Creek Water Recycling Facility Project; and, WHEREAS, the City Council adopted a Resolution certifying the 2005 Construction Addendum to the Water Recycling Facility and River Access Improvements EIR as modified by the Apri12004 Addendum and Adopting Findings of Fact and Adopting Revised Mitigation Measures and Monitoring Program on August 1, 2005; and, WHEREAS, the 2005 Construction Addendum to the Water Recycling Facility and River Access Improvements EIR concluded that the determinations of the Final EIR remain valid for the revised Project in that none of the Project modifications will have new significant impacts or substantially increase the severity of previously identified significant effects, or otherwise meet the requirements of CEQA Guidelines Section 15162 which outlines the standards by which subsequent EIRs are required; and, WHEREAS, the City pre-screened nine (9) construction management firms through site visits and reference checks in December 2003; and, WHEREAS, the City qualified three (3) firms to receive Requests for Proposal (RFP); and, WHEREAS, the City issued the RFP on March 29, 2004 and received responses on April 30, 2004 from two firms; and, WHEREAS, the two responding firms were assessed on proposal, reference checks and interviews; and, WHEREAS, interviews were conducted on May 10, 2004 in front of a panel that included two outside professionals and two City Management personnel; and, Resolution No. 2005-133 N.C.S. Page 10 WHEREAS, at the conclusion of the interviews, the project team discussed the relative merits of the proposers, and then rated them. The project team evaluated the proposals based on the following criteria: personnel assigned to the project, inspection team capability, team cohesion, management systems, reference checks, back-up within the proposed team, proposal, presentation, answers given during dialogue portion of the interview, cost and cost/hour; and WHEREAS, the project team unanimously recommended the City Council select The Covello Group; and, WHEREAS, The Covello Group was selected by the City Council to conduct bid-ability and constructability reviews, opinion of probable construction cost, prequalification package, forecast schedule, pre-bid meeting, Addendum review, and bid review; and, WHEREAS, The Covello Group has in-depth knowledge of the Ellis Creek Water Recycling Facility contract documents from reviews conducted over the past 13 months which will enhance project progression; and, WHEREAS, the City of Petaluma requires professional construction management and inspection services during construction of the Ellis Creek Water Recycling Facility to help manage time, cost, scope, quality, and safety; and, WHEREAS, The Covello Group is recommended for the following reasons: 1. The firm provided exceptional service to the City over the past 13 months through bid-ability and construct-ability reviews and cost estimating. 2. The firm has extensive experience with construction management service on water recycling facility projects of similar magnitude and complexity as the City's Ellis Creek Water Recycling Facility. 3. The firm has provided service on over $51.8 million dollars of work for Union Sanitary District and $79.2 million dollars of work for Dublin San Ramon Services District. Resolution No. 2005-133 N.C.S. Page 11 4. The firm has committed to provide a qualified construction management team with over 40 years of combined experience. 5. The firm has a proven track record of controlling schedule and costs. 6. The firm is known for being proactive and solution orientated when addressing environmental issues. 7. The firm's core values are based on teamwork. 8. The firm has established management systems for project management. 9. The firm has impeccable reference checks. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. The City Manager is authorized to execute a Professional Services Agreement with a contract not-to-exceed amount of $10,231,509 with The Covello Group for Construction Management and Inspection Services as described in the scope of work that is attached to and hereby made a part of this Resolution as Attachment A on terms that are based on the City of Petaluma standard professional services agreement and modified as appropriate to implement the scope of work, subject to approval as to form by the City Attorney. 3. Subject to available funds for the Ellis Creek Water Recycling Facility Project, the City Manager is hereby authorized to execute on behalf of the City of Petaluma amendments to the Agreement Scope of Work, and to the not-to-exceed amount, so long as such amendments in the aggregate do not increase the original Agreement not-to-exceed amount by more than 15%. 4. This Resolution shall become effective immediately. 5. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall be and continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. Resolution No. 2005-133 N.C.S. Page 12 The City Council of the City of Petaluma hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion hereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the App to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting on the .........1.SC day of ........August.................................., 20.05., by the following vote: City Attorney AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: None / ~ ATTEST: C-!! . City Clerk Mayor Council File Res. No........2005-.1.3;........N.C.S. AB"I'ACHIVIENT A SC®PE VV® CITY OF PETAI,UMA ELLIS CREEK WATER RECYCLING FACILITY CONSTRUCTION MANAGEMENT SERVICES TIIE COVELLO GROUP, INC. A. TASK 1 -CONSTRUCTION PRASE 1. Pre-construction Conference a. Covello will prepare the agenda for the meeting, facilitate the meeting, address administrative and non-design issues, and prepare the record of discussions of the meeting for distribution. b. Carollo will attend the meeting and address' design issues. c. The City will attend the meeting. . 2. Partnering a. Covello will attend and participate in the initial partnering session.. b. Covello will attend and participate in the follow-up partnering sessions; approximately. two to four sessions a year. 3. Construction Administration Services a. Covello will provide construction management services. Covello will receive all correspondence from the Contractor and will address all inquiries from the Contractor and all construction related correspondence. Carollo will be responsible for providing any design input. b. Project Coordination: Covello will act as the project coordinator and the point of contact for all communications with the Contractor. Covello will coordinate the construction related activities of Carollo, City and. Contractor. c. Document Tracking System: Covello will establish, implement and maintain a system for tracking the construction prof ect correspondence and documents using Microsoft Access. The database will be backed up to the City's hard drive daily. A CD backup of the database will be provided to the City monthly. The document tracking .system will include the preparation and maintenance of issue files. Issue files will be created for construction activities that have cost, delay or claim potential associated with them. Near the end of the project, Covello will train the plant office professional on the design of the construction files and provide a File Index documenting the contents of each file system. d. Covello will provide an electronic copy of the logs for submittals, RF'Is and other agreed to pertinent project documentation to Carollo. The frequency of this file transfer, the medium and the actual files required will be jointly reviewed and agreed to by Carollo and Covello. e. All construction project files will be stored at the job site in file cabinets. At the end of the project, the construction files will be delivered to the new plant library and organized for future reference and use by Covello, Carollo, or the City. Covello shall have full and complete access available to all files created by Covello during the Project for up to ten (10) years after the completion of the Project. Such access shall include the right to copy any and/or all such files at Covello's expense. Resolution No. 2005-133 N.C.S. -Page 14 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Crroup Scope of Work 4. Meetings a. Covello will prepare the agenda for the progress meetings and other construction meetings required during the Project. b. Covello will facilitate the progress meetings and other construction meetings. c. The City and Carollo will attend the progress meetings. Carollo will attend other construction meetings when design input is required. Outside agencies and parties will be invited to attend the meetings when applicable. d. Covello will prepare and issue the record of discussions for the progress and other construction meetings. Within four (4) working days of the meeting draft record of . discussions will be provided to the City, Contractor, and Carollo. Action items will be identified. e. Covello will prepare the agenda and facilitate the monthly management team meetings with the City and Carollo. Covello will prepare and distribute the record of discussions for these meetings. The Programmer and Environmental Manager will attend the meetings when requested by the City. 5. Coordination with ®utside Agencies anal Public a. Outside Agency Coordination: Covello will provide field coordination with outside agencies and work to see that the Contractor obtains any necessary permits and complies with the listed restrictions. b. SRF Coordination: Covello will assist in providing all required documentation for the State Revolving Loan Program. Covello will meet with the City to verify monthly documentation required for SRF. The schedule for inspection is anticipated to be every two months. Covello will tour the plant with the SRF representative, and provide replies to their questions. c. Public Outreach Assistance, including: 1. Covello will create and maintain forms in a file for citizen inquiries and Covello response. 2. The City will create a periodic "Ellis Creek Water Recycling News Letter" (twice per year) with project status, look ahead items to alert local businesses and residents of what to anticipate (i.e. concrete truck traffic, etc.). Covello will provide project information. to the City staff to assist in the City's preparation and issuance of project information to the public. 3. Meetings with the public maybe facilitated by either Covello or the City. 4. Covello will be the City's representative for public inquiries and be available to the community to provide an open level of communication and public relations. 5. Covello will refer all media inquiries to the City. 6. Sub>rnittals a. Covello will establish, implement and coordinate submittal processing. b. Covello will receive the submittals from the Contractor and check the submittals for general conformity with the Contract requirements. If obvious deficiencies are apparent in the submittal, Covello will send the submittal back to the Contractor for correction. c. Covello will route the submittal to Carollo and City, as appropriate, for review and will Resolution No. 2005-133 N.C.S. Page 15 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work route the reviewed submittal back to the Contractor. d. Covello will maintain a log and tracking system for submittals. Covello will track the status of submittal review with Carollo and the status of shop drawing resubmittals with the Contractor. e. Carollo will review all design related submittals. Carollo will review all submittals for temporary facilities except as noted below. f. Covello will review other temporary construction submittals required to be submitted for review by the Construction Documents including; temporary piping, electrical, traffic control plans and construction staking plan. Review of the Contractor's construction staking plan, is limited to checking that a competent person created the design. g. Covello will have separate subconsultant review temporary shoring and dewatering plans. By such review Covello and the subconsultant assume no liability or responsibility for the safety of the installation or resulting impacts due to the failure of any such system. Such liability and responsibility are solely the Contractor's responsibility. 7. Clarification Processing a. Covello will establish, implement and coordinate the system for processing clarifications. b. Covello will receive all requests for information(RFIs) from the Contractor and determine if the request is a valid RFI; if not, Covello will return the RFI to the Contractor. c. Covello will provide a response to the Contractor for any administrative and general RFIs. d. Covello will route all other RFIs to Carollo or the City as appropriate. e. Carollo will review design related RFIs and provide design response. ,The City will. provide response as necessary. f. Covello will review Carollo's response and verify acceptability of response. If the response materially affects the design, it will be reviewed with the City and/or Carollo, as necessary, to verify that it is required. If it is required, Covello will issue a change request. g. Covello will maintain a system for logging and tracking RFIs. Covello will track the status of RFI review with Carollo and notify the City if the turnaround of the RFI response does not meet_the Contract requirements.. h. Carollo will prepare Design Clarifications where design issues are identified by Covello, Carollo, or the City. Covello will prepare Clarification Letters for transmittal to the Contractor of Carollo's Design Clarifications and other clarifications including City.requested changes. g. Change ®rder Preparation, Negotiation & Processing a. Carollo will prepare design details for change requests. b. Covello will prepare and issue the change request to the Contractor with the appropriate design documents and scope of work. Covello will discuss the scope with the contractor to improve agreement and understanding. c. Covello will prepare an independent cost estimate and/or verify the acceptability of the . Resolution No. 2005-133 N.C.S. Page 16 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work Contractor's cost proposal for each change request. Independent cost estimates will be prepared for significant and/or complex changes to authenticate the Contractor's cost proposal. Cazollo's input may be requested for specific equipment and material costs. d. Covello will negotiate change orders with the Contractor. e. In the event the Contractor encounters a time sensitive problem where it is not. practical to take time to negotiate a settlement, Covello will issue a field order. All work done under a field order will be completed on a time and material basis. Covello will have authority for issuing field orders to a maximum value of $10,000 without prior notice or . approval from the City only if Covello can't reach the City's Engineering Manager via cellular phone or office phone. Covello should confirm the absence of the Engineering Manager through the Department of Water Resources and Conservation Office Professional and discuss possible change with the Director if available. As soon as practical dependent on field conditions, Covello will advise the City of the issuance of such field order, and the City will execute the field order. Field orders with an allowance greater than $10,000 will be reviewed and approved with the City prior to issuance. f. Covello will prepaze change orders for execution by the City and Contractor. g. Covello will unplement and maintain a system for logging and tracking changes. 9. Progress Payment a. Covello will review the initial cost breakdown prepared by the Contractor. Covello will review and process the progress payment requests as required in the Contract Documents and by the California Public Contract Code. b. Covello will verify the quantity and acceptability of stored materials. c. Covello will verify the Contractor's construction progress as it relates to the progress billing procedure. d. Covello will handle the administration, prepazation and processing of the monthly progress payments. e. Covello will prepare the summary cover sheet for the progress payments which will be executed by Covello, the Contractor, and the City. f. When and if requested by the City, State or other agency or public inquiry, Covello will collect but not review the certified payroll from the contractor. 10. Scheduling a. Covello will review and work with the Contractor in their development of the initial baseline schedule. Covello will provide written comments to the Contractor on the baseline schedule. b. Covello will review and work with the Contractor in their review and preparation of the monthly updates. Covello will provide written comments to the Contractor on the monthly update schedule. Covello will utilize their construction knowledge and the schedule provided by the Contractor to intervene on the City's behalf if the project schedule becomes a concern. Covello will document to the Contractor and City any issues noted. in the monthly update schedules that may affect the on-time and in-budget delivery of the project; for example, delay in transition from structural work to mechanical work. Review will include key elements such as logic, sequencing, constraints, shutdown requirements, early completion milestones, impact of field Resolution No. 2005-133 N.C.S. Page 17 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work changes and schedule completeness. 11. EIR Conforffiance: Covello will coordinate and schedule the work of Carollo and the City's Environmental Consultant for conformance with the E1R, Wetlands Mitigation Monitoring Plan and the mitigations required in the Biological Assessment. a. Hold akick-off environmental mitigations requirements meeting with City, Carollo and the Environmental Consultant, and agree on construction management inspection and management actions, and role of Carollo and the Environmental Consultant related to environmental mitigation process. b. A coordination meeting will be held with the City, Environmental Consultant and the Contractor to define the Contractor's responsibilities for complying with the environmental requirements of the Contract Documents. c. The Environmental Consultant will have primary responsibility for the environmental inspections, monitoring and surveys defined in the E1R and the Contract Documents. d. Covello will monitor the Contractor's operations to document their daily compliance with the environmental mitigation requirements in the Contract Documents. Covello is not an environmental specialist and final. determination on the acceptability of Contractor's compliance shall be made by the City and/or Environmental Consultant. e. The Environmental Consultant. will prepare the base spreadsheet defining the environmental mitigation items to be monitored and any forms required by the inspectors during construction. Covello will maintain the spreadsheet of the environmental mitigations and inspections completed, and review the status at least monthly with the City, Carollo and the Environmental Consultant. The spreadsheet will include an indication. of what items need action. f. Covello will track the environmental inspections and coordinate their organization into the filing system. 12. City Council Meetings: Covello will attend City Council meetings when requested by the City to assist the City staff in updating the City Council on the status of construction. 13. Monthly IZepoa-t: Covello will prepare and issue a bri_ of monthly report to the City summarizing the following: • Project cost versus budget • Project schedule • Project safety • Description of construction completed for the month and anticipated progress for the following month • Any issues that may impact project cost or schedule and the plan to resolve these issues • Digital Photo Log of month's activities • Other items as necessary to update City on progress • Provide report in paper form and electronically so items can be used for Council Presentations Resolution No. 2005-133 N.C.S. Page 18 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work 14. Field ®bservation Activities a. Covello will provide daily field observation services of construction including civil, structural, mechanical, electrical, instrumentation & control, coatings, and corrosion for conformance with the Contract Documents. b. Each inspector will prepare one daily report documenting field activities, field crews, Contractor equipment, and field problems. Daily reports will be submitted to the Covello Resident Engineer by 10:00 am the next working day following the work. c. Covello will provide and maintain digital photographs of daily field activities. Covello will present photo log in photo albums and on CDs. Photo log will be updated monthly. d. Covello will provide video and photographic documentation of the project jobsite. and adjacent Lakeville Highway for 100 yards east and west of the jobsite prior to construction. e. Covello will monitor the Contractor's installed traffic control plan for compliance with the approved traffic control plan. f. Covello will monitor the Contractor's coordination with utility companies and compliance with the utility companies' requirements, as applicable. • Covello will hold akick-off meeting at the beginning of construction to advise affected utilities that the work is starting, and provide a contractor schedule of :when utilities maybe affected. g. Covello will maintain a log of reviews of the Contractor's record documents and provide comments to_ Contractor on what actions appear necessary to correct or add to the drawings. Covello will help coordinate record document updates with City's CAD Operator on a monthly basis and will facilitate the update of these documents between City and the Contractor. Covello will confirm that the record documents are being maintained by the Contractor, updated by City and are in substantial conformance with Covello's information, knowledge and belief of the work. Reviews shall be no less frequently than monthly. h. Covello will participate in the City Building Department inspections of the Operations and Maintenance Buildings. Covello will monitor the Contractor's corrective measures to address items noted by the Building Department inspectors. When applicable, Covello will discuss Contractor progress on a monthly basis with City's building department for awareness of status. Covello's scope and budget are based on the understanding that the City Building Department will only be involved in the inspection of the Operations and Maintenance Buildings and will not have any involvement with the remainder of the construction. i. Covello Group will assist the Fire Department as needed in coordinating requests to the Contractor. Fire Department will provide an inspector who will coordinate with the CM on findings. j. An allowance of twenty (20) hours of overtime per month for each inspector is included in the original budget estimate. The inspectors will only work overtime if required to meet the project requirements. Dependent on the Contractor's actual operations additional allowance may be required for this effort. k. A separate supplemental allowance will be included in the budget for additional overtime for the inspectors. This allowance will only be used upon prior written Resolution No. 2005-133 N.C.S. Page 19 City of Petaluma -Ellis Creek Water Recycling Facility T'he Covello Group Scope of Work approval from the City. This supplemental allowance will be based on an additional 16 hours per month per inspector. 1. Covello will see that adequate and appropriate quality control and Specialty Inspections, Materials Testing & Surveying aze taking place. 1. Covello will schedule and coordinate the specialty inspections, testing and surveying services. The attached scopes and budgets from Consolidated Engineering Laboratories, for special inspections and material testing, and Winzler & Kelly, for surveying, are the estimate of the scope of services for the work to be performed. If the Contractor's operations vary from the assumptions utilized to prepare these estimates an amendment maybe required for the additional services required. 2. Covello will have oversight responsibility for the specialty inspections, testing and surveying services. 3. Covello will monitor mass fill settlement and coordinate with Carollo and Carollo Geotechnical Subconsultant. Covello will monitor settlement and lateral movement of existing pond 10 structures (CCB and Chlorination building) due to construction impacts. 4. As provided for in the Contract Documents, the Contractor has primary responsibility for performing the survey to check the control points on shoring and adjacent structures and improvements. Covello will monitor the Contractor to ,confirm that they are complying with this requirement and may periodically spot check the survey. 5. Covello will .monitor the Contractor's sub-grade preparation and fill operation for compliance with the Contract Documents requirements. 6. Covello will check the Contractor's control survey and spot check construction staking. 7. Covello will contract with separate firm(s) to furnish the testing, special inspections and surveying services specified in the Contract Documents for the Project. Covello will monitor and review inspection testing and results, and notify Contractor where remedial action maybe required on a timely basis. 15. Safety Covello will comply with appropriate regulatory, project and City regulations regarduxg necessary safety equipment or procedures used during performance of Covello's work and shall take necessary precautions for safe operation of Covello's work, and the protection of Covello's personnel from injury and damage from such work. Neither the professional activities of Covello, nor the presence of Covello's employees or sub-consultants at the constructionlproject site, shall relieve the Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City regulations, and any health or safety precautions required by any regulatory agencies. City agrees that the Contractor is solely responsible for job site safety, and that City shall provide in the Contract Documents that Covello and its sub-consultants shall be named as additional insureds in general liability insurance coverage provided by Resolution No. 2005-133 N.C.S. Page 20 City'of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work the Contractor, and that Covello and its sub-consultants shall be named as indemnitees under the obligation of the Contractor to defend and indemnify City, to the same extent as the obligation pertains to City. Covello and its personnel have no authority to exercise any control over any Contractor or other entity or their employees in connection with their work or any health or safety precautions. Covello will follow the City's confined space procedures for entry into any existing City confined spaces. 16. 1Vleans and 1dYethods of Construction: Covello will not have responsibility for directing the means and methods of construction. The Contractor shall be solely responsible for the means and methods of construction. 17. ®ther Project Coordination: Covello will be responsible for overseeing the coordination of the Ellis Creek Recycling Facility Project and other construction projects at the Project site that will be on-going during the Contract period. This task shall only be for the coordination aspects and not for the management, administration or observation of such work. If such tasks are required, either an amendment to this Agreement or sepazate task order maybe required to be executed to cover such work. 18. Prograffiming: Covello will be responsible for coordinating the scheduling of the City's separate contract for the SCADA system programming with the Contractor's schedule. Covello will review the Contractor's schedule and progress and advise the City and Programmer as to the anticipated dates for startup of the various work areas and any significant changes to these schedules. 19. DDispuee Resolution: Disputes that arise during the course of the Project with the Contractor will be attempted to be resolved through the negotiating efforts of Covello's base team and the City. Dispute resolution services using third parties or special processes (e.g. Mediation, Arbitration, Legal Proceedings, etc) or those requiring extraordinary effort by the project staff or other Covello personnel aze not included in this Scope of Work. If such non-routine dispute resolution services aze required, either an amendment to this Agreement or a sepazate task order may be required to be executed to cover such work. TASK 2 -ST'ART'-1JP PHASE 1. Testing a. Covello will witness testing required prior to: system startup, i.e. control loop, megger testing, individual 8 hour Functional equipment testing and startup, etc. as required of the Contractor in the Contract Documents Section 01756 Testing, Training, and Facility Start-up. 2. Startup a. Covello will work with the Contractor, Cazollo, Programmer and the City on the development of the Startup Plan and will facilitate this process. The construction Resolution No. 2005-133 N.C.S. Page 21 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work management Startup Plan will identify roles of the Construction Manager, Cazollo, Programmer, City and Contractor. The draft plan will be submitted within the first eighteen (18) months of the Notice to Proceed. b. Covello will provide oversight, administration and coordination of startup and testing. c. Covello will witness equipment and system testing. The only factory testing included in the initial scope is for two (preliminary and final) PLC/SCADA factory tests. Covello will oversee these tests but will not participate full-time in the test witnessing. Covello will participate in the electrical and instrumentation testing as indicated on the attached test matrix. d. Carollo will develop general plan of operation for Process Start-up. The plan shall be a brief listing which summarizes operating modes and equipment settings and provides a listing of major equipment.. Plan shall be prepared within eighteen (18) months of Contractor Notice to Proceed. Cazollo shall provide design assistance during the startup and testing operations. e. Cazollo will provide a Grade IV or V operation's personnel for assistance to the City and startup team. f. Covello will include a budget allowance to provide testing laboratory services for process testing verification where the Construction Documents indicate such services are not provided by the Contractor. The City will assist in selection of the testing laboratory to be used and determination of the scope of work to be performed. 3. Training a. Covello will coordinate training requirements between the City, Plant staff, Cazollo. Programmer and the Contractor. Covello will develop training schedule within 18 months of Contractor Notice to Proceed..Cazollo, Programmer, Contractor and City will assist in the development of the schedule. Covello will track start-up as compared to the schedule and advise on any issues. b. Covello will provide digital video-taping of the training sessions for the major equipment as agreed upon during the development of the Startup Plan. 4. Corrective Work Item List a. Covello will.prepaze the Corrective Work Item list with input from the City and Cazollo. b. Covello will confirm that the items identified in the Corrective Work Item list are completed in preparation for issuance of the Substantial Completion Certificate. c. Covello will perform a final cross-check. of Construction Manager's record documents with action list for Contractor additional entries needed. Covello will ascertain to Covello's information, knowledge and belief that the Contractor has substantially completed the record documents in accordance with the requirements of the Contract Documents. Covello will accept Contractor completed record documents and send to Cazollo's Gad Operator for final drafting and development of final conformed record documents. d. Covello will prepare the Substantial Completion Certificate for execution by the City and Contractor when the Corrective Work Items are completed. 5. Final Inspection and Punch. List Resolution No. 2005-133 N.C.S. Page 22 City of Petaluma -Ellis Creek Water Recycling Facility The Covello Group Scope of Work a. Finallnspection Covello will have primary responsibility for conducting the final inspection. The City will participate and provide input on final inspection. Cazollo will provide design input on final inspection items. Covello will have oversight and final review responsibility for the final inspection. b. Covello will prepaze the list of outstanding deficiencies. c. Covello will prepaze and issue the punch list from the list of deficiencies. d. Covello will have primary responsibility for verifying that punch list work is complete. 6. Project Closeout a. The Contractor will furnish record documents which Covello will turn over to Carollo for conforming and final issuance to the City. b. The Contractor will furnish Operation & Maintenance Manuals to be reviewed and approved by Carollo C. 'PASK 3 -CLOSE-®Y3T PRASE 1. Close-®ut a. Covello will turnover all project files to the City as defined in Item A.3.d above. 2. Warranty Coordination a.. Covello will prepare and maintain a warranty file and log. b. Covello will assist in defining the warranty procedures. c. Covello will participate in monthly and one-year service inspections during the one- year warranty period. Provide monthly inspection and updated warranty work notices to Contractor, and log to the City, plant staff, Cazollo and Contractor. Include a running journal of follow-ups with plant staff and Contractor on warranty work. Send confirmation on each completion to Contractor and City. d. After the one year warranty period, the status on all outstanding items will be summarized to Cazollo and the City. Suggested means for resolving the outstanding items will be provided. Resolution No. 2005-133 N.C.S. Page 23